20190729 Ver 1_USACE Permit_20190513

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2018-01594 County: Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Linda & Ricky Rollins
Address: 576 Old Toll Road
Black Mountain, NC 28711
Telephone Number: 828-772-0030
Location description: The site is located at 214 Blue Ridge Road, in Black Mountain, NC. Coordinates are: 35.604065 -
82.32428.
Description of projects area and activity: This permit authorizes repair/rebuilding of eroded stream bank along the
Swannanoa River that was damaged during recent rain/storm events. Impacts to stream channels authorized by this
permit total approxmately 145 linear feet of stream. Extent of bank repair/stabilization cannot extend further water
ward than extent of previously existing bank prior to recent storm event (May 2018). Any in -stream work is
prohibited from January 1 to April 15 to protect trout spawning as recommended in the attached letter from the
North Carolina Wildlife Resource Commission.
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: 45
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
May 13, 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.
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:
FUEMMELER.AMAN Digitally signed by
DA.JONES. Z42H350 FU EMMELER.AMANDAJONE5.124
2835090
90 Date: 2019.05.17 13:44:05 -04'00'
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF: Town of Black Mountain, Attn: Dan Cordell
NCDEQ, Attn: Zan Price
Date: May 17, 2019

Action ID Number: SAW -2018-01594 County: Buncombe
Permittee: Linda & Ricky Rollins
Project Name: 214 Blue Ridge Road Bank Stabilization / NWP 45
Date Verification Issued: May 17, 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: 214 Blue Ridge Road — Rollins Bank Stablization
Swannanoa River, Buncombe County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 145 feet of streambank on the Swannanoa River in Buncombe County. I
visited the site with the contractor and other agency staff on March 18, 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).
There are wild Rainbow Trout in the vicinity of the project, and project activities should be
avoided between January 1 and April 15 to minimize impact to trout reproduction. In addition,
the Swannanoa River supports a population of the Eastern Hellbender (Cryptobranchus
alleganiensis, US Federal Species of Concern, NC Special Concern). These species are
especially sensitive to excess sediment and effective erosion and sediment control is essential to
minimize impacts to them.
The applicant proposes to rebuild an eroding bank 20 ft streamwards, armor the toe of the bank
with large rock, and tie the bank into the existing upsteam and downstream banks. The
contractor may also excavate a cobble bar on the opposite side of the stream. Given how close
the stream is to the house, we understand the urgency of the situation; however, we are
concerned that this solution may only be a short-term fix, and that the bank will continue to
erode with future storm events. We encourage the applicant to implement a design that will
consider stream hydrodynamics and direct flows away from the bank with instream structures.
In addition, we strongly recommend the use of native shrubs and trees to further stabilize the
bank and provide shade for the Swannanoa River.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

214 Blue Ridge Rd — Rollins Stabilization Page 2 May 2, 2019
Swannanoa River, Buncombe County
We offer the following recommendations to minimize impacts to the aquatic community:
1. Work should be avoided during the trout moratorium of January 1 to April 15.
2. 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. Work should be performed from the top of the bank during low flows.
4. Stream flows should be diverted away from the work area so that work is done in as dry an
area as possible.
5. 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.
6. We recommend that the project incorporate as many native trees and shrubs as possible for
the project. For planting recommendations, please see NC Cooperative Extension's guide on
small-scale solutions to eroding stream banks, attached.
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
Attachment: Small-scale Solutions to Eroding Stream Banks
ec: Linda Rollins, landowner
Zan Price, NC Division of Water Resources