20160591 Ver 1_More Info Requested_20160623

Montalvo, Sheri A
From: Moore, Andrew W
Sent: Thursday, June 23, 2016 2:34 PM
To: Rebekah Reid
Cc: Brown, David W SAW; Montalvo, Sheri A
Subject: RE: Request for Additional Information - Lake Osceola Dam Repair and Dredging Permit
Applications (DWR Project #20160591)
Rebekah,
The Division of Water Resources will place the subject project on hold until the appropriate 404 permit (ie 39 vs. IP) is
determined.
Feel free to contact me if you have any questions.
Thanks,
Andrew W. Moore, P.G.
Environmental Specialist - Asheville Regional Office Water Quality Regional Operations Section NCDEQ - Division of
Water Resources
828 296 4684 office
email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Brown, David W SAW [mai Ito: [e-mail]1]
Sent: Thursday, June 23, 2016 10:26 AM
To: Rebekah Reid <[e-mail]>
Cc: Moore, Andrew W <[e-mail]>; Leslie, Andrea J <[e-mail]>; Hamstead,
Byron <[e-mail]>; Aiken, Stan E <stan.aiken @ncdenr.gov>
Subject: Request for Additional Information - Lake Osceola Dam Repair and Dredging Permit Applications
Action ID SAW -2016-00779
ClearWater Environmental Consultants, Inc.
Asheville, NC 28801
Rebekah Reid,

The Corps has received (June 14, 2016) and reviewed a recently submitted Pre -Construction Notification (PCN)
application and supporting documents for the Osceola Lake Dam Repairs and Dredging project at Osceola Lake in
Hendersonville, Henderson County, North Carolina. The proposed activities impacting 0.25 acres of open waters for the
dam repairs can be verified under Nationwide Permit (NWP) 3. The Corps is requesting the following additional
information in order for us to move forward in processing NWP 3 application.
1) Have the approved measures of the Corrective Action Plan (CAP) and the Corps' additional requirements to the CAP
addressing the remedial measures of the issued Notification of Unauthorized Activity (UA) begun? If not, when will the
corrective measures begin?
2) If the corrective measures have started, what is the progress of the corrective measures and the status of the required
weekly inspection reports?
3) Will all the corrective measures, except for the required sediment monitoring and final reporting requirements, be
completed by June 30, 2016?
4) Is an extension needed to comply with the approved CAP and the Corps' additional requirements? If so, submit a
request in writing and sufficiently document as to why the extension is needed.
It is the Wilmington District's policy to resolve outstanding UA prior to issuance of additional authorization for further
impacts WoUS at a project site or property. As indicated above, the Corps issued on May 10, 2016, a notification of UA at
this property which were a direct result of activities associated with the proposed dam repairs. Prior to issuance of
authorization for additional impacts associated with the dam repairs, the Crops is requiring the requested remedial actions
of the notification of UA be competed or a clear path to correct the UA has been set and is being implemented to the
satisfaction of the Corps.
Failure to abide by the CAP and any other remedial activity(s) required by the Corps, may result in additional
administrative action including referral to the U.S. Attorney's office and/or the U.S. Environmental Protection Agency.
At this time, the request to utilize NWP 3 for authorization of additional impacts to waters of the U.S. (WoUS) is on hold
until the approved corrective measures of the CAP and Corps' additional requirements of the CAP have been completed
and/or are clearly being implemented to the satisfaction of the Corps.
The Corps has reviewed the request to utilize NWP 39 for after -the -fact authorization for 0.6 acres of permanent
jurisdictional wetland impacts at the head (south end) of Lake Osceola due to dredging activities in WoUS without prior
Department of Army authorization. The dredge spoils have been stock -piled, in the vicinity of the wetland impacts, on
high -ground within the FEMA designated floodway.
The Corps has determined the proposed after -the -fact authorization does not meet the following terms and/or conditions
of NWP 39.
1) The discharge must not cause the loss of greater than 0.5 acre of non -tidal WoUS
2) NWP Condition 10 - Fills Within 100 -year Floodplains
3) Regional Condition - 4.1 3 "Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway resulting in permanent above -grade fills are not authorized by this NWP.
4) Regional Condition 4.1.4 "Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100 -year floodplain resulting in permanent above -grade fills are not authorized by this NWP."
The return water from a dredge disposal area is administratively defined as a discharge of dredged material by 33 CFR
323.2(d), even though the disposal itself occurs in an area that has no WoUS and does not require a section 404 permit.
The Corps cannot verify after -the -fact permit request under NWP 39, as submitted. The Corps request the applicant to
withdraw the request and resubmit the project as an individual permit with supporting documents including details that the
dredge spoil disposal area complies with applicable FEMA -approved state or local floodplain management requirements
OR provide the following information and clarifications which can document the requested after -the -fact impacts to
WoUS meet the terms and conditions of NWP 39.
1) Move the dredge spoils disposal site outside the FEMA floodway and not within WoUS.
2) Overlay the wetland impact area with the April 2007 Google Earth Pro aerial image to confirm the wetland impact size.
2

3) Provide the plan to meet the required compensatory mitigation for the wetland impacts. If the plan is to make payment
to NCDMS in -lieu fee program, provide a letter of acceptance from NCDMS for the appropriate amount of riparian
wetlands credits in the Upper French Broad (HUC 06010105).
At this time, the request to utilize NWP 39 for authorization of the after -the -fact wetland impacts is on hold until the
application is withdrawn or until the above requested information is submitted to clarify the request meets the terms and
conditions of NWP 39.
The Corps appreciates ClearWater Environmental' efforts in the matters required for permitting of the Lake Osceola Dam
repairs, after -the -fact dredging impacts, and resolving the outstanding UA. If you have any question, please contact me.
Sincerely,
David Brown, PG
Regulatory Specialist/Geologist
828-271-7980, ext. 232
[e-mail]
USACE Wilmington District - Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm—apex/f?p=136:4:0