20051511 Ver 1_NOV Response_20050809

CLEARWATER 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: [phone] Fax: [phone]
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