20190522 Ver 1_USACE Permit_20190531

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2019-00711 County: Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Wachovia Bank NA Trustee, Roland B Potter Trust
Attn: David Cadwallader
Address: P. O. Box 13519
Arlington, TX 76094
Location description: The site is located along US Hwy 221/421 (Blowing Rock Road), in Boone, NC. Coordinates are:
36.208041 -81.672873.
Description of projects area and activity: This permit authorizes work associated with repair/replacement of an existing
retaining wall. Impacts to Boone Creek authorized by this permit total 56 linear feet of bank stabilization and
tempoary impacts to 110 linear feet for construction access. 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: 13
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
April 22, 2019. 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
(LAMA), 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].
Digitally signed by
FUEMMELER.AMAND FUEMMELER.AMANDAJONE5.12
A.JONE5.1242835090 42835090
Corps Regulatory Official: Date:2019.05.31 10:45:02-04'00' Date: May 31, 2019
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF: BREL, Attn: Derek Goddard (via email)

Action ID Number: SAW -2019-00711 County: Buncombe
Permittee: Wachovia Bank NA Trustee, Roland B Potter Trust
Project Name: Boone Creek Retaining Wall Repair / NWP 13
Date Verification Issued: May 31, 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

ltl North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
May 17, 2019
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: WATA Boone Radio Bank Stabilization
Boone Creek, Watauga County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to rebuild a retaining wall, involving 56 ft of permanent impact and 110 ft of
temporary impact on Boone Creek in Watauga County. I visited the site with the contractor on
February 8, 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).
Project activities should not impact wild trout reproduction and do not need to be avoided during
a trout moratorium.
The applicant proposes to rebuild a 56 -ft retaining wall. The existing wall would be removed
and a new rock wall built in its place. Due to site constraints, the work would be done from
within the channel. A temporary stone pad will be placed within 110 ft of channel from which
equipment would work. A coffer dam would be used to isolate the bank work area from flows.
We offer the following recommendations to minimize impacts to the aquatic community:
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/or matted as soon as possible, preferably at the end of each work day.
2. Work should be performed during low flows.
3. Minimize the footprint of the stone pad within the stream.
4. Use washed stone for the pad.
5. If concrete is used in construction, it should be poured and allowed to cure away from water
at least 24 hours in order to avoid dangerous pH levels in contact water.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

WATA Boone Radio Page 2 May 17, 2019
Boone Creek, Watauga County
6. 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.
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: Derek Goddard, BREC
Sue Homewood, NC Division of Water Resources