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Home My WebLink About20231426 Ver 1_USACE Permit_20231129DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT ASHEVILLE REGULATORY FIELD OFFICE 151 PATTON AVENUE, ROOM 208 ASHEVILLE NORTH CAROLINA 28801 November 29, 2023 Regulatory Program/Division Jennifer Harrison Buncombe County Soil and Water Conservation District 49 Mount Carmel Rd Suite 101 Asheville, NC 28806 Via Email: Jennifer.harrison@buncombecounty.org Dear Mr./Ms. Harrison: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, Asheville Regulatory Field Office on October 17, 2023, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2023-02055 and is known as Gavin McCully Site Sandymush Creek. This file number should be referenced in all correspondence concerning this project. A review of the information provided indicates that the proposed work would include the stabilization of Sandymush Creek as well as an Unnamed Tributary to Sandymush, resulting in 300 linear feet of permanent stream impacts. The project area for this determination includes a 0.96 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located on the East side of Sandy Mush Creek Rd , at 353 Sandy Mush Creek Rd, Latitude 35.691360 and Longitude-82.766640; in Leicester, Buncombe County, North Carolina. We have determined that the proposed work is authorized by Nationwide Permit 37 pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.C. § 1344). The proposed work must be accomplished in strict accordance with the general permit conditions, any regional conditions, the application materials, and the enclosed plans "Buncombe County Ewp Sandy Mush Creek — McCully Buncombe County, North Carolina, Permit Drawings" sheet 1.1 through 6.1. If the extent of the project area and/or nature of the authorized impacts to waters are modified, a revised PCN must be submitted to this office for written approval before work is initiated. Any violation of permit conditions or deviation from your submitted plans may subject the permittee to enforcement action. This verification is valid until March 14, 2026, unless prior to this date the subject NWP(s) is suspended, revoked, or is modified such that the activity no longer complies with the terms and conditions of this NWP. If you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP. This NWP verification does not preclude the necessity to obtain any other Federal, State, or local permits, licenses, and/or certifications, which may be required. If you have any questions related to this verification or have issues accessing documents referenced in this letter, please contact Mitchell Anderson, Regulatory Specialist of the Asheville Regulatory Field Office at 828.271.7980 ext 4231, by mail at the above address, or by email at Mitchell.I.Anderson@USACE.Army.Mil. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.mil/customer-service-survey/. Sincerely, 0 1, Mitchell Anderson Regulatory Specialist Enclosures Cc (w/enclosures) David Brown, Jennings Environmental, PLLC (via david@jenningsenv.com) General Conditions (33 CFR PART 320-330): 1. The time limit for completing the work authorized ends on March 14, 2026. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner on the transfer form attached to this letter and forward a copy to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (WCQ: DWR #20231426). 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Notes: Per the letter from the North Carolina Wildlife Resources Commission (NCWRC) dated November 15, 2023, no wild trout would be affected by this project. Therefore, the moratorium has been waived. Attached are additional recommendations from the NCWRC for your consideration. Commencement Notification Form Action ID Number: SAW-2023-02055 County: Buncombe Permittee: Buncombe County Soil and Water Conservation District, Jennifer Harrison Project Name: Gavin McCully Site Sandymush Creek Date Verification Issued: 11/29/2023 Project Manager: Mitchell Anderson Upon commencement commencing the activity authorized by this permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS Wilmington District Attn: Mitchell Anderson Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 or Mitchell.I.Anderson@USACE.Army.Mil 828.271.7980 ext 4231 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. Construction Start Date: Signature of Permittee Date Compliance Certification Form Action ID Number: SAW-2023-02055 County: Buncombe Permittee: Buncombe County Soil and Water Conservation District, Jennifer Harrison Project Name: Gavin McCully Site Sandymush Creek Date Verification Issued: 11/29/2023 Project Manager: Mitchell Anderson 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: Mitchell Anderson Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 or Mitchell.I.Anderson@USACE.Army.Mil 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. hereby certify that the work, and mitigation (if applicable), authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit including any general or specific conditions. Date Authorized Work Started: Completed: Describe any deviations from permit (attach drawing(s) depicting the deviations): *Note: The description of any deviations on this form does not constitute approval by the Corps. Signature of Permittee Date ON BUNCOMBE COUNTY EWP -SITE ID: GAVIN MCCULLY - 37-11-21-5042-303 U Q ' m U LLI J Q U U) Q W Q 0 O _o M N O N ti 0 U O m 0 W Q U) U) U SANDY MUSH CREEK - MCCULLY BUNCOMBE COUNTY, NORTH CAROLINA LAT: 35.6913669, LONG:-82.7666413 PROJECT DIRECTORY PROJECT SPONSOR BUNCOMBE COUNTY SOIL &WATER CONSERVATION ANTHONY DOWDLE NCACSP SOIL CONSERVATIONIST ANTHONY. DOWDLE@BUNCOMBECOUNTY.ORG DESIGN TEAM ENGINEER JENNINGS ENVIRONMENTAL PLLC GREG JENNINGS, PHD, PE PRESIDENT GREG@JENNINGSENV.COM CONSTRUCTION CONTRACTOR TO BE DETERMINED PROPERTY OWNER(S) PIN OWNER 8782371662 GRAYCE MOUNTAIN RANCH LLC 8782263198 MCCULLEY GAVIN;MCCULLEY LAURA 8782184309 ROBINSON JAMES R;ROBINSON BETTY SHEET INDEX COVER SHEET 1.1 GENERAL PROJECT NOTES AND SPECIFICATIONS 1.2 STREAM RESTORATION -PLAN 2.1 TYPICAL SECTIONS 3.1- 3.2 STREAM RESTORATION PRACTICE DETAILS 4.1 - 4.2 EROSION &SEDIMENTATION CONTROL (ESC) 5.1- 5.3 RE -VEGETATION NOTES AND SCHEDULES 6.1 i Zo "'5 C'oMM CO� \i , OOYR "`�, ode i n�Y / O 0 ROBINSON JAMES R; n ROBINSON BETTY 8782184309 GRAYCE MOUNTAIN GFL / RANCH LLC 8782371662 N MCCULLEY GAVIN; SP' MCCULLEY LAURA 8782263198 PROJECT SITE NRCS DESIGN CERTIFICATION: 100V "TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, JUDGEMENT, AND BELIEF, THESE PLANS MEET APPLICABLE MRCS STANDARDS AND PERMITTING REQUIREMENTS. It GREG JENNINGS, PHD, PE PRESIDENT, JENNINGS ENVIRONMENTAL PLLC PERMIT DRAWING NOT FOR CONSTRUCTION October 17,, 2023 o�. a W Q Q z J JO a_ J 0� U U W U 2 � w0 O Lu z U U � Lu 00 = z ��O U � U z W Cm Z) C) G 00z0 Q U �z Z) m z _O CD ~ zC) LLI � LLJ =n U) U) O Lu U �0O W ILL 0 z 7 SAMUEL ASHE DRIVE ASHEVILLE, NC 28805 �Q�oFEssio�tiq';, SEAL 02;r DATE: 10/17/2023 SCALE (34"X22"): 1 " = 150' SCALE (17"X11"): 1" = 300' 0 150' 300' SCALE IN FEET SHEET NUMBER 1.1