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HomeMy WebLinkAbout20220431 Ver 1_2022-00716 NWP27_20220516U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2022-00716 County: Ashe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mark and Elizabeth Jamison Address: 2424 Stanley Avenue Roanoke, VA 24014 Telephone Number: 540-537-8355 Location description: The site is located at 6975 Railroad Grade Road, in Todd, NC. Coordinates are 36.280251 - 81.557577. Description of projects area and activity: This permit authorizes installation of an in -stream structure and bank stabilization activities on the South Fork of the New River. Impacts total 172 linear feet of stream channel. Attached are recommendations from the NC Wildlife Resource Commission for your consideration. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 27 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above noted special conditions, and your submitted application and attached information dated March 16, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Amanda Jones at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil. Corps Regulatory Official: Expiration Date of Verification: March 14, 2026 CF: Foggy Mountain Nursery, Attn: Glen Sullivan (via email) Date: May 16, 2022 Action ID Number: 2022-00716 County: Ashe Permittee: Mark and Elizabeth Jamison Project Name: Jamison Bank Stabilization Project / NWP #27 Date Verification Issued: May 16, 2022 Project Manager: Amanda Jones Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: Amanda Jones 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 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 our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/ M Y MAP SUMMARY TABLE ACTIVITY REACH Reach Length 182 Feet No. Instream Structures 1 Length (in ft) Impacted by Instream Structures 10 Length (in ft) of Streambank Sloping 182 Length (in ft) of Live Stake Planting 182 Riparian Buffer Planting (Acres) 0.10 Area Disturbed During Construction (Acres) 0.10 Rock Vane @ 0+38 SITE PLAN uanlson PrOjOOT Elk TOWNSHIP, ASHE COUNTY, NORTH CAROLINA 0 Todd 1100 1282 .03 1109 .21 1108 .11 NI1 1109 1284 .08 1107 1,9 2 l 40 1285 Brown Wood •6� 1213' .22 111 1106 Fleetwoi 1103 3 29 1105 1: Li( Nis 60 120 180 DATE: March 15TH 2021 JOB No. Jamison Foggy Mountain Nursery 2251 ED LITTLE ROAD CRESTON NC 28615 Tel: (336) 384-5323 GRAPHIC SCALE FEET North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director March 31, 2021 Ms. Crystal Amschler U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Jamison Project South Fork New River, Ashe County Dear Ms. Amschler: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to stabilize 182 ft of the South Fork New River in Ashe County. Our comments on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Project activities should not impact wild trout and do not need to be avoided during the trout moratorium. However, the South Fork New River is recognized by the NC Natural Heritage Program as the South Fork New River Aquatic Habitat, rated Exceptional for the richness of rare species it contains. Rare and listed species found in the river in the vicinity of the project include Green Floater [Lasmigona subviridis, US Federal Species of Concern (FSC), NC Endangered], Eastern Hellbender (Cryptobranchus alleganiensis, US FSC, NC Special Concern), Spike (Eurynia dilatata, US FSC, NC SC), Seep Mudalia (Leptoxis dilatata, NC SC), Kanawha Minnow (Phenacobius teretulus, NC SC), Kanawha Darter [Etheostoma kanawhae, NC Significantly Rare (SR)] Appalchia Darter (Percina gymocephala, NC SR), Tongue-tied Minnow (Exoglossum laurae, NC SR), and Kanawha Rosyface Shiner (Notropis sp., NC SR). Due to the sensitivity of these species to fine sediments, it is essential that excellent erosion and sediment control be maintained during the project. Given the location of the project, it is very possible that hellbenders are on -site. The application proposes to stabilize an eroding reach of bank on the South Fork New River through sloping the bank, planting native woody and herbaceous vegetation, and installing one in -stream rock vane. Most work will be done from the bank, but some instream access may be necessary for proper installation of the rock vane. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Jamison Project Page 2 March 31, 2022 S. Fork New R, Ashe County We offer the following recommendations to minimize impacts to the aquatic community: 1. In -channel work should be accomplished as quickly as possible and vigilance used in sediment and erosion control during site preparation, construction, and clean up. Disturbed areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of each work day. 2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years. 3. For the rock vane installation, we recommend diverting flows around the work area in order to reduce the risk of fine sediment liberation and loss. 4. NCWRC staff may come out to survey the site before the project construction for rare animals. We ask that the project manager coordinate with Andrea Leslie (andrea.leslie@ncwildlife.org) and Lori Williams (Lori.williams@ncwildlife.org) at least 3 weeks before project construction to ensure access to the site. 5. Shelter rocks potentially used by hellbenders should be left undisturbed during construction activities. Shelter rocks are typically large flat rocks at least a foot in diameter. If animals are disturbed during construction, they should be captured in a bucket and moved away from the area of disturbance. Please notify Lori Williams if hellbenders are found. 6. To increase habitat diversity, we recommend incorporating stable woody debris into the project design. 7. We recommend that a woody buffer as wide as possible (we recommend at least 30 feet) be planted on the stream as infrastructure allows in order to ensure project success. A wide forested buffer can ensure greater bank stability, filter overland pollutants, and provide habitat for birds and other wildlife. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program ec: Glen Sullivan, Foggy Mountain Nursery Sue Homewood, NC Division of Water Resources Byron Hamstead, US Fish and Wildlife Service Lori Williams & Luke Etchison, NCWRC