20061539 Ver 2_More Info Received_20120830

year a_ er
C1earWater Environmental Consultants, Inc.
August 28, 2012 www cwenv.com
Mr. Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Request for More Information
Grey Rock
Rutherford County, North Carolina
Action ID SAW- 2012 - 010- 01013; DWQ Project # 06 -1539 Ver. 2
Dear Mr. McMillan,
Please reference the letter dated August 1, 2012 (Attachment A) sent by the NC Division
of Water Quality (DWQ) in response to the permit application submitted by C1earWater
Environmental Consultants, Inc. (CEC), on behalf of the Grey Rock Community
Association represented by Mr. Casey Henderson. The permit application requested
written authorization for the impacts associated with development of the Grey Rock
residential subdivision and associated infrastructure. The comments provided by the
DWQ are listed and discussed below.
DWQ Comment # 1: "Please re- submit site plans on full plan sheets at a scale no smaller
than 1 " =50' with topographic contours shown."
Large plan sheets were submitted with the permit application. These plan sheets
were at 1" =100' and included topographic contours of the site. This scale has
been accepted by the DWQ in the past on sites with larger land area such as Grey
Rock. The applicant believes that the submitted drawings are at a scale which
shows sufficient detail for the DWQ to adequately review the project. The
applicant requests that the submitted plan sheets be accepted.
DWQ Comment #2: "Please locate all isolated or non - isolated wetlands, streams, and
other waters of the State as overlays on the site plans."
All jurisdictional waters on site are included on the plans submitted with the
permit application.
AUG 302012
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax

Mr. Ian McMillan
08.28.12
Page 2 of 5
DWQ Comment #3: "Please provide cross section details showing the provisions for
aquatic life passage."
Culverts will be installed in accordance with DWQ Certification 3890 (Condition
13) and any conditions imposed by the US Army Corps of Engineers (Corps).
These conditions include provisions for aquatic life passage. A typical cross
section has been included for review (Figure 1).
DWQ Comment #4: "Please indicate all wetland impacts including fill slopes on the site
plan."
The proposed project includes one wetland impact as a part of Impact #2. The
wetland is a total of 0.03 acre and impact of the entire wetland has been accounted
for in the permit application. Providing further detail for this crossing would not
yield any additional information pertinent to review of the application.
Per a telephone conversation with Ian McMillan on August 10, 2012, the above
information is sufficient to address this comment.
DWQ Comment #5: "Please provide a qualitative indirect and cumulative impact
analysis for the project."
The permit application included a Secondary and Cumulative Effects analysis for
the project site. The west gate of Grey Rock is approximately 14 miles from
Black Mountain and approximately 8.5 miles from Lake Lure. Grey Rock is
located in a rural area of Rutherford County which is not incorporated into a town
with zoning regulations. However, the property surrounding Grey Rock includes
other residential developments and single family homes. It is the opinion of CEC
that any goods and services needed by future residents of Grey Rock can be
obtained from nearby towns and this project will not result in additional
development.
Per a telephone conversation with Ian McMillan on August 10, 2012, the above
information is sufficient to address this comment.
DWQ Comment #6: "This office notes that all streams listed in the application are
classified as C,-Trout or are tributaries to C; Trout waters. Stormwater control BMP's
that address the requirements of this attribute shall be implemented. Please discuss this
requirement."
The applicant will abide by rules and regulation setforth by the DWQ and the NC
Division of Land Resources (DLR) in regards to pre- and post - construction
stormwater. The sediment and erosion control plan for the site will be reviewed
and approved by the DLR. The applicant will adhere to the 401 stormwater
requirements as indicated in Water Quality Certification 3890. Total impervious
surface area at the site will be approximately 3% and stormwater runoff from built

Mr. Ian McMillan
08.28.12
Page 3 of 5
upon areas will be transported primarily through vegetated conveyances which
classifies Grey Rock as "low density ".
DWQ Comment #7: "Please discuss which, if any, of the culverts identified for
replacement were originally installed under a forestry exemption."
There is an extensive logging road network on the site and culverts are pre-
existing. These culverts are visibly aged and in some cases have large trees
growing over them which validates their age. These culverts are only long
enough for one lane roads (as is indicative of forest roads) and were not
constructed to current standards for subdivision roads. The development was
designed in a way to utilize these existing roads and crossings to minimize
impacts at the site. On February 23, 2012, CEC met with Ms. Liz Hair and Mr.
Tyler Crumbly of the US Army Corps of Engineers for an on -site verification
meeting. The Corps agreed that logging road culverts on site are pre- existing and
use of these culverts would not constitute a new impact.
DWQ Comment #8: "Please note that as all waters are classified as Trout, construction
moratoriums should be in place (Oct 15 to Apr 15). "
The applicant received comments from the Wildlife Resources Commission
(WRC) in response to the Public Notice. The WRC indicated that the trout
moratorium would only apply to impacts associated with Impact #7 on the
submitted site plans. The applicant will adhere to the trout moratorium requested
in WRC's letter (Jan 1 — Apr 15) at Impact #7.
DWQ Comment #9: "This office notes that the registered agent is president of the HOA,
but the address in the application and on the Secretary of State website is the HOA
Management company. Please address this discrepancy."
The president of the Grey Rock Community Association, Mr. Casey Henderson,
receives all mail and correspondence related to Grey Rock through IPM, a
community association management company. The Rutherford County GIS
system lists the Grey Rock Community Association as the property owner of the
site. The post office box address listed on the GIS system (PO Box 580) is the
address for sending correspondence to IPM. IPM does not own Grey Rock or
have any stake in its development. IPM is a management company only and
manages 50+ community associations in western North Carolina. The Grey Rock
Community Association was granted development rights by the bankruptcy court
after Land Resources, LLC filed for bankruptcy in 2008.

Mr. Ian McMillan
08.28.12
Page 4 of 5
Upon further review of the application, CEC became aware of incorrect information
regarding the phasing of the project. The application states that Impacts 6, 8, 11, and 12
are to be completed in the first phases. The application should have stated that Impacts 6,
8, 10, and 11 are to be completed in the first phase. This change results in a change of +/-
1 linear foot in each phase; the total impacts for the project remain unchanged. Updated
impact tables are included below for clarification:
Phase 1 will include Impacts 6, 8, 10, and 11 (along with mitigation for Impacts
and 9). Permanent Phase 1 impacts are identified in the table below.
Impact
Existing Culvert
Length
Proposed Stream
Impact
Total New Stream
Impact
6
40
91
51
8
80
96
16
10
0
73
73
11
0
62
62
7
Total
60
202
Phase 2 will include Impacts 2, 3, 4, 5, 7, 12, and 13. Permanent Phase 2 impacts
are identified in the table below.
Impact
Existing Culvert
Length
Proposed Stream
Impact
Total New Stream
Impact
2*
40
48
8
3
20
55
35
4
60
72
12
5
50
88
38
7
40
60
20
12
0
72
72
13
0
80
80
Total
265
*Crossing #2 also includes 0.03 AC of wetland impact.
The applicant believes the information submitted in this package addresses all issues set
forth by the DWQ in their letter dated August 1, 2012. Should you have any questions or
comments concerning this project please do not hesitate to contact me at 828 - 698 -9800.
Sincerely,
- on &,w-
Rebekah L. Newton
Project Biologist
R. Clement Riddle, P.W.S.
Principal

Mr. Ian McMillan
08.28.12
Page 5 of 5
Cc: NC Division of Water Quality, Asheville — Tim Fox
US Army Corps of Engineers — Amanda Jones

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Attachment A
DWQ Request for Additional Information
(dated August 1, 2012)

-A® ph
AS NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E.
Governor Director
August 1, 2012
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Casey Henderson
Grey Rock Community Association
2602 Hendersonville Road
Arden, NC 28704
Dee Freeman
Secretary
DWQ Project # 06 -1539, Ver. 2
Rutherford and Buncombe Counties
Subject Property: Grey Rock
Ut to Buffalo Creek [030801, 9 -20, C, TR]
REQUEST FOR MORE INFORMATION
Dear Mr. Henderson:
On June 4, 2012, the Division of Water Quality (DWQ) received you application dated June 1,
2012, and Public Notice issued by the USACE on June 22, 2012, and received by the DWQ on
June 22, 2012, to permanently impact 0.03 acres of 404 /wetlands and 467 linear feet of stream,
to construct the proposed residential development known as Grey Rock at the site. The DWQ
has determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five copies of the additional information requested below, we will place this
project on hold as incomplete until we receive this additional information. If we do not receive
the requested information, your project will be formally returned as incomplete. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Please re- submit site plans on full plan sheets at a scale of no smaller than 1 " =50' with
topographic contours shown.
2. Please locate all isolated or non - isolated wetlands, streams, and other waters of the State as
------ Qmerlays_on the_site_,plans.
3. Please provide cross section details showing the provisions for aquatic life passage.
4. Pleas.-indicate all wetland impacts including fill slopes on the site plan.
5. Please provide a qualitative indirect and cumulative impact analysis for the project.

Grey Rock
Page 2 of 2
August 1, 2012
This Office notes that all streams listed in application are classified as C; Trout or are tributary to
C; Trout waters. Stormwater control BMP's that address the requirements of this attribute shall
be implemented. Please discuss this requirement.
Please discuss which, if any, of the culverts identified for replacement were originally installed
under a forestry exemption.
8. Please note that as all waters are classified as Trout, construction moratoriums should be in place
(Oct 15 to April 15).
N 030
9. This Office notes that the registered agent is president of the HOA, but the address in the
application and` &Sec`r'efary of State website is the HOA Management company. Please address
this discrepancy.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters 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. Karen Higgins (919- 807 -6360) or
Ian McMillan (919- 807 -6364) if you have any questions regarding this letter or would like to set
up a meeting to discuss this matter.
Sin. ly,
Karen Higgins, supervisor
Wetlands, Buffers, Stormwater,
Compliance and Permitting Unit
KAH/ijm
cc: Amanda Jones, U.S. Army Corps of Engineers - Asheville Regulatory Field Office
Tim Fox, DWQ Asheville Regional Office
File Copy
Clement Riddle, ClearWater Environmental Consultants, Inc., 224 South Grove Street, Suite F,
Hendersonville, NC 28792
Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Filename: 061539Ver2GrcyRock (Rutherford_Buncombe)On_Hold