20180612 Ver 2_More Information Received_20200506

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 2
20180612
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:* Winston-Salem Regional Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
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mandatory questions are answered.
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More Information Response
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For the Record Only (Courtesy Copy)
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Stream or Buffer Appeal
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do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
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you have and ID# and version for this response.
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Project Contact Information
Name: Alea Tuttle
Vft is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20180612 2
20170001(no dashes)
Project Name: Western Carolina University 2014 Master Plan Improvements
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
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County (ies)
Jackson
Please upload all files that need to be submited.
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Response to 2.17.2020 request for Addl Info.pdf 1.87MB
Only pdf or Iv17 files are accepted.

Describe the attachments:
Response to 2.12.2020 Request for Additional Information
Sign and Submit
P By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the online form."
Signature:
Submittal Date: Is filled in auto ratically.

CLearWater
C1earWater Environmental Consultants, Inc.
www.cwenv corn
May 4, 2020
Mr. Paul Wojoski
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Western Carolina University 2014 Master Plan Improvements
USACE Action ID 2015-00263
NC DWQ Project No. 20180612
Jackson County, NC
Dear Mr. Wojoski,
Please reference the comments in response to the Permit Modification Request sent by the Division
of Water Resources (DWR) on February 17, 2020. Comments are included for review (Attachment
A). The DWR has several comments regarding the proposed project. The comments are discussed
below:
DWR Comment 1: "Please provide a signed authorization form. If the application is not signed
by the owner/applicant, please provide an agent authorization form. "
A signed agent authorization form is included in Attachment B.
DWR Comment 2: "If the U.S. Army Corps of Engineers requests a response to any comments
received as a result of the Public Notice, please provide the Division with a copy of your response
to the USA CE. "
Clearwater Environmental Consultants will copy DWR on any response to Public Notice
comments sent to the U.S. Army Corps of Engineers.
DWR Comment 3: "Since the project areas are not within the permitting authority of the State
DEMLR's Stormwater Program (or any other delegated local programs), our 401 & Buffer
Permitting Unit will be responsible for reviewing the proposed stormwater management plan that
is proposing for the new parking area. Please provide a completed Stormwater Management Plan
including all appropriate supplemental forms, O&M agreements, calculations, drawings, etc., that
complies with the requirements of the State Stormwater Program. "
32 Clayton Street
Asheville, NC 28801
828-698-600 Tel

Western Carolina Master Plan Improvements
Permit Modification - Response to Comments
May 4, 2020
Page 2 of 3
The Stormwater Management Plan was submitted on March 18, 2020 to Chonticha
McDaniel for review, and additional information was submitted on April 8, 2020.
DWR Comment 4: "Issuance of a water quality certification for a proposed project requires the
Division to determine that the project will not result in the degradation of surface waters and does
not result in cumulative impacts that cause or will cause a violation of downstream water quality
standards. On June 19, 2019, July 31, 2019. November 4, 2019 and January 21, 2020, the
University and Zimmer Development Company, LLCfor the WCUMillennial Campus Apartments
project which also drains to the same portion of Cullowhee Creek as this project will. On
November 6, 2019 the Division is concerned that a second land disturbing activity directly
adjacent to a portion of Cullowhee Creek that is currently impacted from upstream activities under
unresolved Notice of Violations would place the stream under risk for cumulative effects which
would have the potential to result in degradation of water quality standards. Please provide an
overview of the current status of resolution of the violations noted on the WCUMillennial Campus
Apartments project, and an overview of the sediment and erosion control measures you plan to
implement on this proposed project to ensure water quality protection during precipitation
events. "
Regarding the ongoing violations at the Millennial Campus Apartment (MCA) project and
your request for more information, please allow this to serve as an overall summary.
The land is owned by the State of North Carolina and its department, Western Carolina
University, however the project is being fully funded by a private developer through a
public private partnership. The private developer has been given a long-term lease. Aside
from being the underlying landowner, Western Carolina University is not directly involved
in the MCA project.
As of April 29, 2020 the MCA project has a Notice of Violation issued by Land Quality as
well as Notices of Violation issued by Water Resources. Erosion control measures have
been installed per plan and appear to be functioning as intended. The outstanding Notice
of Violation issued by Land Quality is related to maintenance that is required for erosion
control measures. These required maintenance items do not appear to be impacting the
functioning of erosion control measures yet. The latest Notice of Violation issued by Water
Resources documented turbid water in the eastern tributary and in Long Branch. The
turbidity in Long Branch appears to have been caused by soil that was tracked off -site.
This is being addressed with more frequent street cleaning. The turbidity in the eastern
tributary appears to have been caused by soil tracked onto Dr. Killian Road and an
unprotected soil stockpile. The stockpile has since been removed and operations adjusted
to prevent the use of Dr. Killian Road for material storage.
The work associated with the Western Carolina University 2014 Master Plan
Improvements Modification is not likely to contribute to turbidity in Cullowhee Creek for
a variety of reasons, but primarily because of the extremely flat terrain of the project site.

Western Carolina Master Plan Improvements
Permit Modification - Response to Comments
May 4, 2020
Page 3 of 3
The average natural slope of the project area is approximately 1 percent which will increase
the amount of sediment that would settle out of runoff should any turbid runoff escape the
project site. Additionally, erosion control measures will be designed for the 25-year storm
in accordance with watershed regulations. Lastly, it is worth noting that Western Carolina
University has had an ongoing project in this area which consists of importing fill for future
use in athletic field construction as well as an ongoing archaeological dig. This project has
been ongoing since September 2019 and has 4.5 acres of permitted disturbance. During
this same timeframe, the MCA project's third violation occurred as a result of a storm on
October 30-31, 2019. The MCA contractor recorded 2-inches of rain on October 30 and
5-inches of rain on October 31, 2019. There was no off -site sedimentation at Western
Carolina University's project along Cullowhee Creek during these or any of the other
recent rainfall events.
The applicant believes the information in this package addresses all issues set forth by the NCDWR
in the letter dated February 17, 2020. Should you have any questions or comments concerning this
project please don't hesitate to contact me at 828-698-9800.
Sincerely,
4�
Alea K. Tuttle P.W.S.
Project Biologist
cc: David Brown, USACE
R. C ement Riddle, P. S
Principal
List of Attachments:
Attachment A: NC Division of Water Resources letter dated February 17, 2020
Attachment B: Agent Authorization Form

Attachment A: NC Division of Water Resources letter dated February 17, 2020

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Western Carolina University
Attn: Mr. Joe Walker
3476 Old Cullowhee Rd
Cullowhee, NC 28723
NORTH CAROLINA
Environmental Quality
February 17, 2020
DWR # 20180612 v2
Jackson County
Subject: REQUEST FOR ADDITIONAL INFORMATION
Western Carolina University 2014 Master Plan Improvements Modification
Dear Mr. Walker:
On January 10, 2020, the Division of Water Resources — Water Quality Programs (Division) received your
application requesting a 401 Individual Water Quality Certification from the Division for your project.
The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. Please provide a signed application form. If the application is not signed by the owner/
applicant, please provide an agent authorization letter delegating signature authority. [15A
NCAC 02H .0506(f)j
2. If the U.S. Army Corps of Engineers requests a response to any comments received as a result of
the Public Notice, please provide the Division with a copy of your response to the USAGE. [15A
NCAC 02H .0502(c)]
Since the project areas are not within the permitting authority of the State DEMLR's Stormwater
Program (or any other delegated local programs), our 401 & Buffer Permitting Unit will be
responsible for reviewing the proposed stormwater management plan that is proposed for the
new parking area. Please provide a completed Stormwater Management Plan including all
appropriate supplemental forms, 0&M agreements, calculations, drawings, etc., that complies
with the requirements of the State Stormwater Program. The Stormwater Design Manual and
applicable forms may be found on the DEMLR's website at
htt s: de .nc. ov about divisions ener -mineral-land-resources ener -mineral-land ermit-
guidance/stormwater-bmo-manual. Please also submit the application form SWU-101
(attached), however, the last two signature pages of this form may be omitted. The SMP
package should be mailed to our 401 Stormwater Engineer, Chonticha McDaniel at the address
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617
crtuxr'u
919.707.9000

Western Carolina University
DWR#20180612 v2
Request for Additional information
Page 2 of 3
listed below and if there are any questions regarding the SMP, please feel free to contact her
directly at [phone] or [e-mail]. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
Ilia 1IGPC
ATTN-. Chonticha McDaniel (DWR-401&Buffer Permitting)
1617 Mail Service Center, Raleigh, North Carolina, 27699-1617
Via other carriers Fedex UPS etc.
ATfN: Chonticha McDaniel (DWR-401&Buffer Permitting)
512 N. Salisbury St, 9tn Floor, Raleigh, North Carolina, 27604
4. Issuance of a water quality certification for a proposed project requires the Division to
determine that the project will not result in the degradation of surface waters and does not
result in cumulative impacts that cause or will cause a violation of downstream water quality
standards. On June 19, 2019, July 31, 2019, November 4, 2019, and January 21, 2020, the
Division issued a Notice of Violation for stream standard violations to Western Carolina
University and Zimmer Development Company, LLC for the WCU Millennial Campus Apartments
project, which also drains to the same portion of Cullowhee Creek as this project will. On
November 6, 2019, the Division issued an Assessment of Civil Penalties to Western Carolina
University and Zimmer Development Company, LLC for the WCU Millennial Campus Apartments
project. The Division is concerned that a second land disturbing activity directly adjacent to a
portion of Cullowhee Creek that is currently impacted from upstream activities under
unresolved Notice of Violations would place the stream under risk for cumulative effects which
would have the potential to result in degradation of water quality standards. Please provide an
overview of the current status of resolution of the violations noted on the WCU Millennial
Campus Apartments project, and an overview of the sediment and erosion control measures
you plan to implement on this proposed project to ensure water quality protection during
precipitation events. [15A NCAC 02B .0506(3) and (4)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish aIf of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https.//edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
if all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.

Western Carolina University
DWR#20180612 v2
Request for Additional Information
Page 3 of 3
Please be aware that you have no authorization under the Water Quality Certification Rules for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Sue Homewood at 336-776-9693 or Sue. Homewood @ncdenr. ov if you have any
questions or concerns.
Sincerely,
/,�L
-) �
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants (via email)
David Brown, USAGE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, USFS (via email)
DW R ARO 401 files
DWR 401 & Buffer Permitting Unit

Attachment B: Agent Authorization Form

CLearWaLer
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: L�iC�S?CA& L1o�A )-FY
Property Owner Address: 31476"' OZ-O CLALL06,0114-k 14
Gu,a-ow Nl--4� titG 2 9-723
Phone Number: (?2 g) ' 27 - -722 24
Email address: GJG Lx - �
Property Location: G C.c LLO G�] /�� �J C•
Owner/Managing partner Signature: l�C/
Owner/Managing printed name: %SAL JJ�-� , PG
Date:
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.cwenv.com