20200689 Ver 1_USACE Permit_20201127

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2019-02297 County: Watauga
GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Blue Ridge Resource Conservation & Development Council, Inc. / Attn: Jonathan Hartsell
Address: 31 Cross Street, Suite 215
Spruce Pine, NC 28777
Telephone Number: 828-284-9818
Location description: The site is located on the Watauga River at 443 Old Watauga River Road, Sugar Grove, NC.
Coordinates are 36.2413-81.8304.
Description of projects area and activity: This permit authorizes the removal of Ward Mill Dam and subsequent bank
stabilization work. Impacts authorized by this permit total 1,163 linear feet of bank stabilization along the Watauga
River and temporary construction impacts to 120 linear feet of an unnamed tributary. Attached are recommendations
from the North Carolina Willdlife Resource Commission for your consideration. Special Conditions:
1. In order to mitigate adverse effects to historic properties associated with this project, the permittee will implement
the requirements of the enclosed Memorandum ofAgreement (dated November 23, 2020).
2. Prior to impacts occurring, a pre -construction meeting will be held between the permittee's contractors and the
Corps' Asheville Regulatory Field Office staff.
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: 27
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 26, 2020 and subsequent submittals. 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].
FUEMMELER.AM Digitally signed by
FU EMMELER.AMAN DAJON E
ANDA.JONES.12 5.1242835090
Date: 2020.11.27 12:51:02
Corps Regulatory Official:42835090 -05'00
Amanda Jones
Date: November 27, 2020

Expiration Date of Verification: March 18, 2022
CF: Wildlands Engineering, Inc. / Attn: Jake McLean (via email)

Action ID Number: SAW-2019-02297 County: Watauga
Permittee: Blue Ridge Resource Conservation & Development Council, Inc. /
Attn: Jonathan Hartsell
Project Name: Ward Mill Dam Removal/ NWP 927
Date Verification Issued: November 27, 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

9 North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
June 19, 2020
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Ward Mill Dam Removal
Watauga River, Watauga County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to remove a private hydropower dam on the Watauga River in Watauga County.
NCWRC staff have visited the site multiple times over the past years. 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).
Ward Mill Dam impounds a section of the Watauga River that is part of the Watauga River Aquatic
Habitat, a natural area rated High by the NC Natural Heritage Program due to the richness of rare
species it supports. In the project vicinity, Eastern Hellbender [Cryptobranchus alleganiensis, US
Federal Species of Concern (FSC), NC Special Concern (SC)] and Green Floater (Lasmigona
subviridis, US FSC, NC Endangered) have been found in the river. The project should not impact
wild trout, and project activities do not need to be avoided during a trout moratorium.
NCWRC has been a part of a technical oversight team for this project, and we support its
implementation, as it will remove a barrier and restore a natural hydrologic and sediment regime.
The application proposes to remove a 20-ft high rock and concrete dam, direct the channel away
from the left bank that houses a mill and associated structures, and stabilize the formerly impounded
area.
The channel work will be accomplished in two phases, and project oversight will be performed by
Wildlands Engineering. Phase 1 consists of dam removal and bank stabilization immediately
upstream of the dam to protect the mill structures. The project team intends on lowering the
impoundment water level in stages for 3-6 weeks before the dam is removed. Dam removal will take
2-3 weeks and is intended to start in July or August. It would be performed from top down, from a
riprap pad placed on the left river bank and in the channel; this will be removed upon project
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Ward Mill Dam Removal Page 2 June 19, 2020
Watauga County
completion. Metal will be removed from dam debris, and the remaining rock and concrete will be
mixed with native sediments and used to armor the left bank near the mill structures. A new channel
will be diverted away from the left side with floodplain sills and a rock vane.
Phase 2 would occur several or more months later after stream flows have moved a significant
proportion of sediments behind the dam through the former impounded area, and it involves
stabilization of stream banks throughout the impounded reach with bank sloping, benching, matting
and bioengineering in the form of vegetated lifts and/ or brush mattress or live wattle installations.
Additional rock structure may be needed as well.
Although we are concerned about loss of sediment from behind the dam, sediment modeling
performed by the design team has shown that sediment loss from the impounded section of the river
will likely be only a portion of annual sediment volume transported by the river. In addition, there is
evidence that the area behind the dam has been scoured out numerous times in the past.
A minimum of 2 years of inspection and monitoring will be implemented after dam demolition.
Hellbender surveys and relocations would be performed by Appalachian State University staff before
dam removal. We ask the applicant to reach out to Lori Williams(lori.williams(ii),ncwildlife.org)
to inform her of monitoring plans so that she may participate if possible.
We offer the following additional recommendations to minimize impacts to fish and wildlife
resources:
I. 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. 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. Hellbender surveys and relocations should be performed just before the project begins, before
sediments from behind the dam are allowed to move downstream.
Thank you for the opportunity to review and comment on this project. Please contact meat (828)
400-4223 if you have any questions about these comments.
Sincerely,
0�,����A��
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Jake McLean, Wildlands Engineering
Sue Homewood, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service
Luke Etchison, Chris Goudreau, Kin Hodges, & Lori Williams, NCWRC

MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS,
BLUE RIDGE RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC.,
AND
MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
WHEREAS, a partnership between American Rivers, Blue Ridge Resource Conservation
and Development Council, Inc., and Mountain True (Partnership) plans to remove the
Ward's Mill Dam on the Watauga River in Watauga County, North Carolina, as shown in
Appendix A, to help restore natural river flow (Undertaking); and
WHEREAS, the proposed removal of the Ward's Mill Dam will require one or more
federal permits from the United States Army Corps of Engineers (USACE); and
WHEREAS, USACE has been designated the lead federal agency for this Undertaking
with regard to compliance with Section 106 of the National Historic Preservation Act; and
WHEREAS, the Partnership are consulting parties as an applicant for a federal permit
and/or assistance and are therefore invited signatories, pursuant to 36 CFR §800.2(c)(4);
and,
WHEREAS, USACE has determined that the Undertaking will have an adverse effect on
the Ward Mill Complex and Dam (WT0358), which is eligible for listing in the National
Register of Historic Places, and has consulted with the North Carolina State Historic
Preservation Officer (SHPO) pursuant to 36 CFR Part 800, the regulations implementing
Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108); and
WHEREAS, the Partnership, on behalf of USACE, initiated consultation with the Eastern
Band of Cherokee Indians in a letter dated February 28, 2020 regarding this Undertaking
in accordance with Section 106 of the National Historic Preservation Act, 53 U.S.C.
300101 et seq. and its implementing regulations, 36 CFR Part 800, and received no
objection to its determination; and,
WHEREAS, in accordance with 36 CFR § 800.6(a)(1), USACE has notified the Advisory
Council on Historic Preservation (ACHP) of its adverse effect determination, and the
ACHP has chosen not to participate in the consultation pursuant to 36 CFR §
800.6(a)(1)(iii);
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NOW, THEREFORE, USACE, the SHPO and Partnership agree that the Undertaking shall
be implemented in accordance with the following stipulations in order to mitigate
the effects of the Undertaking on the historic properties.
STIPULATIONS
USACE shall ensure that the following stipulations are implemented:
L Mitigation
A. The Partnership will hire a qualified consultant who meets the Secretary of the
Interior's Professional Qualifications in History or Architectural History, to
develop a historical context for dam and mill complexes built for localized
industrial production over 50 years of age and located within Avery, Watauga, and
Wilkes Counties.
a. Context Resources
i. Dams meeting the requirements in Section LA will be considered
regardless of size.
ii. Specific resources included in the context survey will include Sloop
Lake Dam (AV0082), North Wilkesboro Water Intake (WK0390),
Ward Mill (WT0358), Price Lake Dam (WT0734), Shull Mill Dam,
Mill Pond Dam and all other properties identified by the consultant
through desktop analysis and research that meet the above criteria
and retain extant dams.
iii. Dams that were constructed solely for the purpose of generating
electricity will not be included in the context survey.
iv. Resources will be preliminarily evaluated for National Register of
Historic Places eligibility.
v. Survey record documentation should be completed for each resource
surveyed and included within the context. This includes requesting
a Survey Site Number (if previously unrecorded), completing a
digital record for the Survey Database, and providing
photographs/photo sheets keyed to site plans.
b. Deliverables Timeline
i. The Partnership will provide SHPO with a scope of work and a
preliminary list of resources to be included in the context document
for review and comment within three (3) months of execution of this
MOA.
1. SHPO will have fifteen (15) days to comment.
2. If SHPO does not comment within 15 days survey work may
begin using the preliminary resource list.
ii. An initial draft of the context document shall be submitted to the
SHPO within nine (9) months of the execution of this MOA. SHPO
will have 30 days to comment on the initial draft.
iii. A final draft of the context document and all associated deliverables
for the Survey record shall be submitted to the SHPO within
eighteen (18) months of the execution of this MOA. SHPO will have
30 days to comment on the final draft.
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B. The Partnership will develop a GIS-based story map that integrates the information
gathered about the historic Ward Mill Complex and Dam, a representative sample
of dams included in the context document, and the purpose for the water -way
restoration.
a. A draft of the GIS story map shall be submitted to the SHPO within eighteen
(18) months of the execution of this MOA. SHPO will have thirty (30) days
to comment.
b. The final GIS story map shall be submitted to the SHPO within two (2)
years of the execution of this MOA. If the SHPO does not comment within
thirty (30) days of receipt of the final story map draft, the Partnership may
consider the story map complete.
c. The final GIS story map will be made available to the public via the
Partnerships' websites for a period of no less than 5 years.
II. DURATION
This MOA will expire if its terms are not carried out within five (5) years from the date of
its execution. Prior to such time, USACE may consult with the other signatories to
reconsider the terms of the MOA and amend it in accordance with Stipulation V below.
III. MONITORING AND REPORTING
Following the execution of this MOA, until it expires or is terminated, the Partnership shall
annually provide a summary report detailing the work undertaken to all parties to this
agreement. Such report shall include any scheduling changes proposed, any problems
encountered, and any disputes and objections received related to carrying out the terms of
this MOA.
IV. DISPUTE RESOLUTION
Should any signatory or concurring party to this MOA object at any time to any actions
proposed or the manner in which the terms of this MOA are implemented, USACE shall
consult with such party to resolve the objection. If USACE determines that such objection
cannot be resolved, USACE will:
A. Forward all documentation relevant to the dispute, including the USACE's
proposed resolution, to the ACHP. The ACHP shall provide USACE with its advice
on the resolution of the objection within 30 days of receiving adequate
documentation.
B. If the ACHP does not provide its advice regarding the dispute within the thirty
30 day time period, USACE may make a final decision on the dispute and proceed
accordingly.
C. Prior to reaching a final decision on the dispute, USACE shall prepare a written
response that takes into account any timely advice or comments regarding the
dispute from the ACHP, signatories and concurring parties, and provide them with
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a copy of this written response. USACE will then proceed according to its final
decision.
D. The parties' respective responsibility to carry out all other actions subject to the
terms of this MOA that are not the subject of the dispute remain unchanged.
V. AMENDMENTS
This MOA may be amended when such an amendment is agreed to in writing by all
signatories. The amendment will be effective on the date a copy signed by all of the
signatories is filed with the ACHP.
VI. TERMINATION
If any signatory to this MOA determines that its terms will not, or cannot be carried out,
that party shall immediately consult with the other signatories to attempt to develop an
amendment per Stipulation V, above. If within 30 days (or another time period agreed to
by all signatories) an amendment cannot be reached, any signatory may terminate the MOA
upon written notification to the other signatories.
Once the MOA is terminated, all work related to the Undertaking shall cease, and prior to
work continuing on the Undertaking, USACE will either (a) execute another MOA
pursuant to 36 CFR § 800.6 or (b) request, take into account, and respond to the comments
of the ACHP under 36 CFR § 800.7. USACE shall notify the signatories as to the course
of action it will pursue.
VII. IMPLEMENTATION
Execution of this MOA by USACE and North Carolina HPO and implementation of its
terms are evidence that USACE has taken into account the effects of this Undertaking on
historic properties and afforded the ACHP an opportunity to comment.
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MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS, THE BLUE RIDGE RESOURCE CONSERVATION AND
DEVELOPMENT COUNCIL, INC., AND MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
Appendix A: Ward Mill Dam Location Map. Excerpted from Ward Mill Dam
Removal (NCSHPO ER# 20-0338, Technical Report # 2020-077NQ by Richard Grubb &
Associates
Figure 2.2: Aerial Map showing the project location
(World Imagery, ESRI 2020).
2-4
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Appendix A (continued): Ward Mill Dam Location Map. Excerpted from Ward Mill
Dam Removal (NCSHPO ER# 20-0338, Technical Report # 2020-077NQ by Richard
Grubb & Associate
Figure 2.4: Area of Potential Effects Map
(World Imagery, ESRI 2020). The limits of construction depicted as a blue line on this map reflects the
most recent limits provided Wildlands Engineering in July of 2020.
2-6
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MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS, THE BLUE RIDGE RESOURCE CONSERVATION AND
DEVELOPMENT COUNCIL, INC., AND MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
Signatory:
U.S. ARMY CORPS OF ENGINEERS
FOR THE COMMANDER
By: Date: Nov. 23 2020
Scott McLendon
Chief, Regulatory Division
Wilmington District
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MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS, THE BLUE RIDGE RESOURCE CONSERVATION AND
DEVELOPMENT COUNCIL, INC., AND MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
Signatory:
NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER
Dr. Kevin Cherry
State Historic Preservation Officer
Date: 11 -16-2020
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Page 6 of 11

MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS, THE BLUE RIDGE RESOURCE CONSERVATION AND
DEVELOPMENT COUNCIL, INC., AND MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
Signatory:
AMERICAN RIVERS
Digitally signed by Kristin M. May
By: Kristi n M . May Date: 2020.11.13 14:05:30-05-00- Date:
Kristin May
Chief Financial Officer
11/13/2020
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Page 7 of 11

MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS, THE BLUE RIDGE RESOURCE CONSERVATION AND
DEVELOPMENT COUNCIL, INC., AND MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
Signatory:
BLUE- 'RESOURCE -CONSERVATION & DE,OPMENT COUNCIL
By: (� / Date: 0/2 D
Jonathan Hartsell
Executive Director
v�
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MEMORANDUM OF AGREEMENT
BETWEEN THE U.S. ARMY CORPS OF ENGINEERS,
THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER,
AMERICAN RIVERS, THE BLUE RIDGE RESOURCE CONSERVATION AND
DEVELOPMENT COUNCIL, INC., AND MOUNTAIN TRUE,
FOR
DEMOLITION OF WARD'S MILL DAM, WATAUGA COUNTY,
NORTH CAROLINA
Signatory:
MOUNTAIN TRUE
By:
_ 4�- !Vz�e
Julie Mayold
Co -Director
Filed by the Advisory Council on Historic Preservation
Date:
Date: 11/10/2020
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