20230439 Ver 1_USACE Permit_20230502

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2023-00625 County: Swain
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Noonday Contractors, LLC / Attn: Brian Campbell
Address: 191 Cobb Road
Panama City, Florida 32413
Telephone Number: [phone]
Location description: The proposed project is located at 14750 Highway 19 West in Bryson City, Swain
County, North Carolina. The approximate project latitude is 35.335914, and the longitude is-83.618542.
Description of projects area and activity: The proposed project consists of bank stabilization along 250 linear
feet of the Nantahala River. This verification also includes prior stabilization activities along 100 linear
feet of the river bank.
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:
Nationwide Permit 13-Bank Stabilization
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 March 19, 2023; with subsequent information on April 24, 2023, and April 27, 2023. 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 Brooke Davis at 828-271-7980, ext. 4232 or [e-mail].
Corps Regulatory Official
Brooke Davis
Expiration Date of Verification: March 14, 2026
Copies Furnished (via email):
Kevin Seagle, SMCS
Andrew Moore, NCDEQ-DWR
Andrea Leslie, NCWRC
Date: May 2, 2023

SPECIAL CONDITIONS:
1. No in -stream work shall occur between January 1 through April 15 of any year to minimize
effects to trout species.
Notes:
Please refer to the attached letter dated April 28, 2023, from the North Carolina Wildlife Resources
Commission and consider all recommended actions to minimize impacts to aquatic communities.

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® North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
April 28, 2023
Brooke Davis
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Pizza by the River
Nantahala River, Swain County
Dear Ms. Davis:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 250 ft of the Nantahala River in Swain 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 in the Nantahala River in the project vicinity, and in -stream
activities should be avoided between January 1 and April 15 to minimize impacts to trout
reproduction. Effective erosion and sediment control are needed on the project to minimize
impacts to this sensitive species.
The project involves stabilization of an eroding section of river with stacked rock. The project
will be constructed when the upstream dam is not releasing; this will enable the work to be done
while the area is dry.
We offer the following recommendations to minimize impacts to fish and wildlife resources:
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.
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.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Pizza by the River Page 2 April 28, 2023
Nantahala R, Swain Co
3. In -stream work should be avoided between January 1 and April 15 to minimize impacts to
trout reproduction.
4. We recommend incorporating native herbaceous seed as well as shrubs to create some habitat
for birds and other 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: Andrew Moore, NC Division of Water Resources
Kevin Seagle, SMCS
Amanda Bushon, NCWRC

Action ID Number: SAW-2023-00625 County: Swain
Permittee: Noonday Contractors, LLC / Attn: Brian Campbell
Project Name: Pizza by the River Bank Stabilization
Date Verification Issued: May 2, 2023
Project Manager: Brooke Davis
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.: Brooke Davis
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