HomeMy WebLinkAbout20220398 Ver 1_Request for Withdrawal_202206031
Anderson, Mitchell L
From:Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Sent:Friday, June 3, 2022 10:31 AM
To:Anderson, Mitchell L
Cc:Boggs, Brandee C CIV USARMY CESAD (USA; Clement Riddle; Leslie, Andrea J
Subject:[External] RE: DWR 22-0398, Mitchell County School_ Request for Additional Information -DEADLINE:
JUNE 3, 2022
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Hello Mitchell,
Regarding our request below for project ID 22‐0398, we are withdrawing the application until the SWMP is complete, at
which time we will resubmit and pay the fee. I understand we will not need to submit a 30 day prefile request but please
advise if there are any additional steps we need to take. Thank you and I apologize for any inconvenience this may have
caused.
Eric
Eric Romaniszyn
Senior Scientist
EnviroScienceInc.com
“Excellence in Any Environment”
C. 865‐406‐1281
From: Eric Romaniszyn
Sent: Wednesday, June 1, 2022 3:55 PM
To: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: RE: DWR 22‐0398, Mitchell County School_ Request for Additional Information ‐DEADLINE: JUNE 3, 2022
Hello Mitchell,
Regarding our email exchange below, the client reports they have significant design decisions that are unresolved and
want to know if another 30 day extension to submit the SWMP is possible. It is due June 3.
Thank you,
Eric
Eric Romaniszyn
Senior Scientist
EnviroScienceInc.com
“Excellence in Any Environment”
C. 865‐406‐1281
2
From: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Sent: Friday, May 6, 2022 10:19 AM
To: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: DWR 22‐0398, Mitchell County School_ Request for Additional Information ‐DEADLINE: JUNE 3, 2022
Good morning Eric,
The initial addition information request sent on March 29, 2022 was not satisfied in the response received on April 26,
2022. The deadline for this initial request was April 28, 2022.
Item 1 of the requested information was not received. In lieu of the requested information, a request to approve the
certification with additional conditions was received. As a courtesy and in good faith, this office is extending the
response deadline to Friday, June 3, 2022.
Please ensure to notify this office if the requested information cannot be provided by the June 3, 2022 deadline.
If all of the requested information is not received by June 3, 2022, 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.
Do not hesitate to ask any questions regarding this email.
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@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Sent: Thursday, May 5, 2022 11:08 AM
3
To: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: RE: [External] RE: DWR 22‐0398, Mitchell County School_ Request for Additional Information
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Thank you, Mitchell. We will coordinate with the engineers to get the information you need asap. In the meantime,
please confirm we have another 30 days from May 4 to respond, which would be June 3.
Eric
Eric Romaniszyn
Senior Scientist
EnviroScienceInc.com
“Excellence in Any Environment”
C. 865‐406‐1281
From: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Sent: Wednesday, May 4, 2022 1:37 PM
To: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: RE: [External] RE: DWR 22‐0398, Mitchell County School_ Request for Additional Information
Hello Eric
The Division of Water Resources received your response on April 26, 2022 to the additional information request sent on
March 29, 2022.
The Division cannot fully evaluate secondary or cumulative impacts that cause or contribute to, or will cause or
contribute to, a violation of water quality standards without documentation that the project will not cause degradation
of downstream surface waters. Therefore, the 401 cannot be issued beforehand.
For the reasons listed above, the response received on April 26, 2022 does not satisfy the request for additional
information.
Please see the request for additional information below:
1. In order to ensure stormwater from the site does not result in secondary or cumulative impacts that cause or
contribute to, or will cause or contribute to, a violation of water quality standards, the project is required to
provide either:
a. A Completed Stormwater Management Plan, OR
b. The following items to document that the project will not cause degradation of downstream surface
waters:
4
i. A discussion on how the project will not cause degradation of downstream surface waters when
considering the volume and velocity of the increased flows and the current size/condition of the
receiving stream.
ii. Delineation of each drainage area and accompanying calculations to show that flows from every
discharge point will be non‐erosive to both the land surface and the receiving surface water
during the peak flow from the 10‐year storm event. You may refer to the guidelines from DEMLR
‐ Sedimentation and Erosion Control to determine an appropriate non‐erosive velocity. The
permissible velocities for erosion protection are under Appendix 8.05 (i.e. Chapter 8).
iii. Calculations to demonstrate that for any discharge points proposed to increase flow rate and
volume, the structural stability of the receiving surface water will not be compromised.
iv. Designed drawings (both aerial and profile views showing the actual designed dimensions) and
calculations of any proposed diffuse flow or detention systems and any vegetated conveyances
(if provided).
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 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.
Please contact Mitchell Anderson at 828‐296‐4662 or mitchell.anderson@ncdenr.gov if you have any questions or
concerns.
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@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
5
From: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Sent: Tuesday, April 26, 2022 9:30 AM
To: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: [External] RE: DWR 22‐0398, Mitchell County School_ Request for Additional Information
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good Morning Mitchell,
Please find our responses below in red. Certainly feel free to contact me anytime if you have any questions.
Thank you!
Eric
Eric Romaniszyn
Senior Scientist
EnviroScienceInc.com
“Excellence in Any Environment”
C. 865‐406‐1281
From: Anderson, Mitchell L
Sent: Tuesday, March 29, 2022 4:20 PM
To: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>
Subject: DWR 22‐0398, Mitchell County School_ Request for Additional Information
Subject: REQUEST FOR ADDITIONAL INFORMATION
Mitchell County School
Dear Mr. Riddle:
On March 15, 2022, the Division of Water Resources (Division) received your application requesting an Individual 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. In order to ensure stormwater from the site does not result in secondary or cumulative impacts that
cause or contribute to, or will cause or contribute to, a violation of water quality standards, the project
is required to provide either:
a. A Completed Stormwater Management Plan, OR
b. The following items to document that the project will not cause degradation of downstream
surface waters:
6
i. A discussion on how the project will not cause degradation of downstream surface
waters when considering the volume and velocity of the increased flows and the current
size/condition of the receiving stream.
ii. Delineation of each drainage area and accompanying calculations to show that flows
from every discharge point will be non‐erosive to both the land surface and the receiving
surface water during the peak flow from the 10‐year storm event. You may refer to the
guidelines from DEMLR ‐ Sedimentation and Erosion Control to determine an appropriate
non‐erosive velocity. The permissible velocities for erosion protection are under
Appendix 8.05 (i.e. Chapter 8).
iii. Calculations to demonstrate that for any discharge points proposed to increase flow rate
and volume, the structural stability of the receiving surface water will not be
compromised.
iv. Designed drawings (both aerial and profile views showing the actual designed
dimensions) and calculations of any proposed diffuse flow or detention systems and any
vegetated conveyances (if provided).
15A NCAC 02H .0506(b)(3)
We respectfully request a conditional approval of our client’s 401 certification application. Due to delays in the architect
creating the final building designs, the engineer can’t work on the SWMP until the building design is complete.
The building needs to be ready by the start of the 2023‐24 school year, so Mitchell County officials are anxious to be as
far along in the permit process as possible so they can start mass grading as soon as possible.
Therefore, the applicant requests 401 approval with the following conditions, which are similar to those granted for
other projects:
“1. The following impacts are hereby approved provided that all of the Conditions listed below and all of the conditions
of the applicable Water Quality General Certification, are met. No other impacts are approved, including incidental
impacts. Impacts associated with initial site grading may begin immediately provided that all conditions of the
applicable Water Quality General Certification are followed.
Type of Impact Amount Approved – Permanent Amount Approved – Temporary
Stream 0.0086 acres (77.6 linear feet) 0 acres
Wetland 0.098 acres 0 acres
2. A final, written stormwater management plan (SMP) shall be approved in writing by NCDEQ DEMLR before any
permanent building is constructed at the subject site. The stormwater facilities shall be constructed and operational, and
the SMP shall be implemented before the building is occupied. The structural stormwater practices as well as drainage
patterns must be maintained in perpetuity. No changes to the SMP or structural stormwater practices shall be made
without written authorization from NCDEQ – DWR. The stormwater management plan must include plans and
specifications for stormwater management facilities that are designed to protect water quality following the most recent
version of the NC DEQ Stormwater Best Management Practices Manual.”
2. Please show all proposed utilities resulting in stream or wetland impacts on your plan sheet (including
future proposed). If temporary impacts are required for the installation of utilities, provide a detail
showing how the stream and/or wetland will be restored/stabilized following utility installation. [15A
NCAC 02H .0506(b)(1)] .0502(a)(9)]
7
The utility crossings will occur at the entrance road (see attached plan sheet ‐ Water Sewer Utility Bulletin ‐ for
location). There would be no temporary impacts as the installations would be associated with the permanent impact
from the culvert installation (see attached impact map).
3. The revised impact table and plans, received by the Division on March 18, 2022, do not include any
temporary impacts associated with this project. If there are temporary impacts associated with this
project, provide a revised plan and impact table to include all temporary impacts associated with this
project. [15A NCAC 02H .0506 (b)(1) and (3)]
There would be no temporary impacts associated with this project. Utility crossings would be associated with the
permanent impact from the culvert installation (see attached impact map).
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.
Please contact Mitchell Anderson at 828‐296‐4662 or mitchell.anderson@ncdenr.gov if you have any questions or
concerns.
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@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Sent: Friday, March 18, 2022 9:33 AM
To: Moore, Andrew W <andrew.w.moore@ncdenr.gov>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
8
<clement@cwenv.com>; Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Subject: RE: [External] revised Mitchell Co Schools PCN
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Thank you Andrew!
Eric
Eric Romaniszyn
Senior Scientist
EnviroScienceInc.com
“Excellence in Any Environment”
C. 865‐406‐1281
From: Moore, Andrew W <andrew.w.moore@ncdenr.gov>
Sent: Friday, March 18, 2022 9:28 AM
To: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA) <Brandee.C.Boggs@usace.army.mil>; Clement Riddle
<clement@cwenv.com>; Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Subject: RE: [External] revised Mitchell Co Schools PCN
Eric,
I forwarded your email and attachments to Mitchell Anderson in our office who covers Mitchell County for the ARO 401
group.
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@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: Eric Romaniszyn <eromaniszyn@enviroscienceinc.com>
Sent: Friday, March 18, 2022 9:19 AM
To: Boggs, Brandee C CIV USARMY CESAD (USA) <Brandee.C.Boggs@usace.army.mil>; Wojoski, Paul A
<Paul.Wojoski@ncdenr.gov>
Cc: Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Hamstead, Byron A <byron_hamstead@fws.gov>; Moore, Andrew W
<andrew.w.moore@ncdenr.gov>; Clement Riddle <clement@cwenv.com>
Subject: [External] revised Mitchell Co Schools PCN
9
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Report Spam.
Hello Brandee and Paul,
Regarding our recently submitted Mitchell Co Schools PCN, a mapping error was discovered that requires an update to
the application.
Attached is the revised impact map to replace the figure found in Attachment B. You will note there is additional 12’ of
culvert at the planned entrance. It is needed to capture a small stream coming from off the property to the northeast.
Also, wetlands W2 and W3 have been merged into a single wetland WB, which is larger than in the original impact map.
The total wetland impacts increased from 0.084 to 0.098 acres, and the total stream impacts increased from 66 (0.006
ac) to 77.6 LF (0.0086 ac). Also attached are the PCN impact tables and Additional Comments (Attachment A) with
updated numbers.
Please let me know what other information you need and/or steps I need to take for these revisions. Thank you.
Thank you.
Eric
Eric Romaniszyn
Senior Scientist
145 7th Ave West, Suite B, Hendersonville, NC 28792; EnviroScienceInc.com
O. 828.698.9800 | C. 865.406.1281 | 24h Emergency: (888) 866‐8540
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