HomeMy WebLinkAbout20220276 Ver 1_USACE Correspondence_202203021
Anderson, Mitchell L
From:Brown, David W CIV USARMY CESAW (USA) <David.W.Brown@usace.army.mil>
Sent:Wednesday, March 2, 2022 10:12 AM
To:Steve Obst
Cc:Moore, Andrew W; Anderson, Mitchell L
Subject:[External] Comments to Permit Application - Obst Property Baler Drive, SAW-2021-02579
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Mark Obst,
The Corps has received (February 3) and reviewed your preconstruction notice/application for after‐the‐fact
authorization of impacts to waters of the U.S. associated with installation 120 linear feet of stream. The site is located on
tract of land (PIN 9630‐03‐9434) on Baler Drive, approximately 900 north of the intersection of Ray Hill Road and Baler
Drive in Mills River, Henderson County, NC. Coordinates are 35.35517, ‐82.58607. The Corps has the following
comments pertaining to the submitted application:
1. As noted above and in the Corps’ Notification of Unauthorized Activity (dated December 8, 2021), installation of new
culvert in the unnamed tributary (UT) of Boylston Creek did impact jurisdictional waters.
2. The impacts to jurisdictional waters associated installation of the new culvert resulted in 120 linear feet (0.008
acres) of permanent impacts to the UT and are a permanent loss of stream channel.
3. These impacts to jurisdictional waters require authorization from the Department of Army.
4. You requested utilization of Nationwide Permit (NWP) 3 in order to obtain after‐the‐fact authorization for the
impacts to the UT. Based on the Corps review of the submitted application; conversations with you and your
representatives; and an inspection of the site, the work conducted in jurisdictional waters does not meet the terms
and conditions of the NWP 3.
5. The Corps will authorize the impacts to jurisdictional waters under NWP 29.
If you have any questions please contact me.
Sincerely,
David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District‐Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801‐5006
828‐271‐7980, ext. 4232
david.w.brown@usace.army.mil