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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