20080386 Ver 2_USACE Correspondence_20080408

REPLY TO
ATTENTION OF:
6E- 0386 VVQ,/Oe Ca,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
April 8, 2008
Regulatory Division
Action ID. SAW-2008-01224
Mr. David Day
6 Roberts Road
Asheville, North Carolina 28803
Dear Mr. Day:
Please reference the permit application submitted on your behalf by Mr. Clement Riddle of
Clearwater Environmental Consultants, Inc; requesting after-the-fact authorization to culvert and
fill approximately 515 linear feet of jurisdictional waters. The subject waters are tributary to
Lees Creek. The work has taken place on an approximately 35 ac. property located
approximately 3 miles north of Asheville on the south side of New Leicester Highway, Leicester,
Buncombe County, NC. The stated purpose for the work is to facilitate commercial and
residential development. Also, reference the February 29, 2008 letter submitted on your behalf
by Mr. William Clarke (Roberts and Stevens) and the March 6, 2008 correspondence from Mr.
Roger Edwards (NCDWQ) to Messrs Riddle and Clarke both regarding this project.
Pursuant to 33 CFR 325, any application for Department of the Army permits must include,
among other things, a complete description of the proposed activity including necessary
drawings and the names and addresses of all adjoining property owners. During a December
onsite meeting between you, me, Mr. Clarke, Mr.-Edwards and Mr. Kevin Barnett of the
NCDWQ, we discussed the removal of the sediment basin and stand-pipe at the inlet of the 400
ft culvert section and the reworking of that inlet. While there is a reference to the removal of this
basin in the "Conceptual Mitigation Plan" section of the application, there is no information on
the removal process or the proposed final pipe inlet design and configuration. This removal and
reconfiguration has the potential to affect the.pipes ability to handle anticipated flows therefore,
additional detail, including information on the anticipated flows is needed. Additionally,
according to the information provided in Mr. Clarke's and Mr. Edwards' correspondence, the
property immediately adjacent the impact and on which the mitigation is proposed is owned by
Mr. Bill McCoy however, there is no mention of coordination with Mr. McCoy and no contact
information is given for Mr. McCoy. We ask that within 15 days of receipt of this letter you
provide this additional information or contact the Corps with specific reasons as to why the
information has not been provided and a timetable for its delivery.
Additionally, in accordance to 33 CFR 326.3(v), a tolling agreement must be signed and
returned to our office prior to our acceptance of an after-the-fact permit application. Please sign
the enclosed Tolling Agreement form and return it to this office so that we may process your
permit request.
2
Before the Corps can issue any permit for work in special aquatic sites, the applicant must
demonstrate that there is no less environmentally damaging practicable alternative and that the
proposed impacts have been minimized to the extent appropriate and practicable. To facilitate
this review, Please fin-nish the following:
o Information regarding any other alternatives, including upland alternatives, to the
work for which you have applied and provide justification that your selected plan is
the least damaging to water or wetland areas.
o Information regarding steps that you have taken, especially regarding development
and modification of plans and proposed construction techniques, to minimize adverse
impacts.
o Further information on the proposed compensatory mitigation including a discussion
of the impacts within the proposed mitigation site which are themselves subject of a
NCDWQ enforcement action; a discussion of how the proposed mitigation work will
offset the functions lost as a result of the work; and clear indication that you have or
can obtain sufficient interest in the subject property to carry out the proposed
mitigation plan including the execution of any required permanent conservation
mechanism.
Thank you for you continued cooperation and your prompt attention to these matters.
Should you have any questions regarding the above information please do not hesitate to contact
me at [phone] ext. 222.
Sincerely,
Tom Walker
Chief, Asheville Regulatory Field Office
Enclosure
Cc w/encl:
Mr. Clement Riddle
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
Mr. Billy Clarke
Roberts and Stevens Attorneys.
Post Office Box 7647
Asheville, North Carolina 28802
Mr. Roger Edwards
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
2090 US HWY 70
Swannanoa, North Carolina 28778