20072227 Ver 2_Mod Request_20140214

February 14, 2014
Ms. Tasha McCormick
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
RE: Nationwide Permit Modification
Queen's Gap — Phase 1
Rutherford County, North Carolina
Action ID SAW- 2012 -01905
DWR Project #2007 - 2227 -V2
Dear Ms. McCormick,
Please reference the "General Permit (Regional and Nationwide) Verification" dated August 1,
2013 sent by the US Army Corps of Engineers (Corps) in response to the permit application
submitted by C1earWater Environmental Consultants, Inc. (CEC), on behalf of Rutherford
County, requesting written authorization for the construction of permanent stream crossings
associated with development of Phase 1 of the Queen's Gap residential community. The
verification authorized 269 linear feet of new stream impact and is attached for review
(Attachment A). The applicant respectfully requests that this authorization be modified to reflect
the changes below.
The existing roadway in to Queen's Gap property includes one, 60 -linear foot (pre- existing)
crossing at the intersection of the existing road and the road leading to the pond (also pre-
existing). The existing crossing is at the location of "Impact 45" (blue label) on the updated
"Impact Map" (Figure 1). Upon further inspection, the culvert inlet is buried and the inlet
location is unknown. Because of this, the overall condition of the culvert is also unknown.
Before the road is constructed over the crossing, the contractors would like to replace the
existing culvert. The stream has been temporarily rerouted, using an existing stormwater pipe,
so that the culvert replacement can be completed in the dry. The same length of culvert (60
linear feet) and location would be used. The culvert would be upsized from 18 inches to 24
inches and a headwall would be constructed on the upstream end. Specific plans for the culvert
replacement are included for review (Figures 2 and 3). Rutherford County is requesting a waiver
for condition 3.6 (aquatic life passage). The culvert would be replaced and in the same condition
as the previous culvert which is currently stable. Placing the culvert in a manner that would
relieve the mid -slope release of water would create a grade exceeding 15% and increase water
velocity in the culvert.

Additionally, the permittee is also requesting a waiver for condition 3.6 for Impact 42. This
crossing has not been complete. Significant amounts of bedrock are exposed at the surface and
the culvert would be installed at grade. Photographs of the stream at the crossing location are
include for review (Attachment B).
The applicant respectfully requests that the verification be modified to reflect the updated site
plans (Figures 1 -3). Should you have any questions or comments concerning this project please do
not hesitate to contact me at 828 - 698 -9800.
Sincerely,
Rebekah L. Newton
Project Biologist
cc: NC Division of Water Resources — Tim Fox
R. Clement Riddle, P.W.S.
Principal

Attachment A
Permit Authorizations

Attachment B
Photo of Stream at Impact #2

Exposed bedrock a surface (examples at red arrows).