20110155 Ver 2_Other Agency Correspondence_20150401

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Division of Water Resouuroes
U.S. ARMY CORPS OF ENGINEERS 2Q15
Wilmington District APR
Action ID: 2010 -01007 County: Henderson
Water Replonai oaeratians .
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOM���N�� 27, Lq'''`0-
Responsible
Party Town of Fletcher
Attn.: Mark Biberdorf
Address 300. Old Cane Creek Road
Fletcher, NC 28732
Telephone Number 828 - 687 -3985
Responsible
Agent McGill Associates, PA
Attn.: Dave Pasko
Address 55 Broad Street
Asheville, NC 28801
Telephone Number 828 - 252 -0575
Size and Location of Pronertv (waterbodv, Hiehwav name /number, town, etc.): The site is an
approximately 4.48 acre tract of land (PIN 9652 -79 -9766) known as the Fletcher Town Hall at 300 Old
Cane Creek Road in Fletcher, Henderson County North Carolina. The coordinates are 35.430210 N,
82.498660 W.
Description of Unauthorized Activitv / Permit Noncompliance: The General Permit Verification
issued on February 14, 2012 under Action ID 2010 -01007 (attached) authorized 299 linear feet of
permanent stream impacts to an unnamed tributary (UT) of Cane Creek associated with the construction
of the Fletcher Town Hall and attendant features. In order to provide the required compensatory
mitigation for the permanent stream impacts to the UT, the Town of Fletcher agreed to perform relocation
and restoration of the UT. The following special conditions are part of the issued permit verification.
"Stream restoration/relocation and enhancement are hereby approved as compensatory mitigation
for this impact. The restoration/relocation techniques must be done in accordance with the plans
provided in the permit application. The restoration/relocation must take place prior to, or
concurrent with the impacts associated with this permit verification. In addition, monitoring must
be completed annually by the permittee for a minimum of 5 years after project completion as
proposed in the monitoring plan submitted to this office on 7 February, 2012. All monitoring
results shall be submitted to the Corps for review."
2. "Preservation/restrictive covenants for the stream reaches provided as compensatory mitigation
must be recorded on the final deed and plat in the Henderson County Courthouse as proposed in
the cover letter for PCN submission within 6 months of permit verification (14 August, 2012)."
The authorized. impacts were completed by December 2013. At this time, the Corps has not received the
as-built survey /plan of the relocated stream and a copy of the preservation/restrictive covenants for the
stream reaches recorded with the Register of Deeds at Henderson County Courthouse. Therefore, the
Corps has found the Town of Fletcher and McGill Associates to be in noncompliance with these two
conditions of issued permit verification.
Indicate Which of the Followine ADDIV:
Unauthorized Activity
X Noncompliance with Permit
River and Harbor Act, Section 10 (33 USC 403)
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 Action Requested:
Please submit the following documents /plans to this office by April 17, 2015. 1) As -built survey /plan of
the relocated stream and 2) a copy of the preservation/restrictive covenants for the stream reaches
provided as compensatory mitigation recorded with the Register of, Deeds at Henderson County
Courthouse.
Your signature acknowledges receipt of this notification. Return a.signed copy of this notification to
the Asheville 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
David Brown
Date 1- Ai)ril -2015
CF:
NC DENR -DWR, Zan Price, 2090 US Highway 70, Swannanoa, NC 28778