20221154 Ver 1_More Info Requested_20221110

Moore, Andrew W
From: Moore, Andrew W
Sent: Thursday, November 10, 2022 3:59 PM
To: Eric Romaniszyn
Cc: [e-mail]; Leslie, Andrea J
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.
II. Would moving the crossing at S4 further downgradient allow for further minimization of impacts?
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.
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)]
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)]
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.
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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]
EE
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: Eric Romaniszyn <[e-mail]>
Sent: Friday, November 4, 2022 8:17 AM
To: Moore, Andrew W <[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)
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, Andrew.
The engineer has addressed your comments regarding the Legacy at Mills River project and attached are the revised
bulletins.
Comment #1. The design was revised to eliminate the S1 impact.
Comment #2. The design has been modified to include a bench; please see the revised detail D3.03.
Comment #3. We have reviewed the temporary impacts and believe they are appropriate for the size of stream and the
minimum trenching distance required.
Please contact me anytime if you have any further questions or concerns.
If you need any part of the application revised and resubmitted, I can take care of that right away.
Thank you.
Eric
Eric Romaniszyn
Senior Scientist
EnviroSciencelnc.com
2

"Excellence in Any Environment"
C. 865-406-1281
From: Moore, Andrew W <[e-mail]>
Sent: Thursday, October 27, 2022 11:52 AM
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)
Yes. Please provide a response by November 4tn
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.
From: Eric Romaniszyn <[e-mail]>
Sent: Thursday, October 27, 2022 11:12 AM
To: Moore, Andrew W <[e-mail]>
Cc: [e-mail]; Leslie, Andrea J <[e-mail]>
Subject: [External] RE: Request for Additional Information, Legacy at Mills River, Henderson County (DWR Project
#20221154)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Andrew,
The engineer is requesting until 11/4 to submit the updates. Can an extension be granted?
Eric
Eric Romaniszyn
Senior Scientist
EnviroSciencelnc.com
"Excellence in Any Environment"
C. 865-406-1281
3

From: Moore, Andrew W <[e-mail]>
Sent: Thursday, October 27, 2022 9:47 AM
To: Eric Romaniszyn <[e-mail]>
Cc: [e-mail]; Leslie, Andrea J <[e-mail]>
Subject: RE: Request for Additional Information, Legacy at Mills River, Henderson County (DWR Project #20221154)
Eric,
A response to the request below was due October 26, 2022. To my knowledge, the Division has not received a response.
Please provide an update regarding your intention to respond to the request and an anticipated date of response if
applicable.
Thank you,
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.
From: Moore, Andrew W
Sent: Monday, September 26, 2022 1:49 PM
To: Eric Romaniszyn <[e-mail]>
Cc: [e-mail]; Leslie, Andrea J <[e-mail]>
Subject: 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. 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 proposed site plan involves three culverted crossings of a single stream. The Division believes the site plan
could be reconfigured to avoid impacts S1 or S2. The Division sees at least two alternatives to the proposed site
layout in this area:
I. Connect the main entrance road at a point between S2 and S3 to the road associated with impact S4 and
eliminate S2.
II. Connect the main entrance road at a point between S2 and S3 to the road associated with impact S4 and
eliminate Si.
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Please revise the plans to avoid the impacts or provide a detailed explanation of why this plan for this activity
cannot be practically accomplished, reduced, or reconfigured to avoid impacts at S1 or S2. [15A NCAC 02H
.0506(b)(3)]
2. The dual culvert stream crossing detail (D3.03) does not adequately demonstrate that the stream will not be
over -widened as a result of the installation of two culverts. It appears the flood pipe will we installed at the
existing streambed elevation. No details were provided depicting the construction of floodplain benches, which
indicates the flood pipe will convey flow during base flow conditions.
If multiple pipes or barrels are proposed, they must be constructed so that base flow is restricted to one pipe.
The culverts may be installed at the same, or nearly the same, invert elevation if a floodplain bench is
constructed at the inlet and outlet to restrict flow to the flood pipe during elevated flows. For your reference, I
have attached two pictures depicting a double barrel culvert with inverts set at the same elevation and a
floodplain bench constructed at the inlet and outlet. Regardless of whether the culvert inlets are set at the same
elevation or not, or whether a sill is used, floodplain benches will be needed to restrict flow to the primary flow
culvert and/or prevent scour and degradation at the floodplain culvert inlet and outlet. The floodplain bench
may be constructed of appropriately sized rip rap that will remain immobile during storm flows. Please revise
and re -submit the details for D3.03 to meet these requirements. Cross-section and plan view details should be
provided. [15A NCAC 02H .0506(b)(3)]
3. The length of proposed temporary stream impacts associated with installation of the sanitary sewer appear
unrealistically low. Please review, confirm, and/or revise as necessary. [15A NCAC 02H .0502]
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 October 26, 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, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
D. E 0,4
NORTH CAROLINA
Department of Environmental Duality
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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