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HomeMy WebLinkAbout20201698 Ver 1_USACE Permit_20210122U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2020-02193 County: Watauga GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: David Helms & Melissa Pollard Address: 7 Steadman Wav Greer, NC 29650 Telephone Number: 828-406-4477 Location description: The site is located off Locust Lane, in Boone, NC. Coordinates are: 36.148456-81.779189 Description of projects area and activity: This permit authorizes the installation of culvert for access. Impacts to stream channels authorized by this permit total 30 linear feet. Recommendations from the North Carolina Wildlife Resource Commission (NCWRC) are attached for your consideration. By subsequent email correspondence, NCWRC waived the trout moratorium so work can proceed prior to April 15. 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: 18 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 December 11, 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. FUEMMELER.AM Digitallysignedby FUEMMELER.AMANDA.JONE ANDA.JONES.12 s.1242835090 Date: 2021.01.22 10:06:49 Corps Regulatory Official42835090-05'00' Date: January 22, 2021 Amanda Jones Expiration Date of Verification: March 18, 2022 CF: Brushy Fork Environmental Consulting Inc., Attn: Adam Williams (via email) Action ID Number: SAW-2020-02193 County: Watauga Permittee: David Helms & Melissa Pollard Project Name: Spice Bottom Creek Crossing / NWP 918 Date Verification Issued: January 22, 2021 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 Cameron Ingram, Executive Director December 15, 2020 Ms. Brandee Boggs U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Spice Bottom Creek Crossing Spice Bottom Creek, Watauga County Dear Ms. Boggs, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to permanently impact 30 ft of Spice Bottom Creek for a 20-ft culvert in Watauga 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 Brown Trout in the project vicinity, and instream activities should be avoided between October 15 and April 15 to minimize impacts to trout reproduction. The proposed culvert is a squash pipe, and a floodplain culvert is also planned, which should help pass flood flows. 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. As described in the application, disturbed areas should be seeded, mulched and/or matted 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. Instream activities should be avoided between October 15 and April 15 to minimize impacts to trout reproduction. 4. We recommend planting native shrubs and trees in disturbed area of the channel. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Spice Bottom Creek Crossing Page 2 December 15, 2020 Spice Bottom Cr, Watauga Co Thank you for the opportunity to review and comment on this project. Please contact meat (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program ec: Josselyn Lucas, BREC Sue Homewood, NC Division of Water Resources