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HomeMy WebLinkAbout20240607 Ver 1_USACE Permit_20240603T op A t 6ryfrfd STA7E5`Oti PJh4'4`T Regulatory Division SAW-2023-01204 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT ASHEVILLE FIELD OFFICE 151 PATTON AVE ROOM 208 ASHEVILLE NORTH CAROLINA 28801 June 3, 2024 Sent Via email: jocaughey@gmail.com HEA Management, LLC Attn: Jeff Caughey 130 Juliette Courtney Lane Cedar Mountain, North Carolina 28718 Dear Mr. Caughey: This letter is in response to the Pre -Construction Notification (PCN) you submitted to the Wilmington District, Asheville Field Office on April 22, 2024, for a Department of the Army Nationwide permit (NWP) verification. This project has been assigned the file number SAW-2023-01204 and is known as After -the -Fact Permitting for Land Disturbance and Wetlands Encroachment, HEA Management LLC. This file number should be referenced in all correspondence concerning this project. This after -the -fact permit verification authorizes the permanent impact to 0.099 acres of wetlands associated with the development of an RV camping and storage facility. The project area for this determination includes a 8.28 acre(s) area which is illustrated on the enclosed site plans/maps. The project/review area is located in the French Broad river basin; on the south side of Greenville Highway 0.3 miles west of the intersection of Greenville Highway and Cascade Lake Road, at Latitude 35.148190 and Longitude - 82.652510; in Brevard, Transylvania County, North Carolina. We have determined that the proposed work is authorized by NWP 29 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 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 15, 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 Shannon Healy, Regulatory Specialist of the Asheville Field Office at 828-271-7980 ext. 4233, by mail at the above address, or by email at shannon. healy@usace.army. mi1. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.miI/customer-service-survey/. Sincerely, Shannon Healy Regulatory Specialist Cc (via email) Terry Allen, PE, MSE, T.E. Allen Engineering, PC Andrew Moore, NC Division of Water Resources Andrea Leslie, NC Wildlife Resources Commission Compliance Certification Form File Number: SAW-2023-01204 County: Transylvania Permittee: HEA Management, LLC, Attn: Jeff Caughey Project Name: After -the -Fact Permitting for Land Disturbance and Wetlands Encroachment, HEA Management LLC Date Verification Issued: 6/3/2024 Project Manager: Shannon Healy 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: Shannon Healy Asheville Field Office 151 Patton Ave Room 208 Asheville, North Carolina 28801 or shannon. healy@usace.army.miI 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 AFUE1R=UHE-FAC U 4011404 pEWUTHA SOT LQHD DWURANCC o W7LANDS EEC ROQCHM EHr HEA MANAGEMEN(�Tn,�L�fLrC� and 5� �JIEFFREY CAUGHEY 10543 GFHOITWH� e Muhwmy, 1�91�1�JC4111 I1VIlOO W11 1SGl�n, uTans 90 ERN caulfly, HC GENERAL NOTES & SPECIFICATIONS (These Notes & Specifications shall apply to all drawing sheets.) 1.0 This is an After —The —Fact Plan to address limited and small scale land disturbance and wetlands encroachment for the purpose of constructing several RV Camp Sites. The Camp Sites, utilities and access road were designed by other, and were constructed prior to the preparation of this Plan. 1.1 This Plan is intended to address the NCDEQ—DWR NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT, NOV-2023—CV-0019. Failure to Secure 401 Water Quality Certification, Wetland Standards Violation. 1.2 All work shall be in accordance with NCDEQ—DWR 401 Water Quality requirements; NCDEQ—DLR Land Quality requirements including Trout Buffer requirements; USACE 404 Water Quality Permit requirements; FEMA Floodplain requirement; OSHA Safety & Health requirements; local County Floodplain, erosion control and stormwater requirements; and all other applicable codes, ordinances, and regulations. All work shall be in accordance with these Plans. 1.3 All property boundaries nearest the work area shall be located and flagged by a Professional Land Surveyor prior to beginning work. 1.4 Contractor shall verify and establish Elevations prior to beginning work. The finish grades shall match the existing preconstruction grades unless directed otherwise by the Owner Do not locate any part of the work within any set —back, easement, right—of—way, floodway, flood fringe, trout buffer, ORW setback, or across any property line without outhorization(s) and permit(s). Contractor shall obtain all required permits prior to beginning work. Contractor shall locate all property boundaries nearest the work area, prior to beginning work. Contractor shall locate, flag and protect all underground utilities prior to beginning work. 2.0 CONDITIONS FOR USE OF THIS PLAN. These conditions .. apply to all sheets and all engineering provided herein. By w accepting this Plan, you and any others to whom it is distributed, agree to the following conditions; a 2.1 As a result of this design, a number of observations have been made and recommendations provided, including plan(s), details and specifications. It should be noted that the plan(s), detail and specifications provided herein are based on information provided as of this writing. It is conceivable that additional information may be forthcoming which bears on these details and specifications. The right is reserved, therefore, to review and modify all observations, conclusions, details and specifications at any future point in time should, in fact, additional information become available. 2.2 Limitation of Liability. All other work that may be required, but not shown herein, shall be designed by the Contractor. By accepting this engineering document, the Owner, Contractor and any others to whom it is distributed, agree to a strict limitation of liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its employees to an amount not to exceed $5,000.00 or one—half the total amount of paid invoices, whichever is less. 2.3 Indemnification. The Owner and the Contractor shall indemnify and hold harmless T.E. Allen Engineering, PC (hereinafter the `Engineer"), and its officers, agents, employees and assigns, to the fullest extent permitted by law, for any loss, cost expenses or damages incurred by the Engineer as a result of the Owner's and/or Contractor's breach of this Agreement or for any act or omission caused solely by the negligence of the Owner and/or Contractor, its employees and its other consultants and subcontractors. This requirement to indemnify and hold harmless shall include compensation for the Engineer's reasonable attorney's fees. PRELIMINARY — NOT FOR CONSTRUCTION 0 ° 4) m J^ J N TN b Z C O ^O) O EUU oaf °c ate;; ON °'.2 °,°i E C ON1, O W y0 �001'L 2Qt2U V N CL n c N E 0 U w w00 OZ�I ISO c� m��r.= W "0" "E ZW wZ J b^ J rn Q ZU Lq Z U J J 0 C �. a) o : z zooZ00) aEi o �0 �U �O�O U 0 Q�= w p�' 3 U I w a I o �°coN O 0= 0 N O F� t �,?0 1 T= TLO i N — U) > C 0 U(�~�Z Lo 4) 0 �� 1 04-08-2024 1 THESE DETAILS AND SPECS ARE NOT C Copyright 2024 T.E. ALLEN ENGINEERING, PC and Ter E. Allen, PE. All Rights Reserved Worldwide APPLICABLE FOR HEFT �E. Terry 9 ANY OTHER SITE. 3.0 TURBIDITY CONTROL: The Owner / Contractor shall install all necessary erosion control and turbidity control measures necessary to insure the turbidity in the Lake or downstream waters does not exceed the DWQ's Turbidity Standards specified in 15A NCAC 02B .0211(21). [15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0211(21)] 3.1 Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. Compliance with this turbidity standard shall be deemed met when land management activities employ Best Management Practices (BMPs), as defined by Rule .0202 of this Section, recommended by the Designated Nonpoint Source Agency, as defined by Rule .0202 of this Section. 3.2 The turbidity level of all discharge shall be monitored with calibrated turbidity meters and the filtration equipment shall be adjusted as necessary to insure compliance with Water Quality Standards. The water around the work areas shall likewise be monitored with calibrated turbidity meters and the turbidity curtains shall be adjusted as necessary to insure compliance with Water Quality Standards. Provide additional rows of Turbidity Curtains (upstream side of work area) and Slit Fence (down stream side) at work area to as required maintain water quality standards. E O 4) Co .6 4.0 The RV Sites and Roads located within the 100—year S v TN flood area shall be constructed "on —grade" so as not to o ?^N o NU O' ENL O impact the flood area. The contours shown are the final .. E,U 100 contours. The bottom of electrical panels & electrical w 4) `N recepts at RV Sites located within the 100 year flood zone!coo E 0 ON1l O shall be elevated 2—FT above the Base Flood elevation d WyMdw�t (BFE). a xat2c> CL 5.0 Any borrow or waste must come from or go to a N E permitted site and or facility. owner shall provide (and Z a show on plan) waste or fillsite permit number. W 6.0 Where additional or new land disturbing activity is W� ? od Mod M= performed; Provide double row of wire backed silt fence or Z oZ^ Md Q Chain Link Super Silt Fence between construction activities W o and receiving streams, sensitive utilities, or other areas of E N a -SS- zw concern. W Z J J b� � 7.0 FLOODPLAIN DEVELOPMENT PERMIT. The Owner / Q" Contractor shall obtain a Floodplain Development Permit UJI ZM where required by the local Flood Plain Manager. B� U J J O C� RECEIVING WATERS; °' ° : Stream Index: 6-38—(1) aEi o d Z� °o Z o Stream Name: Little River (Cascade Lake) a F" 0 of Description: From source to Cascade Lake Dam U Q C Classification: C; Tr w o Lo v w W Date of Class.: March 31, 1958 = a, River Basin: French Broad W a -o .9' ° 00 x o o= oN E~ � _o T= >TLO U)rn 1= U(�~0 0 PRELIMINARY — NOT 4-- FOR CONSTRUCTION o 1 04-08-2024 1 THESE DETAILS AND SPECS ARE NOT C Copyright 2024 T.E. ALLEN ENGINEERING, PC and Ter E. Allen, PE. All Rights Reserved Worldwide APPLICABLE FOR HEFT>�E. Terry 9 ANY OTHER SITE. 8.0 TROUT BUFFER WAIVER. The Owner/Contractor may be required to obtain an After —The —Fact Trout Buffer Waiver for the disturbance within the Trout Buffer. Trout Buffer Zone Requirements • A 25—foot minimum width undisturbed buffer zone shall be protected adjacent to trout waters designated by the Environmental Management Commission. The 25—foot width buffer zone shall be measured horizontally from the top of the bank to the nearest area of disturbance. • Where a temporary and minimal disturbance is permitted as an exception by G.S. 113A-57(1), land —disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10 percent of the total length of the buffer zone within the tract and distributed such that there is not more than 100 linear feet of disturbance in each 1000 linear feet of buffer zone. • Upon a written request of the applicant, the Director may allow a larger area of disturbance than provided in Paragraph (c) of this Rule if the applicant demonstrates that additional measures will be utilized that will achieve an equal or more effective level of erosion and sedimentation control than would be achieved had the specifications prescribed in Paragraph (c) of this Rule been followed. • No land —disturbing activity shall be undertaken within a buffer zone adjacent to trout waters that is predicted by the approving authority to cause stream temperature violations in these waters as set forth in 15A NCAC 02B .0211 which is hereby incorporated by reference including subsequent amendments and editions. Reference: 15A NCAC 04B .0125 E O 4) Co .6 9.0 WATER QUALITY STANDARDS for TROUT co J y TN �L cU o WATERS. The surface water standard for o,ZC4Cq CS N U O= N O trout waters is not less than 6.0 mg/I .. E,L)'B 00 dissolved oxygen and 10 nephelometric w aw~ 0,0 turbidity units (NTUs). o coo E ON 1, O N WSO Mnt -Reference: 15A NCAC 02B .021 a =¢^" V N CL n c N E 0 E 0 U LL at w r�t0 Z ` OZ�I ISO CD W 0 O O N N E zw wZ J b� J � Q ZU H . j•Me LLJ Z U J J 0 c �. o } aEi o z o,Lc'o d o ° Z o Z C: ��� U Qoo� w W a -a �.g 0a x o o= oN T= >TLr) �7> U)0) C UCH~0 0 PRELIMINARY — NOT � o FOR CONSTRUCTION 1 04-08-2024 1 THESE DETAILS AND I D —3 SPECS ARE NOT J 1�. C Copyright 2024 T.E. ALLEN ENGINEERING, PC and Ter E. Allen, PE. All Rights Reserved Worldwide APPLICABLE FOR HEET3OF5 Terry 9 ANY OTHER SITE. © Copyright 2024 T.E. ALLEN ENGINEERING, PC and Terry E. Allen, PE. All Rights Reserved Worldwide LAND SURVEY, TOPO AND BOUNDARY INFORMATION WAS PROVIDED BY PETIT LAND SURVEYING PLLC. EXISTING GRAVE ROAD. The RV Sites and Roads located within the 100—year flood area shall be constructed "on —grade" so as not to impact the flood area. The bottom of electrical panels & electrical recepts at RV Sites located within the 100 year flood zone shall be elevated 2—FT above the Base Flood elevation (BFE). P❑RTI❑N OF GRAVEL ROAD ACROSS P/L (ENCROACHMENT), 125—FT TROUT BUFFERI PRELIMINARY — NOT FOR CONSTRUCTION THESE DETAILS AND SPECS ARE NOT APPLICABLE FOR ANY OTHER SITE. PORTION C/L OF DRAINAGE DITCN ZONE K O��TNO FR f L� FZLE� 1t,� PE SNPP ZONE AE HEA MANAGEMENT,LLC B.B. 925 PG. 800-0 PF. 20 SLD. 102 4.° .4' e METER BASE EXISTING WETLANDS ENCROACHMENT. To be addressed by After —The —Fact Nationwide Permit 29 for Residential Development to authorize the 0.1 acres of wetland filling that has been conducted on the property. METER B R> mY ant EXISTING ELECTRICAL METER BASE, TYPICAL. BOTTOM OF ENCLOSURE TO BE ELEVATED 2—FT MIN. ABOVE THE BASE FLOOD ELEVATION (BFE). ;= V WATER QUALITY O1 y2� ye op or STREAMBAK X x ` (nIELDnV"K` I�I1\ C X X X X X CLASSIFICATION for y>> zutl 62 X X X •SU-5o,2.E) x x LITTLE RIVER; 3 X X X N78 4151nE .19.]2' SS X X x x xz"z X x X C: TROUT X X ,�( X X Xgop623 X X X X X X X .x X X X X N6 38 p5 X X X X X X X X X `S89°55'58"E X X X X x X X X �ER1v�R X X X X :29 9K X X X XXX (SCALED FROMµDEN FILE) x X X X) L�� FLO x x x x x x x x x X X X X X x X LITTLE RIVER ES DMum AUR C� (FLOW) �•piG K. B. R RBPG. 3 -399 P.F.F.. 12 SLp. 344 AFTER —THE —FACT SITE PLAN for 401/404 PERMITTING NOT TO SCALE s - C AFTER -THE -FACT PLAN for 4oi / 404 PERMITTING T.E. ALLEN ENGINEERING PC Prepared for: HEA Management, LLC Attn: Jeffrey Coughey CONSULTING ENGINEERS • Jeffery Caughey and HEA Management, LLC FIRM I C-1997 130 Juliette Courtney Lane "s R 10543 Greenville Highway, Cedar Mountain PO BOX 103 ROSMAN, NORTH CAROLINA 28772 Cedar Mountain, NC 28718 828-862-4272 Transylvania County, NC (828) 877-4883 770-714-8592 PIN 9502-89-5670-000 (828) 553-3004 homeliferenovations®gmail.com NOV-2023—CV-0019 ema1 : tealleneng®comporium.net WIDTH VARIES ROADWAY TOP ELEVATION OF THE SURFACE COURSE CONSTRUCTED ON —GRADE. - MATCH EXISTING ELEVATIONS. SEE NOTE 2.0 THIS SHEET. ABC, 8" MIN. L ENGINEERED FILL, WHERE REQUIRED W/ MARIFI 50OX GEOFABRIC OVER SUBGRADE. 1.0 The RV Sites and Roads located within the 100—year flood area shall be constructed such that the finish elevation is "on —grade" and matches the existing elevations so as not to impact the flood area. The bottom of electrical panels & electrical recepts at RV Sites located within the 100 year flood zone shall be elevated 2—FT above the Base Flood elevation (BFE). 2.0 Excavate and remove existing material within the footprint of the existing Road and s^ RV Pads. The depth of excavation MIN• shall match the new Road Cross —Section and RV Pad HRLI'' Cross —Section. The final Finish Grade Elevations shall match the existing elevations so as not to create a fill within the regulatory flood zone. AFTER —THE —FACT ROAD SECTION WITHIN 100 YEAR FLOOD ZONE NOT TO SCALE (0 Copyright 2024 T.E. ALLEN ENGINEERING, PC and Terry E. Allen, PE. All Rights Reserved Worldwide 3.0 Any borrow or waste must come from or go to a permitted site and or facility. owner shall provide (and show on plan) waste or fillsite permit number. 4.0 Where additional or new land disturbing activity is performed; Provide double row of wire backed silt fence or Chain Link Super Silt Fence between construction activities and receiving streams, sensitive utilities, or other areas of concern. PRELIMINARY — NOT FOR CONSTRUCTION THESE DETAILS AND SPECS ARE NOT APPLICABLE FOR ANY OTHER SITE. E O 4) m J r J N TN b oYZ U o L NNi C a) 0 n0) a E ,L) oa00I ac w 00 a ON atv aid v o 0100E a C ONn O N Wy0 �0]I,L a c> x¢t2 V N CL n c N E Z : n _ 7 E 0 U Lw LLJ 2 o I. z ` 3 A Z oQcO W O O N "E rn d � aD a0 y Z w LLJ Z J b� J rn Q ZU LLi Z U J J 0 C L. } (1) o Z Z aEi o rnLUo p C,Z0a) -0 O U � O� U w p0 0 w a o �°caN x 0 0= 0NN F" (D > o I T= TLO i - N — U) > Cho U(D~�Z L Lo 4) o 1 04-08-2024 1 R-5 : HEET 5 OF 5