20211837 Ver 1_More Info Requested_20220225

Moore, Andrew W
From: Moore, Andrew W
Sent: Friday, February 25, 2022 3:31 PM
To: Jennifer Robertson
Cc: Anderson, Mitchell L; Leslie, Andrea J; Brown, David W CIV USARMY CESAW (USA); Jesse
Hanlin
Subject: RE: [External] RE: Request for Additional Information - DWR 21-1837, The Cottages at
Roper Farm (Banner Farm Road)
Jennifer,
On December 20, 2021, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. Additional information in support of the project was
received February 16, 2022. 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. Please be aware that deed notifications or other legal language that clearly indicates to future owners that there
are jurisdictional features and that some lots may not be buildable as planned, or at all, without impacts that
may not be approved by the regulatory agencies will be a condition of the 401 Water Quality Certification. If you
have questions or concerns regarding this matter, please contact me at the number or email below. [15A NCAC
02H .0502]
2. The Division reviewed the On -Site Soil and Site Evaluation report prepared by Mountain Soils, Incorporated. The
report notes two soil units on the site as potential areas of wastewater disposal. However, no map was provided
with the report depicting the location of the soil units so the Division is unable to determine if the noted soil
units are found within the areas depicted as septic field area and potential septic field area on the Overall Site
Layout Plan (Sheet C-5). As noted in the report, surface waters require a 50-foot setback distance for tanks and
drainfields, which limits the area available for septic facilities in the area depicted as septic field area. As the
area noted as the septic field area is bound by streams and wetlands, it is still unclear if this area is adequate to
assimilate the wastewater from the proposed development. The Division cannot make a determination that
impacts have been avoided and minimized if it is unclear if the proposed development layout is feasible. Please
provide additional information that demonstrates the noted septic area will be adequate to assimilate the waste
from all 32 homes. [15A NCAC 02H .0506(b)(1)]
3. It is unclear how wastewater would be conveyed to the area noted as potential septic field area on Sheet C-5
without additional stream and wetland impacts and/or some type of pump system. Please provide a plan
depicting how wastewater will be conveyed to both septic field areas. Include any pump/lift stations that may
be required. [15A NCAC 02H .0502(a)(9)]
4. Stream crossings #1 and #2 involve double reinforced concrete pipe. As multiple pipes are proposed, they
should be designed to mimic the natural stream cross section as closely as possible including pipes at floodplain
elevation, construction of floodplain benches, and/or sills where appropriate. Widening the stream channel
should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
Please provide construction details for stream crossings #1 and #2 depicting the culvert cross -sections including
details regarding the heights at which each culvert inlet and outlet will be set as well as construction of these
benches. [15A NCAC 02H .0506(b)(3)]
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5. The proposed lot layout requires four separate culverted crossings of a single stream. Please provide more
details regarding avoidance and minimization of impacts S3, S4, S5, and S6. This should include alternative
designs and layouts of the lots in this area of stream CH 200. [15A NCAC 02H .0506(b)(1)]
6. It appears that stream impact S7 could be avoided by providing a maintenance access road for the septic on the
north side of lot 4 rather than the south side. Please revise the plans to avoid the impact or provide a detailed
explanation of why this plan for the activity cannot be practically reconfigured. [15A NCAC 02H .0506(b)(1)]
7. No engineering plan, profile view, or cross-section was provided for stream impacts S3, S4, S5, S6, or S7. Please
provide a cross-section for these culverts showing the proposed burial depth. In addition, why is 30 feet of
impact needed for stream crossings to lots 30, 31, 32 and for the maintenance access road and 25 feet needed
to lot 29 when typical driveway crossings and maintenance road crossings can be achieved with a 20-foot culvert
at sites with similar relief? It appears that these impacts could be minimized, particularly considering the two-
way site roads within the development are only 20 feet wide. [15A NCAC 02H .0506(b)(1)]
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 respond in writing within 30 calendar days. If all of the requested
information is not received within 30 calendar days of receipt of this letter, 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 the appropriate fee. Please be aware that you have no
authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the
state may be a violation of North Carolina General Statutes and Administrative Code.
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(c�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.
From: Jennifer Robertson <[e-mail]>
Sent: Wednesday, February 16, 2022 1:37 PM
To: Anderson, Mitchell L <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>; Leslie, Andrea J <[e-mail]>; Brown, David
W CIV USARMY CESAW (USA) <[e-mail]>; Jesse Hanlin <[e-mail]>
Subject: [External] RE: Request for Additional Information - DWR 21-1837, The Cottages at Roper Farm (Banner Farm
Road)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
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Mitchell,
Attached are the construction plans, soils report, revised impact exhibit, and revised PCN. Jesse does not
think that the sewer permit has been issued yet (the developer is handling that) however the attached soils
report findings support 32 3-4 bedroom homes. The post construction stormwater plans have been reviewed
by Mills River and they only had minor comments including requiring copies of the stream crossing
approvals. Mills River will approve the plan once the 404 and 401 are obtained.
Please let me know if you need anything else.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atlasenvi.com
Offices in Asheville and Charlotte
From: Anderson, Mitchell L <[e-mail]>
Sent: Tuesday, February 15, 2022 4:47 PM
To: Jennifer Robertson <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>; Leslie, Andrea J <[e-mail]>; Brown, David
W CIV USARMY CESAW (USA) <[e-mail]>
Subject: Request for Additional Information - DWR 21-1837, The Cottages at Roper Farm (Banner Farm Road)
Hello Ms. Robertson,
I regret not getting this request to you sooner. Your application was mistakenly forwarded to the wrong reginal office.
However, this application has recently been received in the correct regional office and is currently under review. Please
see the request for additional information below.
On December 20, 2021, 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. Have the septic field area and potential septic field areas been permitted to accept wastewater from all the
residences within the development? [15A NCAC 02H .0502(a)]
2. The development is within a Phase II and water supply watershed. Therefore, a review of post -construction
stormwater management should be reviewed by the local water supply watershed coordinator, regardless of
the percentage of built upon area. Please confirm with Henderson County that they will be reviewing the post -
construction stormwater plan for the development. [15A NCAC 02H .0506(b)(1)]
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3. 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. Culverts must be placed below the elevation of the stream bed by one foot for all culverts
with a diameter greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter
less than 48 inches. [15A NCAC 02H .0502(a)(9)]
4. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with
the disturbed area. Therefore, dewatering methods will be necessary to temporarily dewater the stream
channel during pipe installation. Please provide a construction sequence that details the method of dewatering
to be utilized at the site and the sequence of construction events to be followed to ensure compliance with this
condition. In addition, please ensure that the location of the temporary impacts are shown on the construction
drawings and clearly indicated in the revised impact table. [15A NCAC 02H .0506(b)(3) and (c)(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 respond in writing within 30 calendar days. If all of the requested
information is not received within 30 calendar days of receipt of this letter, 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 the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any
work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code.
Thank you,
Mitchell Anderson
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
828-296-4662 office
mitchell.anderson(a�ncdenr.gov
-1—ETiE
c,..to."Jd Drilmv\smel."4°
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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