20231642 Ver 1_USACE Permit_20240112

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
ASHEVILLE REGULATORY FIELD OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE NORTH CAROLINA 28801
January 12, 2024
Regulatory Program/Division
Jennifer Harrison
Buncombe County Soil & Water Conservation District
49 Mount Carmel Road,
Suite 101
Asheville, NC 28806
Via Email: [e-mail]
Dear Ms. Harrison:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Asheville Regulatory Field Office on November 30, 2023, for a
Department of the Army Nationwide permit (NWP) verification. This project has been
assigned the file number SAW-2023-02329 and is known as EWP Storm Fred
Buncombe County - Valerie Allen Site. 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 discharge of fill material along 160 linear feet of stream to facilitate the stabilization
of eroding banks . The project area for this determination includes a 0.33 acre(s) area
which is illustrated on the enclosed site plans/maps. The project/review area is located
at 23 Janet Road, at Latitude 35.50496 and Longitude-82.71364; in Candler,
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 special conditions listed in this letter, the
application materials, and the enclosed plans within the EWP Field Data Report, dated
09/23/2023. 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.
Project Specific Special Conditions:
1. In order to avoid/minimize effects to Wild Rainbow Trout reproduction, instream
activities are prohibited between the dates of January 1 through April 15.

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 [e-mail]. Please take a
moment to complete our customer satisfaction survey located at
https:Hregulatory.ops.usace.army.mil/customer-service-survey/.
Sincerely,
0 t
Mitchell Anderson
Regulatory Specialist
Enclosures
Cc (w/enclosures)
David Brown, Jennings Environmental, PLLC (via [e-mail])

Compliance Certification Form
Action ID Number: SAW-2023-02329 County: Buncombe
Permittee: Buncombe County Soil & Water Conservation District, Jennifer
Harrison
Project Name: EWP Storm Fred Buncombe County - Valerie Allen Site
Date Verification Issued: 1/12/2024
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
[e-mail]
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, 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