20051216 Ver 3_Corps Permit Condition Clarifications_20140625

REPLY TO
AI MONM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
June 6, 2014
Regulatory Division
Action ID: SAW - 2010 -00378
Mr. Nathan Bennett
Yancey County Manager
County Courthouse Room 11
Burnsville, North Carolina 28714
Dear Mr. Bennett:
On June 2, 2014, staff from the Asheville Regulatory Field Office met with you and
Messrs. Jamie McMahon from the Yancey County Planning Office, Harry Buckner, P.E., of
McGill Associates, and Forrest Westall, P.E., of McGill Associates to answer questions and
discuss issues relating to the Biological Opinion (BO) prepared by the U.S. Fish and Wildlife
Service (Service) for the East Yancey Water and Sewer District's (EYWSD) Wastewater
Treatment Plant and Collection System project located east of Burnsville in Yancey County,
North Carolina. The purpose of this correspondence is to provide clarification on issues that
were discussed.
Issue 1- What constitutes a bankfull event?
Terms and Conditions #4 (p.24) states that, "Monitoring should be conducted after storm
events that result in bank -full flow for a period of 2 years." The Corps defines Bankfull
Stage in the current version of its Stream Mitigation Guidelines (April 2003) as:
The point at which water begins to over flow onto its floodplaila. This may or may not be
at the top of the stream bank on entrenched streams. Typically, the bankfull discharge
recurrence interval is between one and two years. It is this discharge that is most
effective at moving sediment, forming and removing bars, shaping meanders and
generally doing work that results in the moiphological characteristics of channels.
(Dunne and Leopold, 19 78)
Streambank monitoring for destabilization at the outfall location and/or sewer line
crossings are required when conditions described in the above definition are met within
the reach where the outfall and/or the respective crossings are located.

Issue 2 — Establishing the stream reach for longitudinal profile monitoring and cross - section
stations within the South Toe River - Terms and Conditions #5.
EYWSD will submit a location map, drawing, and/or plan view depicting the stream reach
designated for longitudinal profile monitoring and cross- section stations to both the Corps
and the Service for approval prior to morn menting these locations.
Issue 3 — What.event(s) trigger re- initiation of Endangered Species Act Section 7 consultation as
discussed in Terms and Conditions #5?
Terms and Conditions #5 (p. 26) states that, "Because the destabilization of the stream
channel could adversely modify occupied critical habitat for the Appalachian elktoe, the re-
initiation of Section 7 consultation will be required." EYWSD staff shall coordinate with
both the Corps and the Service, when they determine any channel destabilization at the
outfall location. Re- initiation of Section 7 consultation is required prior to EYWSD
undertaking maintenance or repair work in the channel related to the outfall structure.
Normal changes to stream pattern, dimension, and profile away from the outfall location
and resulting from regular and irregular flow rates will not require consultation.
Issue 4 — Re- vegetating disturbed areas.
Terms and Conditions #6 requires re- vegetation and stabilization to disturbed areas within
48 hours using "native species." The "native seed mix" discussed in project plan sheets
satisfies the native species requirement. In instances where trees and saplings are absent
prior to construction activities, the planting of trees and saplings post construction is not
required. However, EYWSD is encouraged to plant native trees and shrubs along the main
stem of the South Toe and its tributaries whenever possible in an effort to restore and
conserve riparian buffers (Conservation Recommendations #3, p. 26).
Issue 5 — Visual monitoring and photo - documentation.
All monitoring efforts will include a narrative description and corresponding photo
documentation in order to assess channel aggradation or degradation, bank erosion, success
of riparian vegetation, effectiveness of erosion control measures, presence or absence of
instream bar development, and changes depicted in longitudinal profile and cross - section
surveys.

We appreciate your willingness and efforts to keep this project moving forward. Now that
formal consultation has concluded, Department of the Army authorization for the project will
proceed shortly. Should you have any additional questions regarding the information presented
above or in general, please do not hesitate to contact either Ms. Tasha Alexander or me at (828)
271 -7980.
Sincerely,
<� �0—�_
Scott Jones, P.
Asheville Regulatory Field Office
Regulatory Division
Wilmington District
Copies Furnished:
Mr. Jamie McMahon
Yancey County Planner
County Courthouse Room 11
Burnsville, North Carolina 28714
Mr. Harry Buckner, P.E.
McGill Associates
Post Office Box 2259
Asheville, North Carolina 28802