DWR Email 6-16-23

Moore, Andrew W
From: Moore, Andrew W
Sent: Friday, June 16, 2023 9:13 AM
To: Tyson Kurtz; Fuemmeler, Amanda J CIV (US)
Cc: Adeline Wolfe
Subject: RE: [External] RE: Request for Additional Information, Lakeshore Villas, Buncombe County (DWR
Project #20230643)
Tyson,
Thank you for your response to the Division's May 19, 2023 request for additional information. Your responses have
adequately addressed the first through third requests. However, the fourth request has not been adequately addressed.
Title 15A NCAC 02H .0506(c)(5) requires mitigation for impacts to wetlands at a ratio of 1:1 (mitigation credits required
to wetlands impacted). As the proposed wetland impacts exceed one -tenth of an acre, mitigation is required for those
impacts. Please provide a mitigation plan for the wetland impacts.
The project will remain on -hold until this item is addressed. Please proved a response by July 14, 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.
I am available to discuss further if that would be helpful.
Thanks,
Andrew W. Moore, PG
Environmental Specialist II — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: Andrew.W.Moore(aDncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Tyson Kurtz <[e-mail]>
Sent: Thursday, June 15, 2023 2:44 PM
To: Moore, Andrew W <[e-mail]>; Fuemmeler, Amanda J CIV (US)
<[e-mail]>
Cc: Adeline Wolfe <[e-mail]>
Subject: [External] RE: Request for Additional Information, Lakeshore Villas, Buncombe County (DWR Project
#20230643)

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Andrew and Amanda,
Please see the responses below to the Division's questions.
Revised Figures 5.0-5.2 are attached. New Figures 5.4 and 5.5 are also attached.
Thank you,
Tyson Kurtz
Biologist, PWS
0: 828-698-9800 ext. 302 1 C: 610-310-8744
From: Moore, Andrew W <[e-mail]>
Sent: Friday, May 19, 2023 2:38 PM
To: Tyson Kurtz <[e-mail]>
Cc: Fuemmeler, Amanda J CIV (US) <[e-mail]>
Subject: Request for Additional Information, Lakeshore Villas, Buncombe County (DWR Project #20230643)
[EXTERNAL EMAIL - Please use caution]
Tyson,
On April 28, 2023, 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:
Please provide the proposed cross -sectional dimension for the re -located stream channel and a narrative
construction sequence including equipment access. [15A NCAC 02H .0502(a)(9) and .0506 (b)]
The reconstructed channel will mimic the existing channel conditions of the stream reach to be relocated.
Please see the revised Figure 5.2-5.3 that now includes approximate depths of the channel to be created.
Figure 5.4 — Construction Sequence and Figure 5.5 — Access Road location (attached) are supplemental
figures to the submitted permit application package.
2. Will any temporary impacts to wetlands be required for construction of the retaining wall and/or relocated
stream channel? If so, please depict the impacts and access routes on a map. Please also describe any tree
clearing within any wetland that may be required for construction access. [15A NCAC 02H .0502(a)(6) and (9)]
• All access impacts will be within the areas shown for permanent impact. A temporary stream crossing may
be used (within the reach to be relocated — S1) to excavate the new channel. The wetland impact areas are
all permanent impacts. Scrub -shrub and juvenile trees are present in moderate density within the wetland
impact area proposed for the new channel (W2 north of S1). The portion of W2 south S1 has sparse
emergent vegetation, only a couple shrubs, and trees rooted along the upland boundary.
3. It appears there may be an opportunity to avoid wetland impact W2 by reducing the parking to the east of
building #3 and expanding parking to the west of building #1. Please revise the plans to reflect these changes or
explain why they can't be practically accomplished. [15A NCAC 02H .0506(b)(1)]

• See the revised Figures 5.1-5.2 that shows the proposed grading contours and playground area to the west
of Building #1. There is not room to shift the parking spaces east of building #3 to that location.
4. If wetland impacts cannot be further reduced per comment 3 above, please provide a compensatory mitigation
plan that meets the requirements of 15A NCAC 02H .0506(c).
Item 2 of 15A NCAC 02H .0506(c) states wetland mitigation is not required for impacts below 0.1 acres. If
mitigation will be required by NC DWR for this project (not a requirement of 15A NCAC 02H .0506(c)), the
applicant can provide a mitigation plan that meets 15A NCAC 02H .0506(c).
USACE waived their wetland mitigation criteria for this project due to the stream relocation alternative
being the better alternative, despite a larger impact to wetlands and streams in lieu of long-term stability
and preservation of stream channel width.
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 June 19, 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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Department of Environmental Quality
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