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HomeMy WebLinkAbout20210403 Ver 1_USACE Permit_20220324U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2021-00224 County: Buncombe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Windsor Built Homes, Inc. / Attn: Scott Street Address: 40 West Broad Street, Suite 500 Greenville, SC 29601 Telephone Number: 864-370-9037 Location description: The project site is located at 305 Brooks Cove Road, in Black Mountain, Buncombe County, North Carolina. Coordinates are: 35.623738 -82.302819 Description of projects area and activity: This permit verification authorizes the installation of two road crossings to access a residential development. Impacts authorized total 0.05 acre of wetlands and 177 linear feet (0.019 acre) of stream channels. Special Conditions: 1) In -stream work is prohibited from January 1 to April 15 to protect trout spawning per recommendation from the North Carolina Wildlife Resource Commission (attached). 2) Adjacent/undisturbed wetland areas to the proposed impact areas should be clearly demarcated with protective fencing prior to and during construction activities and remain in -place until permitted activities has been completed and a compliance inspection has been conducted by the Corps project manager. 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: NWP 29 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 January 14, 2022 and February 9, 2022. 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. 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: nda Jones Expiration Date of Verification: March 15, 2026 CF: ClearWater Environmental Consultants, Inc., Attn: Clement Riddle Date: March 24, 2022 Action ID Number: 2021-00224 County: Buncombe Permittee: Windsor Built Homes, Inc. / Attn: Scott Street Project Name: Brooks Cove Road / NWP #29 Date Verification Issued: March 24, 20222 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://regulatory.ops.usace.army mil/customer-service-survey/ 4 North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director January 19, 2022 Ms. Crystal Amschler U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Brooks Cove Road UT to Swannanoa River and wetlands, Buncombe County Dear Ms. Amschler: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to culvert 177 ft of an unnamed tributary (UT) to the Swannanoa River and fill 0.053 acre of wetland in Buncombe 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). Wild Rainbow Trout are found downstream of the project, and instream activities should be avoided between January 1 and April 15 to minimize impacts to trout reproduction. In addition, Eastern Hellbender (Cryptobranchus alleganiensis, US Federal Species of Concern, NC Special Concern) is found in the Swannanoa River. Excellent erosion and sediment control are necessary to minimize impacts to these sensitive species. Reinforced concrete pipe (RCP) culverts are proposed on two stream crossings. We recommend against RCP, as this smooth material is less likely to hold stream substrate and provide for movement of aquatic organisms like fish and salamanders. We recommend maintaining a buffer of at least 30 ft on the stream to provide shade and ensure streambank stability. 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 work day. A native riparian seed mix and native shrubs and trees should be used to permanently stabilize disturbed stream areas. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Brooks Cove Road Page 2 January 19, 2022 UT Swannanoa R, Buncombe Co. 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. In -stream activities should be avoided between January 1 and April 15 in order to minimize impacts to wild trout reproduction. 4. The proposed culvert would be RCP material. We recommend against using RCP or HDPE material, as this material is less likely to hold stream substrate and provide for movement of aquatic organisms like fish and salamanders. 5. We recommend maintaining a buffer of at least 30 ft on the stream to provide shade and ensure streambank stability. 6. Limit impervious surface to less than 10% or use stormwater control measures to mimic the hydrograph consistent with an impervious coverage of less than 10%. 7. Use non-invasive native species and Low Impact Development (LID) technology in landscaping. Using native species instead of ornamentals should reduce the need for water, fertilizers and pesticides. Using LID technology in landscaping will not only help maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site. 8. Limit native vegetation clearing as much as possible. Maintain open space areas with native vegetation and maintain the undeveloped area to the north as a forested green space. 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: Britten Yant, Clearwater Environmental Andrew Moore, NC Division of Water Resources PIN: 061 f,87-.A77 4 / I D�JAMES R 5745 pG I I / BC ZONI ) I�SE: RES( N OATH 0 100 1 1 u /< J: 0619-57-3665 1// VI_ D. TWEED (LE) BARA H. TWEED (LE) II B 5050 PG 753 I BC ZONING: R-1 RESIDENTIAL__, - \A,\ \\ \ I I �\ III II / / I IIl A\���\\\�\\; )J))Il// 111IIII :\\\�\�\\� N,%III//IIi1l Civil Design Concepts, PA NCBELS C-2184 USE: 12E IDEN7TIAL \ PROPOSED WETLAND IMPACT 3 (324 SF) Kt61 55-241 \ �\ \ JOHN MU(J5Y M205)50 �59-7\ \ \\\ RFYDENTIA\ \ \ \ \ \ v � PIN: 0619-88-2565 JAMES * MARY MUNDY DB 1553 PG 455 \Bc1 ZONING: UR A U F: RESIDENTIAL I� • .. • PROPOSED STREAM IMPACT 2 (79 LF, 388 SF AREA) PROPOSED WETLAND IMPACT 4 (596 SF) \Vv \\III II I (0l l / / /ii \\V��/��/� \ C M Ry �\RS \\\ \ \ B D�zoG \ \ 1 \ \ \ 1 \ a.zoNli�G: u 5 \ \ US%.: RE51 ENTI PROPOSED STREAM IMPACT 1 (98 LF, 443 SF AREA) / Il ltiII/ ❑ /1 1 111 I PIA'96LY@7d7�5 II I I I II 111 1 ( r II l /i / 7z , zz/�— \�,�� -/ % = 1(-LZ JE551CA AO I / \ f75�: RESIDfN�A9 / I\� \\\\ � N ( ( r / / � // // JAi## FA4EID7iID�_ �\\\\ \ B 20 2W �71(I / r / \ i \ \ \ I r — — iB �\�\\ � i�i �� De�Z 42 i /\\��\�\\\�\�\\ \\\\\\\\\i\ \ ll(/i//�//ice NOTE: STREAM IMPACT AREAS ARE MEASURED FROM THE TOPS OF BANKS AND THE PROPOSED LIMITS OF GRADING. 55, \\ BROOKS COVE STREAM IMPACT MASTER BULLETIN FEBRUARY 2022 N OprN 0 30 / / e4 / / / / PROPOSED STREAM IMPACT 1 (98 LF, 443 SF AREA) co \1 8S `S' V.:2423.4' —�I V.: 242 I.9' EXISTING TOP OF BANK (TYP) cp Civil Design Concepts, PA NCBELS #: C-2184 EXISTING STREAM "SOUTH" EXISTING STREAM BUFFER (TYP) INSTALL TEMPORARY SANDBAG WALL FOR STREAM DIVERSION DURING HEADWALL AND BYPASS PIPE INSTALLATION (SEE DETAIL D3.02) 2432 2430 NOTE: STREAM IMPACT AREAS ARE MEASURED FROM THE TOPS OF BANKS AND THE PROPOSED LIMITS OF GRADING. PROPOSED BYPASS PIPE (SEE DETAIL D3.02) PROPOSED STORM SYSTEM (TYP) PROPOSED PERMANENT 42" HDPE DOUBLE PIPE CULVERT STREAM CROSSING. 2440 —2440 2430— HDPE®2.6% 2420- 2410— m U N m U d- aD N aim N 0 + d N d c Q 0 0 Iz 0 0 FINISHED GRADE PROPOSED STORM CROSSING m U m 0 EXISTING GRADE 2420 2410 2400 ' 2400 o o ,- o 0 o+ + + THE 42-INCH HDPE PIPES SHALL BE INDIVIDUALLY WRAPPED IN FILTER CLOTH. THE PIPE INVERT IS TO BE FITTED WITH "FLEXI BAFFLE" CULVERT BAFFLES BY S. SCOTT AND ASSOCIATES, OR APPROVED EQUAL, AND INSTALLED PER MANUFACTURER'S STANDARDS. THE BAFFLES SHALL BE INSTALLED AT 8-FOOT SPACING AND NO CLOSER THAN 4 FEET TO A PIPE JOINT OR END. THE BAFFLES ARE TO BE ATTACHED TO THE HDPE INVERT BETWEEN THE CORRUGATIONS WHERE THE FULL WALL THICKNESS IN PRESENT. CULVERT 3 BROOKS COVE STREAM IMPACT 1 IMPACT BULLETIN FEBRUARY 2022 N OprN I THE 42-INCH HDPE PIPES SHALL BE INDIVIDUALLY WRAPPED IN FILTER CLOTH. THE PIPE INVERT IS TO BE FITTED WITH "FLEXI BAFFLE" CULVERT BAFFLES BY S. SCOTT AND ASSOCIATES, OR APPROVED EQUAL, AND INSTALLED PER MANUFACTURER'S STANDARDS. THE BAFFLES SHALL BE INSTALLED AT 8-FOOT SPACING AND NO CLOSER THAN 4 FEET TO A PIPE JOINT OR END. THE BAFFLES ARE TO BE ATTACHED TO THE HDPE INVERT BETWEEN THE CORRUGATIONS WHERE THE FULL WALL THICKNESS IN PRESENT. EXISTING STREAM "NORTH" EXISTING 2' CONTOURS PROPOSED STREAM IMPACT 2 (79 LF, 388 SF AREA) PROPOSED BYPASS PIPE (SEE DETAIL D3.02) PROPOSED PERMANENT 42" HDPE DOUBLE PIPE CULVERT STREAM CROSSING. PO? 1. ip Design Concepts, PA NCBELS #: C-2184 NOTE: STREAM IMPACT AREAS ARE MEASURED FROM THE TOPS OF BANKS AND THE PROPOSED LIMITS OF GRADING. INSTALL TEMPORARY SANDBAG WALL FOR STREAM DIVERSION DURING HEADWALL AND BYPASS PIPE INSTALLATION (SEE DETAIL D3.02) PROPOSED 2' CONTOURS PROPOSED STORM SYSTEM (TYP) I I 2< EXISTING TOP OF BANK (TYP) EXISTING STREAM BUFFER (TYP) PROPOSED WETLAND IMPACT 2 (1,377 SF) 2460- 2450 FINISHED GRADE 2460 PROPOSED STORM CROSSING 2440- 2430— Q 0 O 0_ 2420- 0 0 0 N O PE. 0 3.4% /19 0 N N 0 0 0_ CULVERT A 2450 EXISTING GRADE —2440 —2430 —2420 o 0 + + BROOKS COVE STREAM IMPACT 2 IMPACT BULLETIN FEBRUARY 2022 CIRCULAR CULVERT WATER SURFACE STREAMBED MATERIAL —� SEE NOTES BELOW Val -I Mw1 I MIN COVER (SEE TRENCH DETAL) INITIAL BACKFILL -MPACTED TO 98% F STANDARD PROCTOR) HAUNCH (COMPACTED TO 98% OF STANDARD PROCTOR) SUITABLE FOUNDATION NOTES: 1. CULVERTS GREATER THAN 48" IN DIAMETER SHALL BE BURIED AT LEAST ONE FOOT BELOW THE BED OF THE STREAM 2. CULVERTS 48" IN DIAMETER OR LESS SHALL BE BURIED 25% OF THE TOTAL DIAMETER BELOW THE BED OF THE STREAM cl Design Concepts, PA NCBELS #: C-2184 STREAM CULVERT NOT TO SCALE Dewatering Device or dirt/sediment bag) Flow Discharge Pump Into Velocity Dissipater Discharge Hose Dewatering Pump (as needed) Discharge Hose Work Area Length Not To Exceed That Which Can Be Completed In One Day Sheeting Flow Intake Hose Sump —hole Or Pool 12" Min Depth 2' Min Diameter Diversion Pump Base Flow + 1 Foot (2 Foot Minimum) Cross Section Of Sandbag/Stone Diversion SECTION A -A PUMP AROUND / DEWATERING PLAN VIEW DETAIL NOT TO SCALE BROOKS COVE STREAM IMPACT DETAIL BULLETIN FEBRUARY 2022