20211209 Ver 1_More Info Requested_20210910

Moore, Andrew W
From: Moore, Andrew W
Sent: Friday, September 10, 2021 10:09 AM
To: Britten Yant
Cc: Fuemmeler, Amanda J CIV (USA)
Subject: RE: [External] Ovata at Ascension AID 2019-00843
Britten,
Please copy me on your response to the Corps.
Thanks,
Andrew W. Moore, PG
Environmental Specialist II —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: And rew.W.Moore(aDncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
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From: Fuemmeler, Amanda J CIV (USA) <[e-mail]>
Sent: Thursday, September 9, 2021 12:46 PM
To: Britten Yant <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>
Subject: [External] Ovata at Ascension AID 2019-00843
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Brit,
I am reviewing this application and have some concerns/questions about avoidance, minimization, and mitigation for
this project (see below). Also, the circus of never-ending changes to the jurisdictional portion of our program continues.
If you want to keep this an AJD, you will need to do Rapanos forms and justify that the non -abutting wetlands do not
have significant nexus (and therefore non -jurisdictional) which we have to run through EPA. Or you can claim as
jurisdictional and convert the AJD to a PJD. Also, I am assuming these impacts will require an Individual Certification
from DWR since it is a NWP #29. If this is the case, then I can not issue the NWP #29 until the Individual Water Quality
Certification is received. As of right now, application is on hold either way.

If it's easier to schedule a call to discuss theses issues, then I have some time on Wednesday or Friday morning of next
week...
-can the building footprint/# of units reduced to avoid impacting 299 linear feet of perennial stream channel?
-It's also not clear based on the plans, why the entire length of channel needs to be pipe for the buildings shown —
please provide more detailed grading plans.
-also please address if stream relocation versus piping is an option
-The PCN does not include a compensatory mitigation plan. Regional conditions state that on a case -by -case mitigation
can be required for impacts to less than 0.02 acre of stream channel. Please submit NCSAM forms to clarify the quality
of the channel so that I can determine if mitigation will be required for proposed impacts.
Amanda Jones
Regulatory Specialist
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980 ext. 4225