HomeMy WebLinkAbout20190905 Ver 1_USACE Permit_20190819U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2019-01228 County: Avery
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Samuel Storey
Address: 2889 Beech Mountain Road
Elk Park, NC 28622
Telephone Number:
Location description: The site is located on Beech Mountain Road, in Elk Park, NC. Coordinates are 36.181779 -
81.941773.
Description of projects area and activity: This permit authorizes channel relocation, in -stream structures and bank
stabiization activities associated with a stream restoration Droiect on Skalev Branch. Imuacts authorized by this
permit total 1,030 linear feet of stream channel and 0.08 acre of wetlands. In -stream activities are prohibited from
January 1 to April 15 to minimize impacts to trout reproduction Der recommendations from the North Carolina
Wildlife Resource Commission (letter attached).
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: 27
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
06/24/19. 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.JONES.12
A.JONES. 1242835090 42835090
Corps Regulatory Official: Date: 2019.08.1908:14:09-04'00 Date: August 19, 2019
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF: BREC, Inc. / Attn: Derek Goddard
Action ID Number: SAW -2019-01228
Permittee: Samuel Storey
County: Avery
Project Name: Sam Storey/Skaley Branch Stream Restoration Project / NWP 27
Date Verification Issued: August 19, 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
9 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
August 13, 2019
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Sam Storey Stream Restoration
Skalley Branch, Avery County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to restore 1010 ft of Skalley Branch in Watauga County. In addition, temporary
impacts to 0.08 acre of wetland for equipment access and 20 ft of Skalley Branch for a pump
around are proposed. I attended an agency site visit on August 12, 2019. 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).
Rainbow Trout may be impacted by the project, and in -stream activities should be avoided
between January 1 and April 15 to minimize impacts to trout reproduction. Effective erosion and
sediment control on this project is essential in conserving this species.
The application proposes to stabilize an eroding reach of Skalley Branch by removing existing
in -stream meanders and installing a dense set (approximately 1 structure every 40 ft) of rock
cross vanes and rock j -hooks. According to Derek Goddard, log structures may also be used.
Banks will be graded and a native riparian buffer of 10-25 ft will be planted on the left bank.
The restored channel will run close to the existing road, and the riparian buffer width on the right
bank (the road side) will be less than 10-25 ft in width. Work will be done in the dry.
We recommend that the design pull the stream further away from the road wherever possible in
order to allow a wider riparian buffer on the right bank. In addition, we recommend a less
invasive project design so that fewer in -stream structures are needed and some meander is
maintained.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Sam Storey Stream Restoration Page 2 August 13, 2019
Skalley Br, Watauga County
0.08 acre of wetland would be impacted for equipment access. These wetlands will be reseeded
with a native wetland mix. We recommend that wetland impacts be avoided wherever possible
and timber mats be used where equipment will access wetlands to minimize soil compaction.
We offer the following recommendations to minimize impacts to the aquatic community:
1. In -stream activities should be avoided between January 1 and April 15 to minimize impacts
to Rainbow Trout reproduction.
2. 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
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each work day.
3. 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.
4. Soften the project design so that fewer in -stream structures are needed, more meanders are
maintained, and the stream channel is farther away from the road.
5. Efforts should be made to retain as many existing trees within the riparian area as possible.
6. We recommend that a woody buffer of at least 30 feet be planted on both sides of the stream
as infrastructure allows in order to ensure project success. A wide forested buffer can ensure
greater bank stability, filter overland pollutants, and provide habitat for birds and other
wildlife.
7. Wetland impacts should be minimized by avoiding them wherever possible. Where crossing
wetlands with equipment is necessary, it should be done with the use of mud mats to
minimize soil compaction.
8. We request that we be informed of project construction start and end dates so that we can
visit the site when it is underway.
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: Derek Goddard, BREC
Andrew Moore, NC Division of Water Resources