20080902 Ver 1_More Info Received_20080715

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
Division of Water Quality
Attn: Cyndi Karoly/Ian McMillan
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
p rl= ? l July 11, 2008
..? S&EC Project # 7185.W11
a
jul 1 5 2008 DWQProject # 08-0902
Action ID #200801696
DENR -'-WAFER UUAU r
WETLANDS AND ST(1RWNATER BRAN(;H
Re: Reply to the Division of Water Quality's 07/11/08 request for stream impact clarification
The Bluffs Phase 2
Chatham County, North Carolina
Dear Ms. Karoly and Mr. McMillan:
This letter is in response to your phone call on July 11, 2008 which requested a
clarification of the revised stream impacts for the above project.
In our July 3, 2008 correspondence, S&EC noted that the project reduced total permanent
impacts to important/perennial streams by 157 linear feet. This was in error; total
permanent impacts to important/perennial stream channels have been reduced by 167
linear feet. Additionally, S&EC erroneously noted that permanent impacts to
important/perennial streams for the project were 98 linear feet. The actual total of
important/perennial stream impacts for The Bluffs Phase 2 is 100 linear feet (please see
attached revised Stream Impact table).
Please also note that on page 7, Section VI, No. 7 (Isolated Waters) of our initial
application submittal, S&EC included the impact details of Road Crossing #3 in error.
Road Crossing #3 proposes impacts to Section 404/401 waters (i.e. that stream is not
isolated). Impacts #5 & #6 are the only proposed impacts to isolated waters for this
project.
During the phone call with Mr. Ian McMillan, it was noted that mitigation may still be
required by the NC DWQ if the isolated stream impacts combined with the
important/perennial stream impacts was greater than 150 linear feet.
It has been our experience based upon previous correspondence with the NC DWQ on
this issue that when notification of activities to isolated streams is required per the IWGP
Charlotte Office:
248 LePhillip Court
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
100000 (i.e. permanent impacts to perennial, isolated stream channels exceeds 150 linear
feet) and when notification of activities to perennial/intermittent streams is required per
the General Certifications (i.e. permanent and/or temporary impacts to intermittent and/or
perennial streams exceeds 150 linear feet) and when total impacts to important/perennial
stream channels exceeds 150 linear feet, the NC DWQ can require at least 1:1 stream
mitigation for both the perennial, isolated stream channel impacts as well as the
important/perennial stream impacts (i.e. the mitigation is additive).
The above scenario is not the case with The Bluffs Phase 2. The total proposed
permanent impacts to important/perennial channels is now 100 linear feet (i.e. less than
150 linear feet) and there are no proposed permanent impacts to perennial, isolated
channels. For this particular project, notification to the NC DWQ under IWGP 100000
was not triggered; our inclusion of the permanent impacts to 64 linear feet of intermittent,
isolated stream channel was a courtesy only. Additionally, the NC DWQ cannot require
mitigation for impacts to isolated, intermittent stream channels unless the impacts occur
in watersheds classified as ORW, HQW, Tr, WS-I and WS-II; The Bluffs Phase 2 is
within a WS-IV; NSW watershed and therefore, DWQ cannot require mitigation for the
isolated, intermittent stream channel impacts.
As stated in our July 3, 2008 correspondence to the NC DWQ and the USACE, the new
proposed permanent important/perennial stream impacts total 100 linear feet, which is
below the NC DWQ's 150 linear foot mitigation threshold. The USACE has determined
that no stream mitigation will be required on this property given the additional efforts to
minimize and avoid impacts.
Please feel free to call me if you require any further explanation.
Sincerely,
Nicole J. Thomson
Regulatory Specialist

Attachments: 5 copies of Response letter
5 copies revised stream impact table
cc: Ms. Lauren Witherspoon, DWQ Raleigh Regional Office
Mr. Monte Matthews, USACE Raleigh Regulatory Field Office
Mr. Robert Swain
Mr. Darden Swain
Ms. Cheryl Everette
The Bluffs Phase 2
Revised Stream Impact Table
July 11, 2008
S&EC Project # 7185.W11
DWOProiect # 08-0902

Stream Impact
Number
(indicate on map)

Stream Name

Type of Impact

Perennial t
Intermittent? Average
Stream
Width
Before
Im act
Impact
Length
(linear feet)

Area of Impact
(acres)
Impact #1 (NWP 12)
Bridge Crossing #1 UT to Haw River Temporary
(utility installation) Perennial 5' 40' 0.005
Impact #2 (NWP 12)
Bridge Crossing #2 UT to Haw River Temporary
(utility installation) Perennial 5' 40' 0.005
Impact #3 (NWT 12)
Bridge Crossing #3 UT to Haw River Temporary
(utility installation) Perennial 5' 40' 0.005
Impact #4 (NAT 29)

Road Crossing #3
UT to Haw River Temporary

(construction)
Perennial
5
12,
0.001
Impact #4 (NWP 29)
Road Crossing #3 UT to Haw River Permanent
(culvert) Perennial 5' 100' 0.011
Impact #5 (NWP 29)
Road Crossing #4
UT to Haw River Temporary
(construction) Intermittent
Isolated
5'
10'
0.001
Impact #5 (NWP 29)
Road Crossing #4
UT to Haw River Permanent
(culvert)) Intermittent
Isolated

5'

64'

00.
0
0
7
Tem
eref
Dr
iveway-G-r-ess #1 p
y
(Mien) rmAttent 3i 4W /
?/
?
impaet #7 (NAIP 29)

Dfiyeway-Gfessifi,g 141.
UT to Haw Rive.
[?[?e
reuh-er-t) T
late itten
-3-i /?
W
0.006
REVISED Impact #7
(NWP 12)
Driveway Crossing # 1 & #2
UT to Haw River
Tem
(utility installation)
Intermittent
2'
40
0.002
i
t #8
;3XP 29) Tem
efaf
mpae
R
Driveway-G-Fessing #2 T TT to Haw D:.,°« y
p
(eertstmeti* Per-efhiial. 3- 44F 0.00-1-
r.......,.t#o nntro 29) PCrf33ftfi2fit

to o HaRiver
UT

e at
i" ,?"

7 9-7-1
?C
0.006
REVISED Impact #8
(NWP 12)

Driveway Crossing #3 & #4
UT to Haw River
Temporary

(utility installation)

Perennial

2'

40

0.002
hWaet #9 (NAVP 29)
Driveway Cf!oiRing-#3 . UT to Haw Rive Tefflpefanj
(ffnstfue46H) Perennial 41 Tom.. 0.00i
impaet #9 Q,?T 29) LL,
,.. D:, ,o.-
UT t Peffaaften P
' -1
4-
.
4-22'
?
o **``
(TI e
1tiT V_VtT
REVISED Impact #9
(NWP 12)

D
riveway Crossing #5 & #6
UT to Haw River
Temporary

(utility installation)

Perennial

2'

40

0.002
lffipaet # 10 Q4 )n,%

.

T to Haw D i.,,e f
UT
.

Tempera rk
F;f3t1t9t}18t1et3)

?l

41

W
/? y?/?
0.00 i
i
t #10 Q4M4P . P
ne
t
mpae Uq to Haw Rive effuta
fi
(eu?vcrcl Pefen-nial 4 68-1 0.006
REVISED Impact #10
(NWP 12)
Driveway Crossing #7
UT to Haw River
temnstallation
(utility )
Intermittent
2'
20
0.001
T
m
f T

U-T to Haw D. yef
e
pe
aFy
(cvnnracnvrr)
k4erfxittent
22
4W 0.001
--
impaet #11 (TOXT -1 UT t
H
Ri aznricncc
n i
t
itt
t 1
-2 W 003
0
ver
o
aw tt
(?l n
erm
en 7 .

REVISED Total Stream Impact (by length and acreage) 282 LF
Temp/ 164
LF Perm.* 0.024 ac.
Temp/0.018ac
Perm.
*of the 164 linear feet of permanent stream impacts, only 100 linear feet is to important/perennial
streams