20221724 Ver 1_More Info Requested_20230106

Moore, Andrew W
From: Moore, Andrew W
Sent: Friday, January 6, 2023 10:42 AM
To: [e-mail]
Cc: Fuemmeler, Amanda J CIV (US); Leslie, Andrea J
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]
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