20210403 Ver 1_More Info Received_20220204

Moore, Andrew W
From: Britten Yant <[e-mail]>
Sent: Friday, February 4, 2022 4:27 PM
To: Fuemmeler, Amanda J CIV USARMY CESAW (USA)
Cc: Moore, Andrew W; Leslie, Andrea J
Subject: [External] RE: Request for Additional Information, Brooks Cove Road, Buncombe County
(DWR Project #20210403)
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Amanda,
Please see the additional information requested on 1/27/22 for the Brooks Cove Road project below:
"Wetland Impact 2 and 3: Please clarify how the remainder this wetland will not be hydrologically impacted since over
half of it will be filled and its hydrology will be directed to the storm water pond."
The wetland is in a low lying area and adjacent to an unnamed tributary to the Swannanoa River. It is our opinion that
the wetland will retain hydrology from groundwater and/or over bank flow from the stream.
"Stream Impact 1 crossing: Please provide clarification on the need for this crossing. It appears the development is small
enough and configured in a way that one entrance would suffice for safety/access concerns."
The Town of Black Mountain Fire Department required a second access during the planning board review process.
"Lots 23, 24 and 26 appear to show proposed parcel boundaries and building footprints encroaching into the stream
channel. Please modify to remove any building footprints from the stream channel and recommend removing parcel
boundaries to exclude any stream channel along with providing a buffer to prevent encroachment from these already
eroding meander bends into planned residential lots which increase the chance for channel instability, further erosion,
and inadvertent impacts for lot construction (short term and long term)."
There are no building footprints shown on the submitted impact plan. The dashed line inside the lot is a required
setback from the property line. The lots are the minimum size allowed. The project is located in Town of Black
Mountain which has a stream buffer setback that will prevent encroachment on the stream associated with individual
lots. The Town of Black Mountain will regulate this buffer during lot and building development.
"Lots 12-17 appear to show parcel boundaries and building footprints extending into Wetland 1. Same as above —
building footprints need to be removed from wetland areas and recommend removing parcel/lot boundaries entirely
from wetland."
There are no building footprints shown on the submitted impact plan. The dashed line inside the lot is the setback
from the property line. The lots are the minimum size allowed. The applicant has designed a retaining wall on
these lots 12-17 to avoid and minimize impacts to wetlands. Houses on lots 12-17 will be south of the retaining wall
and avoid all but 324 sq feet (0.007 ac). There will be no impacts to wetlands west of the retaining wall.
In addition to these comments, DWR recommended against the use of reinforced concrete pipe (RCP) for the stream
crossing as it is unlikely to hold stream substrate and provide for aquatic organism passage at the proposed slope. I
spoke with the engineers at CDC on this issue. Three considerations they need to account for is culvert availability from
i

the supplier, culvert longevity and culvert strength based on type. We propose replacing the two sections of concrete
pipe with HDPE pipe installed with flexi baffles to aid in holding stream substrate and to help provide for aquatic
organism passage. We can provide an updated detail sheet for this change if you would like. Please let us know if you
have any questions.
Thanks,
Britten Yant
Biologist
ClearWater
O. 828-698-9800 I C. 828-412-2848
From: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, January 27, 2022 3:21 PM
To: Britten Yant <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: FW: Request for Additional Information, Brooks Cove Road, Buncombe County (DWR Project #20210403)
Brit,
I'm going to be the contact (not Crystal) for this one. Please copy me on your response to DWR's comments as I share
those same concerns/questions in addition to those outlined below which should be addressed as well before we can
continue processing the application:
- Wetland Impact 2 and 3: Please clarify how the remainder this wetland will not be hydrologically impacted since over
half of it will be filled and its hydrology will be directed to the stormwater pond.
- Stream Impact 1 crossing: Please provide clarification on the need for this crossing. It appears the development is small
enough and configured in a way that one entrance would suffice for safety/access concerns.
- Lots 23, 24 and 26 appear to show proposed parcel boundaries and building footprints encroaching into the stream
channel. Please modify to remove any building footprints from the stream channel and recommend removing parcel
boundaries to exclude any stream channel along with providing a buffer to prevent encroachment from these already
eroding meander bends into planned residential lots which increase the chance for channel instability, further erosion,
and inadvertent impacts for lot construction (short term and long term).
- Lots 12-17 appear to show parcel boundaries and building footprints extending into Wetland 1. Same as above —
building footprints need to be removed from wetland areas and recommend removing parcel/lot boundaries entirely
from wetland.
- Please note that this request is for a Nationwide Permit #29 which appears to require an Individual Water Quality
Certification. We can not issue the 404 permit until the Individual Water Quality Certification is received.
Based on your response to the above request, we will review and determine if any additional information is necessary to
continue processing the application. Please contact me with any questions.
Amanda Jones
Asheville Regulatory Field Office
USACE
828-271-7980 ext. 4225
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From: Moore, Andrew W <[e-mail]>
Sent: Wednesday, January 26, 2022 1:54 PM
To: Britten Yant <[e-mail]>
Cc: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: [Non-DoD Source] Request for Additional Information, Brooks Cove Road, Buncombe County (DWR Project
#20210403)
Britten,
On January 13, 2022, 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 all of the following information is received:
1. The agent authorization form provided with the PCN is signed by a former property owner. Please provide an
agent authorization form signed by the project applicant. [15A NCAC 02H .0502(a)(11)]
2. The Division recommends against the use of reinforced concrete pipe (RCP) for the stream crossing as it is
unlikely to hold stream substrate and provide for aquatic organism passage at the proposed slope. Can the RCP
be replaced with corrugated pipe?
Please note if the RCP is used for the stream crossing and fails to hold stream substrate, the Division will require
the culvert be modified with a sill, or similar structure, to hold stream substrate. [15A NCAC 02H .0506(b)(3)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by February 25, 2022. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and appropriate fee.
Feel free to contact me if you have any questions.
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: Andrew.W.Moore(a�ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
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