20170635 Ver 2_Pre-Filing Meeting Request_20200924

ID#* 20170635
Version* 2
Regional Office* Asheville Regional Office - [phone]
Reviewer List* Kaylie Yankura
Pre -Filing Meeting Request submitted 9/24/2020
Contact Name *
Contact Email Address*
Project Name*
Project Owner*
Project County*
Owner Address:
Tyson Kurtz- ClearWater Environmental Consultants, Inc.
[e-mail]
Scherer Culvert Removal
William Scherer
Transylvania
Street Address
633 S Federal I vvy
Address Line 2
aty
Fort Lauderdale
Rbstal / Zip Code
33301
Is this a transportation project?* r Yes r No
State / Province / Region
FL
Country
United States
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
r- Individual Permit r- Modification
r- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Please list all existing project ID's associated with this projects.*
NOV-2017-PC-0042
Do you know the name of the staff member you would like to request a meeting with?
Kaylie Yankura or Kevin Mitchell
Please give a brief project description below.*

The project site was previously issued a NOV from NCDWR on March 7,
2016 (NOV-2017-PC-0042) and an UA from the USACE on March 6, 2017
(SAW-2017-00423). A corrective action plan was submitted to both
agencies on April 19, 2017 (attached). The culvert on Steel Creek that was
identified as being in violation, has been removed. An after -the -fact permit
is being requested for two existing culverts (on UTs to Steel Creek) that are
necessary for access to the subject property.
Please give a couple of dates you are available for a meeting.
10/19/2020
Please attach the documentation you would like to have the meeting about.
McGill 2017 Corrective Action Plan.pdf 767.68KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 9/24/2020
Reviewer Meeting Request Decision
Has a meeting been scheduled?* r Yes r No

CORRECTIVE ACTION
PLAN
NOV-2017-PC-0042
BLACK BEAVER ROAD PROJECT
Brevard, NC
Prepared for:
NCDEQ — Division of Water Resources
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778-8211
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
April 19, 2017
R&S 1812446_1

April 19, 2017
Kevin Mitchell
NCDEQ — Division of Water Resources
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778-8211
Dear Mr. Mitchell and Mr. Brown:
David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Re: Corrective Action Plan
Black Beaver Road Project
Brevard, NC
Mr. Scherer and his attorney, in conjunction with McGill Associates, P.A., have
prepared the attached Corrective Action Plan in response to a NC DWR Notification of
Violation NOV-2017-PC-0042 (3-7-16) and USACE Notice of Unauthorized Activity
SAW-2017-00423 (3-6-17).
If there are any questions regarding this Corrective Action Plan, please contact the
undersigned at your convenience. We appreciate your assistance in working toward full
resolution of this matter.
Sincerely,
Candace A. Mance
Conrad and Scherer, LLP
Cc: Zan Price, NC DWR
William Scherer
William Clarke
Mark Cathey, PE, McGill Associates
John Vilas, McGill Associates
R&S 1812446 1 Page 2 of 12

TABLE OF CONTENTS
SECTION 1. INTRODUCTION
SECTION 2. SITE STABILIZATION PLAN
SECTION 3. SEDIMENT REMOVAL PLAN
4
5
5
SECTION 4. REGULATORY COMPLIANCE PLAN 8
SECTION 5 FINAL REPORT
TABLES
Table 1. Sediment Impacts — Steel Creek and UT —Steel Creek
Table 2. Sediment Impacts — Channel Braids and Wetlands
FIGURES
Figure IA Sediment Impacts Map — UT -Steel Creek & Upper Steel Creek
Figure 1 B Sediment Impacts Map — Lower Steel Creek
Figure 2 404 Impacts Map
ATTACHMENT
Site Stabilization Plan
8
R&S 1812446_1 Page 3 of 12

SECTION 1. INTRODUCTION
The Black Beaver Road Project is an approximately 19.3-acre tract of land (parcel IDs
8593-64-2665-000 and 8593-74-0366--000) on Black Beaver Road and Steel Creek Road
in Brevard, Transylvania County, North Carolina (the "Property"). The Property is owned
by William Scherer.
Mr. Scherer initiated the project for the harvesting of timber on the tracts. He contracted
with Jeremy Whitesides d/b/a Richland Creek Timber. Timber removal and land clearing
began in the fall of 2016. Prior to the removal of any timber, Mr. Scherer and Richland
Creek Timber (Mr. Whitesides) consulted with the North Carolina Forest Service regarding
Best Management Practices for the logging operation including the placement of culverts
in Steel Creek. The logging operation utilized BMP's recommended by the NC Forest
Service.
After the logs were cut and stumps removed, grass was planted. Mr. Scherer raises horses
on his Steel Creek property. He intends to replant some trees in steeper areas and utilize
the remaining cleared area as pastures.
Heavy rains in the late winter and early spring of 2017 caused significant erosion on the
Property. Following inspections of the site on February 28 and March 2, 2017, the North
Carolina Division of Water Resources (DWR) issued a Notice of Violation and
Recommendation for Enforcement on March 7, 2017. The US Army Corps of Engineers
(USACE) issued a Notice of Unauthorized Activity on March 6, 2017. Candace Mance of
Conrad and Scherer responded to the NOVs on March 24, 2017. On March 29, 2017, Mr.
Scherer, representatives from McGill Associates and counsel for Mr. Scherer, met with
representatives of DWR and USACE on the Property. Impacts were inspected, the
placement of temporary in -stream measures to control sediment were discussed as well as
the removal of sediment from the streams and delineation of wetlands.
There were several significant rain events in the days after the March 29 meeting. Mr.
Scherer and the Richland Creek contractors augmented by a crew employed by Mr. Scherer
worked diligently to install and maintain temporary measures and to clean out some
existing measures designed to retain sediment. Those measures have been and are being
maintained. Grass is growing on the site.
This Corrective Action Plan is in response to items discussed during the March 291h
meeting. Mr. Scherer and his attorney, in conjunction with McGill Associates, P.A., have
developed a Corrective Action Plan (CAP) which includes a Site Stabilization Plan,
Sediment Removal Plan, and a Regulatory Compliance Plan.
R&S 1812446 1 Page 4 of 12

SECTION 2. SITE STABILIZATION PLAN
Efforts to stabilize the site have been on -going since the first large storm event resulted in
significant sediment impacts to Steel Creek and associated tributaries. These efforts include
construction of sediment traps, installation of silt fence, seeding and placement of erosion
control mats. To date, portions of the site have developed healthy stands of grass and other
areas show signs that grass is growing rapidly, but stabilization efforts are ongoing.
Multiple heavy storm events in late March and early April caused some constructed
measures to fail, but the Owner has maintained a contractor on -site to make repairs and to
implement improvements and new measures recommended by McGill Associates. McGill
has been onsite multiple times to answer erosion control questions and describe required
erosion control changes.
McGill Associates has conducted a topographic survey of the site and developed a Site
Stabilization Plan to address all disturbed areas on the site. A copy of this Plan is included
as an attachment to this CAP. The plan includes multiple sediment basins with riser outlets,
skimmer drains, riprap dissipaters, and emergency overflow weirs. Drainage from
disturbed areas is routed to basins by a network of diversion ditches, some stabilized with
riprap due to high shear stresses expected. Where sediment basins need to be supplemented
with additional measures, sediment traps and silt fence have been specified. Silt fence has
also been specified along the stream buffer to trap any remaining sediments, and for a
visual reminder as to the stream buffer location. In addition, specifications for seeding and
permanent stabilization are included in the plan (Attached). While topographic survey was
obtained, geotechnical borings were not completed, therefore field conditions may alter the
final placement of site stabilization (i.e. presence of bedrock may shift sediment basin
locations), but sizing calculations and details will remain intact as the stabilization plan is
executed. McGill Associates will continue to be available to answer contractor questions
and provide periodic oversight during construction of the plan.
SECTION 3. SEDIMENT REMOVAL PLAN
This section will address the requirement to evaluate the amount of sediment deposited in
the stream and describe a plan to remove sediment impacts onsite and downstream of the
site.
SECTION 3.1
EVAL UATION OF IMPACTS
McGill Associates biologists visited the site on April 4 and April 7, 2017 to assess the
sediment impacts to streams and wetlands both on and off the site. The attached
Sediment Impacts Map (Figures l A and 1 B) shows the extent of streams and wetlands
R&S 1812446_1 Page 5 of 12

with sediment impacts between the upper end of the Black Beaver Road site and the
Sequoyah Woods lake. Total length of stream channel involved is approximately 2,000
linear feet. The average slope of the affected streams is greater than 5% and typical
channel morphology can be described as step -pool with sections of riffle -pool and
occasional steep bedrock controlled sections.
Sediment deposition throughout the evaluated reach was concentrated in pools with
riffle deposits limited to eddies, inner -berm features and low banks. There are numerous
channel fragments, braids, and small riparian wetlands that are impacted by sediment as
well. The measurement of sediment impacts was focused on pools. The location of each
pool is shown on Figures ] A and 1 B. Multiple sediment depth measurements were
taken at each pool. Table 1 provides pool length with maximum and average sediment
depths for each. Table 2 summarizes the area of channel braids and wetlands impacted
by sediment deposition. Photos were taken of the assessment areas during data
collection.
ION 3.2 SEDIMENT REMOVAL STREAMS AND WETLANDS
Sediment removal from Steel Creek and UT -Steel Creek will be accomplished using
manual labor "bucket crews". We feel that this technique will be the most cost effective,
have the least impact on the streams, and will require the least amount of time to
mobilize the effort. Sediment deposits in wetlands and abandoned channel fragments
will be removed using the same methods as indicated for the streams.
MANPOWER & TOOLS
Labor "Bucket" Crew
- 6-12 Laborers with shovels and buckets
- 2 Supervisors (McGill Assoc., Owner Representative)
- 1 Skid -Steer Loader or Tractor w/ Front End Loader (1 operator)
- 1 Dump Truck (1 operator)
- ATV with dump bed to transport off -site sediment back to site
- Water pump of sufficient size to divert flow around work area
We estimate that 5 work days will be required to complete the stream sediment removal
operation and 2 additional days to remove sediment from wetland areas not immediately
adjacent to the streams. The sediment removal operation will be observed and
documented by a McGill Associates representative to make sure that the sediment
removal is done in accordance with the plan, and to collect the information needed for
the final report. The sediment removal operation will move from upstream to
downstream.
R&S 1812446 1 Page 6 of 12

Sediment removal activities will be conducted in the dry, to the maximum extent
practicable, through the use of a pump around operation to limit flow volume during
work. This will mitigate further downstream migration of sediment, enhance visibility
of the stream bed, and increase the amount of sediment that can effectively be removed.
An effort will be made to move any stranded fish upstream of the work area. Typical
hand tools are proposed for the bucket crews in the form of shovels and five gallon
buckets for sediment removal. Sediment will then be deposited in a front-end loader
bucket or ATV dump bed for transport to a disposal area. McGill Associates personnel
supervising sediment removal activities will determine when each segment is
sufficiently cleaned and the pump around operation can be moved downstream.
While sediment deposits have been observed along the entire length of the affected
stream channel, the majority of in -channel sediment is located in pools and the primary
focus will be on these areas. Riffle sections tend to have less sediment along and
adjacent to the thalweg, but may have deposits in eddies and along banks that will be
removed when quantities are substantial. McGill Associates personnel will direct
sediment removal activities to remove excess sediment while minimizing excessive
disturbance to stream banks and high quality habitat. Care will be exercised to maintain
natural channel bed substrate, woody debris and other important elements of the stream
ecosystem. Any areas along the riparian corridor that are disturbed during the sediment
removal operation will be seeded with an appropriate native seed mix and mulched with
straw to minimize further erosion potential.
DISPOSAL AND STABILIZATION
Removed sediment will be disposed of within previously disturbed areas on the project
site and in areas protected by erosion control measures shown on the Site Stabilization
Plan. Once removal operations are complete and the sediment dries out, this material
will be smoothed and permanently stabilized in place.
Sediment extracted from Steel Creek inside the Sequoyah Woods development will be
loaded into a loader bucket or ATV dump bed and hauled back to Mr. Scherer's property
for disposal. To facilitate this operation, a temporary crossing over UT -Steel Creek will
be installed at the existing trail crossing location, approximately 120 feet upstream of
the confluence with Steel Creek. The temporary crossing will be constructed using
timber mats that span the channel and will minimize the direct disturbance of the
channel. Upon completion of instream sediment removal activities, the timber mats will
be removed and the stream banks will be restored to preexisting elevations and
stabilized with erosion control matting as needed and seeded with native seed mix.
R&S 1812446 _ 1 Page 7 of 12

SECTION 3.3 SEDIMENT REMOVAL LAKE
The approximate 10-acre impoundment in Sequoya Woods traps sediment flowing into
the lake from Steel Creek and its tributaries. There is a visible buildup of sediment in
upper end of the lake. The area includes the former Steel Creek stream channel and
wetland type areas that have developed over the years. Access to this area is limited to
a narrow steep gravel drive from Sequoyah Woods Drive to a picnic shelter at the base
of the waterfall. It would be very difficult to mobilize a cleanup operation at this location
without causing substantial disturbance to the Sequoyah Woods property and potentially
impacting wetlands.
SECTION 3.4 SCHEDULE/TIMELINE
Instream sediment removal is scheduled to begin within roughly two weeks as soon as
all site stabilization measures are in place and functioning. Instream sediment removal
should be completed in roughly 2 weeks after mobilization of crews and equipment.
SECTION 4. REGULATORY COMPLIANCE PLAN
During the March 29, 2017 site meeting, the Property Owner was asked to assess and
document impacts to streams and wetlands on the Property. McGill Associates assessed
and documented impacts on April 4, 2017. The attached 404 Impacts Map (Figure 2) shows
the impact locations and includes a table with stream lengths and wetland areas for each
location. Total impacts at the Black Beaver Road site are 120 linear feet of stream impact
from recently installed culverts and approximately 0.06 acres of wetland fill impacts
associated with two linear seep wetlands and one riparian wetland. A complete JD package
for all wetlands on the Black Beaver site will be completed and submitted to the Agencies
by April 26, 2017. The Owner anticipates pursuing an after -the -fact permit for impacts on
the Property.
SECTION 5 FINAL REPORT
Upon completion of all elements of the Corrective Action Plan, a Final Report will be
completed by McGill Associates. The Final Report will contain a description of the
completed work, the results of the sediment removal activities, site stabilization
measures, and photo documentation. The Final Report will be distributed to NC DWR
and the USACE in order to obtain final release of the issued NOV's.
R&S 1812446_1 Page 8 of 12

Table 1. Sediment Imuac_ts — Steel Creek and UT —Steel Creek
Pool
Length
Average
Average
Max
Description
Sediment
Stream
Number
(ft.)
Sediment
Thalweg
Depth
Depth
Depth
(in.)
(in.)
(in.)
1
10
2
3
9.5
plunge pool
gravel --> large
UT -
out of culvert
sand
Steel
Creek
2
4
4
4
6
side bar &
some bed
UT -
pool
material
Steel
deposited on
Creek
surface
3
48
3
4
9
compound
sediment buildup
UT -
pool
5" depth right
Steel
bank near riprap
Creek
4
8
5
7
8
between
sediment buildup
UT -
bedrock
max 8" depth
Steel
riffles
near left bank
Creek
5
15
4
2
between
sediment piles
UT -
bedrock
along both banks
Steel
riffles
4 - 11.5" depth
Creek
6
14
8
3
3
near side
sediment piles
UT -
ditch/drainage
along both banks
Steel
(not flowing)
4 - 14" depth
Creek
7
20
5
6
8
between
sediment piles
UT -
bedrock
along both banks
Steel
riffles
2 - 9.5" depth
Creek
8
sidebar
4
n/a
side bar
sediment deposit
UT -
sediment
right bank 4 - 9"
Steel
deposit
depth
Creek
9
10
6
6
15
parallel to
sediment
UT -
Channel
deposits both
Steel
Braid 1
banks 2 - 9"
Creek
depth
10
35
6
5
6
split by debris
sediment
UT -
deposit on
deposits both
Steel
surface
banks 2 - 9"
Creek
depth
11
10
10
10
16
pool below
sediment
UT -
riffles
deposits in pool
Steel
Creek
12
33
7
2
4
between
sediment
UT -
bedrock
deposits in pool
Steel
riffles
Creek
R&S 1812446_1 Page 9 of 12

Pool
Length
Average
Average
Max
Description
Sediment
Stream
Number
(ft.)
Sediment
Thalweg
Depth
Depth
Depth
(in.)
(in.)
between
sediment along
UT -
13
39
9
3
7
bedrock
both banks 3 -
Steel
riffles
12" depth
Creek
14
20
7
2
2
just upstream
sediment along
UT -
of Channel
both banks 5 -
Steel
Braid 2
12" depth
Creek
15
5
7
3
4
just upstream
sediment along
UT -
of culvert &
both banks 5 -
Steel
coir log check
12" depth
Creek
dam
16
94
6
5
10
near 4" pipe
sediment
UT -
downstream
deposits in pool
Steel
of culvert &
Creek
bedrock
17
7
10
7
15
between
sediment
UT -
bedrock
deposits in pool
Steel
riffles
Creek
18
34
10
7
20
between coir
silt fence just
UT -
logs
downstream on
Steel
right bank needs
Creek
to be cleaned out
19
37
8
5
9
between
sediment deposit
UT -
bedrock
along right bank
Steel
riffles
and in middle of
Creek
5
pool
20
22
5
9
between
sediment deposit
UT -
bedrock
along right bank
Steel
riffles
3 - 9" depth
Creek
21
20
8
3
6
between
sediment deposit
UT -
bedrock
along both banks
Steel
riffles
3 - 13" depth
Creek
22
9
4
3
4
plunge pool,
—3x 6ft sediment
UT -
undercut
deposit just
Steel
bank/bedrock
downstream
Creek
along left bank
23
25
10
7
9
downstream
large sediment
UT -
of bedrock
deposit 8 - 12"
Steel
depth
Creek
downstream of
pool
R&S 1812446_1 Page 10 of 12

Pool
Length
Average
Average
Max
Description
Sediment
Stream
Number
(ft.)
Sediment
Thalweg
Depth
Depth
Depth
(in.)
24
17
8
7
8
downstream
sediment deposit
UT -
of debris
along left bank 8
Steel
deposit
- 9" depth
Creek
25
17
3
1
8
between
sediment deposit
UT -
bedrock
along right bank
Steel
riffles
12" depth
Creek
26
3
6
8
12
backwater
sediment deposit
UT -
pool upstream
along left bank 5
Steel
of coir logs
- 7" depth
Creek
27
25
18
7
10
backwater
sediment deposit
UT -
pool upstream
along left bank
Steel
of man-made
18 - 19" depth
Creek
dam
28
19
8
3
4
plunge pool
sediment deposit
UT -
within pool
Steel
Creek
29
6
4
7
10
confluence of
sediment deposit
Steel
UT & Steel
3 - 6" along right
Creek
Creek
bank and in
between streams
30
24
7
4
8
upstream of
sediment deposit
Steel
cobble
within 2ool
Creek
31
9
11
4
4
between
sediment deposit
Steel
bedrock and
along right bank
Creek
tree/debris
4 - 17" depth
32
32
6
4
8
upstream of
sediment deposit
Steel
cobble
within pool
Creek
33
4
6
downstream
sediment deposit
Steel
of cobble
within pool
Creek
34
114
7
7
10
big backwater
sediment deposit
Steel
pool
along left bank 2
Creek
- 20" depth
36
22
10
4
6
just upstream
sediment deposit
Steel
of waterfall
along both banks
Creek
8- 1211
Total
811
R&S 1812446. 1 Page 11 of 12

Table 2. Sediment Imnacts — Channel Braids and Wetlands
Area
Area
(sq. ft
Sediment Depth in.)
Channel Braid 1
225
3
Channel Braid 2
413
4
Channel Braid 3
110
5
Total
748
Area
Area
(sq. ft)
Sediment Depth in.
Wetland 4
564
5
Wetland 6
255
6
Wetland 8
1,513 1
12
Wetland 9
400
3
Total
2,732
R&S 1812446_1 Page 12 of 12

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ALL REMOVED INSTREAM AND WETLAND SEDIMENT TO BE DISPOSED OF ON -SITE
IN PREVIOUSLY DISTURBED, MANAGED AREA EROSION CONTROL MEASURES SHOULD
B_ IMPLEMENTED TO AVOID RUN-OFF FROM DISPOSAL AREA/AREAS
TEMPORARY STREAM CROSSING SHOULD BE INSTALLED TO LIMIT IMPACTS TO
STREAM BED AND BANKS, AND REMOVED UPON COMPLETION OF SEDIMENT
REMOVAL ACTIVITIES
SEE TABLE I SEDIMENT IMPACTS - STEEL CREEK AND UT -STEEL CREEK FOR
I :RAM lll` 3i'A.0
nl I I Stream Channel
Pools
FIGU
IRE IB-SEDIMENT
MPACMP.\ TTS MAP • Mc iR
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1300702 A S S o C I A r E S
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WETLAND IMPACTS
(FILL)
EEE CREEK
WETLAND 1
FILL
550 SO FT-
PSK I��T
p LIrEM! FEET
VETLAM➢ 2
FILL
960 SO FT.
-
VETLAMO 6
FILL
1,0➢5 SO FT
SEARO's
TOTAL
2,595 SO FT (0.06-ACRES)
uiz - rTLFc ETiEr:
STREAM IMPACTS
(PIPE)
srrr. =a E•
ra�uwnci
nRAI'Im' u-.5T 1,
1.?Ys sau: c rerr
UT -STEEL CREEK
IB- CPP
W LINEAR FEET
-lal u m IV
STEEL CREEK
72- CPP
�0 LINEAR FEET
TOTAL
120 LINEAR FEET
FIGURE 2 -JUT IMPACTS MAP
PROJECT n
SCHERER PROPERTY - BLACK BEAVER ROAD SITE
RlMc Gill
1300701
A S S O C I A T E S
APRIL 17. 2017
TRANSYLVANIA COUNTY, NORTH CAROLINA
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