20060385 Ver 1_More Info Requested_20060427

OF W ?TF
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 27, 2006
DWQ Project # 06-0385
Transylvania County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED ?005 0390 0001 3552 9203
Robert Johnson
Fletcher Management Company
1548 The Greens Way
Suite 4
Jacksonville, FL 32250
Subject Property: Forge Lake (formerly Osborne Lake)
Sutton Creek Road, Transylvania County o ?? u l:J
LI 1:/
REQUEST FOR MORE INFORMATION
MAY 8 2006
Dear Mr. Johnson:
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
On March 8, 2006, the Division of Water Quality (DWQ) received your application to
impact 7,125 Linear Beet of streams to construct the proposed Forge Lake. The DWQ
has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we
will have to move toward denial of your application.as._required by 15A NCAC 2H .0506
and will place this project on hold as incomplete until we receive this additional
information. Please provide-the following information so that we may continue to review
your project.
Additional Information Requested:
1. 15A NCAC 02H .0506 (b)(4) requires that any project not result in cumulative [or
secondary] impacts. A qualitative analysis of cumulative impacts must be
performed in accordance with
httD://www. ncwaterauality. ora/ncwetlands/documents/I nterimi nternalPolicvCumulati
velmpact.doc
2. 15A NCAC 02H .0506 (f) requires that "a lack of practical alternatives" be
demonstrated. While alternative sites have been discussed in your application, no
discussion in regards to developing the project without the impoundment, or a
significantly reduced impoundment (or offline impoundment), has been presented.
A discussion regarding practical alternatives with respect to a reduction of impacts
must be presented.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
NorthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Forge Lake
Page 2of 3 >
April 27, 2006
3. 15A NCAC 02H .0506 (g) requires a demonstration of minimization of impacts. As
discussed in item number 2, impact minimization has not been sufficiently
addressed. A discussion regarding the minimization of impacts must be presented.
Additionally, in accordance with 15A NCAC 02H .0506 (b)(2), a discussion as to
how the brook trout population (an existing use) will not be harmed by this activity
needs to be supplied. As no reference data indicates that brook trout will
reproduce within an impoundment in the southeast, a discussion as to how
reproduction will occur at a rate to not negatively impact the existing population.
Additionally, a discussion as to how the population will be protected from restocking
from other species of salmonids. Additionally, as the DWQ cannot locate any
reference materials regarding the reproduction of Appalachian strain Brook Trout
within an impoundment. (The only reference materials available limit brook trout
reproduction in impoundments to Canada and New York where the lake substrate
is pea gravel with springs upwelling within the lake bed.) Any published reference
materials you can provide will be used in the evaluation of whether this impact will
result in a removal of uses, which must be considered as part of the review
process.
4. In the application, it is referenced that the lake buffer shall be owned by, and
protected by, the Home Owners Association. As it is inappropriate for the future
owners to protect the buffer from themselves, this area (and all protected areas)
must be held in either a conservation easement in the name of a third part who is
organized specifically for the protection of aquatic resources or binding deed
restrictions which require the approval of the DWQ prior to any deed language
changes.
5. In the application, it is stated that the Fletcher Management Company will either
restore and protect 929 linear feet of off-site stream or pay into the Ecosystem
Enhancement Program (EEP) to complete it's mitigation requirements. The DWQ
must have a defined site and either land owner agreements, ownership in the name -
of Fletcher Management Company of a restoration site, or an acceptance letter
from the EEP prior to the issuance of any approval.
6. In the application, the Stream Mitigation Plan states the use of Acer rubrum is not
an appropriate stream restoration buffer plant, it must be removed from your
mitigation plan and all other plant species must come from the Guidelines for
Riparian Buffer Restoration available at
http://h2o.enr.state.nc.us/wrp/pdf/buffers.pdf
7. In the application, a Brook Trout Study from Western Carolina University was
submitted, but omits a sampling location map. You must provide a copy of a
sampling map to the DWQ.
Please respond before May 26, 2006 by sending this information to both the 401
Permitting Unit at:
Mrs. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
4 . IN
Forge Lake
Page 3of 3
April 27, 2006
and to the Asheville Regional Office at:
Kevin Barnett
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you before May 26, 2006, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Mr.
Kevin Barnett at 828-296-4657 if you have any questions regarding or would like to set
up a meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Division of Water Quality
Surface Water Protection Section
RCE/khb
cc: Jennifer Robertson, Wetland and Natural Resource Consultants, Inc.
Post Office Box 882
Canton, NC 28716
401 Permitting Unit, Central Office
USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0385. ForgeLake.Add-Info