SAW-2024-00179 Permit verification_20240528

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
ASHEVILLE FIELD OFFICE
151 PATTON AVE ROOM 208
ASHEVILLE NORTH CAROLINA 28801
May 28, 2024

Regulatory Division
SAW-2024-00179

Sent Via email: [e-mail]

321 Dwell Inc
Attn: Elijah Lucas Ward
6351 Wildwood Trail
Denver, North Carolina 28037

Dear Mr. Ward:

This letter is in response to the Pre-Construction Notification (PCN) you submitted to
the Wilmington District, Asheville Field Office on February 7, 2024, for a Department of
the Army Nationwide permit (NWP) verification. This project has been assigned the file
number SAW-2024-00179 and is known as Thomas Valley Road Driveway. 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 permanent impact of 98 linear feet (0.014 acres) and temporary impact of 10 linear
feet (0.002 acres) to the unnamed tributary to Barkers Creek associated with the
installation of a culvert. The project area for this determination includes a 47.69 acre(s)
area which is illustrated on the enclosed site plans/maps. The project/review area is
located in the Little Tennessee watershed; off of Thomas Valley Road, at Latitude
35.382010 and Longitude -83.298800; in Whittier, Jackson 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.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. 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.

Note, per email communication with the North Carolina Wildlife Resources
Commission dated March 8, 2024, a trout moratorium is not required for this project.

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 [e-mail]. Please take a moment to
complete our customer satisfaction survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/.

Sincerely,

Shannon Healy
Regulatory Specialist

Cc (via email)
McKenzie Beyer, ClearWater, An EnviroScience Company
Joey Winston, NC Division of Water Resources
Andrea Leslie, NC Wildlife Resources Commission

Compliance Certification Form

File Number: SAW-2024-00179 County: Jackson

Permittee: 321 Dwell Inc, Attn: Elijah Lucas Ward

Project Name: Thomas Valley Road Driveway

Date Verification Issued: 5/28/2024

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
[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
0+00
1+0
0
2
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0
2+44
205
0
20
3
0
2030
20
4
0
2030
2
0
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THOMAS VALLEY ROAD
(SR 1397)
20' PAVED ROAD
(PUBLIC)
EXISTING 18" CMP
INV IN: 2043.74'
INV OUT: 2037.23'
LINDSEY HOPE MASON
DB 2027 / PG 94
STEPHEN R. ANFINSON & WIFE,
LYNNETTE A. ANFINSON
DB 2058 / PG 568
EXISTING 10' WIDTH GRAVEL ROAD
UNNAMED TRIBUTARY TO BARKERS CREEK
(UNCLASSIFIED)
321 DWELL, LLC
DB 2339 / PG 1005
DB 394 / PG 287
SUPER SILT FENCE
LIMITS OF PHASE 1 DELINEATION
FEBRUARY 08, 2023
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DRIVE CULVERT
CULVERT INLET
CULVERT OUTLET
308
SHEET:
JOB NUMBER:
I HEREBY CERTIFY THAT THIS
PLAN AND SPECIFICATION
WAS PREPARED BY ME OR
UNDER MY DIRECT
SUPERVISION AND THAT I AM
A DULY REGISTERED
ARCHITECT OR ENGINEER
UNDER THE LAWS OF THE
STATE OF NORTH CAROLINA
AS SIGNIFIED BY MY HAND
AND SEAL.
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CHECKED BY: DWO
DATE: 12/12/2023
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SURFACE WATER CLASSIFCATION
SUBJECT STREAM IS UNNAMED TRIBUTARY TO
BARKERS CREEK
BARKERS CREEK SURFACE WATER CLASSIFICATION:
STREAM INDEX: 2-79-44
DESCRIPTION: FROM SOURCE TO TUCKASEGEE
CLASSIFICATON: C; Tr
RIVER BASIN: LITTLE TENNESSEE
VICINITY MAP
NTS
*
SITE