20201480 Ver 1_USACE Permit_20201023

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2020-00641 County: Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Sweet Birch Commons, LLC / Attn: Jack Weaver
Address: P.O. Box 801
Black Mountain, NC 28711
Telephone Number: 410-533-8996
Location description: The site is located at 213 Blue Ridge Road, in Black Mountain, NC. Coordinates are 35.603032 -
82.325212
Description of projects area and activity: This permit authorizes placement of fill and installation of a road culvert for
development of a residential subdivision known as Sweet Birch Commons Phase III. Impacts authorized by this
permit total 0.095 acre of wetlands and 66 linear feet of stream channel. See attached Special Conditions below:
1) No in -stream work authorized between January 1 and April 15 per attached recommendations from the
North Carolina Wildlife Resources Commission (letter dated October 15, 2020).
2) Undisturbed/avoided wetlands should be clearly marked with protective tree fencing prior to permitted
impacts occurring.
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: 29
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
September 22, 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 [phone]) 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 [e-mail].
FUEMMELER.A Digitally signed by
FUEMMELER.AMANDAJO
MANDA.JONES NE5.1242835090
Date: 2020.10.23 08:59:47
Corps Regulatory Official: .1242835090-04'00' Date: October 23, 2020
Amanda Jones

Expiration Date of Verification: March 18, 20222
CF: C1earWater Environmental Consultants, Attn: Clement Riddle (via email)

A
� North Carolina Wildlife Resources Commission IQ
Cameron Ingram, Executive Director
October 15, 2020
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Sweet Birch Phase III
UT to Swannanoa River and wetlands, Buncombe County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to fill 0.095 acre of wetland and culvert 66 ft of an unnamed tributary (UT) to the
Swannanoa River in Buncombe 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).
There are wild Rainbow Trout in the project vicinity, and in -stream work should be avoided
between January 1 and April 15 in order to minimize impacts to reproduction. In addition, the
Swannanoa River supports the Eastern Hellbender (Cryptobranchus alleganiensis, US Federal
Species of Concern, NC Special Concern). These species are especially sensitive to
sedimentation, and effective erosion and sediment control measures for this project are essential
to protect these species.
We offer the following recommendations to minimize impacts to fish and wildlife:
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
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each workday.
2. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last
for years.
3. Non -impact wetland areas should be clearly demarcated with fence so that equipment stays
out of these sensitive areas.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Sweet Birch Phase III Page 2 October 15, 2020
UT Swannanoa R& wetland, Buncombe Co
4. In -stream activities should be avoided during January 1 to April 15 to minimize impacts to
Rainbow Trout reproduction.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Alea Tuttle, C1earWater Environmental
Andrew Moore, NC Division of Water Resources

Action ID Number: SAW-2020-00641 County: Buncombe
Permittee: Sweet Birch Commons, LLC / Attn: Jack Weaver
Project Name: Sweet Birch Commons Phase III / NWP #29
Date Verification Issued: October 23, 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

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