20191432 Ver 1_More Info Received_20191203

Moore, Andrew W
From: Anna Priest <[e-mail]>
Sent: Tuesday, December 3, 2019 3:57 PM
To: Brown, David W CIV USARMY CESAW (US); Moore, Andrew W
Cc: Leslie, Andrea J
Subject: Re: [External] Request for Additional Information - Rivercane, SAW-2019-02073
Attachments: Revised Figures 6.1 & 6.3.pdf
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Mr. Brown and Mr. Moore,
Please find this email in response to your comments regarding the Rivercane PCN application that was
submitted by ClearWater Environmental Consultants, Inc. on behalf of Daniel Communities on October 17,
2019 (SAW-2019-02073). The comments provided by the US Army Corps of Engineers (USACE) and the NC
Division of Water Resources (NCDWR) are listed and discussed below.
USACE Comment No. 1:
The proposed volume of fill in waters of U.S. (WoUS) for stream impact S2 is 14.3 cubic yards. Please provide
the proposed volume of fill in WoUS for impacts S1 and S3.
The proposed volume of fill for impacts S1 and S3 is 0 cubic yards as these are temporary impacts included as
a precautionary measure for construction access during culvert installation if needed. Therefore, the total
volume of fill for stream impacts associated with the project is 14.3 cubic yards.
USACE Comment No. 2:
As proposed, the total permanent impacts to WoUS resulting in a loss of WoUS is 0.104 acres (0.09 acres of
wetlands + 0.014 acres of stream). Under NWP 18 the discharge will not cause the loss of more than 1/10 an
acre of WoUS. The proposed impacts to be authorized under NWP 18 do not meet the terms of this NWP. You
should redesign the project to meet the terms NWP 18 or withdraw this request and resubmit the project under
another NWP or resubmit the project under an Individual Permit.
Figures 6 that were submitted with the PCN application showed the impact (hatched area) at a 20 foot offset
from the last fill contour to give the contractor a buffer. However, this 20 foot offset was outside the limits of
disturbance (LOD) boundary that is associated with our erosion control permit. Therefore, the attached
Revised Figures 6.1 and 6.3 depict the impacted area to match the LOD line associated with the erosion
control permit. This modification has decreased the impacts to Waters of the US to below 0.1 acre. See the
revised Impact Tables below.
Revised Wetland Impact Table
Wetland
Permanent
Type of
Type of
Type of
Area of
Impact
or
Impact
Wetland
Forested
jurisdiction
Impact
Number
Temporary
(acres)

Bottomland
W1
P
Fill
Hardwood
Yes
Corps
0.0119
Forest
Bottomland
W2
P
Fill
Hardwood
Yes
Corps
0.0215
Forest
Bottomland
W3
P
Fill
Hardwood
Yes
Corps
0.016
Forest
Bottomland
W4
P
Fill
Hardwood
Yes
Corps
0.005
Forest
Bottomland
W5
P
Fill
Hardwood
Yes
Corps
0.0204
Forest
Total
Wetland
0.0748
Impacts
Total Permanent Impacts to Waters of the United States
Impacts
Acres
Wetland
0.0748
Stream
0.0149
Total
0.09
NCDWR Comment No. 1:
Please provide the Division a copy of your response to the Corps' November 6, 2019, request for additional
information (email below). [15A NCAC 02H .0502(c)]
Please see response above.
NCDWR Comment No. 2:
It appears that the stormwater outlet pipe could be re -aligned to discharge to an upland location above 51
thereby avoiding impacts to wetland W1. Please re -align the stormwater pipe outlet to avoid impacts to
wetland W1 or clearly explain why it cannot be re -aligned. [15A NCAC 02H .0506 (b)]
There are two existing stormwater pipes that outlet Wetland 1 on the existing property line and ultimately
discharge to Cane Creek. These pipes are located at the low point of the property and this is the only
discharge point to relieve treated stormwater from the site. Changing the discharge point is not advisable, but
if the discharge point were relocated to an adjacent area, the discharge would impact public pedestrian
trails/paths between our site and Cane Creek. This change would require permission and easements to
modify the storm pipes going beneath pedestrian paths and would present an increased opportunity for more
potential erosion and sediment loss into Cane Creek during construction and prior to final stabilization.
NCDWR Comment No. 3:

Can steeper side slopes be used to safely minimize impacts at stream impact location S2 (Stream S1 culvert)? If
so, please revise the site plan to reflect those changes and re -submit. If not, please explain why. [15A NCAC
02H.0506 (b)]
The side slopes for this impact are 2.5:1. Generally a 2:1 fill slope is achievable, however for this project
geotechnical recommendations advise that all fill slopes maintain a slope of 2.5:1 or less based on existing soil
conditions. The relaxed slopes will also allow for reduced risk in erosion into the stream. Implementing a wall
is not practicable due to financial implications as the walls are significantly more expensive than the proposed
fill slopes.
Please review the information provided and should you have any questions regarding this permit modification
request, please do not hesitate to contact me at 828-698-9800.
Thank you,
Anna Priest, PWS
C1earWater Environmental Consultants, Inc.
32 Clayton St
Asheville, NC 28801
828.698.9800 x 306 (please note change)
From: Moore, Andrew W <[e-mail]>
Sent: Wednesday, November 6, 2019 3:09 PM
To: Anna Priest <[e-mail]>
Cc: Brown, David W CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: RE: [External] Request for Additional Information - Rivercane, SAW-2019-02073
Anna,
On October 17, 2019, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. The Division has determined that your application is
incomplete and cannot be processed. The application is on hold until the following items are addressed:
1. Please provide the Division a copy of your response to the Corps' November 6, 2019, request for additional
information (email below). [15A NCAC 02H .0502(c)]
2. It appears that the stormwater outlet pipe could be re -aligned to discharge to an upland location above S1 thereby
avoiding impacts to wetland W1. Please re -align the stormwater pipe outlet to avoid impacts to wetland W1 or clearly
explain why it cannot be re -aligned. [15A NCAC 02H .0506 (b)]
3. Can steeper side slopes be used to safely minimize impacts at stream impact location S2 (Stream S1 culvert)? If so,
please revise the site plan to reflect those changes and re -submit. If not, please explain why. [15A NCAC 02H .0506 (b)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received, the Division will be unable to
approve the application and it will be returned.
Feel free to contact me if you have any questions or would like to discuss further.
Andrew W. Moore, PG
Environmental Specialist - Asheville Regional Office

Water Quality Regional Operations Section
NCDEQ - Division of Water Resources
828 296 4684 office
email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
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North Carolina Public Records Law and may be disclosed to third parties.
-----Original Message -----
From: Brown, David W CIV USARMY CESAW (US)[mailto:[e-mail]]
Sent: Wednesday, November 6, 2019 10:58 AM
To: Anna Priest <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>
Subject: [External] Request for Additional Information - Rivercane, SAW-2019-02073
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
ClearWater Environmental Consultants, Inc.
Asheville, NC 28801
Anna Priest,
The Corps has received (October 17) and reviewed the submitted Pre -Construction Notification (PCN) application and
supporting documents for the Rivercane industrial development project at 101 Mills Gap Road (PIN 9663-11-7979) in
Fletcher, Henderson County, NC. Coordinates are 35.43591 N, 82.48674 W. The PCN request utilization of Nationwide
Permits (NWP) 12 and 18 for authorization of 190 linear feet of proposed stream impacts and 0.09 acres of proposed
wetland impacts.
After review of the submitted PCN and supporting documents the Corps has the following comments and request for
additional information.
1) After review the submitted documents and project plans, the Corps can authorize proposed stream impact S4 under
NWP 12. All other proposed impacts may be authorized under NWP 18. The proposed volume of fill in waters of U.S.
(WoUS) for stream impact S2 is 14.3 cubic yards. Please provide the proposed volume of fill in WoUS for impacts S1 and
S3.
2) As proposed, the total permanent impacts to WoUS resulting in a loss of WoUS is 0.104 acres (0.09 acres of wetlands
+ 0.014 acres of stream). Under NWP 18 the discharge will not cause the loss of more than 1/10 an acre of WoUS. The
proposed impacts to be authorized under NWP 18 do not meet the terms of this NWP. You should redesign the project
to meet the terms NWP 18 or withdraw this request and resubmit the project under another NWP or resubmit the

project under an Individual Permit.
Please copy Andrew Moore with NC Department of Environment Quality, Division of Water Resources on your response
to this request. At this time, the request to utilize NWP 18 for authorization of impacts to WoUS for this project is on
hold until the above noted information is submitted. Once the Corps receives the information listed above we will be
able to continue to process your application. 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
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