Add Info Request 20240403

1
Winston, Joey
From:Winston, Joey
Sent:Wednesday, April 3, 2024 10:29 AM
To:Tyson Kurtz
Cc:Anderson, Mitchell L CIV USARMY CESAW (USA); Leslie, Andrea J
Subject:Request for Additional Information, Springs of North Asheville Phase 2, Buncombe
County (DWR #20211609v2)
Mr. Kurtz,

On February 12, 2024, the Division of Water Resources (Division) received your applicaƟon requesƟng a 401 Water
Quality CerƟficaƟon from the Division for the subject project. The Division has determined that your applicaƟon is
incomplete and cannot be processed. The applicaƟon is on-hold unƟl all of the following informaƟon is received:

1. The applicaƟon states that only temporary stream impacts will occur for the installaƟon of the sewer uƟlity line
(impacts S1 and S2). However, the project plan detail for streambank restora Ɵon shows the placement of riprap
along streambanks. Please clarify whether impacts for the installaƟon of the sewer uƟlity line will be temporary
or permanent in nature. If permanent riprap is proposed, please provide an explana Ɵon of why the stream
cannot be restored to its natural, pre-construcƟon condiƟon. [15A NCAC 02H .0502(a)(4); 15A NCAC 02H
.0506(b)(1)]

2. The project proposes to impact 0.064 acre of wetland (impact W3) and 21.4 linear feet of stream (impact S4)
primarily for the construcƟon of a roadway to access home sites. These home sites also have a proposed
roadway on the upgradient site of them. Please provide an explanaƟon of how impacts cannot further be
avoided and minimized by accessing these home sites from the upgradient roadway. [15A NCAC 02H
.0506(b)(1)]

3. The project proposes to fill the stream idenƟfied as S4 on the 2020 Approved JurisdicƟonal DeterminaƟon
(impact S4). This stream appears to be the only surface connecƟon of the upstream wetlands (W6 and W7 on
2020 AJD) and downstream waters. Please explain how surface hydrology will be maintained with the proposed
impacts. [15A NCAC 02H .0506(b)(1)]

4. The project proposes to impact the headwaters of the stream idenƟfied as S3 on the 2020 AJD by filling the
upgradient stream and wetlands and installing a retaining wall abuƫng the remaining porƟon of stream S3
(impacts S3 and W4). The Division is concerned that the proposed acƟviƟes will cause secondary impacts to the
remaining porƟon of stream S3, such as a reducƟon in flow. Please explain the measures proposed to prevent
secondary impacts, such as the installaƟon of an underdrain within the fill area. [15A NCAC 02H .0506(b)(3)]

Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested informa Ɵon for the
proper consideraƟon of the applicaƟon. Please provide your response by May 3, 2024. If all of the requested informa Ɵon
is not received, the Division will be unable to approve the applicaƟon and it will be denied as incomplete. The denial of
this project will necessitate reapplicaƟon to the Division for approval, including a complete applicaƟon package and
appropriate fee.

Please let me know if you have any ques Ɵons.

Thanks,
Joey

2
Joey Winston
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone] | Cell: [phone]
[e-mail]