20090448 Ver 1_More Info Received_20090716

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
July 15, 2009
OR - D16?q 6
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Ms. Cyndi Karoly?t
NC Division of Water Quality i'`?
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
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Raleigh, North Carolina 27699 MULL' ,
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RE: Request for More Information
Sardis Road Project - Scott Banks
Buncombe County, North Carolina
DWQ Project # NOV-2008-OP-0055 and NOV-2008-CV-0018
Dear Ms. Karoly,
Please reference the "Request for More Information" (Attachment A) dated May 27,
2009 sent by the North Carolina Division of Water Quality (DWQ) in response to the
permit application submitted by C1earWater Environmental Consultants, Inc. (CEC), on
behalf of Mr. Scott Banks. The permit application requested written after-the-fact
authorization for impacts associated with development of a commercial site. The DWQ
determined that the application was incomplete and/or provided inaccurate information
and requested five additional items for review. These items will be discussed below.
DWQ Comment #1: "The site plan for the project indicates that 145 feet of stream will
be culverted to accommodate a portion of the facility parking lots. As the proposed front
parking lot is the purpose for these impacts and that you own property directly adjacent
to this project, all alternatives must be fully explored and submitted along with all efforts
to avoid and minimize necessary impacts per 15NCAC 2H. 0506(b). You must include a
thorough `avoidance and minimization' discussion, which addresses these requirements."
The property located to the west of the applicant's property is owned by Michael
West and is not accessible for development by the applicant. The property
located to the east of the applicant's property is jointly owned by Banks-West
Investments and is not able to be developed without consent of both investors.
Additionally, the property is not conducive to small-scale commercial
development. The adjacent property is 37 acres. This 37-acre parcel is accessible
from Sardis Road in two locations; however, the majority of the property sits
behind three other commercial properties and therefore would not be highly
visible from Sardis Road. A commercial building and parking facilities of the
same size could be developed on the 37-acre parcel but this would not represent
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Ms. Cyndi Karoly
07/15/09
Page 2 of 7
the best commercial use of that parcel. Additionally, as with the proposed project,
approximately half of the 37 acres is located within the 100-year floodplain.
Streams and wetland are also located on this parcel; commercial development of
this parcel would most likely include stream and wetland impacts as well. It is
not feasible to move the parking facility across parcel boundaries and the
applicant is not interested in subdividing or combining any of the parcels he owns.
The applicant has minimized impacts on site by proposing to restore a portion of
the impacted stream channel (390 linear feet) and wetland (0.15 acre).
Restoration of these areas reduced impacts at the site by over half.
DWQ Comment #2: "Please explain why Fill area "B" will not be restored. The
Division required, as part of the Notice of Violation, that this area be restored in addition
to Fill area "A ". You must re-submit your restoration plan which includes this area."
Two Notices of Violation (NOV) were issued for this project (October 10, 2009
and October 28, 2009). Neither NOV mentions wetlands at the site or their
required restoration; only stream restoration and sediment deposition removal
were mentioned. During a CEC evaluation, a wetland area was identified.
The applicant has requested an after-the-fact authorization for 0.09 acre of
wetland impact. A portion of Fill Area A will be restored (0.15 acre) and a
portion will remain filled (0.06 acre) for the construction of a building pad. Fill
Area B (0.03 acre) is in the location of a haul road. This haul road was used to
construct and install sediment and erosion control BMPs. This haul road will be
utilized when/if BMPs are to be repaired and/or removed at the site as a result of
City of Asheville approval of the sediment and erosion control plan.
DWQ Comment #3: "For the stream restoration work, you must submit final design and
construction drawings based on surveyed reference reach conditions (pattern, dimension,
and profile) in the immediate Hominy Creek drainage, representative of pre project
conditions."
On July 1, 2009, personnel from CEC completed a survey upstream of the
proposed restoration reach in order to acquire reference reach data. One
longitudinal profile and two cross sections were completed for this survey. This
upstream portion of the unnamed tributary has similar slope, sinuosity, and flow
as the pre-impacted relocated reach. Both reaches have been impacted in the past
and lack significant riparian cover.
The reference reach channel has a slope of approximately 2% and an average
water depth of 0.42 feet (approximately 5 inches). The chart below graphically
illustrates this data.
Ms. Cyndi Karoly
07/15/09
Page 3 of 7
Longitudinal Profile Stream Bed
----- Water Surface
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0 10 20 30 40 50 60 70 80 90 100
Station (feet)
The reference reach channel has an average wetted channel width (edge of water
to edge of water) of 1.2 feet (approximately 14.5 inches), an average bank slope
of 24.5% (approximately 4:1), and an average top-of-bank channel width (top-of-
bank to top-of-bank) of 16 feet. The charts below graphically represent the
measured cross-sections.
Cross Section - Station 70
96
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0 5 10 15 20 25 30
Station (feet)
Ms. Cyndi Karoly
07/15/09
Page 4 of 7
Cross Section -Station 30
92
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89
w 88
87
0 5 10 15 20 25 30 35 40
Station (feet)
The restored stream channel proposed pattern and proposed cross section are
identified on the site plan (Figure 1). The restored stream channel will have a
maximum of a 2% slope; channel sinuosity will be greater in the restored reach
than in the reference reach. The proposed stream pattern was determined using
old survey data and aerial photographs. The restored channel, immediately after
construction will have a wetted channel width of approximately 2 feet. It is
suspected that after the first year of monitoring, the wetted channel width will
narrow on its own and a small bench will be created. This pattern of narrowing is
already becoming evident in the relocated channel. Proposed bank slopes for the
restored channel are 50% (2:1). This increase in bank slope decreases the top-of-
bank channel width to 14 feet when compared to the reference reach. The
applicant has proposed to plant live stakes on 8-foot centers. Once live stakes are
established, this channel will be very stable, more so than the reference reach
which only has herbaceous grasses as ground cover.
DWQ Comment #4: "You must submit a final monitoring plan, which includes stream
stability and vegetation success criteria. The monitoring should be for a minimum of 5
(five) years, on an annual basis, and include both a failure to meet success criteria' plan
and an annual reporting component. You should include the proposed two proposed two
cross sections (specified in Part 3.2 of the plan) and the longitudinal profile."
Personnel from CEC will perform an as-built survey of the remediation and
restoration site upon completion of construction and will monitor the site annually
for success for 5 years. The information below identifies parameters to be
monitored and a definition of success for each parameter.
Vegetation Survey
Plant density will be evaluated using two, 10-foot by 30-foot plots. All
live stakes in the plot will be counted to determine plant density. Based
on a project area of 0.24 acres and an initial target density of 320 trees per
Ms. Cyndi Karoly
07/15/09
Page 5 of 7
acre, stakes planted on 8-foot centers will more than adequately provide
the density required. Live staking will take place in November or
December of 2009 to utilize the dormant season for maximum survival
potential. The site will be seeded immediately following construction to
stabilize the area until live stake planting can occur.
Success Criteria: Success will be defined as survival and growth of at
least 320 stems per acre through three years of monitoring, survival and
growth of at least 288 stems per acre through year four, and survival and
growth of at least 260 stems per acre through year five.
Channel Stability/Stream Survey
Cross-sections
Two cross-sections will be established. The cross-sections will be marked
on both banks with permanent pins to establish the exact transects used.
The cross-section survey will include points measured at breaks in slope
and any identifiable features (bankfull, inner berm, etc.).
Success Criteria: The project is determined a success, in regards to
channel stability, when there is minimal evidence of instability, which
may include down-cutting, deposition, bank erosion, and increase in sands
or finer substrate and little or no change in the as-built cross section.
Substantial determinations of success will be made by the applicant and
confirmed by the Corps and the DWQ.
Longitudinal Profiles
A longitudinal profile will be completed. Survey points will include
thalweg and water surface. Water surface will be used to calculate slope
for the project reach.
Success Criteria: The project is determined a success, in regards to
channel stability, when there is minimal evidence of instability, which
may include down-cutting, deposition, bank erosion, and increase in sands
or finer substrate and little or no change in the as-built profile. Substantial
determinations of success will be made by the applicant and confirmed by
the Corps and the DWQ.
Photo Reference Sites
Photographs used to evaluate restored sites will be made with a digital
camera. Photographs, showing each bank and the stream channel, will be
take at each cross-section. The stream will be photographed
longitudinally at the upstream end of the restoration site looking
downstream and at the downstream end of the site looking upstream. The
water's edge or channel's edge will be located in the lower edge of the
frame and as much of the bank as possible included in each photo.
Ms. Cyndi Karoly
07/15/09
Page 6 of 7
Success Criteria: Photographs will be used to subjectively evaluate
channel aggradation or degradation, bank erosion, installation of riparian
vegetation and effectiveness of erosion control measures. Longitudinal
photos should indicate the absences of developing bars within the channel
or an excessive increase in channel depth. Lateral photos should not
indicate excessive erosion or continuing degradation of the bank.
If significant problems are identified prior to the end of the monitoring program,
Corps and DWQ regulatory agency personnel will be consulted regarding possible
remedial action. Remedial action may include replanting, additional grading,
stabilizing, and continued monitoring. If, at the end of the monitoring program,
success criteria have not been met, the applicant will consult with the Corps, the
DWQ, and other appropriate state and federal agencies to determine specific
causes and appropriate remedial actions. Review of specific causes resulting in
success criteria deficiencies may include: hydrologic influences, plant mortality,
vandalism, animal depredation, or invasion of nuisance plants.
It is the intent of the applicant to achieve the success criteria; however, the
applicant cannot be responsible for acts of god or natural disasters, which may
undermine or preclude success. In the event of such acts or disasters, the
applicant will immediately coordinate with the appropriate state and federal
agencies for proper actions, if needed.
DWQ Comment #5: "It should be noted that if future development equals or exceeds
24% impervious surface, you will be required to develop, submit for DWQ approval, and
implement Stormwater Management Plans. The stormwater management plan must
include construction plans, specifications, stormwater BMP worksheets, and supporting
calculations. The stormwater best management practices are required to be appropriate
for the surface water classification and designed to remove at least 85% TSS according
to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Protective mechanisms which ensure that the above condition will be complied
with must be submitted."
As indicated in the permit application, impervious surface area for the project site
is 18%. Based on this percentage, the applicant is not required to develop a
Stormwater Management Plan.
Conclusion
The information submitted in this package addresses all issues set forth in the "Request for
More Information" letter. CEC believes the totality of this information allows DWQ to
conclude that the applicant has addressed concerns and recommendations in the letter.
The applicant, Mr. Scott Banks, respectfully requests that the DWQ issue the requested 401
certification.
Ms. Cyndi Karoly
07/15/09
Page 7 of 7
Should you have any questions or comments concerning this project please do not hesitate
to contact me at 828-698-9800.
Sincerely,

Rebekah L. Newton
Project Biologist Yel
R.
tRidd e, S.
Principal
Cc: DWQ, Asheville - Susan Wilson
Corps, Asheville - Liz Hair
Mercer Design Group - Jim Mock
Attachment A
DWQ "Request for Additional Information"
(dated May 27, 2009)
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins
Governor Director
May 27, 2009
Mr. Scott Banks
717 Dillingham Road
Barnardsville, NC 28709
Subject: Request for More Information
401 Water Quality Certification
Sardis Road Project
DWQ Project # 09-0448
NOV-2008-OP-0055 and NOV-2008-CV-0018
Buncombe County
Response deadline: June 26, 2009 or 30 days from receipt
Dear Mr. Banks:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) has performed a preliminary review of a 401 Water Quality Certification
application submitted for the above referenced property. Additional information will be required in order to
complete the review process.
Please provide the following information so that we may continue to review your project.
Additional Information Requested:
The site plan for the project indicates that 145 feet of stream will be culverted to accommodate a
portion of the facility parking lots. As the proposed front parking lot is the purpose for these
impacts and that you own property directly adjacent to this project, all alternatives must be fully
explored and submitted along with all efforts to avoid and minimize necessary impacts per 15A
NCAC 2H .0506(b). You must include a thorough "avoidance and minimization" discussion,
which addresses these requirements.
2. Please explain why Fill area "B" will not be restored. The Division required, as part of the
Notice of Violation, that this area be restored in addition to Fill area "A". You must re-submit
your restoration plan which includes this area.
3. For the stream restoration work, you must submit final design and construction drawings based
on surveyed reference reach conditions (pattern, dimension, and profile) in the immediate
Hominy Creek drainage, representative of pre-project conditions.
Location. 2090 U S Highway 70, Swannanoa. North Carolina 28778
Phone. [phone] FAX: [phone] Customer Service. 1-877-623-6748 One
Internet: www ncwaterquality org NNaturally
ortth C arrollii na
An Equal Opportunity'- Affirmative Action Employer
Scott Banks
May 27, 2009
Page 2 of '3
4. You must submit a final monitoring plan, which includes stream stability and vegetation success
criteria. The monitoring should be for minimum of 5 (five) years, on an annual basis, and
include both a"failure to meet success criteria" plan and an annual reporting component. You
should include the proposed two cross sections (specified in Part 3.2 of the plan) and the
longitudinal profile..
5. It should be noted, that if future development equals or exceeds 24% impervious surface, you
will be required to develop, submit for DWQ approval, and implement Stormwater Management
Plans. The stormwater management plan must include construction plans, specifications,
stormwater BMP worksheets, and supporting calculations. The stormwater best management
practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. Protective mechanisms which ensure that the above condition
will be complied with must be submitted.
Please provide your response in writing to the addresses below prior to June 29, 2009 or 30 days from receipt.
Four copies of the required information should be provided to the 401 Permitting Unit at:
Ms. Cyndi Karoly
401 Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
and a single copy to the Asheville Regional Office at:
Ms. Susan A. Wilson
Surface Water Protection Section
2090 US HWY 70
Swannanoa, NC 28778
If we do not hear from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn. However, timely resolution of the associated NOVs will still be
required through necessary stream restoration and sediment removal.
Scott Banks
Nlay 27, 2009
Page 3 of 3
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
water's or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Wilson at 828-296-4500, if you have any questions.
Sincerely,

Roger C. Edwards
Regional Office Supervisor
Surface Water Protection Section
cc: Ms. Liz Hair - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Buncombe County Planning
ARO File copy
G:\WPDATA\DEMWQ\Buncombe\Complaints\Banks-West\Banks Sardis Road addinfo 5 2009 doc
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