20071505 Ver 5_More Info Received - Email_20170510

Moore, Andrew W
From:
Kaylie Yankura <[e-mail]>
Sent:
Wednesday, May 10, 2017 11:55 AM
To:
Moore, Andrew W; Clement Riddle
Cc:
'[e-mail]'; Leslie, Andrea J
Subject:
RE: Request for Additional Information, McElrath Carolina Investments, LLC, Henderson
County (DWR Project # 20071505 V5)
Attachments:
McElrath Culvert Removal -Revised Fig 3 5-5-17.pdf
Andrew,
Please reference the responses below for additional information concerning the McElrath Carolina Investments, LLC
project in Henderson County.
Section B.3d of the Pre -Construction Notification (PCN) indicates the purpose of the proposed project is to
restore two unnamed tributaries and resolve impacts associated with the unpermitted installation of three
culverts. The project also proposes to re -install two 20 -foot sections of culvert on UT1 and UT2. What is the
purpose of these proposed culverts? (i.e. are they for general site access, a road network, etc...?)
a. The culverted stream crossings will be utilized for general site access. No formal road network will be
associated with these culverted sections or elsewhere on-site.
2. Section B.3e of the PCN and Figure 3 Sheets 1.0, 1.1, and 1.3 indicate that a pump around system will be utilized
on UTI (Upper) and UT1 (Lower). However, no pump around is proposed on UT2. Condition 11.9. of Water
Quality Certification 4087 requires that all work in or adjacent to streams be conducted so that the flowing
stream does not come in contact with the disturbed area. If UT2 is flowing during culvert removal activities, how
does the applicant propose to meet Condition 11.9.?
Please reference the attached/revised Culvert Removal Plan. A pump around system has been added to
the plan for UT2. This system will be utilized when there is flow within the stream.
3. There is potential for disturbed sediment to become mobilized after the streamflow is turned back into the
newly restored channels at the end of each work day. Please provide details for an optional sediment and
erosion control measure that may be placed in the stream channels temporarily to prevent sedimentation to
Little Willow Creek when the streams are turned back into the newly restored channels.
a. The attached Culvert Removal Plan has been revised to include temporary rock silt check dams (Sheet
2.2) that will be installed within the stream channels at the conclusion of each work day.
4. The applicant proposes to remove in -stream sediment from two unnamed tributaries to Little Willow Creek to
resolve a Notice of Violation issued in 2009 to the previous property owner. One of the two locations appears to
be associated with a failing pond outlet structure. How will this structure be stabilized to prevent additional
sediment impacts to the stream channel?
The current property owner is communicating with a contractor to address the failing pond outlet. The
damaged outlet pipe will be repaired in-place using a sleeve. During this process, the water level within
the pond will be drawn down using a siphon and then restored upon completion of the sleeve
installation. A start date for the outlet repair has not been determined, however, once the outlet is

repaired and stabilized, sediment removal activities can begin on the stream located below the pond
outlet.
Please contact me if you have any questions or concerns.
Thank you,
Kaylie
CLear\A/ater
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
[e-mail]
From: Moore, Andrew W [mailto:[e-mail]]
Sent: Wednesday, May 03, 2017 4:47 PM
To: Clement Riddle <[e-mail]>; Kaylie Yankura <[e-mail]>
Cc: '[e-mail]' <[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: Request for Additional Information, McElrath Carolina Investments, LLC, Henderson County (DWR Project #
20071505 V5)
Clement and Kaylie,
On April 18, 2017, the Division of Water Resources (Division) received your application dated April 14, 2017, requesting a
401 Water Quality Certification from the Division for the subject project. The Division has determined that your
application is incomplete and cannot be processed. The application is on hold until all of the following items are
addressed:
1. Section B.3d of the Pre -Construction Notification (PCN) indicates the purpose of the proposed project is to
restore two unnamed tributaries and resolve impacts associated with the unpermitted installation of three
culverts. The project also proposes to re -install two 20 -foot sections of culvert on UT1 and UT2. What is the
purpose of these proposed culverts? (i.e. are they for general site access, a road network, etc...?)
2. Section B.3e of the PCN and Figure 3 Sheets 1.0, 1.1, and 1.3 indicate that a pump around system will be utilized
on UTI (Upper) and UT1 (Lower). However, no pump around is proposed on UT2. Condition 11.9. of Water
Quality Certification 4087 requires that all work in or adjacent to streams be conducted so that the flowing
stream does not come in contact with the disturbed area. If UT2 is flowing during culvert removal activities, how
does the applicant propose to meet Condition 11.9.?
3. There is potential for disturbed sediment to become mobilized after the streamflow is turned back into the
newly restored channels at the end of each work day. Please provide details for an optional sediment and
erosion control measure that may be placed in the stream channels temporarily to prevent sedimentation to
Little Willow Creek when the streams are turned back into the newly restored channels.
4. The applicant proposes to remove in -stream sediment from two unnamed tributaries to Little Willow Creek to
resolve a Notice of Violation issued in 2009 to the previous property owner. One of the two locations appears to
be associated with a failing pond outlet structure. How will this structure be stabilized to prevent additional
sediment impacts to the stream channel?

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application.
If you have any questions, do not hesitate to call me.
Andrew W. Moore, P.G.
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.