20051216 Ver 3_Emails_20140728

Cranford, Chuck
From: Harry Buckner < Harry .Buckner @Mcgillengineers.Com>
Sent: Friday, July 25, 2014 1:55 PM
To: Cranford, Chuck
Subject: RE: East Yancey
Chuck
As a follow -up to your e-mail below and to our voice mail exchange last week, we offer the following comments,
ordered to correlate with your questions:
• The culvert replacements as indicated on the plans have already been installed, and consisted of the
replacement of existing, deteriorated and failing culverts with new culverts of the same diameter and on the
same horizontal and vertical alignment. At the time the original permits were issued in 2005, and later reissued
in 2010, since this work was considered a direct replacement (ie: maintenance), it was not believed to be an
activity requiring a permit. For additional background about this specific element of work, we refer you to the
Biological Assessment included in the submittal package, page 5, first and second complete paragraphs. Since
the culverts have already been installed, are stable and functioning, we request that the DWR office consider
allowing the pipes to remain as installed in order to avoid any further impact due to continued construction
activities. We also point out that these specific impacts have been heavily scrutinized, but were ultimately
approved, by both the US Corps of Engineers ( USACE) and US Fish and Wildlife Service ( USFWS) as part of the
Nationwide 12 and 404 permitting process.
A similar situation exists for Impact 5A and 5C, in that these rip rap areas are already installed. During the
original permitting process in 2005, both of these small ditches were observed to be dry and were, at that time,
determined to be ephemeral drainages, not jurisdictional waters, and thus not permitted. When other issues
arose concerning the larger project as a whole after construction began in 2012, the USACE performed its own
review of the project site and prepared its own jurisdictional determination on the entire project site, with input
from USFWS service personnel. The result of this process was to classify the subject areas as jurisdictional, and
as such, these impacts were added to the permitting package as an "after the fact" impact. Some rip rap was
installed at both impact areas because it was included in the original construction plans to improve the overall
stability of the ephemeral channels, which were originally created during the construction of the railroad bed in
the 1920's. Additional rip rap was added at the request of the current property owner at these locations after
the sewer line was installed. The current application package represents the "as- constructed" condition in these
two locations. Again, these specific impact areas have been scrutinized, and ultimately approved, by both the
USACE and USFWS as part of the Nationwide 12 and 404 permitting process.
Chuck, I hope the above information adequately explains the current situation with these specific areas. McGill
Associates contends that the temporary disruption caused by the removal or modification of these impacts, combined
with a decrease in the long -term stability at these areas, would outweigh any benefit gained through their removal or
modification. That being said, we are happy to meet you in the field to review the specific conditions at each location in
person, and to more deeply consider the benefits and drawbacks of continued work in these locations. If this would be
helpful to you, please let me know and we can arrange a time that is convenient for both of us to visit the site.
In the meantime, if you have any additional information or require any more information, please do not hesitate to
contact me.
Harry B. Buckner, PE
Project Manager

McGill Associates, P.A.
55 Broad Street I Asheville, NC 28801
Phone: [phone] Mobile: [phone] Fax: [phone]
Email: harry .buckner @mcgillengineers.com I Website: www.mcgillengineers.com
From: Cranford, Chuck [mailto :chuck.cranford @ncdenr.gov]
Sent: Friday, July 18, 2014 10:58 AM
To: Harry Buckner
Subject: East Yancey
Hello Harry —
I have a couple of questions regarding the East Yancey Sewer project:
• Culvert replacement /installations
o Please confirm culvert installations will comply with typical requirements for bottom of pipe burial at
20% or one (1) foot for 48" or smaller and >48 ", respectively. If that is not the case in all locations,
please explain why.
• Stream Impact No. 5A - drawing depicts rip -rap at the outlet
o Please explain the need for this impact.
• Stream Impact No. 5C - drawing depicts rip -rap being installed in two (2) places
o Please clarify if these rip -rap impacts are within a stream channel. If so, such installation is not
acceptable and must be modified. Stream channel stabilization should be provided by grade control
structures (if required), matting and vegetation.
I will be on vacation the week of July 21. If you're able to respond by that week, I'll review your responses when I return.
Best,
Chuck
*************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Chuck Cranford
Assistant Regional Supervisor, Water Quality Regional Operations
Division of Water Resources
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
[e-mail]
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