20110155 Ver 2_USACE Correspondence_20150623

Price, Zan (George)
From: Brown, David W SAW <David.W.Brown @usace.army.mil>
Sent: Tuesday, June 23, 2015 10:17 AM
To: John Vilas
Cc: Price, Zan (George); Mark Cathey; Dave Pasko; m.biberdorf @fletchernc.org
Subject: Heart of Flectcher Stream Mitigation - Notification of Permit Noncomplaicne
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Action ID Number: SAW- 2010 -01007
McGill Associates, PA
Boone, NC
John Vilas,
Based my review of McGill Associates recently submitted documents (Report of findings, stream restoration as -built
report; Heart of Fletcher stream relocation plan as -built information drawing; and deed of restrictive agreement filed
April 8, 2015, book 1612, page 587 thru 590, with Register of Deeds in Henderson County, North Carolina) and a site
inspection conducted by the Corps and NCDENR -DWR on June 19, 2015 addressing the requested remedial measures of
the notification of permit noncompliance issued from this office on April 1, 2015, the Corps has determined McGill
Associates and the Town of Fletcher have completed the requested remedial actions outlined in the notification of
permit noncompliance. During the site inspection, the following items were noted and should be addressed prior to the
required first year monitoring activities and reporting.
1) A large portion of the western part of the conservation area under the restrictive agreement is being cut and mowed.
This is in violations of the agreement's restrictions and conditions. This portion of the conservation area abuts the
retaining wall on the east side of the Town Hall complex. The Corps understands the need to maintain the vegetation in
a small segment of the conservation area directly abutting the retaining wall and can allow a mower's width (no greater
than 60- inches wide) abutting the retaining wall to be mowed /cleared. The Corps request the conservation area, minus
the 60 -inch width abutting the retaining wall, be marked to prevent future encroachment into the conservation area.
2) In- stream structures L1, L12, & L14 need to be adjusted /cut. Currently each of these structures are restricting flow
and /or flow is being directed toward the stream bank.
We appreciate McGill Associates and the Town of Fletcher's willingness to comply with the issued directive and
completion of the remedial actions. Please be aware that future unauthorized activity or permit non - compliance may
result in the assessment of a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part
326.6.
Be advised that this e-mail pertains to your agreed upon obligations with the Corps under this action and does not
obviate the need to meet his obligations with state or local agencies on this matter. Please contact me if you have any
questions or comments, 828 - 271 -7980 x.232.
Thank you,
David Brown, PG
Regulatory Specialist /Geologist

828 - 271 -7980, ext. 232
david.w.brown @usace.armv.mil
USACE Wilmington District - Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 -5006
Classification: UNCLASSIFIED
Caveats: NONE