20200816 Ver 1_More Info Requested_20210518

Strickland, Bev
From:
Sent:
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Cc:
Subject:
Joel Lenk <[e-mail]>
Wednesday, August 19, 2020 8:36 AM
Yankura, Kaylie; jeffjustus
Brown, David W CIV USARMY CESAW (USA); Leslie, Andrea J
[External] RE: Request for Additional Information - Justus Development, Henderson
County, DWR# 20200816
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Kaylie,
Thank you for your email. Please know that Quible and our client are committed to preserving and enhancing the
existing ecosystem and habitat at the subject site while at the same time developing it in accordance with local, state
and federal regulations.
I have reviewed the specific regulations you have cited as well as the chapters in which they are contained. We
understand that there have been recent changes to NC DWR regulations pertaining to surface water quality impacts. I
assume your/NC DWR comments below pertain to and cite the most recent regulations? We would like to confirm that
a 401 certification is required for the installation of 149 feet of traditional reinforced concrete culvert for which a 404
permit has been issued? We realize that the PCN for this project states that we wish to obtain an accompanying 401
Water Quality Certification (WQC), however if a 401 is not required we do not wish to obtain a state permit.
Furthermore, since there is no USACE/404 permit required for bottomless culverts, if impacts are kept outside of
USACE/NC DWR jurisdiction (outside the ordinary highwater mark/bankfull elevation) and the length of traditional
culvert is less than the NC DWR threshold required to obtain a WQC, can there be a 401 WQC if there is no Federal 404
Permit to accompany it?
Quible intends to provide the information you requested on behalf of our client as we collect it, it becomes available and
is required by NC DWR. Interim responses can be found below each item listed in your email below in bold italics.
Thank you,
Joel Lenk, P.G.
WNC Office Manager
Quible & Associates, P.C.
90 Church Street, Suite B
Black Mountain, NC 28711
t 828.280.8375
www.quible.com
go
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From: Yankura, Kaylie <[e-mail]>
Sent: Monday, August 10, 2020 12:53 PM
To: Joel Lenk <[e-mail]>; jeffjustus <[e-mail]>
Cc: Brown, David W CIV USARMY CESAW (USA) <[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: Request for Additional Information - Justus Development, Henderson County, DWR# 20200816
Mr. Lenk,
On June 19, 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 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).0502(g)]
The SESC Plan that has been submitted to City of Hendersonville (COH) and Henderson County (HC) is the only finalized
site plan available at this time. Development of the west corner of the Parcel (9578810342) as a car wash has been
approved by the client and a Major Commercial Site Development Plan (MCSDP) is in the planning and design
phase. Development of the remainder of the lot is not planned beyond the SESC/site stabilization phase currently. The
MCSDP will be provided once complete and will show jurisdictional features as requested. Additionally, the SESC Plan
Submitted to COH/HC shows the requested jurisdictional features and is attached.
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)]
If installation of bottomless culverts are kept outside of the jurisdictional extent of streams, and impacts from traditional
culverts are permitted through the Federal USACE 404 NWP process, and those impacts are below the NC DWR threshold
that requires a 401 WQC or there is no accompanying 404 permit can this information be required.
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)]
There is a formatting issue with the form and we are now aware that the form appears to retain information from past
projects for which it was used. We will print future PCN submittals to PDF file formats to avoid this issue. 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 will be included for the traditional culvert to be installed in association with the MCSDP for
the car wash. A detailed engineering plan for bottomless culverts, if constructed outside the area of NC DWR
jurisdiction, should not be required. Quible is available to meet with you on site, using appropriate PPE and safe
distancing guidelines, in order to mark/discuss the NC DWR area of jurisdiction.
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)]
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We understand that the stream impact length should be measured along the centerline and that impact length is
typically longer than the culvert length. Please understand that jurisdictional stream on this site has apparently
suffered years of impact, including straightening and dredging, prior to purchase of the property by our client. Stream
impacts resulting from culvert installation will be kept below 1501f.
6. Per Condition 11.11 of GC4139, please provide details on how you are going to maintain 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)]
Integrity of the stream above proposed culverts will be maintained by existing culverts, owned by others, that extend
upstream for substantial distances. A revised sheet(s) including details for the construction of floodplain benches that
clearly calls out specifications on the design drawings/plans will be submitted with the MCSDP for the car wash. A
construction sequence and detail will be provided and Quible will be available to be on site during construction of
floodplain benches to help ensure that the contractor is clear on construction of the benches.
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 02B .0200
and .0211 and 15A NCAC 02H .0506(b)]
Bottomless culverts will be used as roads, driveways and pedestrian path crossing for access to future development of
the lot from parking and public areas, adjacent lots, Spartanburg Highway, Old Spartanburg Rd., and Shepherd
St. Additional criteria and research can be provided if it is determined that the project degrades the designated use,
the actual use, existing use, or quality of the resource prior to and during its new ownership.
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.yankura©ncdenr.gov
irattfl)
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