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HomeMy WebLinkAbout20231609 Ver 1_More Info Received_20240129Moore, Andrew W From: Nancy Oberle <nancy.oberle@threeoaksengineering.com> Sent: Monday, January 29, 2024 1:56 PM To: Moore, Andrew W Cc: Mitchell.L.Anderson@usace.army.mil; Jim Mason Subject: RE: [External] RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hi Andrew, We reached out to the developer, and they provided the following response to your question: Both stormwater ponds shown would be used as post -construction treatment infrastructure which would account for the current plan submittal and all of future phase one plan. It is anticipated the pond on east side of bridge will remain; the pond on west side could potentially be impacted by future development beyond phase 2. Should this occur, it is anticipated subsurface/underground stormwater detention would be considered. We acknowledge that additional review by NCDWR/NCDEQ may be required for any future phases. Please let us know if this information is sufficient, or if we can provide anything else. Thank you, Nancy From: Moore, Andrew W <andrew.w.moore@deq.nc.gov> Sent: Friday, January 26, 2024 4:30 PM To: Jim Mason <james. mason @threeoaksengineering.com> Cc: Nancy Oberle <nancy.oberle@threeoaksengineering.com>; Mitchell.L.Anderson@usace.army.mil Subject: RE: [External] RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) You don't often get email from andrew.w.moore@deg.nc.gov. Learn why this is important Jim, Thanks for the site plan. This plan does not show the proposed post -construction stormwater treatment infrastructure. Please let me know what the proposed post -construction stormwater treatment infrastructure will be. If it's some type of subsurface detention within the limits of disturbance shown, an email letting me know will suffice. If it's some type of surface treatment (e.g. wet pond), please provide a sit plan that depicts that infrastructure. Again, I need to ensure the project may be built out without additional impacts. Thanks, Andrew W Moore, P.G. Environmental Specialist 11, Division of Water Resources North Carolina Department of Environmental Quality Office: (828) 296-4684 Andrew.W.Moore@deg.nc.gov 1 DE ; NORTH CAROLINA - cl Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jim Mason dames.mason@threeoaksengineering.com> Sent: Friday, January 26, 2024 3:18 PM To: Moore, Andrew W <andrew.w.moore@deg.nc.gov> Cc: Nancy Oberle <nancy.oberle@threeoaksengineering.com>; Mitchell.L.Anderson@usace.army.mil Subject: RE: [External] RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Andrew - Attached is the site plan that you requested. The current infrastructure plan (drive and bridge) and Phase 1 of the development as illustrated will not have any additional impacts on the wetland other than what is in the permit application. Furthermore, future phases 2-4 have been shown outside the wetland area and stream buffer; however, a portion of floodplain will be impacted. The site planning at this time is preliminary in nature and should be viewed as such. As design progresses, that floodplain impact will be minimized/eliminated as needed. Please let me know if you have any questions. Thanks and have a great weekend, Jim From: Jim Mason <james.mason@threeoaksengineering.com> Sent: Monday, January 22, 2024 3:47 PM To: Moore, Andrew W <andrew.w.moore@deg.nc.gov> Cc: Nancy Oberle <nancy.oberle@threeoaksengineering.com>; Mitchell.L.Anderson@usace.army.mil Subject: Re: [External] RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) Andrew —thank you very much for your additional comments. We have reached out to the design team and hope to have The mapping that you requested to you in the very near future. Thanks, and have a great day, Jim James Mason Three Oaks Engineering, Inc. (704)604-8358 From: Moore, Andrew W <andrew.w.moore@deg.nc.gov> Sent: Wednesday, January 17, 2024 1:14:45 PM To: Jim Mason <lames. mason @threeoaksengineering.com> Cc: Nancy Oberle <nancy.oberle@threeoaksengineering.com>; Mitchell.L.Anderson@usace.army.mil <Mitchell.L.Anderson@usace.army.mil> Subject: RE: [External] RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) ISome people who received this message don't often get email from andrew.w.moore@deg.nc.gov. Learn why this is important Jim, Thank you for this additional information. The maps provided in your January 12, 2023 submittal only include the proposed road network. In order to confirm the project has avoided and minimized impacts per 15A NCAC 02H .0506(b)(1), the Division must confirm the entire commercial development and attendant features may be constructed without additional stream or wetland impacts. Please provide a figure that depicts the entire commercial development layout, including all buildings, as required in 15A NCAC 02H .0502(a)(9). The project will remain on hold until this information is received. 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: (828) 296-4684 Andrew.W.Moore@deg.nc.gov D- E NORTH CAROLINA cl; Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jim Mason <james.mason@threeoaksengineerinR.com> Sent: Friday, January 12, 2024 2:05 PM To: Moore, Andrew W <andrew.w.moore@deg.nc.gov> Cc: Nancy Oberle <nancy.oberle@threeoaksengineering.com>; Mitchell.L.Anderson@usace.army.mil Subject: [External] RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Andrew - I apologize for the delay in responding. I have provided information for each of your questions/requests in red below. I have also attached materials for some of the requests, including the site development plan and the mitigation bank SOA. Please let Nancy or I know if you have any additional questions or require any additional information. Thanks and have a great weekend, Jim James Mason, MS, PWS NC Natural Systems Group Lead Three Oaks Engineering 324 Blackwell Street, Suite 1200 Durham, NC 27701 919-732-1300 (office) 704-604-8358 (mobile) lames.mason@threeoaksengineering.com www.threeoaksengineering.com EFRly, 55 From: Moore, Andrew W <andrew.w.moore@deg.nc.gov> Sent: Thursday, December 14, 2023 9:26 AM To: Nancy Oberle<nancy.oberle@threeoaksengineering.com> Cc: Anderson, Mitchell L CIV USARMY CESAW (USA) <Mitchell.L.Anderson@usace.army.mil>; Leslie, Andrea J <andrea.leslie@ncwildlife.org> Subject: RE: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) IYou don't often get email from andrew.w.moore@deg.nc.gov. Learn why this is important Nancy, In regard to the Division's request #2 below, you may provide a culvert cross section in lieu of specific elevation data. Andrew W Moore, P.G. Environmental Specialist 11, Division of Water Resources North Carolina Department of Environmental Quality Office: (828) 296-4684 Andrew.W.Moore@deg.nc.gov D- E NORTH CAROLINA kl; Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Moore, Andrew W Sent: Wednesday, December 13, 2023 3:37 PM To: nancy.oberle@threeoaksengineering.com Cc: Anderson, Mitchell L CIV USARMY CESAW (USA) <Mitchell.L.Anderson@usace.army.mil>; Leslie, Andrea J <andrea.leslie@ncwildlife.org> Subject: Request for Additional Information, Crowell Road Extension Bridge, Buncombe County (DWR Project #20231609) Nancy, On November 22, 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: 1. A review of the Division database indicates the review fee has not been paid. Please ensure the fee is paid. [15A NCAC 02H .0502(a)(10)] Payment was mailed (check) on December 5, 2023. Please provide a map that delineates the boundaries of the land proposed to be utilized by the applicant in carrying out the activity; the location, dimensions, and type of any structures erected or to be erected on the lands for use in connection with the activity including all facilities, utilities, and stormwater infrastructure associated with the urgent care/hospital facility; and the location and extent of the receiving waters, including wetlands, within the boundaries of the lands. Please ensure the location of the equalizer pipe within the wetland area is depicted and include information regarding the elevation the pipe will be set. [15A NCAC 02H .0502(a)(9)] Please see attached. Please explain why the road extension cannot be moved to the north of wetland WA thereby avoiding and/or minimizing impacts to that feature. [15A NCAC 02H .0506(b)(1)] 1) In order to provide proper circulation, certain horizontal road alignment requirements needed to be met. This location was necessary to meet those requirements. 2) The alignment of the road needed to be as close to the downstream culvert as possible to reduce floodplain impacts. If the pipe location was moved, it would have likely resulted in more -than -minimal impacts to the FEMA-regulated floodplain, which would have likely required a CLOMR. In this location, a No -Rise Certification can be obtained. 4. Please explain if the portion of wetland WA proposed for mechanized clearing (grubbing) will be restored to previous grade. [15A NCAC 02H .0506(b)(1) and (c)] Our intention is to just grub the area for access/clearance. We do not plan any fill in this area. Once construction is complete, the contractor will ensure that the grubbed area is in line, in terms of grading and contour, to adjacent areas prior to vegetatively stabilizing. Please provide a mitigation acceptance letter from the mitigation provider. Please note the order of preference for mitigation per EPA regulations is 1) private mitigation ban, 1) in -lieu fee program, and 3) permittee- responsible mitigation. A review of the RIBITS tracking system indicates wetland mitigation credits from private banks are available. Mitigation may be fulfilled by purchasing credits from multiple banks and/or supplementing with credits from the DMS in -lieu fee program. [15A NCAC 02H .0506(c)] There was one mitigation bank (RES) within the project's HUC that had potential wetland credits available. However, they did not have enough credits to cover our impacts/mitigation ratio; therefore, we will acquire what is available from the bank and NCDMS will provide the remainder. Attached is the SOA from RES; Kelly Williams with NCDMS is currently working on their mitigation acceptance letter. I will forward that as soon as it is available. 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 January 12, 2024. 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 ll, Division of Water Resources North Carolina Department of Environmental Quality Office: (828) 296-4684 Andrew.W.Moore@deg.nc.gov Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.