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HomeMy WebLinkAbout20110457 Ver 1_401 Application_20110511CLearWater C1earWater Environmental Consultants, Inc. www.cwenv.com May 11, 2011 Mr. Tyler Crumbley US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Mr. Ian McMillan NC Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699 RE: Etowah Sewer Line Henderson County, North Carolina Mr. Crumbley and Mr. McMillan, 201 10457 rA" @17 =fir-11 7 MAY 3 t 2011 DENR - WATEp SAL The attached Pre-Construction Notification (PCN) is being submitted on behalf of the Etowah Sewer Company, Inc. represented by Mr. Tom Kilpatrick. The project site is located near the intersection of Fairway Drive and Holly Springs Road at the Etowah Valley Country Club in the Etowah, Henderson County, North Carolina. The Etowah Sewer Company, Inc. maintains a sewer line easement through the property. Mr. Kilpatrick is seeking a Nationwide Permit 3 for bank stabilization and reestablishment of the original stream routing at the location of an exposed sewer line. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr. David McHenry of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to Ms. Susan Wilson of the NC Division of Water Quality, Asheville Regional Office. Respectfully, Rebekah L. Newton Project Biologist Copy Furnished: NC Division of Water Quality, Asheville - Susan Wilson NC Wildlife Resources Commission -Dave McHenry US Fish and Wildlife Service - Bryan Tompkins 9Rle Ale, S Principal 224 South Grove Street, Suite F Hendersonville, NC 28792 828-698-9800 Tel 828-698-9003 Fax f r r ? v Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Etowah Sewer Line 2. Name of Property Owner/Applicant: Etowah Sewer Company, Inc. 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): n/a 5. Site Address: Near the intersection of Fairway Drive and Holly Springs Drive 6. Subdivision Name: Etowah Valley Country Club 7. City: Etowah 8. County: Henderson 9. Lat: 35.327294N Long: 82.605853W (Decimal Degrees Please 10. Quadrangle Name: Horse Shoe 11. Waterway: Gash Creek 12. Watershed: Upper French Broad 06010105 13. Requested Action: X Nationwide Permit # 3 w _ General Permit # Jurisdictional Determination Request Pre-Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: ?? a •.-?:. -'144 Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC Division of Water Quality Attn: Ian McMillan 1650 Mail Service Center Raleigh, NC 27699-1650 1, the current owner/manager of the project identified below, hereby authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of permits to impact Wetlands and Water of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. CEC is authorized to provide supplemental information needed for permit processing at the request of the USAGE or DWQ. Project Owner: Etowah Sewer Company Inc. Owner Address: P.O. Box 1689 Etowah NC 28729 Phone Number: 828-890-4810 Property Location: Near Tee box #2, West Course Etowah Valley Country Club Owner/Manager Signature:- Date: 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com 201 1045 7 Office Use Only: Off' G Corps action ID no. 1 1 1 1 ° T DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification C Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Etowah Sewer Line 2b. County: Henderson 2c. Nearest municipality / town: Etowah 2d. Subdivision name: Etowah Valley Country Club 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Etowah Valley Country Club 3b. Deed Book and Page No. 1A/216 and 1A/213 3c. Responsible Party (for LLC if applicable): 3d. Street address: Post Office Box 2150 3e. City, state, zip: Hendersonville, North Carolina 28793 3f. Telephone no.: 828-891-7022 3g. Fax no.: n/a 3h. Email address: n/a Page I of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Sewer Line Easement Holder 4b. Name: Tom Kilpatrick 4c. Business name (if applicable): Etowah Sewer Company, Inc. 4d. Street address: Post Office Box 1689 4e. City, state, zip: Etowah, North Carolina 28729 4f. Telephone no.: 828-891-2349 4g. Fax no.: 828-890-4810 4h. Email address: tomkilpatrick@morrisbb.net 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, Inc. 5c. Street address: 224 South Grove Street, Suite F 5d. City, state, zip: Hendersonville, North Carolina 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: 828-698-9003 5g. Email address: rebekah@cwenv.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9529524218 and 9529436662 1 b. Site coordinates (in decimal degrees): Latitude: 35.327294 Longitude: - 82.605853 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: +/- 175 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Gash Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper French Broad 06010105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing sewer line runs parallel to Gash Creek. The stream bank has eroded and caused the sewer line to become exposed. The exposed pipe is located on the left side (looking downstream) of the stream near an existing row of houses that face the golf course. Land use in the vicinity of the project site is residential and recreational. 3b. List the total estimated acreage of all existing wetlands on the property: There are no wetlands in the project area. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Gash Creek flows parallel to the existing sewer line. Approximately 90 linear feet of Gash Creek are included in the project area. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to re-cover an exposed portion of sewer line by reestablishing stream flow in its original location and stabilizing the stream bank adjacent to the line. Once the stream bank has been repaired, the stream will be located in its original location prior to erosion at the site. 3e. Describe the overall project in detail, including the type of equipment to be used: The project includes restoring the stream bank and stream flow to its original location prior to erosion at the site The . bank will be stabilized with compacted earth, filter fabric, and rip-rap. Typical construction and earth moving equipment will be utilized at the site. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type f d t i i ? Preliminar ? Final o e erm nat on was made? y 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes On No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Bank stabilization to protect an Gash Creek ® PER ? INT ® Corps ® DWQ 8 90 existing sewer line S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? PEI T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 90 3i. Comments: Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4L Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland b (acres) num er of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? N If o yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project has been designed to protect the sewer line in place. The stream bank will be restored to its previous location prior to erosion occurring at the site. Stream flow will also be shifted to its original location. The minimum amount of work necessary to protect the sewer line is all that is proposed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Work conducted at the site will be done from high-ground. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes No 1 b. If yes, then is a diffuse flow plan included? If no explain why , . Comments: ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project does not include the addition of impervious surfaces to the site. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply El HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project will repair and stabilize stream banks which have eroded causing an existing parallel sewer line to be exposed. This is not a development project. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will not be generated by this project. Page 10 of 11 PCN Form -Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS County data and the Natural Heritage Virtual Workroom. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? TO Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Parks Service; National Register of Historic Places; National Register Information System database. There are three sites within 5 miles of the proposed project location: Bryn Avon (NPS Reference # 99000437) located approximately 2.8 miles from the project site, the Arthur Moore House (NPS Reference #00001316) located approximately 4.6 miles from the project site, and the Mills River Chapel (NPS Reference #88002660) located approximately 4.2 miles from the project site. The proposed work along Gashes Creek will not likely threaten the integrity of these sites. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? 7 ? Yes ®No _ 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center. Map Panel 3700952900J. R. Clement Riddle ?Z IZ:Tm May 11, 2011 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version Etowah Sewer Line ter, 5R ???$ SR 73 Q ?o tie tg V7 Rpr 280` Ad ,? 01? 44 Mr Q, Approximate Location of Exposed Sewer Line prep Sin SR 132.E 1323 5a Knay/ 9t N W Poe g: cr Sp 1502 s N s g?c??" y r ?? etayp` - ti 1 ? C14 _ ?7' •. a Oitxef 5R ? N s 0 1,000 2,000 4,000 6,000 Feet Drawn by: RLN 04.18.2011 Henderson County, CLearWater Site Vicinity North Carolina Figure 1 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Etowah Sewer Line 4 • 1 f 200 i r r 1 11 ?- ,? \ I 4y _ • ? ti ? r Approximate Location ; f Lr of Exposed Sewer Line J r N' {1 i r t \ ? j ? r r ' ?'S y ? 7 / • T ® L , y ? i % ' • •o?•?, ,? t `? ??' 0 5001,000 2,000 3,000 D / •? ?? . . Feet : R 1 ?/ . r C t Henderson County, learWa er USGS Topographic Map North Carolina Horse Shoe Quad 224 South Grove Street, Suite F Figure 2 1 lendersonville, North Carolina 28792 Figures 3 Site Plans and Representative Photograph NORMAL HIGH WATER LEVEL -------------- ~~~~- V-6" MIN??~ '-CLASS 1 ~ ~ ~ - -RIP-RAP~ 1, Ili-1 I 1-1 I I ? SEED ANY BARE SOIL AFTER CONSTRUCTION I' EXISTING SEWER LINE 1'-6" MIN. COMPACTED EARTH FILTER FABRIC F/F 12" BELOW STREAM BED PRELIMINARY NOT FOR CONSTRUCTION WILLIAM G. LAPSLEY & ASSOCIATES, P.A. CONSULTING ENGINEERS & LAND PLANNERS ETOWAH SEWER CO. DETAIL NC License No: C-0556 STREAM BANK REPAIR One Town Square Blvd. Suite 320 HENDERSON COUNTY WGLA #11133 Asheville, NC 28803 NORTH CAROLINA NOT TO SCALE (828) 687-7177 Fax (828) 687-7178 www.wgia.com 5/5/ 1 1 ?CY Y'.h \ y n D 60 LF OF BANK REPAIR a GOLF n COURSE L PRELIMINARY NOT FOR CONSTRUCTION WILLIAM G. LAPSLEY & ASSOCIATES, PA CONSULTING ENGINEERS & LAND PLANNERS ETOWAH SEWER CO. PLAN VIEW NC Ucmw No: 0-0556 STREAM BANK REPAIR One Suke 3? Squam Blvd HENDERSON COUNTY A Ash&41% NC 28803 WGLA #11133 okv - (828) 687-7177 Fax (828) 687-7178 NORTH CAROLINA APPROX. 1"=50' 0' wwwwq..aom Photo of Exposed Sewer Line on Gash Creek Etowah Sewer Line