20081000 Ver 1_More Info Received_20080724

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.

July 23, 2008

Mr. Ian McMillan
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 D d,

RE: Request for More Information ,JUL 2 4 2008
Chimney Laurel
Buncombe County, North Carolina WETLANDS a14D sTORMWA~R BRANCH
DWQ Project # 08-1000

Dear Mr. McMillan,

Please reference the "Request for More Information" July 7, 2008 sent by the North
Carolina Division of Water Quality (DWQ) in response to the after-the-fact permit
application submitted by C1earWater Environmental Consultants, Inc. (CEC), on behalf
of Ms. Darlene Flynn and RUKH Asheville Properties, LLC. The permit application
requested written authorization for the impacts associated with development of a
residential subdivision. The DWQ determined that the application was incomplete and/or
provided inaccurate information and requested nine additional items for review. These
items will be discussed below.

1. "Please provide documentation that the USACE will be processing this permit
application as a Nationwide 29 Permit and not an Individual Permit."

On July 18, 2008, CEC spoke with Mr. Tom Walker of the USACE Asheville
Regulatory Field Office. Mr. Walker indicated that the USACE would be
processing the permit application as Nationwide 29 Permit. He also indicated that
he would send an email to you, Ian McMillan, documenting the USACE's
intention to process the permit as a Nationwide.

2. "Please locate your property on the most resent bound and published county soil
survey and the USGS 1:24,000 topographic map."

The Chimney Laurel project site is located on the Craggy Pinnacle USGS
topographic quad. A portion of this quad, with the project site identified, was
included as Figure 2 in the after-the-fact permit application package.

718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv,com

The Chimney Laurel project site is located in Buncombe County. Buncombe
County does not have a bound and published county soil survey. A soils map
generated from the Buncombe County GIS, with the project site identified, was
included as Figure 4 in the after-the-fact permit application.

3. "Please re-submit your site plans on full plan sheets at a scale of no smaller than I "
= 50' with topographic contours shown."

Site plans for the project were included in the after-the-fact permit application as
Figures 3A - 3E. Figure 3A is an overall map of the site and was therefore not at
the 1" = 50' scale. Figures 3B - 3E, which show the impact areas, are at a scale
of Y' = 50' as indicated on each map. Pre- and post construction contours are
clearly shown on Figures 3B - 3E.

4. "Please provide cross section details showing the provisions for aquatic life passage."

A cross section detail showing the provisions for aquatic life passage was
inadvertently omitted from the after-the-fact permit application. This detail has
been included for review as Figure 5 and should be attached to the after-the-fact
permit application; Figures 1 - 4 were included in the original submittal. This
detail (Figure 5) only applies to Crossing D. Due to steep topography at the site,
Crossings A through C would require blasting through bedrock and removal of
structural components of the road (i.e. fill slopes, road surface, road bed material)
to ensure aquatic life passage.

5. "Please indicate proposed lot layout as an overlay on the site plan with roads located
as well."

Site plans for the project were included in the after-the-fact permit application as
Figures 3A - 3E. The lot layout and lot lines, with corresponding lot numbers,
are shown on all impact maps. The road layout is also identified on all impact
maps.

6. "Please indicate all stream impacts including all fill slopes, dissipaters, and bank
stabilization on the site plan."

Site plans for the project were included in the after-the-fact permit application as
Figures 3A - 3E. Crossings A-D are the only impacts that have taken or will take
place on site. Crossings A-C include fill slopes and outlet protection as indicated
on the site plans. Fill slopes and outlet protection for Crossing D have been
included for review as Figure 6 and should be attached to the after-the-fact permit
application.

7. "Please locate all isolated or non-isolated wetlands, streams, and other waters of the
State as overlays on the site plan."

All streams and wetlands on the site have been indicated on the Chimney Laurel
Stream and Wetland Map, which was included in the after-the-fact permit
application as Sheet 1 in Appendix C. The road layout is also shown on this map.
This information was not provided as an overlay on the site plan map for several
reasons beyond CEC's control. Prior to working with McGill and Associates
(McGill), Ms. Darlene Flynn was working with another engineering firm in the
Asheville area. As a result of the DWQ "Notice of Violation" issued on
November 14, 2007, Ms. Flynn released the engineering firm of their duties
associated with Chimney Laurel and retained McGill to handle civil engineering
for the site and any future site plan needs. Ms. Flynn and McGill were unable to
obtain the original electronic files containing the site plans and associated DWG
files. Because of this, McGill and CEC have been forced to work with image files
and PDFs, which are not easily manipulated and cannot be combined. All
pertinent information has been included in the after-the-fact permit application;
however, it may require the review and comparison of two maps simultaneously
to understand the project site as a whole.

8. "Your proposed stream crossing at Site D appears to be aligned at approximately 55°.
Please re-configure your proposed stream crossing to show it aligned approximately
perpendicular (between 75° and 105°)."

Because details for Crossing D were not included as a part of the original site plan
and a PDF of the site plan is all that is available, McGill is limited in the ability to
visually change the site plan maps. Manipulation of the PDF map is not possible.
Details of this crossing, including the pipe location and grading, were hand drawn
to the best of the engineers ability given limited resources to work with. Because
details of this crossing are all hand drawn, there are minor discrepancies in the
details that would not present themselves in a computer-generated map; the angle
of the pipe is one of these discrepancies. CEC and RUKH Asheville Properties,
LLC invite a member of the DWQ Asheville Regional Office to visit the site to
review this crossing in the field to ensure an angle acceptable to DWQ is
achieved. Ms. Linda Wiggs of the DWQ Asheville Regional Office has been to
the site on many occasions and may be familiar with this particular crossing.

9. "Please discuss how all lots will be accessed."

After a discussion with you, Ian McMillan, on July 14, 2008, the concern for lot
access was limited to lots 9 and 15. Lots 9 and 15 will be accessed via a shared
driveway, which is clearly labeled as "Shared Drive for Lots #9 & #15" on Figure
3A in the after-the-fact permit application. Crossing B is associated with this
shared driveway.

The information submitted in this package addresses all issues set forth in the "Request for
More Information" letter. CEC recognizes that the impact maps submitted with the after-
the-fact permit application are not optimal; however, McGill and CEC compiled the best
application package possible given limited access to a site plan and no access to the original
electronic copy of the site plan done by the original engineers hired for the project. It is also
important to note that many of the requested items were included in the after-the-fact permit
application and were not omitted as suggested by the "Request for More Information" letter.
CEC respectfully requests that the DWQ take into account the history of this project, which
was discuss with you, Ian McMillan, on July 14, 2008, and use discretion when reviewing
this project.

CEC believes the totality of this information allows DWQ to conclude that the applicant
has addressed concerns and recommendations in the letter. RUKH Asheville Properties,
LLC respectfully requests that the DWQ issue the requested 401 certification.

Should you have any questions or comments concerning this project please do not hesitate
to contact me at 828-698-9800.

Sincerely,

4 Rebekah L. Newton R. (lement Riddl , .W .S.

Project Biologist Principal

Cc: Ms. Linda Wiggs; NC Division of Water Quality - Asheville Regional Office

3 E F) r,

N", i'dCRK 3E UN-'EUAK-N 'NIT;-1t'v
I :.I.; 'NIL NTH

CLEARWATER
Chimney Laurel Environmental Consultants, Inc. Culvert Typical
Buncombe County 718 Oakland Street Figure 5
North Carolina Hendersonville, NC 28791
828-698-9800

ifl PROJECT:
PROJECT NO.:
McG
DESCRIPTION: P<F'F i\: CU L f _ . ` :F C_~ 1~)` }
A S S O C I A T E S

Engineering Planning • Finance CALCULATED BY: V-kAH CHECKED BY:
McGill Associates, P.A. P.O. Box 2259, Asheville, NC 28802 Broad Street, Asheville, NC 28801 828-252-0575 Fax [phone] DATE: ' I 'CE-
55 : SHEET NO. OF

p~fl
1n 1
I

(>LI
V D N(1g C>,
1 e5 1

i

I i
i '
I
L i I .1
I
:
i
...._.L-. I - i.. I_.._
I .
1 I ~ I
I
:
, : 1 ~ I I I ! I i i t
I I I I ~ I 1 ~ ! I i
L. ..i _ I
I
,
,
,
' I
I
1 i
,
I I 1 ~ i
j
I
I.
I
:
Figure 6A

i

r - _r - - - R-COVIw/,ENDATIONS OF
WITH H APPLICATION FOR
AREAS WITH A NATI
STEEPER THAN A %H:1
CERTIFIED BY A GEOTE,
GLOB 1,L STABILITY h
1-7 A 30% OR GREATER S_
_-0.4-9 _ -`3-
ALL ROADSIDE DITCI-
0. 3 '5 c OR APPROVED EQUAL
t -
_DIIv~~ f~ I
0.7 EROSION & SC
ALL DISTURBED S- 0
cv C125BN FATTING OR A
io 6. EROSION CONTROL
Mi~EASURES REQUIRED. I
ADDITIONAL MEASURES
N V TE
SEE SH
0.271 0
.8 1
1.0

~F
- / / `2.82 ac ! i

Q=2,6 CP

COCO) ~ D2 1.63 ac

/0.55
25
2.45
Cl,

o Figure 6B

l":=509