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HomeMy WebLinkAbout20200793 Ver 1_USACE Permit_20200827U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2020-01064 County: Madison GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Charles Anderson Address: 2631 Revnolda Rd. Winston Salem, NC 27106 (336) 750-0522 cnderson@resourceinstituteinc.org Location description: PIN 9767-11-9462. Little Ivy Creek and the confluence of Paint Fork and California Creek. Description of projects area and activity: Restore 687 ft of Little Ivy Creek, 571 ft of California Creek, and 481 ft of Paint Fork in Madison County by stabilizing stream reaches through bank shaping, installation of in -stream structures, excavation of a new floodplain and planting native vegetative buffers. 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: 27 SEE ATTACHED NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS and comments by NCWRC. 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 06/16/2020 . 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 (LAMA), 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 Brandee Boggs at 828-271-7980, ext. 4224 or brandee.c.boggs@usace.army.mil. Corps Regulatory Official: U244Z64Z C. 43F e2 Date: August 27, 2020 Brand . Boggs Expiration Date of Verification: March 18, 2022 CF: elizabeth.paden@stantec.com; andrew.w.moore@ncdenr.gov; andrea.leslie@ncwildlife.org; (via email) Action ID Number: SAW-2020-01064 County: Madison Permittee: Charles Anderson Project Name: Little Ivy Stream Restoration Project Date Verification Issued: August 27, 2020 Project Manager: Brandee Boggs 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.: Brandee 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 ltl North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director August 5, 2020 Ms. Brandee Boggs U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Little Ivy Creek Stream Restoration Little Ivy Creek, Paint Fork, California Creek, Madison County Dear Ms. Boggs, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to restore 687 ft of Little Ivy Creek, 571 ft of California Creek, and 481 ft of Paint Fork in Madison County. I attended a site visit with agency staff and restoration designers and contractor on July 17, 2020. 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. The application proposes to stabilize eroding and unstable reaches of stream by adjusting pattern, profile, and/or dimension with bank shaping, instream brush runs, floodplain bench construction, and planting. In some areas, the channel will be realigned, including the confluence of Paint Fork and California Creek. Banks will be graded and a native riparian buffer of greater than 24 ft will be planted. Work will not be done in the dry, but equipment will work from the bank as much as possible. Coffer dams of native cobble will be used to divert flows around instream work areas. A pool may be excavated on the downstream end of the project periodically during project construction. Stranded animals in abandoned reaches will be rescued with seine and buckets to the flowing stream. 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. Project Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Little Ivy Creek Stream Restoration Page 2 August 5, 2020 L Ivy, California, Paint Fk, Madison County plans note that the contractor will only disturb a reach of stream that can be constructed and stabilized in one working day. 2. Special care should be used to reduce the potential for sediment loss from the site. 3. 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. 4. Efforts should be made to avoid impacts to large native trees on site. 5. Miscanthus should be removed from access routes before equipment enters these areas in order to minimize the spread of this invasive grass. 6. Notify Andrea leslie (andrea.leslie&ncwildlife.org) when construction begins. 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: Chris Engle and Elizabeth Paden, Stantec Andrew Moore, NC Division of Water Resources Stantec Stantec 2127 Ayrsley Town Boulevard, Suite 300 Charlotte, North Carolina 28273-3555 Tel: (704) 329-0900 www.stantec.com Copyright Reserved The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. Consultant Notes N 0 Revision A Issued File Name: 2020-06-11 IMPACTS FIGURE Permit/Seal By Appd YYYY.MM.DD By Appd YYYY.MM.DD SPJ EJEP CME 2020.05.01 Dwn. Dsgn. Chkd. YYYY.MM.DD NOT FOR CONSTRUCTION Client/Project Logo No RESOURCE INSTITUTE Client/Project RESOURCE INSTITUTE, INC. LITTLE IVY CREEK STREAM RESTORATION Madison County, NC Title PROPOSED IMPACTS Project No. 172621108 Revision Sheet x 1 of Scale AS NOTED Drawing No.