20210472 Ver 1_USACE Permit_20210820

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2021-00753
County: Alleghany
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Noble Bishop Holdings, Inc. / Attn: Kenny Levesque
Address: 4431 Jim Beard Road
Maiden, NC 28650
Telephone Number: 828-748-2875
Location description: The site is located at 227 River Mountain Drive in River Mountain Estates, in Piney Creek, North
Carolina.
Description of projects area and activity: This permit authorizes installation of in -stream structures and bank
stabilization activities on the South Fork of the New River. Impacts authorized total 191 linear feet of the South Fork
of the New River. Attached are 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: 27
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
April 5, 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 [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].
akvl
Corps Regulatory Official: Date: 08/20/2021
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF: Foggy Mountain Nursery, Attn: Glen Sullivan (via email)

Action ID Number: 2021-00753 County: Alleghany
Permittee: Noble Bishop Holdings, Inc. / Attn: Kenny Levesque
Project Name: Levesque Stabilization Project / NWP 927
Date Verification Issued: 08/20/2021
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
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete our Customer Satisfaction Survey, located online at
https:Hrcgulatory.ops.usace.army.mil/customer-servicc-survcy/

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® North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
May 7, 2021
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Scudder Project
South Fork New River, Alleghany County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 191 ft of the South Fork New River in Alleghany 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).
Project activities should not impact wild trout and do not need to be avoided during the trout
moratorium. However, the South Fork New River is recognized by the NC Natural Heritage
Program as the South Fork New River Aquatic Habitat, rated Exceptional for the richness of rare
species it contains. Rare and listed species found in the river in the vicinity of the project include
Mimic Shiner [Notropis volucellus, NC Threatened (T)], Logperch (Percina caprodes, NC T),
Spike [Elliptio dilatata, US Federal Species of Concern (FSC), Seep Mudalia (Leptoxis dilatata,
NC SC), Eastern Hellbender (Cryptobranchus alleganiensis, NC SC, US FSC), Mudpuppy
(Necturus maculosus, NC SC), Kanawha Minnow (Phenacobius teretulus, NC SC), Kanawha
Rosyface Shiner [Notropis sp., NC Significantly Rare (SR)], and Appalachia Darter (Percina
gymnocephala, NC SR) are found throughout this reach of the South Fork of the New River.
Hellbenders have been surveyed for and found at this location. Due to the sensitivity of these
species to fine sediments, it is essential that excellent erosion and sediment control be maintained
during the project.
The application proposes to stabilize an eroding reach of bank on the South Fork New River
through sloping the bank, planting native woody and herbaceous vegetation, and installing one
in -stream rock vane. Most work will be done from the bank, but some instream access may be
necessary for proper installation of the rock vane.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Levesque Project Page 2 May 7, 2021
S Fork New R, Alleghany Co
We offer the following recommendations to minimize impacts to the aquatic community:
I. 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 work day.
2. 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.
3. For the rock vane installation, we recommend diverting flows around the work area in order
to reduce the risk of fine sediment liberation and loss.
4. Depending on the construction timeframe, NCWRC staff may come out to survey the site
before or after the project construction for rare animals. We ask that the project manager
coordinate with Andrea Leslie (andrea.lesliegncwildlife.org) and Luke Etchison
(luke.etchisongncwildlife.org) at least 3 weeks before the project begins and ensure their
access to the site.
5. Shelter rocks potentially used by hellbenders should be left undisturbed during construction
activities. Shelter rocks are typically large flat rocks at least a foot in diameter. If animals
are disturbed during construction, they should be captured in a bucket and moved away from
the area of disturbance. Please notify Lori Williams (lori.williamsgncwildlife.org) if
hellbenders are found.
6. We recommend that a woody buffer as wide as possible (we recommend at least 30 feet) be
planted on the stream as infrastructure allows in order to ensure project success. A wide
forested buffer can ensure greater bank stability, filter overland pollutants, and provide
habitat for birds and other wildlife.
Thank you for the opportunity to review and comment on this project. Please contact meat
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Glen Sullivan, Foggy Mountain Nursery
Sue Homewood, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service
Luke Etchison and Lori Williams, NCWRC