SAW-2023-02160 Permit Verification_NWP13 and NWP 18_20240226

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
ASHEVILLE FIELD OFFICE
151 PATTON AVENUE ROOM 208
ASHEVILLE NORTH CAROLINA 28801
February 26, 2024
CESAW-RG-A
Ray and Shelly Burleson
953 Dick Jones Road
Hayesville, NC 28904
Via Email: [e-mail]
Dear Mr. and Mrs. Burleson:
This letter is in response to the Pre-Construction Notification (PCN) you submitted to
the Wilmington District, Asheville Field Office on November 6, 2023, for a Department of
the Army Nationwide permit (NWP) verification. This project has been assigned the file
number SAW-2023-02160 and is known as Creek Bank Stabilization. This file number
should be referenced in all correspondence concerning this project.
This after-the-fact permit verification authorizes the 225 linear feet of permanent
stream impacts to Eagle Fork Creek associated with bank stabilization activities and the
installation of a log impoundment. The project area is located at 953 Dick Jones Road,
at Latitude 35.018970 and Longitude -83.638740; in Hayesville, Clay County, North
Carolina.
Special Condition:
1. The log impoundment will be visually monitored to ensure structures, banks, and
channel are stable. The permittee will submit a photo log of the project site to the
agencies by July 1, 2024.
We have determined that the proposed work is authorized by NWP 13 and NWP 18
pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344).
The proposed work must be accomplished in strict accordance with the general permit
conditions, any regional conditions, the special conditions listed in this letter, and the
application materials. 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.
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 [phone]) to determine Section 401 requirements.
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 Shannon Healy, Regulatory
Specialist of the Asheville Field Office at 828-271-7980 ext. 4233, by mail at the above
address, or by email at [e-mail]. Please take a moment to
complete our customer satisfaction survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
Shannon Healy
Regulatory Specialist
Cc (via email)
Joey Winston, North Carolina Division of Water Resources
Andrea Leslie, North Carolina Wildlife Resource Commission