20221795 Ver 1_Denial_20230417

DocuSign Envelope ID: F26F24AF-32D7-4FE8-83CF-6EDC433FD172
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 17, 2023
DWR #20221795
Buncombe County
Mayley Martinez Cruz
210 Johnston Blvd, Lot 4
Asheville, NC 28806
Delivered via email to: [e-mail]
Subject: DENIAL of 401 Water Quality Certification Application
Caleb Drive Tract
Dear Ms. Cruz:
On December 21, 2022, the Division of Water Resources (Division) received your application requesting
an Individual 401 Water Quality Certification from the Division for the subject project. On January 23,
2023, the Division notified your agent, ClearWater Environmental Consultants, Inc., that your application
was incomplete and requested additional information. The Division received a response to the request
on March 22, 2023. On March 23, 2023, the Division again notified your agent that your application was
incomplete and requested additional information. The Division has not received a response to date.
Notwithstanding North Carolina law governing the timeline for the Division's review of 401 Water
Quality Certification applications, the U.S. Army Corps of Engineers has indicated that the Division's
deadline for action on your application under section 401 of the Clean Water Act is April 20, 2023.
Therefore, the Division must act on your 401 Water Quality Certification application at this time.
The Division has determined that your application is incomplete. As a result, the Division cannot
determine if the proposed project will comply with in 15A NCAC 02H .0500, State water quality
standards in 15A NCAC 02B (including antidegradation), and Sections 301, 302, 303, 306, and 307 of the
federal Clean Water Act. Therefore, in accordance with 15A NCAC 02H .0507(e) and 40 CFR § 121.7,
your application for a 401 Water Quality Certification is hereby denied.
You may reapply to the Division including a complete application package and appropriate fee. Please
be sure to address the items in the March 23, 2023 request for additional information (attached) in any
future applications.
The Division's decision can be contested as provided in Chapter 150B of the North Carolina General
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
M336.776.9800
oep.m.m or em�nmen� Qualm,

DocuSign Envelope ID: F26F24AF-32D7-4FE8-83CF-6EDC433FD172
Caleb Drive Tract
DWR# 20221795
Denial
Page 2 of 2
Statues by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This completes the review of the Division under section 401 of the Clean Water Act. Please be aware
that you have no authorization under the Water Quality Certification Rules for this activity and any work
done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Andrew Moore at 828-296-4684 or [e-mail] if you have any
questions or concerns.
Sincerely,
Es
DocuSigned by:
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Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Eric Romaniszyn, ClearWater Environmental Consultants, an EnviroScience Company
Amanda Jones, USACE, Asheville Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch file
D North Carolina Department of Environmental Quality I Division of Water Resources
✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
onparhnem of EmironmanW 9uallly

Moore, Andrew W
From: Moore, Andrew W
Sent: Thursday, March 23, 2023 9:42 AM
To: Eric Romaniszyn
Cc: Fuemmeler, Amanda J CIV USARMY CESAW (USA)
Subject: RE: [External] RE: Caleb Drive/Martinez PCN question
Eric,
On December 21, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water
Quality Certification from the Division for the subject project. On January 23, 2023, the Division requested additional
information regard the application. A response to the request was received March 22, 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 Division is concerned the proposed French drain system will result in secondary impacts to the wetland due
to a reduction in hydrology. In order to avoid secondary impacts to the wetland, please revise the French drain
system to the area proposed for direct impact (i.e. the building and driveway footprint). Any groundwater
conveyed by the French drain system should discharge to the existing wetland not proposed to be impacted.
[15A NCAC 02H .0506(b)(3)]
Alternatively, if the French drain system cannot be modified, please explain why. Any secondary impacts caused
by the French drain system will need to be accounted for as permanent impacts and will be counted toward the
Division's mitigation threshold. If impacts to the wetland (including permanent and secondary) meet or exceed
0.1 acre, please provide a mitigation plan. [15A NCAC 02H .0506(b)(1) and (3) and (c)(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 April 5, 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]
D_ E
�
NORTH CAROLINA7d� Q
t1_10)
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: Eric Romaniszyn <[e-mail]>
Sent: Wednesday, March 22, 2023 8:33 PM
To: Moore, Andrew W <[e-mail]>; Fuemmeler, Amanda J CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [External] RE: Caleb Drive/Martinez PCN question
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Amanda and Andrew,
Sorry it took so long to respond. I received updated information from the property owner. I assume we will need to
resubmit the DEQ application, please confirm.
To address the Corps comment:
The original estimated impact only included the footprint of the building, driveway and parking lot.
The owner is planning to install three French drains, the purpose of which is to drain the land; attached is a map from
the property owner showing the drain locations. The owners stated the drain dimensions would be 2 ft wide by 3 ft deep
with a 6-inch pipe surrounded by % inch washed stone.
The distances and impact area for installing each drain on the map are:
#1 = 78 ft in wetland area = 0.003 ac
#2 = 262 ft in wetland area = 0.012 ac
#3 = 175 ft in wetland area = 0.008 ac
Total wetland impact from installing French drains = 0.023
To address DEQ `s comment: Attached are the maps showing the home and septic location. Also, the property owner
will no longer be installing a new septic system to service the new buildings. The only utility to the new buildings will be
electric.
Eric
Eric Romaniszyn
Senior Scientist
EnviroSciencelnc.com
"Excellence in Any Environment"
C. 865-406-1281
From: Moore, Andrew W <[e-mail]>
Sent: Monday, January 23, 2023 10:13 AM
To: Eric Romaniszyn <[e-mail]>
Cc: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] Caleb Drive/Martinez PCN question
[EXTERNAL EMAIL - Please use caution]
Eric,
In addition to the information requested by the Corps in their email below, please provide a map/figure that shows the
location of the new home and septic system on the north side of Caleb Drive per 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 22, 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]
D�EQ��
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: Fuemmeler, Amanda J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, January 23, 2023 8:23 AM
To: Eric Romaniszyn<[e-mail]>
Cc: Moore, Andrew W <[e-mail]>
Subject: [External] Caleb Drive/Martinez PCN question
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Morning Eric,
I am familiar with this site and trying to figure out if the 0.09 acre impact included just the footprint of the
building/driveway shown? Also will there be any French drains installed to dry out the wetland prior to placement of
fill/grading or is the owner just planning on putting down fill? I am concerned that here will be additional impacts than
proposed if just the footprint was only used and if there will be French drains installed so please let me know when you
get a chance. Also copying Andrew Moore as he may have similar questions as part of his review, thanks.
Amanda Jones
Regulatory Specialist
USACE-Asheville Regulatory Field Office
828-271-7980 ext. 4225
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