HomeMy WebLinkAbout20210796 Ver 1_USACE Permit_20210611U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2021-01216 County: Ashe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: David and Lisa Luczynski
Address: 512 W. End Avenue
Statesville, NC 28677
Telephone Number: 224-374-2679
Location description: The site is located adjacent/near 130 Stonebridge Lane, in Todd, NC. Coordinates are: 36.341146
-81.555291
Description of projects area and activity: This permit authorizes installation of culvert for driveway access. Impacts to
stream channels authorized by this permit total 30 linear feet of an 18" diameter pipe in an unnamed tributary to Call
Creek. No in -stream work is authorized between October 15 and April 15 to protect trout spawning. Attached are
additional recommendations from the North Carolina Wildlife Resource Commission 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: 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
May 13, 2021. 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:
Amanda Jones
Expiration Date of Verification: March 18, 2022
Date: June 11, 2021
Action ID Number: SAW-2021-01216 County: Ashe
Permittee: David and Lisa Luczynski
Project Name: Driveway culvert / NWP #18
Date Verification Issued: June 11, 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
May 14, 2021
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Culvert Pipe for Driveway - Luczynski
UT to Call Creek, Ashe County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to culvert an unnamed tributary (UT) to Call 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).
There are wild Brook Trout in Call Creek, and project activities should be avoided between
October 15 and April 15 in order to minimize impacts to trout reproduction. This native trout is
sensitive to excess sediment, and effective erosion and sediment management is essential to
protect this 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. At a minimum, disturbed areas should be stabilized within five working days
or seven calendar days, whichever is shorter.
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. Project activities should be avoided between October 15 and April 15 to minimize impacts to
trout reproduction.
4. We recommend that disturbed stream banks be planted with native vegetation to better ensure
bank stability.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Luczynski Culvert Page 2 May 14, 2021
UT to Call Cr, Ashe Co
5. Culvert material is not specified. We recommend against using slick -walled plastic (or high
density polyethylene) pipe, as this slick material is less likely to hold stream substrate and
provide for movement of aquatic organisms in a spring run like salamanders. Using material
like corrugated metal is more likely to allow movement of animals.
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: David Luczynski, landowner
Sue Homewood, NC Division of Water Resources