20221724 Ver 1_DWR Correspondence_20230206

Moore, Andrew W
From: Moore, Andrew W
Sent: Monday, February 6, 2023 4:04 PM
To: 'Laura Belanger'
Cc: Fuemmeler, Amanda J CIV (US); Leslie, Andrea J
Subject: RE: [External] RE: Request for Additional Information, 147 Sweeten Creek Road, Buncombe County
(DWR Project #20221724)
Laura,
Your response does not adequately address item 1 in the Division's January 31, 2023 request for additional information.
I visited the site and did not observe any wells. Could you provide a picture of the well? What I did observe is typical of a
headwater forest in the mountains: minimal groundwater seepage at the head of the feature within a topographic
crenulation with increased baseflow discharge moving downgradient. In addition, prevalent iron oxidizing bacteria was
present at the lower end of the wetland indicating the presence of baseflow/groundwater discharge.
The project will remain on -hold until the requested information is received.
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.
From: Laura Belanger <[e-mail]>
Sent: Friday, February 3, 2023 3:41 PM
To: Moore, Andrew W <[e-mail]>
Cc: Fuemmeler, Amanda J CIV (US) <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information, 147 Sweeten Creek Road, Buncombe County (DWR
Project #20221724)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Andrew,
i

1. The wetland hydrology comes from an old wellhead that was not properly capped. The underdrain system is
capturing the hydrology at the source.
2. Attached is the construction detail for the underdrain.
Sincerely,
Laura Belanger, PWS
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From: Moore, Andrew W <[e-mail]>
Sent: Tuesday, January 31, 2023 8:48 AM
To: Laura Belanger<[e-mail]>
Cc: Fuemmeler, Amanda J CIV (US) <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: RE: [External] RE: Request for Additional Information, 147 Sweeten Creek Road, Buncombe County (DWR
Project #20221724)
Laura,
On December 5, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project, with the application review fee received January 5, 2023.
Additional information in support of the project was received January 23, 2023. 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 underdrain system depicted on Sheet C201 is not adequate for the Division to certify the wetland fill will not
result in a secondary impact to the unnamed tributary of Sweeten Creek on the east side of Sweeten Creek Road
as a result of a reduction in hydrology. The underdrain system as depicted covers only a small section of the
wetland and appears to terminate approximately ten feet higher in elevation than the base of the wetland.
Please revise the underdrain system to capture more of the wetland baseflow, preferably tying -in to the storm
drain system at the lowest elevation practicable. [15A NCAC 02H .0506(b)(3)]
2. Please provide a construction detail for the underdrain. The typical trench detail on Sheet C505 depicts the
trenching detail for the public water supply piping network. [15A NCAC 02H .0502(a)(9)]
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 March 2, 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.
2

Andrew W Moore, P.G.
Environmental Specialist I1, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
NORTH CAROLINA
Department of Environmental Quality
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Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Laura Belanger <[e-mail]>
Sent: Wednesday, January 25, 2023 1:37 PM
To: Moore, Andrew W <[e-mail]>
Cc: Fuemmeler, Amanda J CIV (US) <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: [External] RE: Request for Additional Information, 147 Sweeten Creek Road, Buncombe County (DWR Project
#20221724)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Andrew,
Thank you for returning my call today.
1. As we discussed, the applicant is proposing a French drain in the area of the wetland that will continue to drain
to the existing 36" RCP running under Sweeten Creek Rd. I have attached sheet C201 from the site grading and
drainage plan and the detail sheet showing the trench typical design.
2. We have re -contacted the mitigation banks, and while there is a bank that has received additional credits since
our initial submittal, we are requesting that we be allowed to continue with our proposed mitigation. The
commercial mitigation bank is charging almost double what the in -lieu fee program charges, so we have
requested that the USACE allow us to move forward with our initial request to utilize the in lieu fee program as
it was the only option at the time of our permit submittal.
Amanda, can you confirm that the USACE will allow us to use the in -lieu fee program and that they will allow us to
mitigate on a 1:1 ratio based on the NC WAM rating of Low for the wetland in question?
Sincerely,
Sincerely,
Laura Belanger, PWS
•
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From: Moore, Andrew W <[e-mail]>
Sent: Friday, January 6, 2023 10:42 AM
To: Laura Belanger <[e-mail]>
Cc: Fuemmeler, Amanda J CIV (US) <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: Request for Additional Information, 147 Sweeten Creek Road, Buncombe County (DWR Project #20221724)
Laura,
On December 5, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project, with the application review fee received January 5, 2023.
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. There is an unnamed tributary (UT) of Sweeten Creek on the east side of Sweeten Creek Road downgradient of
the wetland proposed to be filled. The Division is concerned that the fill of the wetland will impact the hydrology
of the UT. Typically, this concern may be alleviated with the installation of a French drain/underdrain system
within the wetland proposed to be filled. Please explain how the hydrology in the UT downgradient of the
wetland proposed to be filled will be maintained so that it may continue to support its existing uses. [15A NCAC
02H .0506(b)(3)]
2. The order of preference for mitigation per EPA regulations is 1) private mitigation bank, 2) in -lieu fee program,
and 3) permittee-responsible mitigation. Based on the RIBITS report provided, it appears a portion of the
mitigation credits may be available from the RES French Broad 05 Shiitake Ridge private bank. It appears there
also may be credits available from the RES French Broad 05 UMB Puncheon Fork Site private bank, which may
have been released since your RIBITS report was printed. Mitigation may be fulfilled by purchasing credits from
multiple banks and/or supplementing with credits from the DMS in -lieu fee program. Please evaluate the use of
credit from the noted private banks. If the private bank(s) noted cannot fulfill the mitigation requirement, please
explain why. [15A NCAC 02H .0506(c)]
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 February 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]
4

W
NORTH CAROLINA
DE
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.