20150887 Ver 1_More Info Received_20151116

Fox, Tim
From: Fox, Tim
Sent: Monday, November 16, 2015 8:24 AM
To: 'Tompkins, Bryan'; Boone, Kelly
Cc: David.W.Brown @usace.army.mil
Subject: RE: City of Brevard Neely Road Pump Station and Equalization Improvements - FBR
Crossing
Kelly,
DWR will wait until we review the Biological Opinion by USFW before we issue a 401 approval.
Thanks for the communication and the project will remain on hold until we receive the BO,
Thanks,
Tim
Tim Fox- tim.fox @ncdenr.gov
North Carolina Dept. of Environmental Quality
Asheville Regional Office
Division of Water Resources — Water Quality Programs
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
NC !1"NothingCompares. ,
Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be
disclosed to third parties.
From: Tompkins, Bryan [mailto:bryan_tompkins @fws.gov]
Sent: Monday, November 16, 2015 7:02 AM
To: Boone, Kelly <BooneKR @cdmsmith.com>
Cc: Fox, Tim <tim.fox @ncdenr.gov>; David.W.Brown @usace.army.mil
Subject: Re: City of Brevard Neely Road Pump Station and Equalization Improvements- FBR Crossing
Good morning. I just wanted to let everyone know that we are planning to try and conduct another mussel
survey before construction begins if conditions allow. We should have the Biological Opinion out any day now
and a copy will be sent to everyone on this email chain.
Let me know if you have any questions.
Thanks,

Bryan Tompkins
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
828/258 -3939 ext.240
On Fri, Nov 13, 2015 at 2:35 PM, Boone, Kelly <[e-mail]> wrote:
Tim,
We're not plamring to conduct a mussel survey. US Fish and Wildlife tried to conduct a survey at least twice
last summer, but the water was too muddy to tell definitively whether the mussel was present or not. However,
they did see potential habitat, so they are considering the work a "take," and the City contributed to UNC-
Asheville's mussel propagation program to offset the impact. I believe USFWS staff may try to survey it again
before construction just to see if they can find the mussel, but I don't think any pennits or BOs are waiting for
that.
David or Bryan, please correct me if I'm wrong.
Thanks,
Kelly
Kelly R. Boone, P.E. I CDM Smith 1 5400 Glenwood Avenue, Suite 400
Raleigh, NC 27612 I T /F: 919.335.35081 [e-mail] I cdmsmith.com
From: Fox, Tim [mailto:tim.fox@,,ncdem.aovl
Sent: Friday, November 13, 2015 2:17 PM
To: Boone, Kelly <BooneKRna.cdmsmith.com>
Ce: 'David. [e-mail]' < David. W.Brown&usaee.armYmil>
Subject: RE: City of Brevard Neely Road Pump Station and Equalization Improvements - FBR Crossing

Kelly,
Thanks for sending the updated PCN and additional information.
I understand a mussel survey will be conducted and I would like to be copied with that information as well
when provided.
The project will be placed on hold until I receive this information. However, as soon as I receive the survey
information I will issue an approval letter.
Thanks,
Tim
Tim Fox - [e-mail]
North Carolina Dept. of Environmental Quality
Asheville Regional Office
Division of Water Resources — Water Quality Programs.
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
3

CDM
Smith
5400 Glenwood Avenue, Suite 400
Raleigh, North Carolina 27612
te1: 919 -325 -3500
November4,2015
RFr.FivFn
NOV - 5 2015
1vu: uavlu mown, r.v. W —
USACE Wilmington District - Asheville Regulatory Field ofticC
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Mr. Tim Fox
NC DEQ Division of Water Resources - Water Quality Programs
2090 US 70 Highway
Swannanoa, North Carolina 28778
Subject:. City of Brevard Neely Road Pump Station and Equalization Improvements
Section 404/10 Permit and 401 Water Quality Certification Application
Additional Information
Dear Mr. Brown and Mr. Fox:
Thank you for reviewing the City of Brevard Neely Road Pump Station and Equalization
Improvements Section 404/401 application. In response to requests for additional information
regarding construction of the force main across the French Broad River, we have developed the
enclosed is Sheet CD -9, which describes this crossing in more detail. We have also updated the
impact area on this sheet to more accurately reFlectthe required disturbance area for construction
of the Portadam.
Also enclosed are revised Sheets C -S, C -6, and C -7, which show the updated impact to the wetlands
near the proposed equalization tank at the wastewater treatment plant. This impact is necessary
due to a North Carolina Administrative Code requirement regarding setbacks between treatment
units and wetland boundaries (15A NCAC 02T .0506). The NC Division of Water Resources NPDES
Unit has agreed that the setback on the northwest side of the tank can be reduced based on
conformity with existing conditions at the site; however, the setback must be maintained on the
northeast side of the tank to comply with State rules.
We have updated the Preconstruction Notification stream and wetland impact table to reflect these .
changes, and it is also enclosed.
WATER + ENVIRONMENT +TRANSPORTATION+ ENERGY+ FACILITIES

CDM.
Smith
Mr. David Brown
Mr. Tim Fox
November 4, 2015
Page 2
By copy of this letter, we are also sending copies of these revised plan sheets to Mr. Bryan
Tompkins of the US Fish and Wildlife Service and Ms. Andrea Leslie of the NC Wildlife Resources
Commission.
Please review the enclosed revisions and call or email me (boonekr @cdmsmith.com or (919) 325-
3508) if you have questions. Thank you for your assistance.
Sincerely, /nG
l' – ✓ �Ov-
Kelly R. Boone, P.E.
CDM Smith Inc.
Enclosures: Revised PCN Wetland and Stream Impact Table
Plan Sheets: C -5, C -6, C -7, CD -4, CD -6, CD -9
cc: Andrea Leslie, NC WRC, 20830 Great Smoky Mtn. Exp., Waynesville, NC 28786
Bryan Tompkins, US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, NC 28801
David Lutz, City of Brevard (via email)
Michael Sloop, CDM Smith (via email)
it

C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
❑X Wetlands X❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. _
2a.
2b.
2t_
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Non -Tidal Freshwater Marsh
No -
Corps
0.082
W2 T
Land Clearing
Non Tidal Freshwater Marsh
No
Corps
0.110
W3 T
Excavation
Non -Tidal Freshwater Marsh
No
Corps
0.055
W4 -
Choose one
Choose one
Yes /No
-
W5 -
Choose one
Choose one
Yes /No
W6 -
Chacse one
Choose one
Vas /No
2g. Total Wetland Impacts:
see below
2h. Comments:
W1 = permanent fill for construction of equalization tank at W WTP
W2 = temporary clearing for construction of equalization tank at W WTP Temporary impact = 0.165 acres
W3 = temporary trenching and backfilling for construction of force main Permanent impact = 0.082 acres
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
31b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1, T
Excavation
Lambe Creek
PER
Corps
20
15
S2 T
Excavation
UT
PER
Corps
5
40
S3 T
Excavation
Gilbreath Branch
PER
Corps
15
23
S10 T
Excavation
Lamb Creek
PER
Corps
15
22
511 T
Excavation
French Broad River
PER
Corps
95
110
-
Choose one
-
-
3h. Total stream and tributary impacts
see below
3i. Comments:
Temporary impact = 210 feet
Permanent impact / loss of stream = 0 feet
1\ /Flt
Division fWatmr 4ioroorces
NOV 5 2015
Water onnnt, ne,plonal Oneral
nsPrynUe Reoionsi rini,.�
1
Page4of10
PCN Form —Version 1.4Danuary 2008.:.: '

OF VArzp �
r r Pre- Construction Notification (PCN) Form Instructions P
nor r r
o
Number of Copies Required for Corps: Provide one complete PCN Application and supporting
documentation. Copies of all plans and attachments for the administrative record must be no larger than
11 x 17 inches. Please contact the Corps project manager for the county in which the work is proposed
to see if materials can be sent electronically or if "working copies" of oversized maps are requested to
assist the project manager to help process the application.
Specific Reporting Requirements: There are specific reporting requirements for projects located in
counties that have trout waters, coastal counties, and western INC counties, as well as specific drainage
basins covered by state riparian buffer rules.
Counties with "Trout Waters" Require Additional Coordination: The INC Wildlife Resources Commission
can help determine if your project may impact trout waters. If your project is within a trout county listed
below, you must send a copy of your PCN to WRC to assess potential impacts to trout waters.
If your project is in a trout county: Allegheny, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Stokes,
Burry, Swain, Transylvania, Watauga, Wilkes County, or Yancey County, send a copy of your PCN to:
Mr. David McHenry Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NO 28786
Telephone: [phone]
Fax: [phone]
Coastal Counties with "Areas of Environmental Concern' Require Additional Coordination. If your
proposed project is in a coastal county, you need to check to see if the work is in an "Area of
Environmental Concern" and requires a CAMA permit. If the project occurs in any of North Carolina's
twenty coastal counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Curriluck, Craven,
Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquolank, Pander, Perquimans, Tyrrell
or Washington counties, you need to determine if a CAMA permit is required for your project.
Contact the North Carolina Division of Coastal Management (DCM) for help. DCM will determine if the
project is within a designated Area of Environmental Concern, in which case you must apply directly to
DCM for a CAMA permit. DCM and the Corps share a joint permit application for CAMA permits. Many
CAMA permits do not require completing a PCN.
INC Division of Coastal Management Telephone: [phone]
400 Commerce Avenue Fax: [phone]
Morehead City, INC 28557 -3421
Revised for 2012 -2017 Nationwide Permits, March 26, 2013
Wilmington Regulatory Field Office
Anson
Duplin
Onslow
US Army Corps of Engineers
Bladen
Harnett
Pander
69 Darlington Avenue
Brunswick
Hoke
Richmond
Wilmington, NC 28403
Carteret
Montgomery
Robeson
Columbus
Moore
Sampson
Telephone: [phone]
Cumberland
New Hanover
Scotland
Fax: [phone]
Number of Copies Required for Corps: Provide one complete PCN Application and supporting
documentation. Copies of all plans and attachments for the administrative record must be no larger than
11 x 17 inches. Please contact the Corps project manager for the county in which the work is proposed
to see if materials can be sent electronically or if "working copies" of oversized maps are requested to
assist the project manager to help process the application.
Specific Reporting Requirements: There are specific reporting requirements for projects located in
counties that have trout waters, coastal counties, and western INC counties, as well as specific drainage
basins covered by state riparian buffer rules.
Counties with "Trout Waters" Require Additional Coordination: The INC Wildlife Resources Commission
can help determine if your project may impact trout waters. If your project is within a trout county listed
below, you must send a copy of your PCN to WRC to assess potential impacts to trout waters.
If your project is in a trout county: Allegheny, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay,
Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Stokes,
Burry, Swain, Transylvania, Watauga, Wilkes County, or Yancey County, send a copy of your PCN to:
Mr. David McHenry Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NO 28786
Telephone: [phone]
Fax: [phone]
Coastal Counties with "Areas of Environmental Concern' Require Additional Coordination. If your
proposed project is in a coastal county, you need to check to see if the work is in an "Area of
Environmental Concern" and requires a CAMA permit. If the project occurs in any of North Carolina's
twenty coastal counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Curriluck, Craven,
Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquolank, Pander, Perquimans, Tyrrell
or Washington counties, you need to determine if a CAMA permit is required for your project.
Contact the North Carolina Division of Coastal Management (DCM) for help. DCM will determine if the
project is within a designated Area of Environmental Concern, in which case you must apply directly to
DCM for a CAMA permit. DCM and the Corps share a joint permit application for CAMA permits. Many
CAMA permits do not require completing a PCN.
INC Division of Coastal Management Telephone: [phone]
400 Commerce Avenue Fax: [phone]
Morehead City, INC 28557 -3421
Revised for 2012 -2017 Nationwide Permits, March 26, 2013

C- -! Nothing Compares_-,-"
Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may
be disclosed to third parties.
From: Boone, Kelly [mailto:BooneKRn.cdmsmith.coml
Sent: Thursday, October 29, 2015 9:22 AM
To: King, Melissa <Melissa.King@a ncdem.eov >; Rodgers, Ashley <[e-mail] >;
'bryan tomnkinsgiVs.gov' < bryan [e-mail] >; Fox, Tim <ttm.fox @ncdenr.gov >;
'David.W.Browrr(cdusace armv mil' <David.W.Brow igusace.armv.mil>
Cc: Aiken, Stan E <[e-mail] >; Price, Zan (George) <Zan.Pricena,nedenr.¢ov>
Subject: City of Brevard Neely Road Pump Station and Equalization Improvements - FBR Crossing
Ili everyone,
You all have asked for some additional information regarding the proposed open -cut crossing of the French
Broad River for the City of Brevard Neely Road Pump Station and Equalization Improvements project. We
have added a detail sheet (Sheet CD -9) for the proposed French Broad River crossing. Can you please take a.
look at the attached sheet and let me know if this is more in line with what you need? Please let me know of
any comments. I will send you all a hard copy along with responses to any other comments you have sent us.
Just wanted to make sure this is what you are looking for.
Thanks,
Kelly

Kelly R. Boone, P.E. 1 CDM Smith 15400 Glenwood Avenue, Suite 400
Raleigh, NC 276121 T/F: 919.325.35081 boonelw(Dedmsmith com I edmsmith com
From: King, Melissa [mailto:Melissa.King@nedenr eov]
Sent: Friday, October 16, 2015 11:31 AM
To: Boone, Kelly <BooneKRncdmsmith.com>
Cc: Aiken, Stan E <[e-mail] >; Rodgers, Ashley <ashlev.rodgersgncdenr.gov >; Price, Zan
(George) <Zaq.Pricc @ncdenr.eov>
Subject: Neely Road Pump Station and Equalization Improvements ESC Plan Revision Partial Submittal recd
1052015
Kelly
Received the referenced submittal — Just wanted to give you a heads up about a few things:
1. Comment 5 and Associated Response —Response indicates "...no work allowed in the stream or trout
buffer when precipitation is forecast..."
Please be aware that the work requirements in the buffer are prescribed by the variance for which you have
applied.
15ANCAC 04B .0125(d) states "No land - disturbing activity shall be undertaken with a buffer zone adjacent
to designated waters......
Therefore, at this time, this Note and response is not approvable
2. Until a decision is made by Ashley Rodgers, State Sedimentologist, on the trout buffer variance, this
submittal is considered incomplete. While no copy of the variance
request was included, Ashley Rodgers did acknowledge receipt of it.
3. Comment 8 and Associated Response — The detail for the sediment filter bag should include a berm,
earthen or stone, that would protect the area if a bag failure occurred.

4. Comment 9 and Associated Response — Currently, not enough information has been provided on the ? -
proposed French Broad crossing. Upon receipt of all the other project information,
it may be possible to approve - all -of the project EXCEPT the French Broad Crossing. If so, then the
contractor's proposal must be sent for review /approval prior to the work in -
the French Broad. This would be considered a revision with a 15 day review time and no additional
fees.
Please let me know if there are questions concerning this -
Melissa --
Melissa ]. King, PE - Melissa.King(dncdenr.gov
North Carolina Dept, of Environmental Quality
Asheville Regional Office
Division of Energy, Mineral and Land Resources - Land Quality
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
Notice: E -mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.
6

Fox, Tim
From:
Fox, Tim -
Sent:
Friday, November 13, 2015 2:17 PM
To:
'Boone, Kelly'
Cc:
'David.W.Brown @usace.army.mil'
Subject:
RE: City of Brevard Neely Road Pump Station and Equalization Improvements - FBR
Crossing
Kelly,
Thanks for sending the updated PCN and additional information.
I understand a mussel survey will be conducted and I would like to be copied with that information as well when
provided.
The project will be placed on hold until I receive this information. However, as soon as I receive the survey information I
will issue an approval letter.
Thanks,
Tim
Tim Fox - [e-mail]
North Carolina Dept. of Environmental Quality
Asheville Regional Office
Division of Water Resources— Water Quality Programs
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
N, C 'Nothing Compares_.,,,_
Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be
disclosed to third parties.
From: Boone, Kelly [mailto:BooneKR @cdmsmith.com]
Sent: Thursday, October 29, 2015 9:22 AM
To: King, Melissa <Melissa.King @ncdenr.gov>; Rodgers, Ashley <ashley.rodgers @ncdenr.gov>;
'bryan_tompkins @fws.gov' <bryan_tompkins @fws.gov>; Fox, Tim <tim.fox @ncdenr.gov>;
'David.W.Brown @usace.army.mil' <David.W.Brown @usace.army.mil>

Cc: Aiken, Stan E <stan.aiken @ncdenr,gov>; Price, Zan (George) <Zan.Price @ncdenr.gov>
Subject: City of Brevard Neely Road Pump Station and Equalization Improvements - FBR Crossing
Iii everyone, -
You all have asked for some additional information regarding the proposed open -cut crossing of the French Broad River
for the City of Brevard Neely Road Pump Station and Equalization Improvements project. We have added a detail sheet
(Sheet CD -9) for the proposed French Broad River crossing. Can you please take a look at the attached sheet and let me
know if this is more in line with what you need? Please let me know of any comments. I will send you all a hard copy
along with responses to any other comments you have sent us. Just wanted to make sure this is what you are looking
for.
Thanks,
Kelly
Kelly R. Boone, P.E. I CDM Smith 1 5400 Glenwood Avenue, Suite 400
Raleigh, NC 27612 I T /F: 919.325.3508 1 boonekr(@cdmsmith.com I cdmsmith.com
From: King, Melissa [mailto:Melissa.Kine(Oncdenr.go I
Sent: Friday, October 16, 2015 11:31 AM
To: Boone, Kelly <[e-mail]>
Cc: Aiken, Stan E <[e-mail]>; Rodgers, Ashley <[e-mail]>; Price, Zan (George)
<Za n. Pri ce (at ncden r.¢ov>
Subject: Neely Road Pump Station and Equalization Improvements ESC Plan Revision Partial Submittal rec'd 10 5 2015
Kelly
Received the referenced submittal — lust wanted to give you a heads up about a few things:
1. Comment S and Associated Response— Response indicates "...no work allowed in the stream or trout buffer
when precipitation is forecast.."
Please be aware that the work requirements in the buffer are prescribed by the variance for which you have
applied.
15A NCAC 04B .0125(d) states " No land- disturbing activity shall be undertaken with a buffer zone adjacent to
designated waters..."
Therefore, at this time, this Note and response is not approvable.
2. Until a decision is made by Ashley Rodgers, State Sedimentologist, on the trout buffer variance, this submittal is
considered incomplete. While no copy of the variance
request was included, Ashley Rodgers did acknowledge receipt of it.
3. Comment 8 and Associated Response — The detail for the sediment filter bag should include a berm, earthen or
stone, that would protect the area if a bag failure occurred.
4. Comment 9 and Associated Response — Currently, not enough information has been provided on the proposed
French Broad crossing. Upon receipt of all the other project information,
it may be possible to approve all of the project EXCEPT the French Broad Crossing. If so, then the contractor's
proposal must be sent for review /approval prior to the work in
the French Broad. This would be considered a revision with a 15 day review time and no additional fees.

Please let me know if there are questions concerning this
Melissa
Melissa ]. King, PE - Melissa.King(lancdenr.2oy
North Carolina Dept. of Environmental Quality
Asheville Regional Office
Division of Energy, Mineral and Land Resources - Land Quality
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: 828 - 299 -7043
Notice: E -mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and therefore may be disclosed to third parties.