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