HomeMy WebLinkAbout20231729 Ver 1_USACE Permit_20240130 (2)DEPARTMENT OF THE ARMY
'1 U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
January 30, 2024
Regulatory Division
Wilmington District
Charlotte Regulatory Office
SAW-2023-02138
Jeffrey and Dawn Swackhammer
3013 Falcon Drive
Valencia, Pennsylvania 16059
Via Email: jswacksr@gmail.com
Dear Jeffrey and Dawn Swackhammer:
This letter is in response to the application you submitted to the Wilmington District,
Charlotte Regulatory Office on October 31, 2023 for a Department of the Army general
permit verification. This project has been assigned the file number SAW-2023-02138
and is known as Swackhammer Dredge. This file number should be referenced in all
correspondence with this office.
A review of the information provided indicates that the proposed work would include
dredging. The project area for this determination includes a 0.31 acre(s) area which is
illustrated on the enclosed site plans/maps. The project involves impacts to 0.31 acre of
Lake Norman for dredging. The project/review area is located in Lake Norman at 1404
Ron Whicker Drive, Catawba, Catawba County, North Carolina, at Latitude 35.675472
and Longitude-80.986200, in Catawba, Catawba County, North Carolina.
We have determined that the proposed work is authorized by Regional General
Permit 30 Waters of Lakes and Reservoirs 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 enclosed general permit conditions, any regional conditions,
the application materials, and the enclosed plans. If the extent of the project area and/or
nature of the authorized impacts to waters are modified, a revised application must be
submitted to this office for written approval before work is initiated. Any deviation from
the terms and conditions of the permit, or your submitted plans, may subject the
permittee to enforcement action.
This verification is valid until December 31, 2026, unless the subject general
permit(s) is suspended, revoked, or is modified prior to that date such that the activity
no longer complies with the terms and conditions of the general permit.
Project Specific Special Conditions:
1. Maintenance excavation must not exceed the original dimensions as defined by the
original permit or as clearly shown or otherwise defined by existing conditions of the
ditches, basins, canals, or channels. Maintenance excavation is allowed only for
facilities that are currently serviceable.
2. To avoid potential impacts to fish spawning areas, dredging and excavation activities
will not occur during the months of March, April, May, or June of any year.
3. Dredging will be limited to channel ward of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channel ward of the work.
4. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to
prevent erosion and sedimentation into adjacent waters or wetlands. The temporary
placement or double handling of excavated or fill material waterward of the normal
pool elevation is not authorized.
This general permit verification and any associated authorizations 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 Alexi Archer, PM of the Technical
Regional Execution Center on behalf of the Charlotte Regulatory Office at (912) 837-
9860, by mail at 100 West Oglethorpe St., Savannah, GA 31401, or by email at
Cristin.A.Archer@usace.army. mi1. If you have any questions related to follow-up actions
associated with this permit, such as compliance inspections, please contact
Jennifer Lawrence, PM of the Charlotte Regulatory Office at (980) 392-9980, by mail at
8430 University Executive Park Drive, Suite 615, Charlotte, North Carolina 28262, or by
email at Jennifer.L.Lawrence@usace.army.mil. Please take a moment to complete our
customer satisfaction survey located at https-Hregulatory.ops.usace.army.mil/customer-
servicesurvey/.
Sincerely,
Christopher Hopper
SAD TREC Team Lead
Enclosures
Cc (w/enclosures):
Donna P. Hrko, Lancaster's Custom Dock and Lift Systems, Inc (via
donna. lancasterdocks@gmail.com)
General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on December 31, 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 as detailed in General Condition 29 and forward a copy to this office
to validate the transfer of this authorization.
5. 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.
Compliance Certification Form
Action ID Number: SAW-2023-02138 County: Catawba
Permittee: Jeffrey and Dawn Swackhammer
Project Name: Swackhammer Dredge
Date Verification Issued: 1/29/2024
Project Manager: Alexi Archer
Upon completion OR Within 10 days of 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: Jennifer Lawrence
Charlotte Regulatory Office
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
Or
Jennifer.L.Lawrence@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.
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
10/30/23, 12:19 PM
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