20191057 Ver 1_USACE Permit_20190819

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2019-01364 County: Watauga
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Stella Barbato
Address: 175 Red Tailed Hawk Road
Banner Elk, NC 28604
Telephone Number: 828-963-5824
Location description: The site is located at 175 Red Tailed Hawk Road, near Banner Elk, NC. Coordinates are 36.21028
-81.76938
Description of projects area and activity: This permit authorizes placement of rock/boulders on the stream bank for
bank stabilization activities on the Watauga River. Impacts authorized by this permit total 100 linear feet of stream
channel.
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
July 24, 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
(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].
FUEMMELER.AMAND Digitally signed by
A.JONES.124283509 FUEMMELER.AMANDA.JONES.12
42835090
Corps Regulatory Official: 0 Date: 2019.08.1909:05:52-04'00' Date: August 19, 2019
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF

Action ID Number: SAW -2019-01364 County: Watauga
Permittee: Stella Barbato
Project Name: Watauga River Stabilization / NWP 13
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

❑ North Carolina Wildlife Resources Commission ❑
Gordon Myers, Executive Director
August 2, 2019
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Barbato Bank Stabilization
Watauga River, Watauga County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 100 feet of the Watauga River 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 and do not need to be avoided during the trout
moratorium. However, the Watauga River is recognized by the NC Natural Heritage Program as
the Watauga River Aquatic Habitat, rated High for the richness of rare species it contains.
Eastern Hellbender (Cryptobranchus alleganiensis, US Federal Species of Concern, NC Special
Concern) is found in the river in the vicinity of the project. This rare species is especially
sensitive to sediment, and excellent erosion and sediment control is essential to minimize
impacts to this species.
The application proposes to stabilize an eroding reach of bank by placing stone and riprap on the
bank, which will be sloped at a 1:1 slope. The application states that the stone will not be placed
within the wetted channel. We strongly recommend that native shrubs and trees be planted as
part of the project.
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.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Barbato Bank Stabilization Page 2 August 2, 2019
Watauga River, Watauga County
2. 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.
3. We recommend that a woody buffer of native trees and shrubs of at least 30 feet be planted
on the stream banks as infrastructure allows in order to ensure project success. Plant species
examples are provided in NC State's "Small-scale Solutions to Eroding Streambanks"
(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,
zo" . J, d -
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
Attachment: Small-scale Solutions to Eroding Streambanks
ec: Stella Barbato, landowner
Sue Homewood, NC Division of Water Resources