Add Info Received 20240408

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Winston, Joey
From:Tyson Kurtz <[e-mail]>
Sent:Monday, April 8, 2024 9:51 AM
To:Winston, Joey
Cc:Anderson, Mitchell L CIV USARMY CESAW (USA); Leslie, Andrea J
Subject:[External] RE: Request for Additional Information, Springs of North Asheville Phase 2,
Buncombe County (DWR #20211609v2)
Attachments:Supplemental Photlog.pdf
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Joey,

Thanks for your review and responses to your questions are included below as bullet points.

The applicant believes this fulfills the additional information needed. Please let me know if you have any additional
questions.

Thank you,

Tyson Kurtz
Biologist, P.W.S.

EnviroScienceinc.com
"Excellence in Any Environment"
O. 828.698.9800 ext. 302 | C. 610.310.8744

From: Winston, Joey <[e-mail]>
Sent: Wednesday, April 3, 2024 10:29 AM
To: Tyson Kurtz <[e-mail]>
Cc: Anderson, Mitchell L CIV USARMY CESAW (USA) <[e-mail]>; Leslie, Andrea J
<[e-mail]>
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)]

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 Two typical details were provided for the temporary uƟlity line crossing impact, one that shows “soŌ
stabilizaƟon” grading, maƫng, and live stakes: the other shows riprap stabilizaƟon. Both were included
in case riprap needed to be used on the banks but was confirmed by the engineer that the plan is to re-
construct the stream banks with soŌ stabilizaƟon methods at both crossings and riprap shouldn’t be
needed. These stream impacts will be temporary.

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)]

 The row of houses referenced has a 10’ drop in elevaƟon between the two menƟoned roads/alleys. The
house design has a garage on the first floor with the driveway leading into the garage. Therefore, if the
driveways were flipped to face the interior road/alley, the base elevaƟon of the first floor would need to
be raised to accommodate the garage and driveway access, which would s Ɵll result in similar wetland
and stream impacts as the current layout.

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)]

 S4 does not connect to downslope wetland W5. Appendix E Photolog – Photo 5 shows stream S4 which
is an eroded secƟon of the old impoundment. The stream goes underground before reaching the
downslope side of the old impoundment . Therefore, there is no exisƟng surface hydrology to connect
W6, W7, and S4 to W5 and downslope waters. As such, the proposed impacts would not create a lack of
surface water connecƟon.

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)]

 The original headwaters of S3 were all impacted by the early 2000s development aƩempt (former
“Impact 3” – Appendix B). The upper secƟon of current stream S3 is in a manmade “basin” between
mulƟple other culverts from the past site development. It is unclear if a secƟon of the culvert was
removed or failed but the current S3 appears to have formed since the prior impact.
 AƩached are photos of the uppermost secƟon of S3 that is proposed for impact again. There is only a
trickle of a stream between these culvert (upper stormwater culverts not mapped for AJD). Also
aƩached are photos of the lower secƟon of S3, which is close in elevaƟon to the water table of the
larger S2 stream.
 The wetland W4 (Appendix E (Photolog) Photo 8) is a marginal wetland is basically a scour pool at the
outlet of a stormwater pipe. A photo is aƩached of the wetland. I would not think this wetland
contributes any significant amount of hydrology to Stream S2 or the lower extent of S3.
 Lastly, post-construcƟon stormwater will outlet near exisƟng Wetland W4, so exisƟng and proposed
stormwater inputs remain in the same general vicinity.

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
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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

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

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