20200816 Ver 1_More Info Requested_20210518 (2)

Strickland, Bev
From: Yankura, Kaylie
Sent: Monday, August 10, 2020 12:53 PM
To: Joel Lenk; jeffjustus
Cc: Brown, David W CIV USARMY CESAW (USA); Leslie, Andrea J
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)]
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)]
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)]
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)]
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)]
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)]
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)]
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
EQ)
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
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appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
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