20041672 Ver 1_NOV Response_20081203

December 2, 2008
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
S&EC Project No. 6748.P1
Mr. James Lastmger DEC 3 2008
US Army Corps of Engineers
Raleigh Regulatory Field Office UENit - WATER QUALITY
3331 Heritage Trade Drive, Suite 105 WE ; LANDS AND STORMWATER BRANCH
Wake Forest, NC 27587
Reference: _ The Retreat on the Haw River (formerly Williams Pond Subdivision)
404 Violation Response
USACE Action ID 200421124
Chatham County, NC
Dear Mr. Lastinger:
As requested in your November 20, 2008 404 Violation correspondence, Soil &
Environmental Consultants, PA (S&EC) has been engaged by Crescent Resources to
prepare a Sediment Impact Delineation Report and Clean-up Plan for in-stream
sedimentation which has occurred within the referenced project site as well as a Stream
Restoration Plan. In addition, further discussions between S&EC, Crescent Resources,
the NC DWQ and yourself has led to S&EC preparing this 404 Violation response.
The remainder of this letter will respond to each item individually; the original request
will be in italics followed by our response:
1. When was the violation completed?
The stream crossings identified as Impact No. 1 and Impact No. 2 were completed in
early 2008. The existing, failing corrugated pipe located upstream of Impact No. 2
has been on site for the life of the property under it's ownership by Crescent
Resources (i.e. this failure was not caused by Crescent Resources or their
contractors).
2. What are the reasons for the violation?
Impact No. 1 is a road crossing of an intermittent/unimportant stream channel. The
unauthorized temporary channel impacts include an in-stream check dam which was
required as an additional sediment and erosion control method. It should be noted
that during the October 2, 2008 site visit, both the USACE and the NC DWQ were in
agreement that the check dam located upstream at Impact No. 1 should remain in
The Retreat on The Haw River
Soil & Environmental Consultants, PA
December 2, 2008
Project No. 6748.P 1
place until the sediment basins are removed. It is not anticipated that these temporary
sediment basins will be removed from the project for at least another year.
Impact No. 2 is a road crossing of a perennial/important stream channel. The
applicant reduced the overall length of pipe (from the original 69 linear feet of pipe
down to 40 linear feet of pipe), however, it appears that the contractor placed the rip-
rap in the channel based upon the staking limits (i.e. the permanent impact limits were
staked in the field and rip-rap was placed from the bottom of the downstream end of
the culvert to the limits of disturbance), While this resulted in a 56-foot long rip-rap
pad (the permit called for a 40-foot long dissipater pad), the reduction in the length of
pipe resulted in a reduction of impact at this location. There is also approximately 5
to 6 feet of non-native rock at the upstream end that appears to have been placed for
stabilization purposes. The applicant acknowledges that both the upstream and
downstream ends of this crossing need to be addressed.
Therefore, S&EC has been engaged by Crescent Resources to provide the NC DWQ
and the USACE with a Stream Restoration plan for the streams associated with
Impact Nos. l and 2. This will include a stream restoration plan, removal of the
check dam and stream bank stabilization.
The Stream Restoration and Stabilization plan is currently being developed and will
be submitted to both the USACE and the NC DWQ for approval under separate cover
within the next 60 days. The Stream Restoration and Stabilization plan will include a
detailed implementation schedule and the necessary 3-year monitoring plan for the
restored stream channels.
3. What is the exact amount of stream channel impacted by the violation?
Field observations made by S&EC staff on September 23, 2008 and observations
made with USACE and NC DWQ staff on October 2, 2008 are as follows:
Impact No. 1:
Permitted in 2005: 74 linear feet of permanent intermittent/unimportant channel
impact for road crossing (30" RCP) and 35 linear feet for rip rap pad (total 109 linear
feet of permanent intermittent/unimportant channel impact);
Observed in September 2008: 74 linear feet of permanent intermittent/unimportant
channel impact for road crossing (30" RCP) and 23 linear feet for rip rap pad (total 97
linear feet of permanent intermittent/unimportant channel impact); additional
temporary impact (not permitted) includes a check dam upstream of the crossing and
a collection of large rocks in the channel.
Impact No. 2:
Permitted in 2005: 60 linear feet of permanent perennial/important channel impact
for road crossing (60" RCP) and 40 linear feet for rip rap pad (total 100 linear feet of
permanent perennial/important channel impact);
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The Retreat on The Haw River
Soil & Environmental Consultants, PA
December 2, 2008
Project No. 6748.P 1
Observed in September 2008: 40 linear feet of permanent perennial/important
channel impact for road crossing (60" RCP) and 56 linear feet of rip rap pad (total 96
linear feet of permanent perennial/important channel impact); additional temporary
impacts include approximately 6 linear feet of non-native rock immediately upstream
of the crossing as well as two pre-existing, failing corrugated black pipes.
Impact No. 3:
Permitted in 2005: No channel impacts as a bottomless arch was proposed;
Observed in September 2008: No channel impacts were observed as the bottomless
arch was installed per the 2005 Approvals.
Impact No. 4:
Permitted in 2005: 94 linear feet of permanent perennial/important stream channel
impact for road crossing;
Observed in September 2008: No channel impacts were observed as a bridge was
built for this crossing instead of traditional culverts.
There are no additional impacts anticipated for this project.
4. Wharis the economic benefit resultingfrom the violation?
S&EC has been engaged by Crescent Resources to prepare and submit a
Sedimentation Clean-up Plan as well as a Stream Restoration and Bank Stabilization
Plan. It is not the intent of the applicant, Crescent Resources, for any of the
unauthorized, temporary impacts to remain in place. These impacts were accidental
and non-malicious and there is no economic benefit received by the violation or by
leaving the non-permitted activities in place. In fact, it is an economic detriment if
these violation areas are not addressed and brought back into 404/ 401 compliance as
it will reduce the overall value of the entire project site.
5. What are the remediation steps proposed?
As discussed previously, S&EC has been engaged by Crescent Resources to develop
a Sediment Delineation and Removal report for the stream channels noted during the
October 2, 2008 site visit. On October 2, 2008 S&EC delineated the sediment found
at the locations noted during the site visit with DWQ and the USACE, namely
Crossing No. 1 and the Williams Pond relic spillway. On October 14, 2008 S&EC
Personnel along with Eco Terra Landscape and Erosion Control, Inc completed the
sediment clean-up. The Sediment Clean-up Completion report was submitted to the
both the USACE and NC DWQ on October 22, 2008.
Additionally, S&EC has been engaged by Crescent Resources to develop a Stream
Restoration and Stabilization plan which is currently being developed and will be
submitted to both the USACE and the NC DWQ for approval under separate cover
within the next 60 days.. The Stream Restoration and Stabilization plan will include a
detailed implementation schedule and the necessary 3-year monitoring plan for the
restored stream channels.
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The Retreat on The Haw River
Soil & Environmental Consultants, PA
December 2, 2008
Project No. 6748.P 1
In your 404 Violation letter, you stated that the Stream Restoration and Stabilization
Plan needed to be submitted to your office by December 19, 2008. It will be
impossible for the full plan, complete with detailed drawings, construction and
implementation schedule as well as the 3-year monitoring plan to be completed in
such a short amount of time. Crescent Resources and S&EC are committed to
correcting the violations to the 404 and 401 Approvals as well as providing additional
remediation (i.e. repairing the stream impacted by the existing, failing corrugated
pipe) for impacts unknowingly caused by the applicant and their sub-contractors.
We anticipate that this addresses all of the USACE's concerns. If you have any further
questions or any additional explanation is needed, please don't hesitate to call.
Sin erely,
T
Nicole J. Tho son
Regulatory Specialist
Cc: Ms. Natalie Landry, NCDENR-DWQ, RRO, 3800 Barrett Drive, Suite 101, Raleigh, NC 27609
Ms. Cyndi Karoly, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Mr. Scott Munday, Crescent Resources, LLC, 8133 Rochester Highway, Salem, SC 29676
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