20201004 Ver 1_More Info Requested_20201002

Strickland, Bev
From: Yankura, Kaylie
Sent: Friday, October 2, 2020 1:38 PM
To: 'Matthew Fusco'; Sean Kline; Stephen Stimson
Cc: Shannon Slusher; Brown, David W CIV USARMY CESAW (USA); Leslie, Andrea J
Subject: RE: [External] Re: Request for Additional Information; Slusher — Sapphire Farm, DWR#
20201004
Mr. Fusco,
The Division is in receipt of your response to the September 11, 2020 Request for Additional Information, received
September 22, 2020.
The Division finds the response satisfactory, with the exception of item four, which pertains to the proposed instream
rock vane structure. Your response indicates that the structure was designed in accordance with consultation with local
experts and two publications. Although it's unclear what specific engineering criteria has been involved in the design
(e.g. considerations for high flow events, velocity, shear stress, etc.), I did reference the selected publications, in
particular:
Yochum, Steven E. 2018. Guidance for Stream Restoration. U.S. Department of Agriculture, Forest Service, National
Stream & Aquatic Ecology Center, Technical Note TN-102.4. Fort Collins, CO.
This publication provides guidance for stream restoration activities and provides a framework for the evaluation of
impaired streams and watersheds with regards to functional uplift. In determining areas appropriate for restoration, the
publication states:
"Potential impairments to consider when initially evaluating an impaired stream are wide ranging, including: excessive
bank erosion; channel straitening and incision; channel modification from multi -thread to single -thread form; discharge
modification by reservoir regulation, streamflow diversions, and urbanization; water quality impairments, from historic
or current mining, agricultural operations, industry, septic systems (etc.); lack of geomorphic complexity, such as deep
pools, width and bank variations, and large instream wood; insufficient riparian vegetation, for bank stabilization, cover,
shading, and energy input to streams; and excessive fine sediment." (Yochum, TN-102.4 Fort Collins, Colorado Guidance for
Stream Restoration, page 15).
The Division has a number of concerns regarding the proposed vane structure and pool:
1. From field observations, there is no evidence to suggest that the river associated with the proposed vane
structure is impaired, including the examples referenced above. Furthermore, there is no evidence to support
that the vane structure would serve a beneficial purpose, particularly in an area of a stream reach which is not in
need of restoration.
2. After review of the plans and installation proposal provided in your response, the Division is not confident that
the installation of the structure on bedrock could sustain high flow events. Destabilization of the structure would
likely result in downstream impacts.
3. If constructed, the Division is concerned that the excavation of the proposed cove and installation of the vane
structure will create a disequilibrium in the river system, which would likely result in the inability of the river
system to transport native bed material, resulting in deposition of sediment within the proposed cove area,
which would need to be maintained indefinitely resulting in potential secondary impacts.
The vane structure feature appears to serve an aesthetic and impounding function, versus a restoration function. Per
15A NCAC 02H .0506(b)(1) and (3), the Division cannot issue a 401 Water Quality Certification until it has been

demonstrated that all proposed impacts have been avoided and minimized and that the impacts will not result in
secondary impacts. The Division believes this impact can be avoided. Please provide additional information
demonstrating the need for this impact using the noted criteria above. If it is demonstrated that the proposed feature
cannot be avoided, please provide a shear stress analysis that demonstrates that the proposed rock vane structure and
cascading pools can withstand the 10 year storm event.
Thank you,
Kaylie Yankura
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankuraa-ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are
on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.
From: Matthew Fusco [maiIto: [e-mail]]
Sent: Wednesday, September 23, 2020 3:36 PM
To: Yankura, Kaylie <[e-mail]>; Sean Kline <[e-mail]>; Stephen Stimson
<[e-mail]>
Cc: Shannon Slusher <[e-mail]>; Brown, David W CIV USARMY CESAW (USA)
<[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: [External] Re: Request for Additional Information; Slusher— Sapphire Farm, DWR# 20201004
xternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
nc. ov
Kaylie,
Please find attached, at the link below, our response to your request for additional information for the Slusher -
Sapphire Farm Project. Revised sheets, updated the PCN tables, and our revised narrative are included as well.
Take a look and let us know if you have any additional questions.
https://www.dropbox.com/t/UGJk3YQIeILZ3wOC
Thank you!
Matt

P.O. Box 8013 1 Asheville, NC 28814 1 tel: [phone]
email: Matt@)FuscoLA.com 1web: www.FuscoLA.com
On Fri, Sep 11, 2020 at 11:23 AM Yankura, Kaylie <kaylie.yankura o,ncdenr.gov> wrote:
Mr. Fusco,
On August 4, 2020, 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 enumerate all proposed wetland and stream impacts on the site plan and clearly label all impacts
(Wetland/Stream Impact 1, etc.). The impacts on the site plan should correspond with those listed within the
PCN. [15A NCAC 02H .0502(a)]
2. Please verify the stream, wetland, and open water impacts listed within the PCN impact tables. The impact
totals provided in the cover letter narrative do not match those listed within the PCN. [ 15A NCAC 02H .0502(c)]
3. The project proposes 175 linear feet of streambank stabilization. The project application also proposes the
removal of 20 linear feet of culvert for stream daylighting associated with dam improvements. Please provide a
streambank stabilization plan and typical drawings for these activities. [15A NCAC 02H .0502 (c)] [15A
NCAC 02H .0506(b)(2) and (3)]
4. Please provide further clarification on how the proposed rock vane structure included within item "D" of
the application cover letter is to be installed and how permanent restrictions to streamflow and aquatic passage
will be avoided. [15A NCAC 02H .0502 (c)] [15A NCAC 02H .0506(b)(2) and (3)]
5. Please clarify if the proposed grade changes and inclusion of flashboard risers within item "E" of the
application cover letter are still requested. During a site visit conducted on September 8, 2020, it was indicated
that these components are no longer required. If these activities are still proposed, please provide an
explanation for why grade changes and flashboard risers are required and a plan for how this work will be
completed. [15A NCAC 02H .0502(c)]
6. The project proposes to perform restoration activities within 20.76 acres of wetland/bog complexes
onsite. Please clarify what the proposed restoration activities are and provide information on how these
activities are to be performed. [15A NCAC 02H .0502 (c)] [15A NCAC 02H .0506(b)(2) and (3)]

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.
Please contact me if you have any questions. You may provide your response via email or mail to the address
below.
Thank you,
Kaylie Yankura
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
828 296 4685 office
828 231 9634 mobile
kaylie.yankuraa-ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are
on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.