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HomeMy WebLinkAbout20051511 Ver 1_NOV Response_20050809CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. August 8, 2004 Mr. Roger Edwards Water Quality Regional Supervisor 2090 U.S. 70 Highway Swannanoa, North Carolina Ms. Rebekah Newton US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 RE: The Settings NOV-2004-SP-0004 Buncombe County, North Carolina Dear Mr. Edwards 20051511 This letter is prepared in response to a Notice of Violation sent by the NC Division of Water Quality (DWQ) dated July 1, 2005 and our subsequent site visit with DWQ personnel to The Settings (Figure 1) in Buncombe County, North Carolina on July 19, 2005. As discussed in our site meeting, we have attached an application for a Section 404/401 Nationwide Permit 39 for temporary and permanent impacts associated with the new development. We believe that the information as discussed below and in the application adequately address the DWQ concerns. NCDWQ: while investigating a water quality complaint, Mr. Kevin Barnett and Mr. Larry Frost of the Asheville Regional office of the Division of Water Quality discovered that culverting (for road access) and fill (to create fords in the stream). Had occurred in unnamed tributaries to Camp Branch (classified C, Trout), without first obtaining a Section 404 Permit from the US Army Corps of Engineers (USACOE) and a Section 401 Water Quality Certification from the NC Division of Water Quality (Section 404 and 401 are part of the Clean Water Act). The Settings in Black Mountain is a residential community on approximately 400 acres in Black Mountain. The applicant has not installed a_y culverts on the property. Studies of streams and wetlands conducted in September 2004, before they purchased the property, 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com revealed four culverts in place. As observed in our site visit on the July 19, 20005, these culverts are of considerable age. The four existing culverts are all of inadequate size and will be removed from the streams and replaced by half-pipe bridges. The existing roads on- site also utilized 6 ford crossings of the streams. The applicant did enhance the fords without a permit application using filter fabric and stone to prevent erosion of the stream channels. The attached application accounts for these temporary crossing and the attached details indicate the method of construction. These temporary ford materials will be removed upon competition of the half-pipe bridge crossings. As requested by Mr. Kevin Barnett and Ms. Rebekah Newton the attached application also accounts for the build-out of the subdivision. Future impacts proposed in the application include six driveway culverts. The total proposed permanent impact associated with the project is 149 linear feet of stream. Please note that the streams on-site are unnamed tributaries to Camp Branch which is classified as C waters. NCDWQ: (1) You will be required to either remove all of the unpermitted in-stream structures installed on the property, or upon the issuance of a permit from the USACOE and a general certification from the DWQ for appropriate impacts of this stream segment for the proposed development. We have attached an application for the existing ford crossings and future proposed driveway impacts. (2) As the stream-side buffers have been impacted, all stream segments exclusive of any necessary crossing corridors must be replanted in appropriate vegetation to a distance of 2S feet on either side of the stream. Clearing has been limited to the required road crossing corridors. Where existing culverts are being removed, the stream banks are being restored and replanted with native vegetation and some in-stream structures (cross veins) are being constructed. (3) All excavated rock from the stream channel must be hand placed back in the channel (This includes all of the stone laced under the fiber matting installed stream- side onsite.) All unpermitted fill rock must be hand removed from the channel until such a time that all appropriate federal and state approvals are obtained. The Applicant will comply with the articulated standard and will accept a permit condition denoting the same. (4) Fiber matting must be placed along all streams and be properly toed in at the stream/bank interface so that erosive stream velocities do not flow under the matting. The Applicant will comply with the articulated standard and will accept a permit condition denoting the same. The applicant believes that issues raised by the DWQ regarding the proposed development have been addressed in this submittal to the DWQ and USACOE. Accordingly, the applicant asks that the USACOE and DWQ issue the requested 404 permit and 401 Certification. Should DWQ or the USACOE feel any additional information or clarification of information provided is required, please contact the undersigned at 828-698-9800. Sincerely, R. Clement Riddle, P.W.S. Principal