20200816 Ver 1_More Info Received_20200903

Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • RESTORATION
SINCE 1959
September 3, 2020
Re: Request for Additional Information
Justus Development
1601 Old Spartanburg Rd.
Hendersonville, NC 28792
PIN: 9578510342
DWR # 20-0816
Kaylie,
90 Church St., Suite B
Black Mountain, NC 28711
Phone: [phone]
Web: quible.com
Engineering Services
Provided By:
8466 Caratoke Hwy Bldg 400
Powells Point, NC 27966
As requested in the referenced North Carolina Department of Environmental Quality (NC DEQ), Division
of Water Resources (NC DWR), Request for Additional Information (RFI), Quible & Associates, P.C.
(Quible), on behalf of its client Jeff Justus, provides the following responses and information. Each
response follows bold italicized items outlined in the RFI:
1. Please provide a site plan with proposed road, building, parking, stormwater control
features, and utility layout as an overlay including jurisdictional features. (15A NCAC
02H .0502(a)(9)j
Quible is actively developing a Major Civil Site Development Plan (Plan) for the City of Hendersonville
and Henderson County. That Plan will contain a sheet(s) that clearly portray the locations of roads,
buildings, parking, stormwater control measures, and utility layout as they relate to jurisdictional
features on the site. The Plan will be provided to NC DWR when complete as part of the requested 401
Water Quality Permit application.
2. Please provide more details regarding avoidance and minimization of stream impacts in
the design/layout of this project. This should include alternative designs and layout
evaluations. The Division cannot issue a certification until it is determined impacts to
surface water have been minimized and there are no practical alternatives to the
proposed discharge. (15A NCAC .0506(b)(1) and (2)j
The site is being developed as a commercial development and is located within the Extra Territorial
Town Jurisdiction of the City of Hendersonville (COH) where civil site development is encouraged to
occur. The site was historically used as residential/agricultural. The site has apparently endured
decades of water quality impacts resulting from poor agricultural and residential management practices,
including but not limited to; livestock in the stream, dredging and straightening of stream channels and
removal of riparian buffer. Additionally, the site contained large volumes of improperly disposed of
agricultural waste, household trash, and other solid waste. The site contained at least three abandoned
homesites and dilapidated agricultural buildings. Traditional culverts have been installed by others in
both stream channels upstream of the site for hundreds of feet. Some of these culverts have been
observed to be failing and causing sink holes, introducing sediment, nutrients, and potentially other
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pollutants. Downstream of the site stream channels have been observed to be denuded of native
vegetation, overly steep and are failing, which is contributing to additional sediment impacts. One of
our Client's goals is to improve land and water quality within and downstream of the site. A Soil Erosion
and Sediment Control Plan has been developed and approved by COH, Henderson County and NC DEQ-
Division of Energy, Mining and Land Resources and sediment and erosion control measures have been
installed at the site. A Stormwater Plan is being developed in concert with the Civil Site Development
Plan for the parcel. Once a 401 Water Quality Certification is received and the site can be permanently
stabilized, the tributary to Kings Creek will no longer endure ongoing water quality impacts and
discharges as it has in the past. The NC DWR is encouraged to survey the local community, COH and
County Staff regarding historic and current land and water quality at the site. Furthermore, the client in
consideration of DWR's comments about the development, has reduced the amount/lengths of
bottomless culvert proposed at the site by 140 feet to only what is needed to provide vehicular and
pedestrian access across streams. Floodplain bench installation will be extended to areas where
bottomless culvert will be removed. These efforts will not only minimize but will also restore areas
where bottomless culvert is not installed. The aforementioned information outlines how impacts to
surface water have and will continue to be minimized and improved.
3. The electronic submittal appears to indicate a wetland impact in the wetland table, which
may be a formatting issue with the form. Please confirm no wetland impact is proposed
or include the impact on the site plan. (15A NCAC 02H .0502(a)(6))
The apparent wetland impact in the wetland table is a "leftover" from a previous submittal. No wetland
impact is proposed.
4. Please provide a detailed engineering plan, profile view, and cross-section of all proposed
culverts. These drawings must include details regarding stream alignment in relation to
pipe alignment, pipe slope, pipe burial, and dissipater pad if applicable. (15A NCAC
02H .0506(b)(2) and (3))
A detailed engineering plan, profile view, and cross section of all proposed culverts including details
regarding stream alignment in relation to pipe alignment, pipe slope, pipe burial and dissipaters will be
provided to DWR with the Civil Site Development Plan for the site.
5. As indicated under Item C.3.g (Page 13) of the USACE PCN Complete Help File "The stream
impact length should be measured along the centerline of the stream. When proposing a
culvert, the impact length is generally greater than the length of the culvert and associated
dissipater since the existing stream usually has some sinuosity (curvature)." Please verify
the stream impact length as indicated on the PCN form. Please indicate if there are any
temporary impacts associated with culvert installation and/or the proposed pump around
apparatus. Permanent and temporary impacts should also be indicated on the PCN form.
(15A NCAC 02H .0502(a)(6))
Streams have been measured (surveyed by a NC Licensed Surveyor) along centerlines. As stated,
streams on the site have been straightened prior to current ownership by others. Revised stream
impacts length will be checked and provided with the Civil Site Development Plan and a revised PCN
form.
6. Per Condition 11.11 of GC4139, please provide details on how you are going to maintain
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the physical integrity of the stream above and below the culverts. This may be achieved
by installing floodplain benches. Your application indicates that floodplain benches will
be utilized and streambanks will be revegetated. Please submit details for the
construction of the bench and clearly call out specifications on the design
drawings/plans. A construction sequence and detail should be provided to ensure the
contractor is clear on construction of these benches. (15A NCAC 02H .0506(b)(2)j
Details, specifications, and a construction sequence describing how the physical integrity of stream
channels above and below culverts will be maintained using floodplain benches will be included in the
Civil Site Development Plan and provided to NC DWR.
7. The project proposes to install approximately 350 feet of bottomless culvert. The
Division cannot issue a certification of coverage for a proposed project until it is
determined the project will comply with state water quality standards, which include
designated uses, numeric criteria, narrative criteria, and the state's antidegradation
policy. Please demonstrate how the streams within the bottomless culvert will continue
to support their existing uses including aquatic life propagation, survival, and
maintenance of biological integrity. Please provide specific scientific research that
demonstrates existing aquatic organisms will continue to inhabit and propagate within
the bottomless culvert. Please note that the Division may only consider arch or
bottomless culverts to be in compliance with state water quality standards when used
as a road, driveway, or path crossing unless it can be demonstrated that the stream will
continue to support its existing uses. (15A NCAC 028.0200 and .0211 and 15A NCAC
02H .0506(b) j
The quantity of bottomless culverts has been reduced to only the amount needed to convey vehicular
and pedestrian traffic in a reasonable manner across streams at the site. The revised quantity has been
reduced from approximately 350 feet to 210 linear feet. Floodplain bench installation will be extended
to areas where bottomless culvert will be removed. Exact lengths and details will be provided in the
Civil Site Development Plan for the project. Because the use of bottomless culvert has been reduced to
only the amount needed for reasonable vehicular and pedestrian crossings and also because of the
other efforts and requirements that the owner has taken to improve land and water quality at the site,
Quible on behalf of our client, respectfully requests that numeric criteria and narrative criteria not be
required to receive a 401 Water Quality Certification for this project.
Qui • and . ur Client .. pre• iate the opportunity to provide the information, responses and requests
I free to contact me by phone or email regarding this matter.
el Lenk, P.G.
WNC Office Manager
Quible & Associates, P.C.
90 Church Street, Suite B
Black Mountain, NC 28711
t 828.280.8375
email: [e-mail]
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