20201025 Ver 2_More Information Received_20210812

Staff Review Form
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
6* Yes r No
ID#* Version* 2
20201025
Is this project a public transportation project?*
r Yes
r No
Reviewer List:* Sue Homewood:eads\slhomewood
Select Reviewing Office:*
Winston-Salem Regional Office - [phone]
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Project Submittal Form
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mandatory questions are answered.
Project Type:*
✓ For the Record Only (Courtesy Copy)
✓ New Project
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✓ Pre -Application Submittal
✓ Re-Issuance\Renewal Request
✓ Stream or Buffer Appeal
Is this supplemental information that needs to be sent to the Corps?*
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Project Contact Information
Name: Tyson Kurtz
who is submitting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #:
20201025
20170001 (no dashes)
Project Name: 011is Waste Area Expansion
Is this a public transportation project?
✓ Yes
6* No
Existing Version:
2
1
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
✓ Yes r No r Unknown
County (ies)
Avery
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011is Waste Area Expansion SAW-2011-01762 _
DWR Project No. 20201025 Add Info Response 4.02MB
8.12.21.pdf
Only pdf or krrz files are accepted.
Describe the attachments
or comments:
The USACE requested additional information based on the submitted Individual Permit application. The DWR
required a copy of the response to comments. The submitted file is the email and attachments that were sent
to the USACE in response to their comments.

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certification request within the applicable reasonable period of time.
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From: Tyson Kurtz
To: Fuemmeler, Amanda J CIV (USA); Homewood. Sue
Cc: Jeffrey Ferguson; [e-mail]
Subject: RE: 011is Waste Area Expansion SAW-2011-01762 / DWR Project No. 20201025
Date: Thursday, August 12, 2021 3:22:00 PM
Attachments: S4 photolog - reduced.pdf
Updated S4 - INT NCSAM.pdf
OL2B - lof2 crosssection Revised.pdf
Ama nda,
The following information is in response to the July 1, 2021 Additional Information Request email
received by the Corps. I labeled Amanda's comments "1" and "2" in the previous email (below) for
reference.
1. I revisited NCSAM form for S4 and compared it to the field forms and noted some answers
that did not apply to the stream reach. The following changes were made to correct the
initial inadvertent mistakes:
• Fixed stream name to S4. Formerly stated as S2 (error)
• Checked "Intermittent" box in the Site Information box. Was checked
"perennial".
• Unchecked answers to Questions 1, 13, 14. These questions don't apply to size 1
streams or B-type valleys.
• Question 12 had >1 caddisflies and stoneflies checked. Despite this section
being greyed out because an aquatic life assessment was not performed, it was
affecting the overall rating. I unchecked the caddisfly and stonefly boxes, re-
checked the "aquatic life assessment was not performed" box, and that
triggered the overall score to change from "Medium" to "Low".
Going through each individual question, you can see that the stream is in very poor
condition. The answers to questions 2, 3, 4, 5, 6, and 10 are the worst -case scenario. The
only category that rated "High" was the "Stream -side Habitat" due to the presence of a
forested buffer. I have attached a photo log that includes all the photos of S4 taken
during the NCSAM evaluation to provide additional evidence of the stream's poor quality
and function. There was a thin layer of surface water at the top end of S4 where it drains
out of the basin wetland; however, it was frozen solid and unavailable to sample for
aquatic life during the NCSAM. A 1:1 mitigation ratio is still respectfully requested due to
the poor quality of the stream and minimal function it provides. ClearWater is available
to meet on site to walk S4 and walk through the NCSAM, if needed.
2. Sibelco has agreed to both proposed options.
a. The outlet pipe from OL-2B basin has been reoriented to discharge water
farther upstream on S3. The intake on the outlet pipe has not changed location.
The layout for the revised basin is attached and should replace Sheet 1 of the
OL-2B detail sheets in Appendix E of the IP application. Without a total redesign
of the basin (which would likely reduce detention time), it is not practicable to

discharge the water any farther upstream on S3 without compromising
retention time needed for water clarification.
b. A pressure transducer will be installed on the reach of S3 between Brushy
Creek Road and the OL-2B basin outlet pipe. The pressure transducer will
continuously record water level in the stream. The transducer will be installed
one year prior to the start of construction to obtain baseline data. The
monitoring will continue through the duration of the project and will remain for
one year after removal of the adjacent stormwater basins. Annual monitoring
reports, including a graph of water level and precipitation data, will be
submitted to the Corps and DWR.
Feel free to let me know if you have any questions regarding these responses or the permit request.
Sue — I will submit this in the NCDEQ project portal as an Additional Information document.
Thank you,
Tyson Kurtz
CLearWaer
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Office: 828-698-9800 ext. 302
Mobile: [phone]
[e-mail]
WWW.CWENV.COM
From: Fuemmeler, Amanda J CIV (USA) <[e-mail]>
Sent: Thursday, July 01, 2021 1:08 PM
To: Tyson Kurtz <[e-mail]>; Homewood, Sue <[e-mail]>
Cc: Clement Riddle <[e-mail]>
Subject: RE: 011is Waste Area Expansion SAW-2011-01762 / DWR Project No. 20201025
Thanks Tyson. I've taken a look again/refreshed my memory and still have some
questions/comments from the last go around that Sue may have as well:
-Regarding your request for a 1:1 mitigation ratio for the intermittent stream impacts, that
determination is based on stream quality and function which from what I can tell from your forms
rated as a Medium (and that ratio can range from 1:1 to 2:1 typically). Obviously there is a
range/some subjectivity to determining this ratio but the justification that this increased ratio/cost
would prohibit other stream relocation initiatives on other parts of the mine can't be considered. If
you have any pictures you could forward of the stream that I can review with the NCSAM form to
help address this issue/discuss further or I can try and schedule another site visit to take a look/make
a final decision.
-Regarding my concerns and your response about the stream being dewatered next to the last/most
downstream stormwater basin, you proposed to monitor to determine if hydrology is affected (see
excerpt from the application with my comments/and your response...)

"Sibelco is proposing to visually monitor the reach of S3 that is in question of drying up. Visual
monitoring will be analyzed to ensure that hydraulic flow and function is such to maintain biological
integrity and provide passage for aquatic life. Monitoring activities will start prior to construction of
OL-2 and continue quarterly for one year post
construction. A memo will be provided to the US Army Corps of Engineers with the monitoring
results. If the 610LF of S3 does not continuously flow with water for one year (or sooner) following
construction of OL-2, Sibelco will change the output of Basin OL-2 to discharge into S3 near the top
end of S3 below Brushy Creek Road."
I have some issues/concerns with this approach that would probably be best to talk through but my
initial thoughts are that I'm not opposed to monitoring but interpreting those visual results with not
enough baseline data for comparison can be tricky/un-conclusive and very weather dependent. If we
agree to monitoring then the period pre and post construction should be longer and more
quantitative. You also seem to mention that there could be the option to relocate the outfall to
address any negative effects pending monitoring results. Seems like it would be easier/cheaper just
to do that now so please provide some clarification as to why this couldn't be done now versus later
and just avoid this whole issue entirely.
Amanda
828-271-7980 ext. 4225
From: Tyson Kurtz <tyson( cwenv.com>
Sent: Monday, June 14, 2021 3:35 PM
To: Homewood, Sue <sue.homewoodPncdenr.gov>
Cc: Fuemmeler, Amanda J CIV (USA) <Amanda.JonesPusace.army.mil>
Subject: [Non-DoD Source] 011is Waste Area Expansion SAW-2011-01762 / DWR Project No.
20201025
Good afternoon Sue and Amanda,
I just re -submitted the IP application for the 011is Waste Area project in Avery County due to 15A
NCAC 02H Section .1400 being in effect. I have attached a copy of the submitted application (20MB
is the smallest file size I could get) for your review. A couple of the last few projects I have submitted
through the DEQ project portal did not make their way to the Corps. If the same things happens
again, I can submit to the AshevilleNCREG email.
Thank you,
Tyson Kurtz
Ci-earWaLer
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Office: 828-698-9800 ext. 302
Mobile: [phone]
[e-mail]
WWW.CWENV.COM