20160591 Ver 1_06282016 ClearWater Status Report_20160628

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Clearwater Environmental Consultants, Inc.I JUN 2 9 SO 28, 2016 www.ewenv.com
Mr. Andrew Moore
NC Division of Water Resources
2090 US Highway 70
Swannanoa, North Carolina 28778
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Room 208
Asheville, North Carolina 28801
RE: Notice of Violation and Notification of Unauthorized Activity
DWR NOV-2016-SS-0009
Corps Action ID 2016-00779
Shepherd Creek at Lake Osceola
Henderson County, North Carolina
Dear Mr. Moore and Mr. Brown,
Please reference the "Notice of Violation" (NOV) letter dated May 4, 2016 sent by the
NC Division of Water Resources (DWR) in response to a site visit conducted on April
29, 2016 and the Notification of Unauthorized Activity (UA) sent by the US Army Corps
of Engineers (Corps) on May 10, 2016. The subject property is owned by the T&A
Carolina Corporation and is located on South Lakeside Drive in Henderson County,
North Carolina (Figure 1). The NOV and UA cite sediment deposition in Shepherd
Creek which is a violation of North Carolina water quality standards and the Clean Water
Act. The NOV and UA require corrective measures to address these violations.
A remediation plan was submitted by ClearWater Environmental Consultants, Inc. (CEC)
and the plan was approved by the DWR on June 1, 2016. The DWR requested a final
report be submitted after remediation activities were complete at the site.
Greene & Israel Builders (GIB), represented by Mr. Chad Green, installed four temporary
rip -rap check dams in Shepherd Creek and has removed approximately 800 cubic yards
of sediment from Shepherd Creek immediately below the existing Lake Osceola dam.
GIB also installed a temporary coffer dam on the lake side of the existing concrete dam.
One of the purposes of the temporary coffer dam is to maintain a permanent pool of water
and a top water release in order to minimize turbidity in Shepherd Creek. This temporary
earthen coffer dam was hydroseeded on June 24, 2016. Mountain Environmental Group,
represent by Mr. David Walker, has removed approximately 520 cubic yards of sediment
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

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via vacuum truck throughout an approximately 3,000 -Foot reach of Shepherd Creek.
Sediment removal began on June 13, 2016 and was completed on June 23, 2016.
Photographs of the stream before and after sediment removal are included in Attachment
A.
Sediment was removed from the stream channel and placed in two upland locations at
least 30 feet from jurisdictional water. Upland Disposal Area 1 (Figure 2, Photo 12) is in
an upland area just north of Lake Osceola dam. Upland Disposal Area 2 (Figure 3, Photo
13) is located adjacent to Old Kanuga Road and is comprised of an upland hay field.
Both upland disposal areas are contained by silt fence. Upland Disposal Area 1 was
hydroseeded on June 24, 2016 and Upland Disposal Area 2 will be leveled and
hydroseeded after sediment material has dried. Photographs of the upland disposal areas
are included in Attachment A.
CEC, represented by Mr. Clement Riddle, was on site June 13 and 22, 2016. A final site
inspection was conducted with Mr. Andrew Moore of the DWR on June 24, 2016. Mr.
Moore agreed that further sediment removal was not necessary at this time. However, the
DWR has requested that the four rip -rap check dams remain in place until the entire than
spillway has been replaced. Once the dam is repaired, accumulated sediment upstream of
the check dams will be removed and then the check dams will be removed.
It is the opinion of CEC that remediation activities at the site are complete. CEC
respectfully requests a letter of concurrence be sent to T&A Carolina Corporation resolving
this matter. Please do not hesitate to contact me at 828-698-9800 if you have any questions
or comments.
Sincerely,, /
✓k '1&
. Clement Riddle, P.W.S.
Principal

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Attachment A
Photographs

Photo 2.
existing Lake Osceola dam and the first temporary check dam.
.tween the

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Photo 6. Station A2. Sediment removed by vacuum track.

Photo 7. Station A3. Facing downstream, existing log/debris jam has captured sediment.
Sediment accumulation of 6-12 inches to be removed.

Photo 9. Station A4. Existing log/debrisjam has captured sediment. Sediment accumulation of
8-12 inches to be removed. Date of photo — 05/19/2016.

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