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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