20221154 Ver 1_More Info Received_20221209

Moore, Andrew W
From: Eric Romaniszyn <[e-mail]>
Sent: Friday, December 9, 2022 3:15 PM
To: Moore, Andrew W
Cc: [e-mail]; Leslie, Andrea J; Clement Riddle; Tyson Kurtz
Subject: [External] Request for Additional Information, Legacy at Mills River, Henderson County (DWR Project
#20221154)
Attachments: 22160 USACE REVISIONS 2022-12-07.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Hello Andrew,
Please find below (in blue and attached) the additional information your requested for the Legacy at Mills River project.
Since the responses have been spread over several emails, I have compiled them into this one email for your
convenience. Certainly, feel free to contact me anytime if you have any further questions or concerns. Thank you.
Eric
Eric Romaniszyn
Senior Scientist
CLearWater
An EnviroScience Company .
145 7th Ave West, Suite B, Hendersonville, NC 28792; EnviroSciencelnc.com
O. 828.698.9800 I C. 865.406.1281 1 24h Emergency: [phone]
OHITNIVAIWVINCI
From: Moore, Andrew W <[e-mail]>
Sent: Thursday, December 1, 2022 4:09 PM
To: Eric Romaniszyn <[e-mail]>
Cc: [e-mail]; Leslie, Andrea J <[e-mail]>
Subject: RE: [External] FW: Request for Additional Information, Legacy at Mills River, Henderson County (DWR Project
#20221154)
Eric,
Regarding the request below, the Division's reasonable period of time to review this project is nearing its end. Please
provide a response to the request below by December 9, 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.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
1

NORTH CAROLINA - \
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Moore, Andrew W <[e-mail]>
Sent: Thursday, November 10, 2022 3:59 PM
To: Eric Romaniszyn <[e-mail]>
Cc: [e-mail]; Leslie, Andrea J <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information, Legacy at Mills River, Henderson County (DWR Project
#20221154)
Eric,
On August 24, 2022, 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
November 4, 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 appreciates the applicant's elimination of impact S1. However, the Division's recommendation to
remove the impact at S1 was an avoidance and minimization measure. It appears that the elimination of S1
resulted in the quadrupling of stream impacts at S4 (29 feet to 127 feet), thereby resulting in a net increase in
proposed stream impacts of 57 feet. Please address the following questions and/or comments regarding the
revised impact at S4:
I. The design finished grade elevation at S4 increased by approximately 14 feet (2128 to 2142) between
the original proposal and the revised submittal. Based on the figures provided, it's difficult to determine
why this additional grade is necessary. Can the proposed grade be reduced to minimize impacts at this
location? If not, please explain why.
The straightened road alignment provides the most direct connection to the house site proposed east of S4. The
straightened road now crosses the stream channel at a higher elevation where the valley slope is steeper,
leading to the need for increased finish elevation to make a suitable road crossing. The finish grade elevation
was determined based on road design standards and cannot be practicably reduced.
II. Would moving the crossing at S4 further downgradient allow for further minimization of impacts?
Moving the road crossing downslope would lead to excessive grading efforts, poor radius of curvature road
design, and change to home site lot location that would detract value. That option is not practicable for this
project. Removing impact S1, per your comments, resulted in the need for the changes to S4 as shown on the
current site plan (attached).
The original submittal included impacts at sites S1 - 40 LF / 0.006 Ac and S4 - 29 LF / 0.001 Ac. As currently
shown, S4 is 66 LF / 0.003 Ac. That is a net decrease of 0.004 acres of stream bed loss and 0.008 Ac of wetland
fill was avoided. Additionally Impact S4 is proposed near the origin of an intermittent stream channel whereas
S1 was proposed to a 6-7 foot wide reach of perennial stream that drains directly to the Mills River. Removing
the crossing at S1 results in the need to make impact S4 larger but is at a location that is less detrimental to the
water quality in the local watershed, a minimization effort.
2

III. Why were the proposed retaining walls removed in the revised S4 impact? Please include the retaining
walls at this location to further minimize the impact.
Please see the attached revised bulletins. The overview and Impact site S4 bulletins have been updated to show
15 foot headwalls on the culvert proposed at impact site S4. This minimization design reduces impact from 100
LF (0.0046 acres) to 66 LF (0.0030 acre) when compared to the previous submittal. Revising the design to
shorten the culvert length even more would results in excessively high headwalls that would come with
significant increases to construction cost, additional guard rails, and safety concerns.
The Division cannot issue a Water Quality Certification until it is determined that project impacts have been
avoided and minimized to the maximum extent practicable while still allowing the applicant to achieve their
project purpose. The Division believes there are additional opportunities for avoidance and minimization within
the project area beyond the revised submission. For instance, if the revised impact at S4 cannot be further
reduced, the greatest minimization of impacts may be achieved by including the crossing at S1, eliminating the
crossing at S4, and keeping the road to the four houses east of S4 as depicted in the revised layout. Please
evaluate all noted alternatives, consider other alternatives, and propose the alternative that minimizes the
impacts. [15A NCAC 02H .0506(b)(1)]
Project impacts to wetlands and streams have been avoided and minimized to the maximum extent practicable
while achieving the project purpose.
2. Please provide a plan view detail of the proposed floodplain benches associated with the dual culvert stream
crossing at impact location S3. Benches should be constructed at both the inlet and outlet of the culvert and tie
into grade. [15A NCAC 02H .0506 (b)(3)]
Please see the attached revised bulletins. Bench details have been revised and plan view added.
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 December 9, 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.
I am available to discuss any of these questions further with you, or the project engineer, if that would be helpful.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
E
NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
3

NOp1'H
0 300
PERMANENT WETLAND IMPACT
W4 0.0177 AC (FILL)
PERMANENT WETLAND IMPACT
W3 0.0663 AC (FILL)
TEMPORARY STREAM IMPACT
S6 3.93 LF/0.0004 AC
(SEWER TRENCH)
TEMPORARY STREAM IMPACT
S7 2.02 LF/0.0002 AC
(SEWER TRENCH)
TEMPORARY WETLAND IMPACT
W5 0.0011 AC (SEWER TRENCH)
SUMMARY
SITE ACREAGE
TOTAL WETLANDS
TOTAL STREAMS
PREVIOUSLY PERMITTED STREAM IMPACT
TOTAL PERMANENT WETLAND IMPACT
TOTAL PERMANENT STREAM IMPACT
TOTAL TEMPORARY WETLAND IMPACT
TOTAL TEMPORARY STREAM IMPACT
187.8 ACRES
1.457 ACRES
1.112 ACRES (9026 LF)
0.0059 ACRES (64 LF)
0.0900 ACRES
0.0155 ACRES (212.11 LF)
0.0011 ACRES
0.0016 ACRES (16.00 LF)
TEMPORARY STREAM IMPACT
S8 7.14 LF/0.0007 AC
(SEWER TRENCH)
TEMPORARY STREAM IMPACT
S5 2.91 LF/0.0003 AC
(SEWER TRENCH)
PERMANENT STREAM IMPACT
S4 66.41 LF/0.0030 AC
(SINGLE 30" HDPE PIPE CULVERT)
PROPERTY LINE (TYP)
EXISTING STREAM BUFFER (TYP)
EXISTING STREAM (TYP)
PERMANENT STREAM IMPACT
S2 45.78 LF/0.0026 AC
(SINGLE 42" HDPE PIPE CULVERT)
EXISTING WETLANDS (TYP)
PERMANENT WETLAND IMPACT
W2 - 0.0060 AC (FILL)
PERMANENT STREAM IMPACT
S3 35.92 LF/0.0040 AC
(DOUBLE 60" HDPE PIPE CULVERT)
PREVIOUSLY PERMITTED AREA:
ACTION ID # SAW-2008-02909
64 LF/0.0059 AC
LEGACY
MASTER PLAN BULLETIN
DECEMBER 2022

NOp11-I
0 30
//
/ / \ \ \
\ \
/
PROPOSED 20'
PRIVATE ROAD
EXISTING 30' STREAM
BUFFER (TYP)
EXISTING STREAM (TYP)
�i—\
\J�
1 \
66,
8S
PERMANENT STREAM IMPACT
S2 45.78 LF/0.0026 AC (CULVERT)
\NCBELS #: C4184
N
EXISTING 2'
CONTOURS " W W
Wr W W W W
W W 1W W
PROPOSED 2' CONTOURS W \ W W
W W \ W W
W W W
W W
W W W
INSTALL TEMPORARY SANDBAG WALL FOR STREAM
DIVERSION DURING HEADWALL AND BYPASS PIPE
INSTALLATION (SEE DETAIL D3.02)
PROPOSED BYPASS PIPE
(SEE DETAIL D3.02)
PROPOSED PIPE CULVERT
DIVERTING EXISTING STREAM.
PIPE INVERT TO BE BURIED 8.4"
BELOW STREAM BED
(CONTRACTOR TO FOLLOW
REQUIREMENTS OF USACE &
NCDEQ)
PROPOSED 42" HDPE
PIPE (SEE DETAIL D3.01)
PROPOSED CONCRETE HEADWALL
(SEE DETAIL 838.28)
j1 4/ l 1
W W W
// / A W
W WW W W W
/ /e W W W W W W W
�W W
EXISTING WETLANDS (TYP)
�W W W W W W W W W Wes' W W
4\ W W W W
W W W W W
W W
\ L W W W
PROPOSED WATER
LINE (TYP)
Civil
Design
Concepts, PA
2100— 2100
FINISHED GRADE
34LF-42" RCP © —1.1%
2090-
2080-
2070—
2090
EXISTING GRADE
2080
2070
0
0
a
2060 2060
o ao
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o 0
CULVERT 3
U
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0
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N O. I,
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00
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LEGACY
STREAM "S2" IMPACT BULLETIN
J U LY 2022

NOp1H
0 30
CONTRACTOR TO INSTALL
FLOODPLAIN BENCH AND RIP
RAP TO REDIRECT STREAM TO
CULVERT SET AT BASE
ELEVATION (SEE DETAIL D3.03)
PROPOSED FLOODPLAIN
BENCH (SEE DETAIL D3.03)
PROPOSED WATER
LINE (TYP)
PROPOSED 20'
PRIVATE ROAD
PERMANENT WETLAND IMPACT
W2 — 0.0060 AC (FILL)
PROPOSED PIPE CULVERT
DIVERTING EXISTING STREAM.
PIPE INVERT TO BE BURIED 12"
BELOW STREAM BED
(CONTRACTOR TO FOLLOW
REQUIREMENTS OF USACE &
NCDEQ)
-# 184
Civil
Design
Concepts, PA
\ \`
\
EXISTING STREAM (TYP)
EXISTING WETLANDS (TYP)
INSTALL TEMPORARY SANDBAG WALL FOR STREAM
DIVERSION DURING HEADWALL AND BYPASS PIPE
INSTALLATION (SEE DETAIL D3.02)
PROPOSED BYPASS PIPE
(SEE DETAIL D3.02)
PERMANENT STREAM IMPACT
S3 35.92 LF/0.0040 AC (CULVERT)
PROPOSED DOUBLE 60" HDPE PIPES
(SEE DETAIL D3.03)
PROPOSED CONCRETE HEADWALL
(SEE DETAIL 838.28)
PROPOSED FLOODPLAIN
BENCH (SEE DETAIL D3.03)
( (
\
\ \\ \ )\ \ /�\\ \\
\ \ \
\ \ \ \N \ \
\\ \ 1\ \ \\ \\
\Y.
2090-
208
2070
2090
FINISHED GRADE
31LF-60" HDPE © 1.3%
2080
EXISTING GRADE
2060--
2050
0
0
0
0
0
Q
CO
F- N
> N
J �
U N
( us
N N 0
+N
00
z
1-0>
MHz
0)
0
CULVERT A
2070
2060
2050
LEGACY
STREAM "S3" IMPACT BULLETIN
NOVEMBER 2022

N0p1H
0 30
EXISTING STREAM (TYP)
EXISTING 30' STREAM
BUFFER (TYP)
7
N
///
\ ----7 7 c /// /
\ \ 7 /
V A \ ///�
�, \ �\ 7� /z.//
/ /
\ \\ )I I /i /// /
co \� \\ \ �I//j/
\ vv v\ � \.///
\ 1 I I //i
/ / I////
/
/i //
//
TEMPORARY STREAM IMPACT
S5 2.91 LF/0.0003 AC
(SEWER TRENCH) (SEE DETAIL D3.04)
PROPOSED 30" HDPE
PIPE (SEE DETAIL D3.01)
THE 30—INCH HDPE PIPE SHALL BE
WRAPPED IN FILTER CLOTH. THE PIPE
INVERT IS TO BE FITTED WITH "FLEXI
r BAFFLE" CULVERT BAFFLES BY S.
SCOTT AND ASSOCIATES, OR
APPROVED EQUAL, AND INSTALLED
PER MANUFACTURER'S STANDARDS.
THE BAFFLES SHALL BE INSTALLED AT
8—FOOT SPACING AND NO CLOSER
THAN 4 FEET TO A PIPE JOINT OR
END. THE BAFFLES ARE TO BE
ATTACHED TO THE HDPE INVERT
BETWEEN THE CORRUGATIONS WHERE
THE FULL WALL THICKNESS IS
PRESENT.
r9
PROPOSED WATER
LINE (TYP)
\ / /
it / // 1/ j
/ //////
/ /7 /
///
C'
Desi
Co
NCBEL-`
s, PA
/
i
PROPOSED 8" PVC
SEWER LINE (TYP)
4
/
i
his
EXISTING 2' CONTOURS
PROPOSED 2' CONTOURS
to,
INSTALL TEMPORARY SANDBAG WALL FOR STREAM
DIVERSION DURING HEADWALL AND BYPASS PIPE
INSTALLATION (SEE DETAIL D3.02)
PERMANENT STREAM IMPACT
S4 66.41 LF/0.0030 AC (CULVERT)
PROPOSED RETAINING WALL
(DESIGN BY OTHERS) (TYP)
PROPOSED BYPASS PIPE
(SEE DETAIL D3.02)
/
/
/
7
7
/
7
2140
2130
2120
211
210
0
0
0
FINISHED GRADE
2140
EXISTING GRADE
—2120
—2110
2100
CULVERT 3
LEGACY
STREAM "S4" IMPACT BULLETIN
DECEMBER 2022

N0p11-I
0 30
N
EXISTING WETLAND (TYP)
NCBELS #: C-2184
i
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v-/ vN /v \
•—/
\
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\ N
PERMANENT WETLAND IMPACT
W4 0.0177 AC (FILL)
\V \ vv v \vy�\�N
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PROPOSED 8" PVC
\ V 1 \ \ GVS\ \ SEWER LINE (TYP)
\ \ \ \ \
\\ \ \\ \\ \\\ \\\ \\ \
\ 7 \ \
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PROPOSED SCM
Se
Di _Dess ign
Concepts, PA
TEMPORARY STREAM IMPACT
S6 3.93 LF/0.0004 AC
(SEWER TRENCH)
(SEE DETAIL D3.04)
\ ) \
\ \
\ \
s \\\
•
EXISTING STREAM (TYP)
EXISTING 30' STREAM
BUFFER (TYP)
\ 8S
r•
PERMANENT WETLAND IMPACT
W3 0.0663 AC (FILL)
W W
W \ = W
W \ W W W W W W
W W W W W W
W W W W W
MHC1-2
PERMANENT RETAINING WALL
(DESIGN BY OTHERS)
TEMPORARY STREAM IMPACT
S7 2.02 LF/0.0002 AC
(SEWER TRENCH)
(SEE DETAIL D3.04)
TEMPORARY WETLAND IMPACT
W5 0.0011 AC (SEWER TRENCH)
(SEE DETAIL D3.05)
co
LEGACY
WETLAND "W3" & "W4" IMPACT BULLETIN
J U LY 2022

CIRCULAR CULVERT
WATER SURFACE
STREAMBED MATERIAL
SEE NOTES BELOW
MIN COVER
(SEE TRENCH DETAIL)
INITIAL BACKFILL
(COMPACTED TO 98%
OF STANDARD PROCTOR)
HAUNCH
(COMPACTED TO 98%
OF STANDARD PROCTOR)
SUITABLE FOUNDATION
NOTES:
1. CULVERTS GREATER THAN 60" IN DIAMETER SHALL BE BURIED AT LEAST ONE FOOT
BELOW THE BED OF THE STREAM
2. CULVERTS 60" IN DIAMETER OR LESS SHALL BE BURIED 20% OF THE TOTAL DIAMETER
BELOW THE BED OF THE STREAM
Civil
Design
Concepts, PA
NCBELS #: C-2184
STREAM CULVERT
NOT TO SCALE
Dewatering Device
or dirt/sediment bag)
Flow
Discharge Pump
Into Velocity
Dissipater
Discharge Hose
Dewatering Pump
(as needed)
Work Area
Sandbag/Stone Barrier
Discharge Hose
Work Area
Length Not To Exceed
That Which Can Be
Completed In One Day
Flow
Intake
Hose
Sump —hole
Or Pool
12" Min Depth
2' Min Diameter
Diversion Pump
Base Flow + 1 Foot
(2 Foot Minimum)
Cross Section Of Sandbag/Stone Diversion
SECTION A —A
PUMP AROUND / DEWATERING
PLAN VIEW DETAIL
NOT TO SCALE
LEGACY
STREAM IMPACT DETAILS
JULY 2022

12" OR 20% OF PIPE DIA BELOW STREAM BED
}
D3.03
Egelpts,
PA
NCBELS #: C-2184
STREAM CHANNEL
O_
CLASS 2 RIP RIP RAP
DUAL CULVERT STREAM CROSSING
CROSS SECTION
NOT TO SCALE
FLOODPLAIN BENCH/
BACKFILL ELEVATION ±1'
FLOOD CULVERT ELEVATION
ma
2'-1 Vie"
10y6"
T2 OR T3 TOP & BOTTOM
TWO PIPES 8'-9"
2'-11,1M"
I TWO
I PIPES
8 -6 I THREE 3
PIPES
PLAN
T4
3- N2
17'-6" TWO PIPES
26'-0" THREE PIPES
2-V1 @ 1'-6" N
/f
j STR. FACE
2 B7
B
I 1411A1
MIN
' AL710
CONST. JT. r I P_B3 2-B1 4-N1
T5 @ 6" TOP & BOTTOM
5 SPA. @ 11"
Z" BARS IN
TOP OF FOOTING
Z1
Z2
5"
Z3
5 SPA. @ 11" "N" BARS
IN BOTTOM OF FOOTING
2-G2 OR G3
2-VI @ 9" FILL FACE
1-V1 STR. FACE
2-B2
31.'t "-.11
H1 J 5'-5"
H2 3'-5"
"H" BARS
4-N1
B
ELEVATION
z z
JNN
"N" BARS
Z1
Z2
Z3
3'-9„
3'-3"
2'-8"
3" 0 DRAINS
6" ABOVE
FLOW LINE
2-"G"
m
V1 @ 1'-4"
@ WING WALL
6 "T"
2 SPA. @ 1'-101�'1" STR.
FACE 2-H1, 1-H2
3 SPA. @ 1'-3" FILL
FACE 3-H1, 1-H2
7,,
7,,
rrZ� S
"H", "N", & "Z" BAR DIMENSIONS ARE OUT TO OUT.
N
T4
3-N1
5 SPA. @ 11'
SEE STD. # 838.45 FOR GENERAL NOTES
10"
tV
81 L
FILL FACE
V1 @ 9"
@ WING WALL
PIPE NOT
B„ SHOWN
T5 @ 6"
SECTION - BB
5 SPA. @ 11" FILL
FACE 2-V2, 2-V3, 2-V4
2 SPA. @ 1 -10
STR. FACE
1-V2, 1-V3, 1-V4
WING ELEVATION
i0
Ell [-
SECTION - AA
BILL OF MATERIAL FOR ENOWALL
REINF. STEEL
2 PIPES
9 PIPES
BAR
SIZE
LENGTH
NO.
MIK
NO.
IFIGR
B1
#4
5'-6„
8
29
12
44
B2
#4
4'-6"
4
12
4
12
B3
#4
6'-6"
4
17
8
35
G2
#7
17'-2"
2
70
G3
#7
25'-8"
2
105
H1
#4
s'-o"
10
40
10
40
H2
#4
4'-0"
4
11
4
11
N1
#4
3,-11"
14
57
18
74
N2
#4
6
14
6
14
T1
#4
21'-2"
6
85
T2
#4
29'-8"
6
119
T4
#4
5'-6"
6
22
6
22
T5
#4
2'-6„
70
117
104
174
V1
#4
6'-3"
12
50
18
75
V2
#4
5,-1„
6
20
6
20
ROADWAY STANDARD DRAWING FOR
V3
#4
3'-11"
8
16
6
16
V4
#4
2,-9„
6
11
6
11
Z1
#5
4'-4"
4
18
4
18
Z2
#4
3'-10"
4
10
4
10
Z3
#4
3 2"
4
8
4
8
REINF. STEEL LBS.
X
607
X
808
SHEET 1 OF 2
CON./R.C. CU. YDS
7.9
99
838.28
LEGACY
STREAM IMPACT DETAILS
NOVEMBER 2022

NOTE: MATTING SHALL BE COIR FIBER, 750
GRAM PER SQ. METER WITH NOMINAL 0.50 IN.
OPENING SIZE.
ANCHOR MATTING
IN 8" TRENCH
1' MIN.
MATTING PLACED FLUSH WITH BANK SURFACE,
LAP OVER DOWNSTREAM/DOWN SLOPE SEAMS
SMOOTH SURFACE, REMOVE ALL
DEBRIS AND SEED/MULCH BEFORE
PLACING MATTING
MATTING ANCHORED
12" WOOD STAKE PLACED IN
3' O.C. DIAMOND PATTERN
1' BELOW STREAM BED
III
III
STREAM BED
III III
EXTEND MATTING A MIN. OF
DEPTH VAR16S BELOW STREAM BED.
PROPOSED UTILITY
PIPE LINE
TEMPORARY STREAM CROSSING
Civil
Design
Concepts, PA
NCBELS #: C-2184
CROSS SECTION
NOT TO SCALE
4U` MAX
Temporary A.
Excavation
D3.05
i i
I 1 i
; i, , ,
i All
J ++i
1 I342O' ±
1& L
8" DIF SEWER LINE
RESTORE EXCAVATED WETLAND SOIL TO PRE-EXISTING CONTOURS
AFTER INSTALATION. SEED WITH NATIVE WETLAND SEED MIX
(ERNMX-305) AND STABILIZE WITH STRAW OR COIR MATTING.
TYPICAL CROSS SECTION - UTILITY LINE THROUGH WETLAND
N.T.S
LEGACY
STREAM IMPACT DETAILS
NOVEMBER 2022