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HomeMy WebLinkAbout20200851 Ver 1_USACE Permit_20200729U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2016-00183 County: Ashe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Town of Lansing / Attn: Mayor Mack Powers Address: P.O. Box 266 Lansing, NC 28643 Telephone Number: 336-384-3938 Location description: The site is located at the Town of Lansing's Greenway/Fishing Pier on Big Horse Creek, in Lansing, NC. Coordinates are: 36.49946 -81.51325. Description of projects area and activity: This permit authorizes bank stabilization activities on Big Horse Creek to protect the existing pier. Impacts authorized by this permit total 68 linear feet of Big Horse Creek. Attached is the North Carolina Wildlife Resource Commission recommendations 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: 13 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 June 29, 2020. 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: ___________________________ Date: July 29, 2020 Amanda Jones Expiration Date of Verification: March 18, 2022 CF: NCWRC, Attn: Jeff Ferguson (via email) FUEMMELER.AMAN DA.JONES.1242835 090 Digitally signed by FUEMMELER.AMANDA.JONES.124 2835090 Date: 2020.07.29 17:40:54 -04'00' Action ID Number: SAW-2016-00183 County: Ashe Permittee: Town of Lansing / Attn: Mayor Mack Powers Project Name: Lansing Fishing Pier Stabilization / NWP 13 Date Verification Issued: July 29, 2020 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 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 July 16, 2020 Ms. Amanda Fuemmeler U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Lansing Park Accessible Fishing Pier Bank Stabilization Big Horse Creek, Ashe County Dear Ms. Fuemmeler: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to stabilize erosion around a fishing platform, 68 ft of Big Horse Creek 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). Wild trout reproduction should not be impacted by the project, and a trout moratorium is not needed. This portion of the river is recognized by the NC Natural Heritage Program as the North Fork New River Aquatic Habitat, rated Very High for the richness of rare species it contains. Four rare fish are found in Big Horse Creek in the vicinity of the project—Kanawha Minnow [Phenacobius teretelus, US Federal Species of Concern (FSC), NC Special Concern (SC)], Kanawha Rosyface Shiner [Notropis sp., NC Significantly Rare (SR)], Kanawha Darter (Etheostoma kanawhae, NC SR), and Tonguetied Minnow (Exoglossum laurae, NC SR)—as well as Seep Mudalia (Leptoxis dilatata, NC SC) and Eastern Hellbender (Cryptobranchus alleganiensis, US FSC, NC SC). Big Horse Creek is a Delayed Harvest Trout Water. The application proposes to stabilize erosion at the existing fishing pier with a 30-ft rock sill at the bank toe and a winged deflector. Work will be done from the bank. We recommend that flows be diverted around the work area with a coffer dam. The banks will be seeded, matted, and planted with native riparian seed and livestakes. 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 Lansing Fishing Pier Page 2 July 16, 2020 Big Horse Creek, Ashe County areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of each work day. 2. Special care should be used to reduce the potential for sediment loss from the site. 3. Work should be completed at low flows, and flows diverted around the work area. 4. 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. 5. Contact Lori Williams (lori.williams@ncwildlife.org) least 3 weeks before construction begins so that the area may be surveyed for hellbenders. 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: Sue Homewood, NC Division of Water Resources Byron Hamstead, US Fish and Wildlife Service Jeff Ferguson and Lori Williams, NCWRC NORTH CAROLINA WILDLIFE RESOURCES COMMISSION ENGINEERING SECTION 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.TOWN OF LANSING UNIVERSALLY ACCESSIBLE FISHING PLATFORM BIG HORSE CREEK ASHE COUNTY COVER, SHEET INDEX, SITE LOCATION25-JUN-2020LansingPFA_20.dwgJCFJCFJCFCOVERDIRECTIONS TO SITE:1.FROM ASHEVILLE, NC; FOLLOW I-40 EASTBOUND FOR 31 MILES.2.TAKE EXIT 85 (US-221) NORTHBOUND TOWARD MARION. FOLLOW US-221 FOR 41 MILES TO LINVILLE.3.AT LINVILLE, TURN LEFT ONTO NC-105 N. FOLLOW NC-105 N FOR 17 MILES TO BOONE.4.AT BOONE, CONTINUE STRAIGHT THROUGH AS NC-105 BECOMES US-221 BUS. FOLLOW FOR 1.7 MILES.5.TURN RIGHT ONTO US-221 N/ US-421 S (KING ST.). FOLLOW FOR 9.6 MILES TO DEEP GAP.6.AT DEEP GAP, TURN LEFT ONTO NC-221 N, AND FOLLOW FOR 12.4 MILES TO WEST JEFFERSON.7.AT WEST JEFFERSON, TURN LEFT ONTO NC-221BUS N. CONTINUE THROUGH TOWN AND AS NC-221BUS N BECOMESNC-194 / NC-88 W (JEFFERSON AVE.).8.FOLLOW FOR 3.8 MILES, THEN TURN RIGHT ONTO NC-194 N AT WARRENSVILLE.9.TAKE NC-194 N FOR 4 MILES INTO LANSING, AND THEN CONTINUE STRAIGHT ONTO NC SR1353 S. BIG HORSE CREEK RD.10.GREENWAY AND PROPOSED PIER SITE WILL BE ON THE LEFT.NORTH CAROLINA WILDLIFE RESOURCES COMMISSIONTOWN OF LANSING ACCESSIBLE FISHING PIERFLOOD DAMAGE REPAIRSBIG HORSE CREEK ASHE COUNTYSHEET INDEXCOVERSITE MAP, SITE DIRECTIONS & INDEXSD-1.0AS-BUILT & EXISTING SITE CONDITIONS, CONSTRUCTION SEQUENCESD-2.0PROPOSED BANK STABILIZATION @ PIER SITESD-6.0PROFILESSD-8.0DETAILS & SEEDING SCHEDULENOTE: IT IS THE CONTRACTOR'S RESPONSIBILITY TO CALL 811 FOR UTILITY LOCATION SERVICESPRIOR TO START OF CONSTRUCTION. ALL UNDERGROUND UTILITY LINES SHALL BE LOCATEDAND MARKED BEFORE BREAKING GROUND.ALL DEBRIS FROM CLEARING, EXCAVATION AND DEMOLITION SHALL BE LOADED ANDHAULED OFF-SITE FOR DISPOSAL A SUITABLE FACILITY. NO BURNING OR ON-SITE BURIAL OFWASTE SHALL BE PERMITTED.PERMIT DRAWINGSSITE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION ENGINEERING SECTION 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.TOWN OF LANSING ACCESSIBLE FISHING PLATFORM BIG HORSE CREEK ASHE COUNTY AS-BUILT & EXISTING SITE CONDITIONS, CONSTRUCTION SEQUENCE25-JUN-2020LansingPFA.dwgJCFJCFJCFSD-1.0EXISTING SITE CONDITIONS - PLAN VIEWLEGEND SFSFSFSFSFSFSFSFSFSFNORTH CAROLINA WILDLIFE RESOURCES COMMISSION ENGINEERING SECTION 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone: 919.707.0150 Fax: 919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.TOWN OF LANSING ACCESSIBLE FISHING PLATFORM BIG HORSE CREEK ASHE COUNTY AS-BUILT & EXISTING SITE CONDITIONS, CONSTRUCTION SEQUENCE25-JUN-2020LansingPFA_20.dwgJCF, TDJCFJCFSD-2.0PROPOSED BANK STABILIZATION AT FISHING PIERIMPACT - S1 NORTH CAROLINA WILDLIFE RESOURCES COMMISSION ENGINEERING SECTION 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.TOWN OF LANSING UNIVERSALLY ACCESSIBLE FISHING PLATFORM BIG HORSE CREEK ASHE COUNTY PROFILES25-JUN-2020LansingPFA_20.dwgJCF, KBHJCFJCFSD-6.0 PROFILE-B: ROCK TOE & BANK STABILIZATION PROFILE-A: ROCK SINGLE ARM VANE & BANK STABILIZATION NORTH CAROLINA WILDLIFE RESOURCES COMMISSION ENGINEERING SECTION 1720 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699 Phone:919.707.0150 Fax:919.707.0162 www.ncwildlife.orgDate:File Name:Surveyed:Designed:Drawn:Approved:Sheet No.TOWN OF LANSING UNIVERSALLY ACCESSIBLE FISHING PLATFORM BIG HORSE CREEK ASHE COUNTY DETAILS & SEEDING SCHEDULE25-JUN-2020LansingPFA_20.dwgJCF, KBHJCFJCFSD-8.0 COIR MATTING INSTALLATION DETAIL SEDIMENT FENCE INSTALLATION DETAILSEED & PLANTING SCHEDULESoil tests are recommended for ph and available nutrients, and soils of seeded areas should be amended according to test results.TEMPORARY SEED (MOUNTAIN REGION - SUMMER)BROWNTOP MILLET(Urochloa ramosa)Application Rate: 20Lbs./AcreORGERMAN MILLET(Setaria italica)Application Rate: 20Lbs./AcrePERMANENT SEED (NATIVE RIPARIAN MIX*)Application Rate: 5-10Lbs./Acre (for combined mix)SWITCH GRASS(Panicum virgatum)PARTRIDGE PEA (Chamaecrista fasiculata)DEER TONGUE (Dichanthelium clandestinum)LANCE LEAVED COREOPSIS(Coreopsis lanceolata)BLACK EYED SUSAN(Rubecka hirta)* Other native riparian species may be added or substituted with approval from NCWRC biologist or project engineer. Permanent seed for any disturbedupland areas of the park site shall match the existing grass species.STRAW MULCHSpread weed free wheat straw over all seeded areas including those where coir matting will be installed at a rate of 2 Tons/Acre or 800SF/Bale.LIVE STAKES*** (TO BE INSTALLED AFTER NOVEMBER 1)SILKY DOGWOOD(Cornus amonum)SILKY WILLOW(Salix sericea)NINE BARK(Physocarpus opulifolius)** Live stakes must be planted during the dormancy period (between November 1 - March 1).Live stakes may be cut from locally identified sources or purchased precut from nursery.%RWWRPRIVWDNHVKRXOGEHFXWDWƒDQJOH%HIRUHSODQWLQJVKDYHRXWHUEDUNIURPORZHUWRH[SRVHFDPELXPPlant stakes so that 2/3 of total length is in soil. Push stakes into soil or pre-bore holes with rebar. Plant in a diamond pattern with stakes spaced at 3'apart. SEDIMENT FENCE INSTALLATION DETAIL