20190875 Ver 2_More Info Requested_20230119

Moore, Andrew W
From: Moore, Andrew W
Sent: Thursday, January 19, 2023 10:33 AM
To: Tyson Kurtz
Cc: Davis, Brooke A CIV SAW
Subject: RE: [External] SAW-2019-00485 Haywood Estates
Tyson,
Haywood Park Estates, LLC is listed as the project owner on the PCN. Haywood Park Estates, LLC is not a registered
corporation in North Carolina. However, Haywood Park, LLC is a registered corporation in North Carolina with Luis Graef
listed as the manager and the same contact addresses as listed on the PCN. Haywood Park, LLC is also listed on the agent
authorization form.
Can you confirm Haywood Park, LLC is the owner/applicant of the subject project? If not, please provide documentation
that Haywood Park Estates, LLC is registered in North Carolina per 15A NCAC 02H .0502(a)(3).
Thanks,
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
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: Tyson Kurtz <[e-mail]>
Sent: Wednesday, January 18, 2023 2:32 PM
To: Moore, Andrew W <[e-mail]>
Cc: Davis, Brooke A CIV SAW <[e-mail]>
Subject: RE: [External] SAW-2019-00485 Haywood Estates
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Andrew and Brooke,
The water line crossing the central stream (Impact S1 — UT to Mill Pond Creek) was moved downstream, closer to Hwy
191 per request from the City of Hendersonville. Revised Figures 5.0-5.2 are attached. Impact Site S1 was changed from
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23 LF / 0.003 Ac to 27 LF / 0.003 Ac due to the streams alignment at the new crossing location. Page 4 from the PCN is
also attached with the updated impact quantities for S1.
Please see the responses to DWR's questions below:
1. Please copy the Division on your response to the Corps questions below. [15A NCAC 02.0506(b)(1)]
a. NC DWR was copied on the Corps response and the Corps will be copied on this response.
2. Please provide a map that shows building envelopes for all lots with streams or wetlands as well as all
stormwater control measures. [15A NCAC 02H .0502]
a. The email dated December 14, 2022 sent in response to the USACE's request for additional information
addressed the building envelope component. The attached grading, drainage, and erosion control plans
show the location of all proposed stormwater control measures. The project also holds a watershed
(stormwater permit) from Henderson County for low -density development stormwater management
(see attached).
3. It appears stream impact 51 could be avoided by connecting the water line along the southern access road
directly to the water main along Haywood Road. Please revise the plans to avoid this impact or explain why it
cannot be practically avoided. [15A NCAC 02H .0506(b)(2)]
a. Avoidance of Impact S1 is not practicable for several reasons:
i. The existing water line that comes across Hwy 191 (running parallel with Haywood Park Drive —
the existing road inside the project site) was bored beneath Haywood Rd and tied into an
existing water main several years ago. Since then, an expansion of Hwy 191 has occurred which
has placed the existing water main in the Hwy-191 travel lane. This would require an open cut
of the road and because of the road's average daily traffic, a road closure is not advisable by
NCDOT.
ii. The existing water main is under -sized and is getting relocated in NCDOT project R-2588B. This
relocation is anticipated to occur in the next 12-24 months. Due to this relocation, the City of
Hendersonville will not allow us to tie onto the existing line at the intersection of the
second/proposed access road, as suggested.
iii. As a request of the City of Hendersonville, the proposed water line has been relocated closer to
Hwy 191. This proposed utility area is parallel and consistent with the utility easement
proposed by NCDOT in project R-2588B. This temporary impact is occurring almost directly
adjacent to where NCDOT is proposing to realign a portion of the existing reference stream.
The applicant believes these responses and attachments provides the requested information for this project. Feel free to
let me know if you have any additional questions or troubles with the attached files (-12 MB total).
Thank you,
Tyson Kurtz
Biologist
0: 828-698-9800 ext. 302 I C: 610-310-8744
From: Moore, Andrew W <[e-mail]>
Sent: Wednesday, December 07, 2022 4:01 PM
To: Tyson Kurtz <[e-mail]>
Cc: Davis, Brooke A CIV SAW <[e-mail]>
Subject: RE: [External] SAW-2019-00485 Haywood Estates
Tyson,
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On November 28, 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. Please copy the Division on your response to the Corps questions below. [15A NCAC 02 .0506(b)(1)]
2. Please provide a map that shows building envelopes for all lots with streams or wetlands as well as all
stormwater control measures. [15A NCAC 02H .0502]
3. It appears stream impact S1 could be avoided by connecting the water line along the southern access road
directly to the water main along Haywood Road. Please revise the plans to avoid this impact or explain why it
cannot be practically avoided. [15A NCAC 02H .0506(b)(2)]
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 January 6, 2023. 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]
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: Davis, Brooke A CIV SAW <[e-mail]>
Sent: Wednesday, November 30, 2022 2:50 PM
To: Tyson Kurtz <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>
Subject: [External] SAW-2019-00485 Haywood Estates
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Tyson,
I am going through the submittal and have the following questions/comments:
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1. It appears that no avoidance and minimization measures have been taken into account with regard to the
wetlands onsite. You stated that the development design has not changed since the original submittal;
however, the onsite wetlands have. Please advise.
2. Please explain why the access roads cannot be shifted to avoid some of the wetland areas.
3. This design does not show the layout for the residences. Will the wetlands along the western portion of the
property be protected from impacts? If so, how? If not, please include those impacts in this submittal.
FYI -I am just waiting on our HQ folks to respond about the AJD, then I will get it out to you. Let me know if you have any
questions.
Thanks,
Brooke
Brooke Davis
Regulatory Specialist
USACE Wilmington District -Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
[e-mail]
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