20160511 Ver 1_More Info Received_20160628 (2)

Montalvo, Sheri A
From:[e-mail]
Sent:Tuesday, June 28, 2016 3:08 PM
To:Moore, Andrew W; [e-mail]
Cc:Montalvo, Sheri A; [e-mail]; Leslie, Andrea J
Subject:RE: Request for Additional Information, Hendersonville Publix, Henderson County
(DWR Project # 20160511)
Attachments:0-HENDE_404-401_PCN_COMPLETE.pdf
Andrew/David,

Hope you’re both doing well. Please find the attached revised PCN for the Hendersonville Publix project. Per your
comments below, the following revisions are included in the revised PCN:


As discussed, the revised application is requesting authorization under NWP 14/WQC #3886 (previously NWP
39/WQC #3890) due to impacts associated with roadway improvements required by NCDOT;

Publix North Carolina, LP closed on the property within the past week and half. I have included an agent
authorization letter from Publix authorizing Kimley-Horn to pursue applicable 404/401 permits for the project
site. As discussed in earlier conversations, this is a developer deal between Publix and Tom Vincent, with
Halvorsen Development which carries an agreement between the two entities allowing Halvorsen to act as a
representative for Publix. With that being said, Tom has requested to remain the applicant for the purposes of
obtaining 404 and 401 permits in order to maintain a streamlined approach for Publix. Please advise if this
approach must be revisited in order to provide authorization;

A letter from NCDOT District Engineer, Mr. Steve L. Cannon, PE is included in the revised permit application
explaining the roadway improvements required by NCDOT;

The rip-rap dissipator previously shown at the inlet of the proposed culvert extension has been removed. Culvert
headwalls, stormwater outfall alignment and associated rip-rap apron have been reconfigured to orientate the
outfall downstream and to avoid additional stream impacts to the left bank of Johnson’s Drainage Ditch;

The revised permit application is requesting 35 lf of permanent impacts and 20 lf of temporary impacts in order to
construct the culvert extension.

Thank you both for your patience and cooperativeness through this process. Please review at your convenience and let me
know If you have any other questions or comments following your review.

Thank you,

Chris
Chris Tinklenberg, PWS
Kimley-Horn
Direct: 704 409 1802 | Mobile: [phone]

From:
Moore, Andrew W \[mailto:[e-mail]\]
Sent:
Friday, June 03, 2016 1:03 PM
To:
Tinklenberg, Chris <[e-mail]>
Cc:
'[e-mail]' <[e-mail]>; Montalvo, Sheri A
<[e-mail]>
Subject:
Request for Additional Information, Hendersonville Publix, Henderson County (DWR Project # 20160511)

Chris,
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On May 18, 2016, the Division of Water Resources (Division) received your application dated May 13, 2016, 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 items are
addressed:

1. A review of the Henderson County GIS database indicates Halvorsen Development Corporation is not the current
owner of the property on which the impacts are proposed (Henderson County PIN # 9568832720). Please provide
documentation that Halvorsen Development Corporation is the property owner. \[15A NCAC 02H .0502(f)\]

2. The applicant, Halvorsen Development Corporation, is a corporate entity not registered with the North Carolina
Secretary of State’s Corporation database. North Carolina General Statute 55-15-01 requires that “A foreign
corporation may not transact business in this State until it obtains a certificate of authority from the Secretary of
State.” In addition, 15A NCAC 02H .0502 (a)(3) requires that any corporation applying for Certification must
provide the name and address of the North Carolina process agency. Please provide proof of certification of
authority from the North Carolina Secretary of State. \[15A NCAC 02H .0502 (a)(3)\].

3. The proposed culvert extension appears to attach to an existing North Carolina Department of Transportation
(DOT) culvert within the DOT’s right-of-way. Please provide documentation from the DOT authorizing the
proposed culvert extension within the right-of-way. \[15A NCAC 02H .0502(f)\]

4. This office believes the rip-rap dissipator can be moved or reconfigured to eliminate impact 2. It appears that
there is adequate room to move the dissipator onto higher ground. Please revise the plans to remove the dissipator
and rip rap from the stream channel or provide a detailed explanation of why this activity cannot be practically
reconfigured to better minimize disturbance to the stream.

Note that Water Quality Certification No. 3886 (attached), which corresponds to Army Corps of Engineers
Nationwide Permit 14, contains several conditions regarding rip rap pads. Those conditions are as follows:

a. Condition 15. “…riprap pads etc, shall be installed…so as not to restrict stream flow or cause dis-
equilibrium…”
b. Condition 16. “All rip-rap shall \[sic\] buried and/or ‘keyed in’ such that the original stream elevation and
streambank contours are restored and maintained. Placement of rip-rap or other approved materials shall
not result in de-stabilization of the stream bed or banks upstream or downstream of the area.”

If the rip rap dissipator cannot be removed from the stream channel, please provide a narrative and/or construction
details describing how Conditions 15 and 16 of the Water Quality Certification will be met. \[15A NCAC 02H
.0506(g)\]

Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received within 30 calendar days, of
receipt of this email, the Division will be unable to approve the application and it will be returned. The return of this
project will necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.

You may provide your response via email or mail to the address noted below.

Feel free to contact me if you have any questions.

Andrew W. Moore, P.G.
Environmental Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources

828 296 4684 office
email: [e-mail]
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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.

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