20240015 Ver 1_USACE Permit_20240321

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
ASHEVILLE REGULATORY OFFICE
151 PATTON AVENUE, ROOM 208
ASHEVILLE NORTH CAROLINA 28801
March 20, 2024
Regulatory Division
SAW 2024-00226
Jonathan Hartsell
P.O. Box 782
Spruce Pine, NC 28777
Via Email: [e-mail]
Dear Applicant
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Asheville Field Office on December 19, 2023 and was brought
to my attention on Feb 1st 2024 for a Department of the Army Nationwide permit (NWP)
verification. This project has been assigned the file number SAW 2024-00226 and is
known as UT Rock House Creek Restoration - Mitchell County). 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 removing of two dams and draining two ponds, the new stream channel will be
constructed using natural channel and bank design techniques. The work will provide a
more sustainable riparian ecosystem with natural buffers. Channel dimension, pattern,
and profile will be constructed to a tolerable morphology and held in place with multiple
in -stream and bank structures. The channel will be stabilized with constructed riffles,
boulder and/or log steps, boulder and/or log vanes, and an adjacent floodplain area.
Most of the footprint of the ponds will be graded and planted with a wetland seed mix. A
new wet ford will be constructed in the UT above the ponds in order to provide access
to the upper pastures. This will impact 15 feet of the UT. Discharges to the UT for the
ford will not require a permit and are considered exempt since the ford is for a
farm/silviculture road stream crossing. The project area for this determination includes a
2.82 acre(s) area which is illustrated on the enclosed site plans/maps. The
project/review area is located in a Unnamed tributary to Rock House Creek; at 506
Rock House Creek Road, in Spruce Pine, Mitchell County, North Carolina. The site
is Mitchell County PINs 0798-00-19-4203 and 0798-00-19-0973 and Latitude
35.881890 and Longitude-82.068110.
We have determined that the proposed work is authorized by NWP 27 pursuant to
authorities under Section 404 of the Clean Water Act (33 U.S.0 § 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. 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.
Project Specific Special Conditions:
1. In order to avoid/minimize effects to federally endangered/threatened species, tree clearing activities
must be conducted outside the Northern Long Eared Bat summer roosting season. All tree clearing
activities shall commence between October 15th and April 1st.
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 Brandee Boggs, Regulatory
Specialist of the Asheville Field Office at 828.271.7980 x4224, 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,
Brandee Boggs
Regulatory Specialist
CC: David Brown, Jennings Environmental; Andrea Leslie NCRWC; Laura Fogo USFWS; Andrew
Moore NCDWR

Compliance Certification Form
File Number: SAW 2024-00226
County: Mitchell
Permittee: Blue Ridge Resource Conservation & Development, Jonathan Hartsell
Project Name: UT Rock House Creek Restoration - Mitchell County)
Date Verification Issued: 3/20/2024
Project Manager: Brandee Boggs
Upon completion OR Within ## 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: Brandee Boggs
Asheville Field Office
151 Patton Ave Room 208
Asheville, North Carolina 28801
or
bran [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.
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

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7 SAMUEL ASHE DRIVE
ASHEVILLE, NC 28805
DATE: 12/18/2023
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SHEET NUMBER
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