HomeMy WebLinkAbout20190796 Ver 1_USACE Permit_20190624U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2019-00913 County: Ashe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Joshua and Tammy Mayhew
Address: 361 Mallard Landing Boulevard
Clemmons, NC 27012
Telephone Number: 336-624-9287
Location description: The site is located at Lot 15 on Green Meadows Drive, near Todd, NC. Coordinates are:
36.283197 -81.557294
Description of projects area and activity: This permit authorizes bank stabilization activities and instream structures
for river access. Impacts authorizes by this permit total 113 linear feet of the South Fork of the New River. Attached
are recommendations from the North Carolina Wildlife Resource Commission for your consideration.
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: 13
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
May 1, 2019. 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 revoked. 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, revoked, 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 919-807-6300) 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 Amanda Jones at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil.
Digitally signed by
FUEMMELER.AMAND FUEMMELER.AMANDA.JONE5.1242
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A.JONE5.1242835090 835090
Corps Regulatory Official: Date: 2019.06.2408:13:55-04'00' Date: June 24, 2019
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF: Timbercreek Landscaping, Attn: Scott Grubb (via email)
Action ID Number: SAW -2019-00913 County: Ashe
Permittee: Joshua and Tammy Mayhew
Project Name: Lot 15 Green Meadows Estate / NWP 13
Date Verification Issued: June 24, 2019
Project Manager: Amanda Jones
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.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
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 authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
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1�1 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
June 10, 2019
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Mayhew River Job
South Fork New River, Ashe County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 113 feet of the South Fork New River in Ashe County. Our comments on
this application are offered for your consideration under provisions of the Clean Water Act of
1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended;
16 U.S.C. 661-667d).
Project activities should not impact wild trout and do not need to be avoided during the trout
moratorium. However, the South Fork New River is recognized by the NC Natural Heritage
Program as the South Fork New River Aquatic Habitat, rated Exceptional for the richness of rare
species it contains. Rare and listed species found in the river in the vicinity of the project include
Green Floater [Lasmigona subviridis, US Federal Species of Concern (FSC), NC Endangered],
Seep Mudalia (Leptoxis dilatata, NC Threatened), Eastern Hellbender [US FSC, Special Concern
(SC)], Spike (Elliptio dilatata, NC SC), and Kanawha Darter [Etheostoma kanawhae, NC
Significantly Rare (SR)]. These rare species are especially sensitive to sediment, and excellent
erosion and sediment control is essential to minimize impacts to these species.
The application proposes to stabilize an eroding reach of bank through sloping the bank, planting
native woody and herbaceous vegetation, and installing a boulder toe. A set of boulder steps
would also be installed. According to the contractor, work will be performed from the bank.
We offer the following recommendations to minimize impacts to the aquatic community:
1. In -channel work should be accomplished as quickly as possible and vigilance used in
sediment and erosion control during site preparation, construction, and clean up. Disturbed
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Mayhew Project Page 2 June 10, 2019
South Fork New River, Ashe County
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each work day.
2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
3. Shelter rocks potentially used by Hellbenders should be left undisturbed during construction
activities. Shelter rocks are typically large flat rocks at least a foot in diameter.
4. We recommend that a woody buffer of at least 30 feet be planted on the stream banks as
infrastructure allows in order to ensure project success.
Thank you for the opportunity to review and comment on this project. Please contact me at
(828) 803-6054 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Scott Grubb, Timbercreek Landscaping
Sue Homewood, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service