Updated Final Yellow Creek Stream ConstructionPermit 29757.pdf

ACTV0000000005 (AI: 127062 - Debris Removal) maintenance dredging and excavation to remove approximately 136,600 cubic yards of accumulated sediment and debris from along approximately 8,100 linear feet of stream channel in the floodplain of Bennetts Fork (Yellow Creek Bypass), with coordinates starting at 36.602059, -83.750547, and ending at 36.618817, -83.735167, in the City of Middlesboro, Bell County:

Submittal/Action Requirements:

Condition No.

S-1 U.S. Army Corps of Engineers must submit final construction report within 90 days after completion of construction. U.S. Army Corps of Engineers must certify in writing that the project has been completed in accordance with the approved plans and specifications. A Final Construction Report Form is enclosed. [401 KAR 4:060 Section 6]

Narrative Requirements:

T-1 The issuance of this permit by the cabinet does not convey any property rights of any kind or any exclusive privilege. [KRS 151.250 & 401 KAR 4:060]

T-2 This permit is issued from the standpoint of stream obstruction only and does not constitute certification of any other aspect of the proposed construction. The applicant is liable for any damage resulting from the construction, operation, or maintenance of this project. This permit has been issued under the provisions of KRS Chapter

151.250 and regulations promulgated pursuant thereto. Issuance of this permit does not relieve the permittee from the responsibility of obtaining any other permits or licenses required by this Cabinet and other state, federal and local agencies. [KRS 151.250]

T-3 A copy of this permit must be available at the construction site. [KRS 151.250]

T-4 Any work performed by or for U.S. Army Corps of Engineers that does not fully conform to the submitted application or drawings and the limitations set forth in this permit, is subject to partial or total removal and enforcement actions pursuant to KRS 151.280 as directed by the Kentucky Department for Environmental Protection.

[KRS 151.280]

T-5 Any design changes or amendments to the approved plans must be submitted to the Division of Water and approved in writing prior to implementation. [KRS 151.250]

T-6 Since City of Middlesboro participates in the National Flood Insurance Program, a local floodplain permit must be obtained prior to beginning of construction. Upon completion of construction U.S. Army Corps of Engineers must contact the local permitting agency for final approval of the construction for compliance with the requirements of the local floodplain ordinance. [401 KAR 4:060 Section 9(c)]

Stream Construction Permit Modification USACE Yellow Creek Project

Facility Requirements Permit Number: 29757-Revision Activity ID No.:APE20210001

ACTV0000000005 (AI: 127062 - Debris Removal) maintenance dredging and excavation to remove approximately 136,600 cubic yards of accumulated sediment and debris from along approximately 8,100 linear feet of stream channel in the floodplain of Bennetts Fork (Yellow Creek Bypass), with coordinates starting at 36.602059, -83.750547, and ending at 36.618817, -83.735167, in the City of Middlesboro, Bell County:

Narrative Requirements:

T-7 The permittee must obtain a Water Quality Certification (or a determination that none is required) through the Division of Water, Water Quality Branch before beginning construction. Contact the Water Quality Certification Supervisor at (502) 564-3410. [KRS 224.16-050 & Clean Water Act Section 401]

T-8 Erosion prevention measures, sediment control measures, and other site management practices shall be designed, installed, and maintained in an effective operating condition to prevent migration of sediment off site. [KRS 224.70-110]

T-9 All debris and dredged materials shall be removed for disposal outside of the base floodplain. [401 KAR 4:060]

T-10 Upon completion of construction all disturbed areas shall be seeded and mulched or otherwise stabilized to prevent erosion. [401 KAR 4:060]

T-11 The entry of mobile equipment into the stream channel shall be limited as much as reasonably possible to minimize degradation of the waters of the Commonwealth.

[401 KAR 4:060]

T-12 Construction other than as authorized by this permit shall require written approval from the Division of Water. [401 KAR 4:060]

T-13 The existing stream flow shall be maintained at all times during construction using standard flow diversion or pump around methods. Cofferdams or other structures placed in the stream shall be removed immediately if adverse flooding conditions result or if a flooding event is imminent. [401 KAR 4:060 Section 4]

Stream Construction Permit Modification USACE Yellow Creek Project

Facility Requirements Permit Number: 29757-Revision Activity ID No.:APE20210001