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HomeMy WebLinkAbout20221671 Ver 1_More Info Requested_20230105DocuSign Envelope ID: 5C98EDF2-1A27-46F3-8C17-80FDB1AD78E5 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 5, 2023 DWR #20221671 Buncombe County Town of Woodfin Attn: Adrienne Isenhower 90 Elk Mountain Road Woodfin, NC 28804 Delivered via email to: aisenhower@woofin-nc.gov Subject: REQUEST FOR ADDITIONAL INFORMATION Woodfin Riverside Park Dear Ms. Isenhower: On December 1, 2022, the Division of Water Resources (Division) received your application requesting an Individual 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. If the U.S. Army Corps of Engineers (USACE) requests a response to any comments received as a result of the Public Notice, please provide the Division with a copy of your response to the USACE. 2. Staff from the Division attended a pre -application meeting on April 21, 2022, regarding the subject project at which time several documents were provided including a PowerPoint presentation entitled 20220415 Interagency Meeting Presentation and a memo dated April 20, 2022 regarding Fish Passage Specifications for Woodfin Wave Whitewater Park (memo). The Division received an update to the memo dated August 2, 2022. Among other things, the PowerPoint summarizes modeled velocities and shear stresses within the French Broad River associated with the wave feature under various flow regimes. Neither the memo, nor the results of the modeling, were included with the application. Please confirm the information provided in the referenced documents is applicable to the current design and/or summarize the results of any further model/design refinement that was incorporated into the final design and that varies from the aforementioned documents. 3. Please provide a French Broad River stage/discharge monitoring and contingency plan to be implemented during in -river construction activities. The plan should include a protocol to monitor weather and river stage and/or discharge and provide for contingencies should a high discharge event occur. The plan should include details on the design discharge for the cofferdam and actions to be taken should a flow event that exceeds the height of the cofferdam occur. GDE NORTH C OLI JA ' omm mr� ep..of o�.i North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 5C98EDF2-1A27-46F3-8C17-80FDB1AD78E5 Town of Woodfin DWR #20221671 Request for Additional Information Page 2 of 3 4. The Division accounts for impacts to streams in length. Please revise the Wave and Bypass Impact Table to include impact lengths. 5. The Site Plan Sheet L1.3 calls for a Mud Play Area within the unnamed tributary (UT) of the French Broad River. It's not clear what the Mud Play Area entails. Please provide a narrative description and any applicable design plans for the Mud Play Area, including how water quality standards will be maintained and how the stream will be protected from degradation so that the Division can adequately review and determine whether the project will cause or contribute to a violation of water quality standards and/or comport with the state's antidegradation policy. 6. Please provide additional design/construction details, including proposed cross -sections, for the upstream river access and bank stabilization; the whitewater wave, bank treatment, and beach; and the boulder toe and downstream boat ramp. The design details should include the shape and form of the wave feature and bypass channel including boulder clusters, low -flow notch, etc. described in the memo. 7. The Site Plan Sheet L1.3 has a call -out for a Boulder Toe Bank Stabilization to Double as River Access feature. However, this feature is not included in the impact table, nor are construction details provided. Please confirm this feature is to be constructed above the ordinary high water mark, or include it in the impact table, provide justification for the feature, and provide construction details. 8. Please provide additional details regarding how the abandoned bridge pilings are attached to the river bottom, what they are constructed of, and how they will be removed. 9. Sheet WWEC.4 indicates the upper river access and bank stabilization work will be constructed in the wet. However, the WOTUS Impacts Narrative indicates the south access including boulder toe/bank stabilization will be constructed by surrounding the area with a cofferdam and dewatering. This area must be constructed in the dry. Please revise Sheet WWEC.4 to include details showing how these features will be constructed while avoiding excavation in flowing water. 10. The typical cofferdam water control detail on sheet WWEC.6 appears to depict settling ponds constructed outside of the cofferdam, but within the river footprint. Please revise the detail to depict the settling ponds in an upland location. 11. The General Erosion & Sediment Control Notes note 4 on Sheet WWEC.6 indicates dewater pump discharge from within the cofferdams will be discharged onto the floodplain away from wetlands and construction activities. However, the details on Sheets WWEC.2, WWEC.3, and WWEC.5 appear to depict the pump discharging directly to the river. Please confirm that the dewatered pump discharge from all cofferdams will be pumped to an upland location and treated further prior to discharge to the river. Please note energy dissipation measures may also be required prior to release of water to the river. Please revise Sheets WWEC.2, WWEC.3, and WWEC.5 to depict the pump discharge outlet in uplands or include a call -out on the plans that specifies this requirement. 12. Please describe the lifespan of the wave feature, any anticipated maintenance of the feature, and how the maintenance will be conducted. D_E NORTH CARCLINA gaparNrM of F,Mrnnmanfal quay North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 5C98EDF2-1A27-46F3-8C17-80FDB1AD78E5 Town of Woodfin DWR #20221671 Request for Additional Information Page 3of3 13. The project is subject to post -construction stormwater review under the Phase II Stormwater Program. What entity will be reviewing the project for compliance with post -construction stormwater requirements? 14. Please copy the Division on any response to the North Carolina Wildlife Resources Commission comment letter dated January 4, 2023. 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 respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, 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 the appropriate fee. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Electronic cc: Sincerely, DocuSigned by: "-A43C72700BD543E... Katie Merritt, Acting Supervisor 401 & Buffer Permitting Branch Owen Carson, Equinox Environmental Amanda Jones, USACE Asheville Regulatory Field Office Andrea Leslie, NCWRC DWR 401 & Buffer Permitting Branch file D_E NORTH CAROLINA gaparhneM of Environment,/quay Filename: 20221671 WoodfinRiversidePark Buncombe IP addinfo.docx North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000