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FOC submitted the following comments and will be addressing more during the virtual hearing:
The permit application does not have any tributaries to Laurel Run displayed, symbolized, or labeled in their plans even though they fall within the limit of disturbance and greater project area, which is very misleading in relation to the number of stream crossings proposed. WVDEP should require these tributaries to be included in the plans and review potential impacts on each.
There were 52 days in 2020 where precipitation over 24 hours equaled 0.25 inches or greater. The signatories and those held liable to enforce the SWPPP, Groundwater Protection Plan (GPP), and requirements affiliated with the NPDES Construction Stormwater permit are addressed to Shepherdstown, WV, an approximate 2 hours and 30 minute drive away from the project site, and Cornelius, North Carolina, an approximate 6 hour drive away from the project site. Who will be on the ground in a daily capacity to administer and enforce the regulations related to the SWPP, GPP, and requirements affiliated with the NPDES Construction Stormwater permit?
There are already Notices of Violation issued by WVDEP on this project. Miles of road were cleared, graded, and constructed without any permits in place that are required by law. This includes two stream crossings that were built over Laurel Run and a tributary, with no assessments for potential impacts to these streams or review to determine if the crossings are appropriately sized. We are requesting that WVDEP, WVDNR, Army Corps of Engineers, and the WV Department of Transportation review these crossings to determine if they are adequately sized for integrity of water quality, aquatic organism passage, and structural safety.
As it stands currently, this permit application vastly lacks the appropriate sediment and erosion controls to prevent degradation of water quality to Laurel Run and Big Sandy Creek. The WVDEP should enforce its requirement of additional sediment and erosion controls, such as sediment basins.
Property owners within the development are responsible for their own construction activities. Will property owners be able to move forward with their individual construction during construction of the activities proposed under Permit Application Number WVR11104? If so, how will inspectors be able to determine sources of erosion and/or sediment if projects are occurring concurrently?
Based on independent calculations, there is reason to believe there will be a greater than 10% increase in post-development peak discharge due to exaggerations in drainage areas in the permit application. The calculations in the application should be reviewed in detail by the WVDEP to determine their accuracy.
There is no formal Groundwater Protection Plan (GPP) document attached. Will the Applicant be required to create and submit a signed GPP document that will be held on site at all times?
There are four endangered species within the project boundary. The NPDES permit process, specifically the Source Water Pollution Protection Plan (SWPPP), requires the applicant to list these species and include documentation regarding authorization under the Endangered Species Act, comprehensive site assessments, and/or Best Management Practices that are protective of listed endangered and threatened species and.or critical habitat. The applicant has only provided the species list, but no further documentation. WVDEP should enforce its requirement for the applicant to provide the above information.
There are significant cultural resources within the project boundary. A State Historic Preservation Office (SHPO) representative or cultural resources consultant should review these resources and determine the best course of action for preservation of these resources.
FOC also has concerns about public access to one of our most beloved areas, an area that many dreamed would become public land one day. Access will be limited or discontinued to members of the public, such as boaters and Allegheny Trail thru-hikers. FOC will continue to inquire about access developments.
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