20191757 Ver 1_USACE Correspondence_20191218

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2019-02374 County: Mitchell U.S.G.S. Quad: NC-Bakersville
NOTIFICATION OF UNAUTHORIZED ACTIVITY
Responsible Party:
Shifflet Joseph
Address: 4005 Bay Oaks Circle
Englewood,FL- 34223
Telephone Number: 941-716-3889
E-mail: [e-mail]
Property Size (acres) 2.41 Nearest Town Bakersville
Nearest Waterway Big Rock Creek River Basin French Broad -Holston
USGS HUC 06010108 Coordinates Latitude: 36.051608
Longitude:-82.187372
Location description: Project is located at 96 Rockdale Rd, Bakersville, NC PIN # 0855-00-82-0890 property owner is listed as
Sherwood Fender Jr. at 226 Aurora Drive Asheville, NC 28805.
Description of Activity: Bank stabilization was performed on a minimum of 100 linear feet during the trout moratorium
without previous authorization. The bank stabilization work could have been permitted under our Nationwide Permit #13 if
all the conditions were met, however due to timing of the project, it is in violation of permit condition 4.1.4 " In designated
trout watersheds, PCN is not required for impacts to a maximum of 100 linear feet (150 linear feet for temporary dewatering)
of streams or waterbodies for bank stabilization activities not adjoining, adjacent to, or in the relative vicinity of existing
stabilization structures. Materials for the stabilization structure(s) and design of the project must be constructed to withstand
normal and expected high stream flows. In designated trout waters, the permittee shall submit a PCN (see Regional Condition
2.7 and General Condition 32) to the District Engineer prior to commencing the activity if 1) impacts (other than
temporary36dewatering to work in dry conditions) to streams and waterbodies exceed 100 linear feet; 2) temporary impacts to
streams or waterbodies associated with dewatering to work in dry conditions exceed 150 linear feet; or 3) the activity will be
constructed during the trout waters moratorium (October 15 through April 15).". This section of Little Rock Creek is known
habitat for the Brown Trout and Hellbender; it is imperative not to disturb the streams during this moratorium. While
working in streams, an increase in river sediment is likely. Suspended sediment may affect fish health and behavior directly.
Furthermore, sediment loads may clog gravel beds impeding fish such as brown trout from spawning and reducing
recruitment rates.
Applicable Law(s): ® Section 301 (Clean Water Act, 33 USC 1311)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Enforcement Type: ® Unauthorized Activity
❑ Permit Non -Compliance
You are hereby notified that the above -described work required a Department of the Army (DA) permit and that you are in violation
of federal law as indicated above. You are advised to do no further work in waters or wetlands without a DA permit. Any further
unauthorized work in waters or wetlands may be considered an intentional violation of federal law.
We are not requesting any remedial actions to resolve this matter however please note that future and continued non-
compliance may result in referral of this case to the United States Attorney. Violations of the Clean Water Act can result in
administrative penalties, civil penalties of up to $27,500 per day of violation, criminal fines or imprisonment.
If there are any questions regarding this notification or the Corps of Engineers regulatory program, please contact Brandee.C.Bogas at
8282717980x4224or brandee.c.bousAusace.army.mil.
Corps Regulatory Official: 54.1� C. 5e,q,,-2 Date: 12/18/2019
Copies furnished by e-mail: [e-mail]; [e-mail]