20140608 Ver 2_Other Agency Comments_20150326

Action ID: 2014 -01116
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
County: Henderson
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible
Party NCWRC
Attn.: Mark Hamlett
Address 1720 Mail Service Center
Raleigh, NC 27699
Telephone Number 919- 707 -0155
Responsible
Party Graham County Land Company
Attn.: Randy Jordan
Address 750 Tallulah Road
Robbinsville, NC 28771
Responsible
Agent McGill Associates, PA
Attn.: Dale Pennell
Address 55 Broad Street
- Asheville, NC 28801
Telep of ne Number 828- 252 -0575
RECEIVE D
omsion of water Resource!
MAR 2 6 2015
`Telephone Number 828 - 479 -3581 ; Water Quality Regional Operations
Asheville Regional Office
"
Size and Location of Property (waterbody, Highway nam4l /punaber,:own;.etc ): fhe project site is
located on a tract of land (PIN 0508 -22 -1599) approximately 1,000 feet upstream of the Big Hungry
bridge over the Big Hungry River in the Upward Community, Henderson County North Carolina. The
coordinates are 35.30007 N, 82.350578 W.
Description of Unauthorized Activity / Permit Noncompliance:
The general permit verification, for use of Nationwide Permit 18 issued on December 15, 2014 under
Action ID 2014 - 01116, authorized.0.05 acres of permanent impacts to wetlands and 110 linear feet of
permanent stream impacts to unnamed tributaries of the Big Hungry River associated with installation of
four culverts during Phase I of the Big Hungry Upper Dam Removal Project. Phase I includes
construction.of an access road, with four stream crossings, for a geotechnical investigation of the
proposed soil barrow / sediment disposal area.
Inspection of the installed culverts determined they substantially disrupt movement of aquatic species,
thus do not comply with requirements of permit General Condition 2 for aquatic life movements and
Regional Condition ,3. for_safe passage reduirennents for culvert placeiment,_ Therefore, the Corps has
found the NC Wildlife Resources Commission (NCWRC), Graham County Land Company, LLC, and
McGill Associates, PA to be in noncompliance with issued permit verification.
Indicate Which of the FollowinI4 Apply:
Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
X Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of
federal law as specified above. You have agreed to do no further work in waters or wetlands without the
required Department of the Army Permit. Any further unauthorized work in waters or wetlands will be
considered an intentional violation of federal law. If you do no further work in waters and wetlands, and
perform the remedial action requested below, the Corps of Engineers will take no further action in this
matter. ` If you continue to work in waters and wetlands without the required authorization, and/or fail to
perform the requested remedial action, the Corps will take further administrative action, and may request

the U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers
regulatory program, please contact David Brown at telephone number 828 - 271 -7980 ext 232.
Remedial Actions Requested:
Please submit the following documents /plans to this office by April 17, 2015.
1) Re- install the culverts to meet the conditions of the permit and provide documentation (photos and
written summary of actions taken) which demonstrate the culverts meet the permit conditions.
And /or
2) Provide documentation that the installed culverts currently meet the permit conditions.
No additional Bork, .beyppo en rgenc' sediment stabilization and control efforts in waters of the U.S.
shall o4ur without prior notification tokthis office and any other state or local agencies.
Your signature' acknowledges receipt�!of this notification. Return a signed copy of this notification to
the Asleville Regulatory Field Office
US Army Corps of Engineers-Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Property Owner / Responsible Party / Responsible Agent Signature
Regulatory Project Manager Signature;( I(` — — -
David Brown
Date 24- March -2015
CF:
USFWS, Bryan Thompkins, 160 Zillicoa Street, Asheville, NC 28801
NC DENR -DWXZ, Zaii Price; 2090 US Highway 70, Swanrianoa ,- N"C- 2Y77ff__.- -- -- "---' ,^"" --,---- - ""4-
NC DENR -DWR, Tim Fox, 2090 US Highway 70, Swannanoa, NC 28778
NC WRC, Jeff Ferguson, 171 Southern Cross Road, Weaverville, NC 28787
NC WRC, Andrea Lesile, 20830 Great Smoky Mountian Expressway, Waynesville, NC 28786 -