20180119 Ver 2_SAW-2017-00911 Permit Reverification_20190430

Reverification 02
April 30, 2019
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2017-00911 County: Macon U.S.G.S. Quad: Wayah Bald
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: C.R. Brown Enterprises, Inc., Attn. Howard Brown
Address: P.O. Box 2391
Andrews, NC 28901
Telephone Number: 828-321-3335
Size (acres): 8.35 Nearest Town: Topton
Nearest Waterway: Cold Springs Creek Coordinates: 35.22264 N, 83.60681 W
River Basin/HUC: Upper Little Tennessee (06010202)
Location description: The proposed project site is located on a tract of land (PIN 6526-47-4831) at 339 Cold Springs
Creek Road in Topton, Macon County, North Carolina.
Description of projects area and activity: This permit verification authorizes 20 linear feet of permanent stream
impacts to Cold Springs Creek associated with placement of approximately 6 cubic yards of fill for construction of a
water intake structure for a trout farm.
Special Condition(s): 1) Per comments from the North Carolina Wildlife Resources Commission, no work in Cold
Springs Creek will be perform during the rainbow trout spawning moratorium between January 1 and April 15.
AND
2) in order- to prevent o_w terinLx of the -stream ronnh below the intake structure and to miniif ca t loan of
stream functions due to water withdraws from Cold Sprino Creek, withdr-am, rates will be no more than 0
the stream flow. However, during
ri g periods of low flow i Cold Springs Cr -eek
r-ee (i.e.
flows of 7010 of less) water
withdraws will be no moire than 1.7 cubic- cond,(Revised under- Rever-ification 01, see below).
If the permittee returns the diverted flows to Cold Springs Creek adjacent to the intake structure, resulting in no
significant de -watering of the stream reach below the water intake structure, then the above noted withdraw rates will
not need to be followed.
AND
3) The permittee shall install a flow measurement device in the stream reach at the site and/or establish a stream now
withdraw plan based upon stream flow data of Cold Springs Creek at the site in order to ensure withdraw rates are
within those noted above.
Reverification 01, September 13, 2018: The permitte submitted design changes to the Corps on August 10, 2018.
Changes are to be made to the intake structure to provide for a water flow rate weir. The proposed design changes
will not cause additional impacts to Cold Springs Creek beyond those previously authorized. Therefore, this permit
reverification does not authorize any additional impacts to jurisdictional waters of the U.S. (WoUS) and the special
conditions remain as previously issued except Special Condition 2 is revised as follows:
Speeial Condition 2) in order- to prevent de waterin2 of the stream reach belom, the intake stFuetur-e and to minimize
si2nificant loss of stream functions due to water withdraws from Cold Svv4n2s Creek, withdraw rates will be no nv)-re
0
,46 A --f the stream flow. However-, durin2 periods oflow flow in-Gold-Si+Anes Creek fl.p— o -
less) water-
m4thdraiys .=,;ll ho no more than 0.34 ,,, bie foot „or �o..o,,.l, (Revised under Reverification 02, see below).
Reverification 02, Apri130, 2019: Special Condition 2) In order to prevent de -watering of the stream reach below the
intake structure and to minimize significant loss of stream functions due to water withdraws from Cold Springs
Creek, the permittee can withdraw up to 1,000 gallons per minute (gpm) from Cold Creek, but must maintain at least
600 gpm in the bypass reach (i.e. stream reach between the intake and discharge points). When flows in Cold Springs
Creek at the intake structure fall below 600 Lim, the permittee must pass all the stream flows into the by-pass reach.
If the permittee wants to amend the above stated withdraw and bypass reach flow rates, then they shall complete the
hydrology assessment and aquatic life survey and inventory as requested by the Corps in our November 1, 2018, letter

CESAW-RG-A 2017-00911 Reverification 02
Apri130, 2019
with additional details provided in an email dated March 15, 2019.
Any further modifications or chanLyes to the project which could impact WoUS need to be submitted to the Corps for
review and possible reverification. The permitte should review and be attentive to General Conditions 2 (Aquatic Life
Movements) and 9 (Management of Water Flows).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18
SEE NWP 18 GENERAL, REGIONAL AND SPECIAL CONDITIONS ATTACHED TO
VERIFICATION ISSUED APRIL 10, 2018
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
conditions of NWP 18, above noted special conditions, and your submitted application and attached information dated
January 24, 2018, and August 10, 2018. Any violation of the attached conditions or deviation from your submitted plans
may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revolted. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revolted, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Brown at 828-271-7980, ext. 4232 or [e-mail].
Corps Regulatory Official. Date: April 30, 2019
David Brown
Expiration Date of Verification: March 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at
hqp:Hcorpsmapu.usace.anny.mil/cm apex/Vp=136:4:0.
Copy furnished:
Macon County Soil and Water Conservation District, Doug Johnson, 191 Thomas Heights Road, Franklin, NC 28734