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Home My WebLink About20180661 Ver 1_More Info Email_20190208Moore, Andrew W From: Kaylie Yankura <kaylie@cwenv.com> Sent: Friday, February 08, 2019 9:42 AM To: Brown, David W CIV USARMY CESAW (US) Cc: Moore, Andrew W; Leslie, Andrea J; Hamstead, Byron Subject: [External] RE: Request of Additional Information - Mud Creek Interceptor Sewer Line (UNCLASSIFIED) Attachments: 802 PCN - Revised Impact Table 2.5.19.pdf; 802 PC Map.pdf, Mud Creek Interceptor DMS Acceptance.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mai Ito: report.spam@nc.gov> David, Below is a Google Drive link to the revised Mud Creek impact figure and PJD delineation map. As discussed during our site walk/verification meeting on 2/1/19, the alternative route has been removed from the delineation map. Additionally, wetlands 17, 18, and 19 (located in PC farmland, map attached) have been added to the impact map, as well as wetland 21, which is located in an area labeled as non -wetland on the attached soil conservation map. Impacts associated with these herbaceous wetlands are temporary, and the landowner will continue to farm these areas after the sewer line is installed. If you are unable to access the Google Drive link, please let me know and I will resubmit via the Corps ARL link. https://drive.google.com/open?id=lyulgyijLVPbtNx3gc9KlAZ6FAzSQWSPI Please see the following comments regarding your request for additional information: 1) The applicant's proposed compensatory mitigation is insufficient and not appropriate in offsetting the environmental losses resulting from unavoidable impacts to waters of the U.S. (WoUS) to be authorized by the Department of Army permit. The proposed discharge of fill material into WoUS will convert forested or scrub -shrub wetlands to herbaceous wetlands in the permanently maintained utility line right-of-way resulting in losses of wetland functions and services. Therefore, these wetlands will be permanently adversely affected by the regulated activity. As noted earlier, the Corps has determined for this project mitigation will be required to reduce the adverse environmental effects of the permitted activity. Please submit a compensatory mitigation proposal or plan for the proposed permanent impacts to forested and shrub -shrub wetlands which will be converted to herbaceous wetlands due to the permanently maintained corridor along the utility right-of-way. a. The applicant proposes to mitigate for permanent impacts to forested/scrub-shrub wetlands within a 10' maintenance corridor of the sewer line. The acreage for these impacts totals 1.466 AC and would be mitigated via payment to DMS. A conditional acceptance letter from DMS is attached. The remaining 10' corridor of the sewer line, located along the outside perimeter of the maintenance corridor, would be reseeded and planted with saplings that reflect species currently located within the proposed utility right-of-way. Based upon review of the submitted NCWAM data, site visit(s), wetland habit and functional losses, and induction of additional stressor to the wetlands, a mitigation ratio of 1.5:1 will be required for this project. Check the resubmitted PCN's wetland impacts table and impact maps to make sure they account for all the proposed temporary and permanent impacts for the project. Please revise and resubmit this table and maps, if needed. b. The applicant agrees on the 1.5:1 mitigation ratio. Once DMS receives the permits associated with the project, the DMS invoice will be updated to reflect the mitigation amounts specified in the permits. All maps and tables have been revised and are attached or included on the link provided. Please contact me if you have any questions or require additional information. Thanks, Kaylie -----Original Message ----- From: Brown, David W CIV USARMY CESAW (US) <David.W.Brown@usace.army.mil> Sent: Friday, February 01, 2019 2:33 PM To: Kaylie Yankura <kaylie@cwenv.com> Cc: Moore, Andrew W <andrew.w.moore@ncdenr.gov>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Hamstead, Byron <byron_hamstead@fws.gov> Subject: Request of Additional Information - Mud Creek Interceptor Sewer Line (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED ClearWater Environmental Consultants, Inc. Asheville, NC Kaylie Yankura, The Corps has received and reviewed your submitted requested additional information with supporting documents for the Mud Creek Interceptor Sewer Line project in Hendersonville, Henderson County, NC. After review and evaluation of the submitted information and documents, the Corps is requesting the following additional information in order for us to consider the application to be complete. 1) The applicant's proposed compensatory mitigation is insufficient and not appropriate in offsetting the environmental losses resulting from unavoidable impacts to waters of the U.S. (WoUS) to be authorized by the Department of Army permit. The proposed discharge of fill material into WoUS will convert forested or scrub -shrub wetlands to herbaceous wetlands in the permanently maintained utility line right-of-way resulting in losses of wetland functions and services. Therefore, these wetlands will be permanently adversely affected by the regulated activity. As noted earlier, the Corps has determined for this project mitigation will be required to reduce the adverse environmental effects of the permitted activity. Please submit a compensatory mitigation proposal or plan for the proposed permanent impacts to forested and shrub -shrub wetlands which will be converted to herbaceous wetlands due to the permanently maintained corridor along the utility right-of-way. Based upon review of the submitted NCWAM data, site visit(s), wetland habit and functional losses, and induction of additional stressor to the wetlands, a mitigation ratio of 1.5:1 will be required for this project. Check the resubmitted PCN's wetland impacts table and impact maps to make sure they account for all the proposed temporary and permanent impacts for the project. Please revise and resubmit this table and maps, if needed. At this time, the request to utilize NWP 12 for authorization of impacts to WoUS is on hold until the above additional information has been received. Once the Corps receives the information noted above we will be able to continue to process your request. If you have any questions please contact me. Sincerely, David Brown, PG Regulatory Specialist/Geologist USACE Wilmington District -Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 828-271-7980, ext. 4232 david.w.brown@usace.army.mil CLASSIFICATION: UNCLASSIFIED ROY COOPER Governor MICHAEL, S. REGAN Secretary TIM BAIUMGARTNER Director Marcus Jones Henderson County 1 Historic Courthouse Drive Hendersonville, NC 28792 NORTH CAROLINA Environmental Quality February 6, 2019 Expiration of Acceptance: 8/6/2019 Project: Mud Creek Interceptor County: Henderson The purpose of this. letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin French Broad Impact Location 06010105 Impact Type Impact Quantity Riparian Wetland 1.466 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Kaylie Yankura, agent woarrrcaaa,: QFW Sincerely, Jaes. Stanfill As t anagement Supervisor North Carolina Department of Environmental Quality I Division of Mitigaticm Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 419.707.8976 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Wetland Impact W1 ❑ P ®T #1 — Wetland 1 PFO ® Yes ® Corps 0.345 AC (W1), Sewer Line El No ® DWQ Installation Wetland Impact W1 ®P ❑ T #1 — Wetland 1 PFO ® Yes ® Corps 0.172 AC (W1), Maintained El No ® DWQ Corridor Wetland Impact W2 ❑ P ®T #2 — Wetland 2 PEM El Yes ® Corps 0.003 AC (W2), Sewer Line ® No ® DWQ Installation Wetland Impact W3 E:1 P ®T #3 — Wetland 3 PEM El Yes ® Corps 0.001 AC (W3), Sewer Line ® No ® DWQ Installation Wetland Impact W4 ❑ P ®T #4 — Wetland 4 PFO ® Yes ® Corps 0.179 AC (W4), Sewer Line ❑ No ® DWQ Installation Wetland Impact W4 ®P ❑ T #4 — Wetland 4 PFO ® Yes ® Corps 0.09 AC (W4), Maintained ❑ No ® DWQ Corridor Wetland Impact W5 [—] P ®T #5 — Wetland 5 PEM El Yes ® Corps 0.019 AC (W5), Sewer Line ® No ® DWQ Installation Wetland Impact W6 ❑ P ®T #6 — Wetland 6 PFO ® Yes ® Corps 0.002 AC (W6), Sewer Line ❑ No ® DWQ Installation Wetland Impact W6 ®P ❑ T #6 — Wetland 6 PFO ® Yes ® Corps 0.001 AC (W6), Maintained El No ® DWQ Corridor Wetland Impact W7 ❑ P ® T #7 — Wetland 7 PEM ❑ Yes ® Corps 0.004 AC (W7), Sewer Line ® No ® DWQ Installation Wetland Impact W8 [:1 P ®T #8 — Wetland 8 PEM El Yes ® Corps 0.003 AC (W8), Sewer Line ® No ® DWQ Installation Wetland Impact W9 ❑ P ® T #9 — Wetland 9 PEM ❑ Yes ® Corps 0.002 AC (W9), Sewer Line ® No ® DWQ Installation Wetland Impact ❑ Yes ® Corps W10 ❑ P ® T #10 — Wetland 10 PEM ®No ®DWQ 0.019 AC W10 , Sewer Page 4 of 12 PCN Form —Version 1.3 December 10, 2008 Version Page 5 of 12 PCN Form —Version 1.3 December 10, 2008 Version Line Installation Wetland Impact W11 ❑ P ®T #11 — Wetland 11 PEM El Yes ® Corps 0.034 AC (W11), Sewer ® No ® DWQ Line Installation Wetland Impact W12 ❑ P ®T #12 — Wetland 12 PFO ® Yes ® Corps 0.215 AC (W12), Sewer ❑ No ® DWQ Line Installation Wetland Impact W12 ®P ❑ T #12 — Wetland 12 PFO ® Yes ® Corps 0.108 AC (W12), Maintained ❑ No ® DWQ Corridor Wetland Impact ® Yes ® Corps W13 ❑ P ®T #13 — Wetland 13 PFO ❑ No ®DWQ 0.232 AC (W13), Sewer Line Wetland Impact W13 ® P ❑ T #13 — Wetland 13 PFO ® Yes [D Corps 0.116 AC (W13), Maintained ❑ No ® DWQ Corridor Wetland Impact W14 E] P ®T #14— Wetland 15 PEM El Yes ® Corps 0.029 AC (W15), Sewer ® No ®DWQ Line Installation Wetland Impact W15 ❑ P ®T #15 — Wetland 16 PEM El Yes ® Corps 0.025 AC (W16), Sewer ® No ®DWQ Line Installation Wetland Impact W16 ❑ P ® T #16 — Wetland 17 PEM ❑ Yes ® Corps 0.053 AC (W17), Sewer ® No ® DWQ Line Installation Wetland Impact W17 L] P ®T #17 — Wetland 18 PEM El Yes ® Corps 0.040 AC (W18), Sewer ® No ® DWQ Line Installation Wetland Impact W18 ❑ P ® T #18 — Wetland 19 PEM ❑ Yes ® Corps 0.008 AC (W19), Sewer ® No ® DWQ Line Installation Wetland Impact W19 [_1 P ®T #19 — Wetland 21 PEM El Yes ® Corps 0.111 AC (W21), Sewer ® No ® DWQ Line Installation 2g. Total wetland impacts 1.82 2h. Comments: Total Wetland impacts are 1.652 AC (Total Temporary Impacts = 1.165 AC, Total Permanent Impacts = 0.487 AC). 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ®T Stream Impact #1 S1 — UT Mud ® PER ® Corps 2-5 20 LF — Sewer Line Creek ❑ INT ® DWQ Page 5 of 12 PCN Form —Version 1.3 December 10, 2008 Version Page 6 of 12 PCN Form —Version 1.3 December 10, 2008 Version Installation S2 ❑ P ® T Stream Impact #2 — Sewer Line S2 — UT Mud ® PER ® Corps 15-25 20 LF Installation Creek E] INT ®DWQ S3 ❑ P ®T Stream Impact #3 — Sewer Line S3 — UT Mud ® PER ® Corps 2-5 20 LF Installation Creek E] INT ®DWQ S4 ❑ P ®T Stream Impact #4 — Sewer Line S5 — UT Mud ® PER ® Corps 2-5 20 LF Installation Creek El INT ®DWQ S5 ❑ P ®T Stream Impact #5 — Sewer Line S6 — UT Mud ® PER ® Corps 2-5 20 LF Installation Creek El INT ®DWQ S6 ❑ P ® T Stream Impact #6 — Sewer Line S7 — UT Mud ® PER ® Corps 2-5 20 LF Installation Creek El INT ®DWQ 3h. Total stream and tributary impacts 120 LF 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑ PEI T 04 ❑ PEI T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 PCN Form —Version 1.3 December 10, 2008 Version -� D-1-4