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HomeMy WebLinkAboutSAW-2023-01676 714 Saint Cloud Drive Streambank Stabilization Statesville Iredell County NC_NWP 13 Verification•%%�� DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON REGULATORY OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 October 16, 2023 Regulatory Division Wilmington District Charlotte Regulatory Field Office 8430 University Executive Park Drive, Ste 615 Charlotte, North Carolina 28262 Stanley and Paulette Klein 714 Saint Cloud Drive Statesville, North Carolina 28625 Via Email: paulette.k.73@gmail.com Dear Mr./Ms. Klein: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, Is a Section 401 WQC required, and if so, has the certification been issued, waived or presumed? on August 17, 2023, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2023-01676 and is known as 714 Saint Cloud Drive Streambank Stabilization. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the stabilization of 245 linear feet of stream bank, within which a 120-foot-long unauthorized cinderblock wall would be removed. The project area for this determination includes approximately 0.5 acre. The project/review area is located on the west side of Saint Cloud Drive, 0.06 mile south of its intersection with Linville Road, at Latitude 35.789262 and Longitude-80.811234-1 in Statesville, Iredell County, North Carolina. We have determined that the proposed work is authorized by after -the -fact use of NWP 13 pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344) and Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the special conditions listed in this letter, the application materials, and the enclosed plans "Proposed Streambank Stabilization Plan". If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. Project Specific Special Conditions: The information provided indicates that suitable forage and/or roosting habitat for the proposed endangered tricolored bat (Perimyotis subflavus) may occur within the proposed action area. To avoid impacts to this species, we highly encourage project proponents to accomplish any necessary tree clearing outside of the "active season" for this animal. The active season for tricolored bat occurs during the warmer time of year from April 1— October 15. Although this species is not currently afforded legal protection under Section 7 of the Endangered Species Act (ESA), this impact minimization measure would support our concurrence with a "may affect, not likely to adversely affect" determination from the appropriate action agency should this species become listed in the future. If the proposed action would not affect suitable habitat for this animal, we would not object to a "no effect" determination from the appropriate action agency. 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 in Wilmington, NC, at (910) 796-7215. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Christopher Hopper, Team Leader / Wilmington District Liaison at 919-855-9153, by mail at Christopher.d.hopper(a)-usace.army.mil. For permit compliance questions, or to transmit your certificate of completion, please contact Krysta Stygar, Regulatory Project Manager in the Charlotte Regulatory Office at 252-545-0507, by mail at the above address, or by email at krystynka.b.stygar(a)usace.army.mil. Please take a moment to complete our customer satisfaction survey located at https-Hregulatory.ops.usace.army.m it/customer-service-survey/. Sincerely, Christopher Hopper Team Leader / Wilmington District Liaison Enclosures Cc (w/enclosures) David Brame, Pilot Environmental, Inc (via dbrame@pilotenviro.com) General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on March 14, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity, or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Compliance Certification Form Action ID Number: SAW-2023-01676 County: Iredell Permittee: Stanley and Paulette Klein Project Name: 714 Saint Cloud Drive Streambank Stabilization Date Verification Issued: 10/16/2023 Project Manager: Christopher Hopper Within 30 days of 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: Krysta Stygar 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or krystynka.b.stygar@usace.army.mil 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, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. Signature of Permittee Date 6 --------------------------- Typical cross-section — not to scale. A A S 1' 21 Lay slope back to Baseflow the extent possible. 2:1 Slope Preferred. Streambed 1 8-10' 1. Remove backfill and masonry block wall carefully. Avoid over excavation during removal of wall. 2. Do not excavate beneath the bottom of the current channel. 3. Any holes or voids created by removal of the concrete footer should be backfilled with riprap and smaller stone to eliminate any voids. 4. Establish new toe slope based on up and downgradient reference reaches. 5. Lay the slopes back as much as possible. A 2:1 slope is preferred. 6. Over excavate the bank so that the channel maintains its up and downstream widths. 7. Ensure that the stream channel is not choked after placement of riprap material. The toe slope after placement of riprap should be consistent with the up and downgradient toe slope. 8. Install riprap on sloping bank. Placement of fabric beneath riprap is not recommended. 9. Use large stone on bottom (See Example Photograph 1). 10. Chink voids within riprap using smaller stone (See Example Photograph 2). Ensure that all voids are filled. 11. Seed, straw, mat and revegetate areas disturbed by grading activities (See Example Photograph 3). Installation of trees and shrubs is recommended. Location of Wall Removal 120 LF Streambank Stabilization Extent 245 LF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE. THIS MAP INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATED BY PILOT ON JUNE 14, 2023. Drawing 6 Aerial Imagery from ESRI and Pilot GPS Data -` Scale: 1" = 30' PIL13 Date: 8.10.2023 P I L O T E N V R 0 N M E N T A L N C Site Plan 714 Saint Cloud Drive Approximate 0.62-Acre Tract Statesville, Iredell County, NC Pilot Project 9689