20221790 Ver 1_More Info Requested_20230118

Moore, Andrew W
From: Moore, Andrew W
Sent: Wednesday, January 18, 2023 1:37 PM
To: Andrew Bick
Cc: [e-mail]; Leslie, Andrea J
Subject: RE: [External] RE: SAW-2020-00113 Slusher Property/Sapphire Farm
Andrew,
On December 20, 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 Division must account for all impacts associated with the project. The proposed stream alignment will
impact a wetland identified in the June 4, 2020 Preliminary Jurisdictional Determination. The conversion of
wetland to stream is an impact that must be accounted for. Please provide a summary table of the permanent
impacts proposed for existing stream S6, the permanent impacts to wetland W11 for conversion from wetland
to stream, and any temporary impacts to wetland W11 for construction. For accounting purposes, typically, the
Division would consider the areal extent of the streambed constructed in the wetland to be a permanent
wetland impact and the impacts to the wetland for the construction of the streambanks to be temporary
wetland impacts as the streambanks typically will continue to function as riparian wetlands. [15A NCAC 02H
.0502(a)(6)]
2. Please confirm the applicability of Nationwide Permit 27 (NWP 27) with the Corps. Typically NWP 27 does not
allow the conversion of wetlands to another aquatic habitat type. [15A NCAC 02H .0502]
3. Typical Section Note 3 on Sheet 6 of 8 indicates a bankfull bench will be constructed where depth to thalweg
exceeds 2' in pools and 1.3' in riffles. Please provide construction details for the bankfull benches. You may
consider modifying the typical cross-section details to include the bankfull bench. [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 February 17, 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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From: Andrew Bick <[e-mail]>
Sent: Thursday, December 29, 2022 11:26 AM
To: 'Davis, Brooke A CIV SAW' <[e-mail]>
Cc: Annino, Amy M <[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: [External] RE: SAW-2020-00113 Slusher Property/Sapphire Farm
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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Hi Brooke — see below for responses.
From: Davis, Brooke A CIV SAW <[e-mail]>
Sent: Thursday, December 29, 2022 9:50 AM
To: [e-mail]
Cc: Annino, Amy M <[e-mail]>; [e-mail]
Subject: SAW-2020-00113 Slusher Property/Sapphire Farm
Hi Andrew,
I am going through this submittal and have a few questions/comments, as follows:
1. You state no trees will be cut for the project, but it appears that in order to reach the confluence of the
Thompson River, you would need to cut some. Please provide an estimated acreage, how many greater than 3-
inch in diameter, and the species. There may be a couple trees or shrubs larger than 3" near the confluence, but
we don't have trees surveyed and I can't give you an exact number. I'm attaching a photo showing existing
conditions. The majority of the reach is cleared and the trees are just along the Thompson River. Is there a
concern about bats or other impacts?
2. Could you please provide the grading plan? Are you planning to create a floodplain bench along the created
stream channel? We almost always show channel grading with plan, profile and typical section drawings rather
than a grading plan. There may be a few areas where a floodplain bench will be needed, but this would be a
subtle feature. I don't think a grading plan would add much to the understanding of the stream design.
3. Could you please show the delineated areas overlain on the existing overview map? There appear to be
wetlands along the proposed channel reaches, but they are not shown on the map. How will you account for no
net loss of wetlands (including the conversion) per the Nationwide Permit 27 requirements? Please see the
attached plan sheet. From the CAD file I was provided, wetland W-8 (0.05 AC) is the closest to the stream
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alignment and it's beyond the limits of the stream work. The plan is to tie into the S-6 channel downstream of
the road, thereby limiting disturbance to floodplain areas beyond the immediate stream channel.
4. Has any of the area been surveyed for archeological or other cultural resources outside of looking at the SHPO
web database? Not that I know of.
5. Could you please provide a detail for the spanning structure? That will be designed by others, with the spec that
it be at least 20% longer than the bankfull width.
Thank you,
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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