HomeMy WebLinkAbout20190691 Ver 1_Permit Requirements Communication_20190305Mitchell, Robert K
From: Matthew Metcalf <matthew.metcalf@bhglandscapes.com>
Sent: Tuesday, March 5, 2019 10:47 AM
To: Mitchell, Robert K; Brown, David W CIV USARMY CESAW (US)
Cc: Ben Graning
Subject: RE: [External] No Army Corps of Engineers Notification Required for Use of NWP 3
Crum Property 105 Carpenter Road Pond Repair (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov>
Mr. Mitchell and Mr. Brown,
Thank you both for your help on this project. We will proceed with getting the required paperwork in order.
Regards,
Matthew Metcalf
Landscape Designer
North Carolina - Certified Plant Professional LEED Accredited Professional - United States Green Building Council B.H.
Graning Landscapes
(828)586-8303 - Phone/Fax
Matthew.Metcalf@BHGLandscapes.com
-----Original Message -----
From: Mitchell, Robert K <kevin.mitchell@ncdenr.gov>
Sent: Monday, March 4, 2019 8:42 AM
To: Matthew Metcalf <matthew.metcalf@bhglandscapes.com>
Cc: Leslie, Andrea J <andrea.leslie@ncwildlife.org>; jmorgan@maconnc.org; jallen <jallen@maconnc.org>; Brown, David
W CIV USARMY CESAW (US) <David.W.Brown@usace.army.mil>; Ben Graning <ben.graning@bhglandscapes.com>
Subject: RE: [External] No Army Corps of Engineers Notification Required for Use of NWP 3 - Crum Property 105
Carpenter Road Pond Repair (UNCLASSIFIED)
Mr. Metcalf,
The stream classification for the site at 105 Carpenter Road is C; Trout. I have attached a link to the General Certification
(GC) 4132 here: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=613092&page=l&cr=1
Page 2 of this document lists the thresholds or circumstances that require written approval for a 401 Water Quality
Certification. Complete Dewatering and drawdowns to a sediment layer related to pond/dam maintenance or removal
requires written approval from the Division of Water Resources.
I have included a link that explains the submittal process here: https://deq.nc.gov/about/divisions/water-
resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-
waters-program#FeesProcedures. Feel free to give me a call if you have any questions. Thank you.
Kevin Mitchell
Environmental Specialist - Asheville Regional Office Water Quality Regional Operations Section NCDEQ - Division of
Water Resources
828-296-4650 Office
Email Kevin.mitchell@ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Brown, David W CIV USARMY CESAW (US) <David.W.Brown@usace.army.mil>
Sent: Monday, March 04, 2019 8:21 AM
To: Matthew Metcalf<matthew.metcalf@bhglandscapes.com>
Cc: Mitchell, Robert K <kevin.mitchell@ncdenr.gov>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>;
jmorgan@maconnc.org; jallen <jallen@maconnc.org>
Subject: [External] No Army Corps of Engineers Notification Required for Use of NWP 3 - Crum Property 105 Carpenter
Road Pond Repair (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mai Ito: report.spam@nc.gov>
CLASSIFICATION: UNCLASSIFIED
B.H. Graning Landscapes
Sylva, NC
Mathew Metcalf,
Thank you for meeting with me Friday (March 1) at the Crum property to discuss the pond repair project. Based on our
site meeting and your submitted plans (February 28), the work can be covered under Nationwide Permit 3 (NWP 3),
which authorizes activities in waters of the U.S. (WoUS) associated with maintenance. The work you described includes
dredging from the high ground with no double handling of spoils in WoUS; replacement of the failed outlet system with
a new cold water release outlet system; and construction of a short energy dissipation run in the outlet channel below
the dam. The project is located at 105 Carpenter Road (PIN 6489-30-0551) in Otto, Macon, North Carolina. Coordinates
are 35.01788 N, -83.39854 W. As described, the proposed project would involve approximately 20-30 linear feet of
permanent impacts to an unnamed tributary of Mulberry Creek.
On March 19, 2017, the regional conditions of NWP 3 pertaining to notification requirements changed. These changes
affect the requirements for submittal of pre -construction notification for work conducted in the western counties of
North Carolina. Based upon details provided for your project, you are not required to submit pre -construction
notification to our office. You may proceed with your work as proposed provided it is accomplished in accordance with
all the conditions of the attached NWP 3.
Your project is located in a North Carolina Wildlife Resources Commission designated trout watershed. Per regional
condition 1.2, no work in streams at this location can be conducted between October 15 and April 15 during the trout
waters moratorium.
This statement does not preclude the need to obtain other applicable federal, state, or local authorizations for your
project. The changes to NWP XX may not affect the pre -construction notification requirements to receive the required
corresponding Clean Water Act Section 401 Water Quality Certification from North Carolina Division of Water Resources
(DWR). Please contact Kevin Mitchell, at 828-296-4500, to determine the required pre -construction notification/permit
application submittal process for DWR.
If you have any questions regarding this information, you may contact me at 828-271-7980 x. 4232.
Sincerely,
David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District -Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
david.w.brown@usace.army.mil
CLASSIFICATION: UNCLASSIFIED