20220160 Ver 1_More Info Requested_20220324

Annino, Amy M
From: Annino, Amy M
Sent: Thursday, March 24, 2022 3:30 PM
To: Jennifer Robertson; [e-mail]; Jacob Sinclair
Cc: David Brown ([e-mail]); Leslie, Andrea J; Aiken, Stan E; Walker,
Fred
Subject: RE: [External] RE: DWR 20220160 Norton Creek Silversteen Park - Additional
Information Request
Hi Jennifer,
Thank you for providing the add -info response on March 23, 2022. Please see the Division's additional questions and
comments below.
On January 25, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. On February 1, 2022, the Division received the required
fee. On March 9, 2022, the Division requested additional information, which was provided on March 23, 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. The Division would like to see a plan set that includes engineered drawings showing the 508 linear feet stream
restoration and the proposed in -stream structures, channel modifications, and streambank modifications. You
have provided a diagrammatic planform of the proposed restoration reach. The Division does not believe there
is enough detail to provide adequate direction for a contractor to interpret or follow.
For all proposed constructed wetlands, in -stream structures, channel modifications, and streambank
modifications: Provide engineered drawings that show the proposed longitudinal profiles and channel cross -
sections with dimensions including channel cross -sectional area, bottom width, top width, streambank slopes,
and channel depth. Size the channel appropriately to prevent future channel aegradation or degradation. [15A
NCAC 02H .0506 (b)]
You provided a narrative describing several methods to dewater the channel for the project. The Division
requests a construction sequence integrated into your engineered drawings to show how you will meet
condition II. 8 of Water Quality Certification 4249 and condition II. 8 of Water Quality Certification 4255.
Per condition II. 8 of Water Quality Certification 4249 and condition II. 8 of Water Quality Certification 4255, all
work in or adjacent to streams shall be constructed so that the flowing stream does not come in contact with
the disturbed area. Please provide a construction sequence, integrated into your engineered drawings, 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. Typically, there are temporary impacts associated with
dewatering a channel. Please ensure that the location of any temporary impacts are shown on the construction
drawings and clearly indicated in the impact table. [15A NCAC 02H .0506(b)(1) and 15A NCAC 02H .0502(a) and
(c)]
3. Thank you for providing information on the proposed streambank stabilization, which calls for the use of coir
matting, a temporary cover of Rye grass, and Ernst NC Riparian Seed Mix along the extent of the streambanks, as
well as a NC Mountains FACW Seed Mix in 3 areas. The Division strongly encourages the use of woody
vegetation, such as livestakes, to be installed along the streambanks for optimal long-term streambank
stabilization and project success.

4. Please provide greater detail as to the location and extent of Coir matting on your engineered drawing. The
Division is concerned that the description provided on sheet (submitted March 23, 2022) which states, "From
low flow channel to outer brown line" will not provide adequate direction for a contractor to interpret or follow.
Please be sure that the coir matting is applied to the streambanks in a manner that will provide optimal
streambank stabilization.
Please clarify the area labeled on the plan (submitted on January 25, 2022) as a "constructed wetland". Is this an
existing jurisdictional wetland feature that will be impacted during the restoration project? If it is, please provide
more detail as to any and all proposed temporary and/or permanent impacts that will occur to this feature. In
addition, the plan submitted on 3/23/2022 shows a total of 3 areas adjacent to the stream channel in lime green
color that will receive NC Mountain FACW Ernst Seed Mix. Are these existing or proposed wetland areas? If
proposed, please provide a detail showing how the constructed wetland(s) will be integrated adjacent to the
stream channel and into the stream bank in a manner that will result in a stable design. [15A NCAC 02H .0506
(b)]
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 April 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 the appropriate fee.
Amy Annino
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 4656 office
984 232 1222 mobile
amy.anninoa-ncdenr.gov
DE
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
on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.
From: Jennifer Robertson [mailto:[e-mail]]
Sent: Wednesday, March 23, 2022 5:43 PM
To: Annino, Amy M <[e-mail]>
Cc: David Brown ([e-mail]1) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Aiken, Stan E <[e-mail]>; Walker, Fred <[e-mail]>; Alvin
Fuller <[e-mail]>; Jacob Sinclair <[e-mail]>
Subject: [External] RE: DWR 20220160 Norton Creek Silversteen Park - Additional Information Request

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Amy,
Attached is our response to your items below.
Thank you,
Jennifer L Robertson, President
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] office
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
LAS
ENV[FfON MENTAL
From: Annino, Amy M <[e-mail]>
Sent: Wednesday, March 9, 2022 9:19 AM
To: Jennifer Robertson <[e-mail]>
Cc: David Brown ([e-mail]1) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; Aiken, Stan E <[e-mail]>; Walker, Fred <[e-mail]>
Subject: DWR 20220160 Norton Creek Silversteen Park - Additional Information Request
On January 25, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. On February 1, 2022, the Division received the required
fee. 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:
For all proposed in -stream structures, channel modifications, and streambank modifications: Provide the
proposed longitudinal slope and a proposed cross-section with dimensions including channel cross -sectional
area, bottom width, top width, streambank slopes, and channel depth. Provide justification for the proposed
channel dimensions based on reference reach information or stable dimensions upstream and downstream of
the impact area. Size the channel appropriately to prevent future channel aegradation or degradation. Show all
areas where the streambank will be graded to achieve a different slope. [15A NCAC 02H .0506 (b)]
Please show on the site plan the type, location, and extent of vegetation proposed to stabilize the streambanks
after restoration. Please call out specifically the use of coir matting on the plan set.
Per condition II. 8 of Water Quality Certification 4249 and condition II. 8 of Water Quality Certification 4255, all
work in or adjacent to streams shall be constructed 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)(1) and 15A NCAC 02H
.0502(a) and (c)]

4. Per condition II. 11 of Water Quality Certification 4249, placement of culverts and other structures in waters
and streams must be below the elevation of the streambed 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 or equal to 48
inches, to allow low flow passage of water and aquatic life. Provide justification if the proposed culvert
installations do not meet this condition. [15A NCAC 02H .0502(a) and (c)]
On February 25, 2022, the Division of Water Resources' Water Quality General Certification No. 4255 (see attached),
which corresponds to the USACE NWP 27, became effective. On February 25, 2022, the Division of Water Resources'
Water Quality General Certification No. 4249 (see attached), which corresponds to the USACE NWP 18, became
effective. These Certifications replace the previous Certification No. 4134 and No. 4139 and requires the addition of a
30-day electronic public notice period in accordance with 15A NCAC 02H .0503(b). This project will be on hold with DWR
until the public notice comment period ends on April 7, 2022.
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 April 11, 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 the appropriate fee.
Amy Annino
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 4656 office
984 232 1222 mobile
amy.anninoa-ncdenr.gov
Q�E
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
on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.
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