20200907 Ver 1_USACE Permit_20200817

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. SAW-2020-01204 County: Watauga

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: The Headwaters of the New River, LLC / Attn: Preston Spencer
Address: P.O. Box 1967
Blowing Rock, NC 28605
Telephone Number: 828-262-1767

Location description: The site is located at 6875 Valley Blvd., in Blowing Rock, NC. Coordinates are 36.144128 -
81.663824

Description of projects area and activity: This permit authorizes placement of fill, replacement/extension of culverts
and bridge repair for Headwaters Mixed-Use Development. Impacts authorized by this permit total 0.02 acre of
wetlands and 55 linear feet of stream channel. 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: 29
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
July 10, 2020. 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 [phone]) 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 [e-mail].

Corps Regulatory Official: ___________________________ Date: August 17, 2020
Amanda Jones

Expiration Date of Verification: March 18, 2022

CF: BFEC, Inc. / Attn: Adam Williams (via email)

FUEMMELER.AMA
NDA.JONES.1242
835090
Digitally signed by
FUEMMELER.AMANDA.JONES.
1242835090
Date: 2020.08.17 14:40:11
-04'00'

Action ID Number: SAW-2020-01204 County: Watauga

Permittee: The Headwaters of the New River, LLC / Attn: Preston Spencer

Project Name: Headwaters Mixed-Use Development / NWP #29

Date Verification Issued: August 17, 2020

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

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
August 10, 2020

Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

SUBJECT: Headwaters Mixed-use Development
Middle Fork New River, UT, and Wetland, Watauga County

Dear Ms. Fuemmeler:

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to impact 25 ft of the Middle Fork New River, replace an existing 40 ft culvert with a
65 culvert on an unnamed tributary (UT) to the Middle Fork New River, and fill 0.02 acre of
wetland for development of a residential and future commercial storage facility in Watauga
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 reproduction in the Middle Fork New River, and
project activities do not need to be avoided during the trout moratorium.

The site plan proposes to repair the footings of an existing bridge on the Middle Fork New River
one footing at a time by diverting flow around the footing, installing rebar, and backfilling the
area with flowable grout. It is very important to allow the grout to fully cure in the dry. The
contractor should monitor and recover as needed any leachate that may pool around the footers
before the flow diversion equipment is removed. In addition, if grout pumper trucks require
wash-out, a wash-out basin must be used to capture any wash-out water.

We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. 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 matted as soon as possible, preferably at the end of each workday.
Headwaters Mixed-use Development Page 2 August 10, 2020
Middle Fk New R & UT, Watauga Co
2. Any erosion control matting used should be free of plastic or nylon 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. The application proposes using an HDPE culvert. We recommend against using HDPE
material, as this slick material is less likely to hold stream substrate and provide for
movement of aquatic organisms like fish and salamanders.
4. Machinery must avoid non-impact wetland areas, and we recommend temporarily fencing off
the wetland area that will not be impacted.
5. Grout must be fully cured in the dry, any leachate that may pool around footers removed
before flows are restored, and wash-out basins should be for pumper trucks if needed.

Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.

Sincerely,

Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program

ec: Adam Williams, Brushy Fork Environmental
Thomas Johnson, NCWRC

0( IN FEET )GRAPHIC SCALE153060301 INCH = 30 FEETDESCRIPTIONREV.BYPROJECT NUMBERCHKD. BY:DRWN. BY:DATE:SCALE:SHEET NO.DRAWING NO.DATE
68 Shipwash Drive, Garner, NC 27529 - Phone: [phone]
820-B State Farm Road, Boone, NC 28607 - Phone: [phone]
License Number: C-0281
Municipal Engineering
Services Company, P.A.6-26-20PRELIMINARY GRADING &EGTSTORMWATER DRAINAGE PLANB180731" = 30'HEADWATERS MIXED-USE DEVELOPMENT
MPTBLOWING ROCK, NCC-44 OF 5US HIGHWAY 321/221PRELIMINARYTW=44.8BW=44.3TW=45.0BW=44.5FUTURE
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DECK
TREEHOUSE4TREEHOUSE6DECKTW=73.0BW=69.015%15%50704440426
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687060 GRADING & STORMWATER DRAINAGE LEGENDEXISTING MAJOR CONTOUREXISTING MINOR CONTOURFINISHED GRADE MAJOR CONTOURFINISHED GRADE MINOR CONTOURFINISHED GRADE ELEVATION AT TOP OF RETAINING WALLTW402:1FINISHED GRADE SLOPE (HORIZONTAL SLOPE: VERTICAL SLOPE)2%FINISHED GRADE SLOPE (PERCENT SLOPE)FINISHED GRADE SPOT ELEVATIONFINISHED FLOOR ELEVATION FOR NEW BUILDINGFFE = 3443.6FINISHED GRADE ELEVATION AT BOTTOM OF RETAINING WALLBWNEW STORMWATER DRAINAGE PIPE FLARED END SECTIONNEW STORMWATER DRAINAGE STRUCTURENEW STORMWATER DRAINAGE PIPENEW STORMWATER DETENTION OUTLET CONTROL STRUCTURE71.0GENERAL NOTES:1.TOPOGRAPHIC SURVEY PREPARED BY NEW RIVER SURVEYORS, RUSSELL C.SHAW, PLS, L-2899, JOB NO. 18162, DATED JANUARY 11, 2019. THIS IS A SURVEY OFTHE J.N.T.A.C. LIMITED PROPERTY AS DESCRIBED IN BOOK OF RECORDS 1981 ATPAGE 757 OF THE WATAUGA COUNTY PUBLIC REGISTRY.2. A PORTION OF THE PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARDAREA ACCORDING TO FEMA FLOOD INSURANCE RATE MAP NO. 3710281000J,DATED DECEMBER 3, 2009. THE 100-YEAR FLOODWAY AND 100-YEAR FLOODFRINGE LINES ARE SHOWN ON THIS DRAWING.3. CONTOUR INTERVAL = 2 FEET.NEW STORMWATER UNDERGROUND DETENTION SYSTEMUT1: REMOVE 40 LF 12" CCP AND REPLACE WITH 65 LF 18 HDPE (INCLUDING HEADWALLS)W1: 800 SQFT (0.02 AC) OF WETLANDS TO BE IMPACTED (SHADED)MFN R: 30 LF OF BRIDGE FOOTING REPAIR (TEMPORARY IMPACT)