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Home My WebLink About20081199 Ver 1_USACE Correspondence_20090121 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 REPLY TO ATTENTION OF: January 14, 2009 Regulatory Division Action ro. 2008-0858 ~~@[gU\YI~@ JAN 2 1 2009 Ms. Sally Daley Girl Scouts, Hornets' Nest Council 7007 ldlewild Road Charlotte, North Carolina 28212 OENR . WATERQUAUIY WETlJ.NOS AND STORMWAlER SAAtiCH Dear Ms. Daley: Reference is made to your August 5, 2008, Department of the Army permit application in which you requested a permit for impacts to stream channels for the construction of a lake in association with the development of an Environmental Leadership Center, near Statesville, in Iredell County, North Carolina. The purpose ofthis letter is to provide you with comments received in response to the Public Notice dated September 30, 2008, and request that additional information be submitted to continue the review of your permit request. Please also reference our subsequent on-site meeting dated December 17, 2008 in which we discussed the comments received and many ofthe issues addressed below. By letter dated November 7,2008, the U.S. Fish and Wildlife Service (USFWS) provided comments in response to the Public Notice which are attached for your review. USFWS provided specific comments related to the potential affects on federally threatened or endangered species, the purpose and need statement, information regarding known effects to aquatic resources from impoundments, concerns over maintenance of downstream flows during and after lake construction, and the adequacy of the mitigation plan. In regards to threatened and endangered species, USFWS concurred that no federally listed species are present on the site and that obligations under Section 7 of the Endangered Species Act have been fulfilled. fu addition, USFWSestimated that if current estimated base flows of 0.2 cubic feet per second (cfs) were maintained upstream during lake construction, the lake would fill with water in approximately 756 days provided no water was released downstream. USFWS also commented that the mitigation plan is inadequate. USFWS stat~d that a 2: 1 mitigation ratio should be provided for all impacts (both fill and flooding) since they believed the stream channel would classify as good quality, By letters dated October 14, 2008, the N.C. Wildlife Resource Commission (NCWRC) provided comments which are attached for your review. NCWRC commented that the property is located near a North Carolina Significant Natural Heritage Area known as Allison Woods. NCWRC also provided comments regarding mitigation ratios, maintenance of downstream flows and temperatures, acceptable stream buffers and conservation easements, and other standard low 2 impact development techniques. NCWRC specifically noted that lower mitigation ratios should be used since they believed the stream channel to be impacted was degraded and of lower quality. They also commented that a minimum flow release should be determined and that discharge flows and temperatures should be routinely monitored to minimize effects to downstream waters. NCWRC also commented that the discharge waters from the dam should be aerated to enhance dissolved oxygen levels for downstream aquatic life. The Corps shares those concerns listed above regarding the determination, monitoring and maintenance of downstream flows both pre and post construction and the clarification of the mitigation plan based on the quality assessment of the stream channels being impacted. As referenced in the. March 18, 2008 guidance titled: Information Regarding the Review and Processing of Standard Permit Applications for the Construction of On-Line Impoundments (Impoundment SOP), adequate documentation of pre and post water temperatures, dissolved oxygen levels, pH and hydrologic flows may be required in order to create a baseline to determine what effects, if any, the impoundment will have on downstream waters. Based upon our discussions on-site, we believe this information is essential to the review of this application and a plan should be submitted that addresses when and how these variables will be measured. Also, if plans include taking water from the Yadkin River to fill the lake and for on-going water level maintenance, more detailed information should be provided as to how water will be taken from the Yadkin River, how much and over what length oftime so that any secondary effects, if any, to the Yadkin River can be determined. With regards to the proposed mitigation plan and appropriate ratios, USACE approved stream quality assessment forms (enclosed) should be submitted which documents the quality of the streams that are proposed for impact in addition to the proposed preservation reaches so that appropriate mitigation ratios can then be determined and we can then determine the adequacy of the mitigation plan. Please be advised that the amount of credit given for preservation is dependent upon many. factors including the quality of stream channels being preserved, associated buffer widths, and the type of protection mechanism and has not yet been determined for this project. Based on our site visit, there also appears to be an opportunity to conduct some on-site stream restoration/enhancement downstream of the dam either for compensatory mitigation and/or educational purposes. Dependent upon further review of the mitigation plan, this area does have the potential to be added to the mitigation plan if needed. Also, to complete our jurisdictional determination review, please complete the enclosed "Approved Jurisdictional Determination Form" as appropriate for waters of the U.S. on the site. As discussed in detail during our site visit, more complete information should be submitted that documents both on-site and off-site alternatives that were evaluated to include location maps for the off-site locations and a cost analysis for the on-site alternative of off-line ponds. For the off-site alternatives, please provide information for those properties that met your search criteria as identified in your permit application and whether or not these properties had existing impoundments. Based on our discussion, we understand that many successful camps have a water-based amenity, however, the size of these impoundments vary greatly. Please provide more information as to why the needed lake size was determined to be 23 acres and could not be 3 further minimized or located on a smaller tributary and thereby further minimizing the lake size. This information should also include documentation as to the number of scouts anticipated to be using the lake during routine camp activities. Please be reminded that the requested information including responses to specific agency comments is essential for our permit review. If you have any questions please contact me at (828)-271-7980, extension 231. Copies Furnished: Mr. Michael Brame ECS Carolinas, LLP 4811 Koger Boulevard Greensboro, North Carolina 27407 Mr. Ian McMillan N.C. Division of Water Quality 401 Wetlands Certification Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Brian Cole Asheville Field Office U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 Sincerely, ~s~ Acting Chief Asheville Regulatory Field Office