20210125 Ver 1_ePCN Application_20210309

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20210125
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Sosne Pond
1a. Who is the Primary Contact?*
Carrie Caviness
1b. Primary Contact Email:*
[e-mail]
Date Submitted
3/9/2021
Nearest Body of Water
Un-named Tributary to Shawneehaw Creek
Basin
Watauga
Water Classification
Shawneehaw Creek (C, tr)
Site Coordinates
Latitude: Longitude:
36.169844-81.863674
Pre -Filing Meeting Information
ID#
20210125
Pre -fling Meeting or Request Date*
1/19/2021
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form (1).pdf
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Amy Annino:eads\amannino
1c. Primary Contact Phone:*
[phone]
Version
1
52.12KB
A. Processing Information C^U
County (or Counties) where the project is located:
Avery

Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
la. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
LDE Family Farms, LLC
2b. Deed book and page no.:
Deed book 545, Pg. 510
2c. Responsible party:
Adam Sosne
2d.Address
*
r Yes r No
r Yes r No

Street Address
6626-C Gordon Rd.
Address Line 2
City
Wilmington
Postal / Zip Code
28411
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Carrie Caviness, PhD
4b. Business Name:
Interface Environmental Consulting, LLC
4c.Address
Street Address
476 Hidden Pond Rd
Address Line 2
city
Boone
Postal / Zip Code
28607
4d. Telephone Number:
[phone]
4f. Email Address:*
ca rri e. cavi n ess. 1 @gmai1.com
Agent Authorization Letter*
Signed AA Form_LDE Family Farms LLC.pdf
State / Rwince / Ifgion
NC
Country
United States
2f. Fax Number:
Slate / Rwince / Region
NC
Country
United States
4e. Fax Number:
161.84KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Banner Elk
2. Pro Project Identification
2a. Property Identification Number:
2b. Property size:
18591443533
62.57
2c. Project Address
Street Address
431 Old Turnpike Rd
Address Line 2
C1ty
State / Rwince / Region
Banner Elk
NC
Postal / Zip Code
Country
28604
United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Un-named Tributary to Shawneehaw Creek
3b. Water Resources Classification of nearest receiving water:*
Shawneehaw Creek (C, tr)
3c. What river basin(s) is your project located in?*

Watauga
3d. Please provide the 12-digit HUC in which the project is located.
060101030201
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The proposed Sosne Pond is located at an undeveloped property northeast of the Town of Banner Elk (Avery County). Access to the property is a single driveway northward from Old
Turnpike Rd. The southern portion of the property is a grassed field (-10 % slope). The remainder of the property is generally forested and steeper slopes are found from the field to
the ridgeline. Low density residential and undeveloped/forested landuses predominate in the surrounding area. The project site is located to the northwest of the grassed field; north
and along an Un-named Tributary to Shawneehaw Creek (UT-Shawneehaw). (see accompanying Overview Map) The tributary originates on the property and flows south along its
western boundary to Old Turnpike Rd.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS_Sosne Pond.pdf
245.31 KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
20210222_13332601656_1_Soil_Map.pdf 350.39KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.84
4g. List the total estimated linear feet of all existing streams on the property:
1346
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a 0.2 acre pond for stocking with native trout
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Please refer to the attached project drawings for additional specification. The pond shall be 0.2 acres in size including shoreline to provide 2' of freeboard. The principal spillway for the
pond is proposed as a concrete riser with trash rack which outlets to a 48" HDPE pipe. UT-Shawneehaw Creek (intermittent) begins at the appropmate center of the proposed pond.
Five (5) linear feet (If) of the stream bed shall be excavated to achieve the proposed bottom elevation. The riser shall be installed with the outlet HOPE pipe approbmately following the
streambed for 72 If. The auxillary spillway is proposed as grassed weir; with no impact to jurisdictional resources. The following types of equipment are anticipated for use during project
construction: track -hoe, dump truck, bulldozer, and skidsteer.
The pond is proposed with additional site development including an improved driveway and barn and paddock south of the pond project site. The pond wil not be used by livestock
(horses) and is not intended for agricultural activities. An Erosion and Sediment Control Plan will be submitted to the North Carolina Department of Energy, Minerals, and Land
Resources in Asheville for review and approval. This Plan will include all ESC measures proposed for the pond construction as well as other site improvements.
No indirect impacts to jurisdictional resources are anticipated. The proposed pond will be fed by two sources. The primary source, and most especially in summer months, will be
groundwater from a bedrock well. The secondary, supplementary source is the wasting groundwater flow at the proposed location. Small test pits were dug outside of the streambed to
assess depth to large boulders and/or bedrock in September 2020. Two of the four pits located in the area of the proposed pond had weak groundwater flow at depths >6'. The pond
depth is proposed between 6 -12' of the eAsting ground surface.
4j. Please upload project drawings for the proposed project.
Sosne Pond -Permit Drawings _NFC_03.09.2021.pdf 2.47MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Carrie Caviness, PhD
Agency/Consultant Company: Interface Environmental Consulting, LLC
Other:
5d1. Jurisdictional determination upload
Approved JD form (fillable) (1)_Sosne Pond.pdf
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
84.14KB
r Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?

No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
17 Wetlands W Streams -tributaries
r Open Waters W Pond Construction
3. Stream Impacts
r Buffers
F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* �3�name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Pond Creation
Permanent
Excavation
Ur-Shawneehaw
Intermittent
Both
2
Average (feet)
5
(lir�rfeet)
S2
Riser Pie
P
Permanent
Culvert
LIT-Shawneehaw
Intermittent
Both
2
Average (feet)
72
(lir�rfeet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
77 0
31. Total stream and ditch impacts:
77
3j. Comments:
5. Pond or Lake Construction
5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland 5d. Stream
pond impacts impacts (feet)
(acres)
Flooded Filled Excavated Flooded Filled
P1 Trout pond
P2
5f. Total:
0
5e. Upland
(acres)
Excavated
77 0.198
5g. Comments:
The pond from top of dam including shoreline (2' freeboard) and permanent pool is 0.20 acres. The surface area for the permanent pool is 0.15
acres.
5h. Is a dam high hazard permit required?
r Yes r No
If yes, permit ID no
51. Expected pond surface area (acres): 5j. Size of pond watershed (acres):
0.15 6.03
5k. Method of construction:
excavation (pond) /fill (dam); see attached drawings
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
77 0.198

The proposed pond has been located (to the north) to avoid stream impacts to the greatest extent practicable in its current location. Following a
discussion in the pre -filing period with Amy Aninno (02/15/2021; NCDEQ), the proposed pond location was shifted eastward to try and further avoid
and minimize stream impacts. However, the existing road/driveway location (see attached drawings) and site topography still resulted in stream impacts
via culvert due to pond fill slopes. The possibility of shifting the proposed pond location southward was also explored, however, the southward shift
would eliminate much of the viable existing grazing area (-1 acre) and eliminate the ability of the landowners to have livestock (horses) at the
property. Since, impacts could not be avoided given site constraints, further measures were taken to minimize impacts in the pond's originally
proposed location. An endwrall has been proposed at the outlet of the principal spillway to reduce stream impacts from 90 If to 77 If.; the proposed
endwall was shifted northward to a maximum height of 11'. This is the maximum height the geotechnical engineer is comfortable raising the endwwall to
given the project's fill slope.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will be conducted to avoid any discharge of material to downstream receiving waters outside of the area of proposed impacts (see
Attached Drawings and Sequence of Construction). An Erosion and Sediment Control plan will be submitted for approval with the NC DEMLR Asheville
office and include pond construction as well as adjacent grading/development outside of the scope of this application.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project impacts do not exceed federal or state mitigation thresholds.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Riparian Buffer Protection Rules do not apply. Trout Buffer Rules apply.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r' Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r' Yes r No
3b. If you answered "no," provide a short narrative description.
The property is owned by a single family to build a vacation residence. No subdivision is proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*

r Yes
r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPAC
Environmental Review- USFWS Byron Hampstead
Consultation Documentation Upload
21-127_USACE Sosne Pond_AveryCo.pdf 281.11 KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOWEB 2.0
Environmental Review
7c. Historic or Prehistoric Information Upload
ER-21-0263.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
DFIRM 3710185900J
Miscellaneous
Comments
Attachments include:
Overview Map with Aerials
Photosheets
NC Stream ID Sheets for project reach described in the attached JD Form
Sosne Pond_MFL_15A NCAC 02K .0502 Demonstration
Sosne Pond GC4139 GC25 Demonstration
Miscellaneous attachments not previously requested.
Sosne Photosheets.pdf
Sosne Pond_GC4139_GC25_Demonstration_02.25.2021.pdf
Sosne Pond_MFL_15A NCAC 02K.0502_02.24.2021.pdf
Sosne_TOB4_NCDWQ StreamlD Form.pdf
Overview Map - Sosne Pond.pdf
150.18KB
720.04KB
1.22MB
1.21 MB
368.96KB
3.66MB
v

Signature v
R By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Carrie Caviness
Signature
a"t w ��lYdte26
Date
3/9/2021

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. N/A PLAN NO. NIA
PARCEL ID(s): 18591443533
STREET ADDRESS: 431 Old Turnpike Rd Banner Elk, NC 28604
Property Owner: LDE Family Farms, LLC
The undersigned, registered property owners of the above noted property, do hereby authorize
_ Carrie Caviness, PhD , of Interface Environmental Consulting, LLC
(Contractor/Agent) (Consulting Firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
6626-C Gordon Rd Wilmington, NC 28411
Telephone: qyo C�6-el. �e;y
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
Authorized Signature:
Date: / —'7 o — )� P

U.i. OEPAUMk OFT E IIRERIOR MU CRCInUAOPAH LE
=C 3!1
51A 1 r
Kll
" PRO,]PC7 LOCAT16N
- l Sfi.tFi973A.-�i.$6389�5
nee.ne Ae,�uxx5fw.sewdeaisw.e, getiet�9aope
s,
u.
•�+.•,•"•-•. w. a ,w ». nx en w w. w '
.n.a_. ...sn w wrr n.r. � s u•.•• •'•••. •••,,, '�'���� w^•M••r.un � � YAIlE CR 1C4. HC �-

Soil Map—Avery County, North Carolina
(Sosne Property)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
2/22/2021
Page 1 of 34002900400300040031004003200400330040034004003500400360040029004003000400310040032004003300400340040035004003600422000422100422200422300422400422500422600
422000 422100 422200 422300 422400 422500 422600
36° 10' 29'' N 81° 52' 3'' W36° 10' 29'' N81° 51' 37'' W36° 10' 0'' N
81° 52' 3'' W36° 10' 0'' N
81° 51' 37'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
0 200 400 800 1200
Feet
0 50 100 200 300
Meters
Map Scale: 1:4,220 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:12,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Avery County, North Carolina
Survey Area Data: Version 25, Jun 2, 2020
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: May 20, 2011—Nov
9, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Avery County, North Carolina
(Sosne Property)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
2/22/2021
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
CtE Cullasaja cobbly loam, 30 to
50 percent slopes, extremely
bouldery
7.0 16.7%
PuD Porters gravelly loam, 15 to 30
percent slopes, stony
0.1 0.2%
SaB Saunook loam, central
mountains, 2 to 8 percent
slopes
0.1 0.1%
SbD Saunook loam, central
mountains, 15 to 30 percent
slopes, very stony
5.7 13.4%
UnD Unaka-Porters complex, 15 to
30 percent slopes, very
rocky
4.1 9.7%
UnE Unaka-Porters complex, 30 to
50 percent slopes, very
rocky
8.4 20.0%
UnF Unaka-Porters complex, 50 to
95 percent slopes, very
rocky
16.9 40.0%
Totals for Area of Interest 42.2 100.0%
Soil Map—Avery County, North Carolina Sosne Property
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
2/22/2021
Page 3 of 3
A (P1)B (P1)A (P1)Sheet
1/4POND PLAN AND DETAILSCHECKED BY:DRAWN BY:DATE:XX/XX/XXXXMCCJHNo.DATEBYREVISIONS1.XXXXLDE FAMILY FARMS, LLC.WILMINGTON, NORTH CAROLINASOSNE BARN & PONDFeet
0 15 30
·
·
FOR REVIEW PURPOSES ONLY -
NOT FOR CONSTRUCTION
Feet
0 5 10
Sheet
2/4POND PLAN AND DETAILSCHECKED BY:DRAWN BY:DATE:XX/XX/XXXXMCCJHNo.DATEBYREVISIONS1.XXXXLDE FAMILY FARMS, LLC.WILMINGTON, NORTH CAROLINASOSNE BARN & PONDXSEC
PROFILE
·
·
·
·
·
·
FOR REVIEW PURPOSES ONLY -
NOT FOR CONSTRUCTION
Sheet
3/4POND PLAN AND DETAILSCHECKED BY:DRAWN BY:DATE:XX/XX/XXXXMCCJHNo.DATEBYREVISIONS1.XXXXLDE FAMILY FARMS, LLC.WILMINGTON, NORTH CAROLINASOSNE BARN & PONDFOR REVIEW PURPOSES ONLY -
NOT FOR CONSTRUCTION
Sheet
4/4POND PLAN AND DETAILSCHECKED BY:DRAWN BY:DATE:XX/XX/XXXXMCCJHNo.DATEBYREVISIONS1.XXXXLDE FAMILY FARMS, LLC.WILMINGTON, NORTH CAROLINASOSNE BARN & PONDFOR REVIEW PURPOSES ONLY -
NOT FOR CONSTRUCTION
STAPLE PATTERN GUIDE
SLOPE INSTALLATION GUIDE
CHANNEL INSTALLATION GUIDE
Refertilize if growth is not fully adequate. Reseed, refertilize
ground agricultural limestone and 400 lb/acre 18-46-50
Follow recommendations of soil tests or apply 2,000 lb/acre
and mulch immediately following erosion or other damage.
August 15 - October 15
Follow recommendations of soil tests or apply 2,000 lb/acre
ground agricultural limestone and 750 lb/acre 10-10-10
asphalt, netting or a mulch anchoring tool. A disk with
Apply 4,000 lb/acre straw. Anchor straw by tacking with
blades set nearly straight can be used as a mulch anchoring
Refertilize if growth is not fully adequate. Reseed, refertilize
and mulch immediately following erosion or other damage.
August 15 - October 15
Seeding Dates
Soil Amendments
Mountains
Maintenance
fertilizer.
March 15 - May 15
Rebel Fescue (80%)
Seeding Dates
Lawn Seeding Mixture*
Kentucky Bluegrass (20%)
Soil Amendments
fertilizer.
Maintenance
Slope Seeding Mixture
Mountains
tool.
Mulch
Permanent SeedingSpecies
March 15 - May 15
260 lbs.
Rate (lb/acre)
Contractor Mix containing perennial Ryegrass, annual Ryegrass,
and Tall Fescue. Seed at a rate of 12 lb/1000 sq ft.
*Verify seed mix for pasture and paddock areas with Client and Architect.
40 lbs.
April 15 - August 15
May 1 - August 15
May 15 - August 15
Rate (lb/acre)
Temporary Seeding for Summer
tool.
Mulch (if no Matting is Prescribed on Plans)
Apply 4,000 lb/acre straw. Anchor straw by tacking with
blades set nearly straight can be used as a mulch anchoring
asphalt, netting or a mulch anchoring tool. A disk with
and mulch immediately following erosion or other damage.
Refertilize if growth is not fully adequate. Reseed, refertilize
Maintenance
ground agricultural limestone and 750 lb/acre 10-10-10
Follow recommendations of soil tests or apply 2,000 lb/acre
Soil Amendments
Seeding Dates
Coastal Plain
Piedmont
fertilizer.
Mountains
Species
Seeding Mixture
German Millet
Rate (lb/acre)
120 lbs.
50 lbs.
December 1 - April 15
January 1 - May 1
February 1 - May 1
February 15 - May 15
Temporary Seeding for Winter/Early Spring
Follow recommendations of soil tests or apply 2,000 lb/acre
Soil Amendments
Mountains (Below 2,500')
Mountains (Above 2,500')
in Piedmont & Coastal
Annual Lespedeza (Kobe
Plain, Korean in Mountains)
Coastal Plain
Piedmont
Seeding Dates
Seeding Mixture
Species
Rye (grain)
Mulch (if no matting is prescribed on plans)
Refertilize if growth is not fully adequate. Reseed, refertilize
and mulch immediately following erosion or other damage.
asphalt, netting or a mulch anchoring tool. A disk with
blades set nearly straight can be used as a mulch anchoring
Apply 4,000 lb/acre straw. Anchor straw by tacking with
fertilizer.
ground agricultural limestone and 750 lb/acre 10-10-10
Maintenance
See Stabilization Notes specific to Plans.
Stabilization
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 1, 2021

Carrie Caviness
Interface Environmental Consulting
476 Hidden Pond Road
Boone, North Carolina 28607

Dear Carrie Caviness:

Subject: Sosne Pond Development; Avery County, North Carolina

The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated February 25, 2021, wherein you solicit our comments regarding project-
mediated impacts to federally protected species. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).

Project Description
According to the information provided, the Applicant seeks authorization from the U.S. Army
Corps of Engineers to develop a private 0.2 acre recreational trout pond in Banner Elk, North
Carolina. The proposed project would impact approximately 90 linear feet of an unnamed
tributary to Shawneehaw Creek. The proposed action area described in the Applicant’s
biological evaluation is less than 0.3 acres in extent, and is composed of a dry rocky area
dominated by pasture grasses, and several small red maple saplings (less than 4 inches dbh). Site
development plans have not been provided at this time.

Federally Listed Endangered and Threatened Species
Based on the information provided, suitable habitat does not occur within the described action
area for any federally protected species and we require no additional information at this time.
Please be aware that obligations under section 7 of the Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action.

The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at [e-mail], if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-21-127.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Secretary D. Reid Wilson
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

February 18, 2021

Carrie Caviness, PhD [e-mail]
Interface Environmental Consulting, LLC
476 Hidden Pond Road
Boone, NC 28607

Re: Construct Sosne Pond, 36.169115N 081.863895W, 431 Old Turnpike Road East, Banner Elk,
Avery County, ER 21-0263

Dear Dr. Caviness:

Thank you for your email of January 18, 2021, regarding the above-referenced undertaking. We have
reviewed the submittal and offer the following comments.

We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36
CFR Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.

Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer

PROJECT SITE PHOTOSHEETS
Sosne Pon d
Banner Elk, NC (AveryCo.)
February 23rd,2021
*Descriptions in “” reference Top of Bank flags noted on Site Plans.
Photosheet 1
Looking Downstream
from “End 8”; the
upstream end of reach
described by NC
Stream ID Sheets.
Looking Downstream
from “TOB7”
Photosheet 2
Looking Downstream
from “TOB 6”
Looking RL to RR at
“TOB 4”; the
downstream end of
reach described by NC
Stream ID Sheets.
GENERAL WATER QUALITY CERTIFICATION 4139 – General Condition 25
PROJECT: Sosne Pond (Nationwide 18/GC4139)
A pre-filing meeting request form was submitted for the proposed project to the NC Division of Water Resources.
Environmental Specialist Amy Annino responded on February 12th, 2021 with some requirements for consideration
related to permitting an in-line pond. This report addresses the following item:
“A 401 water quality certification request for an in-line pond would need to demonstrate that the impoundment will not
cause a violation of the North Carolina surface water standard for dissolved oxygen, temperature, and pH. Depending on
the submittal, we may require multi-year monitoring of select parameters of concern.”
The following evidence and calculations are provided to address the item and demonstrate proposed project compliance
with General Water Quality certification 4139 – General Condition #25 given in part as follows:
“The applicant and their authorized agents shall conduct activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with Section 303(d) of the Clean Water Act, and any
other appropriate requirements of State and Federal Law… “
The pond/dam/spillway is proposed to permanently impact 90 linear feet of intermittent Un-named Tributary to
Shawneehaw Creek (8-22-7; C, tr), henceforth referred to as UT-Shawneehaw. A 0.2 acre pond is proposed. A portion of
the stream will be excavated to create the pond basin; the remainder of the impact includes the principal spillway (riser)
outlet pipe which will follow the existing streambed. The stream was delineated and identified on August 28th, 2020
using relevant USACE jurisdictional documentation and the NC DWQ Stream Identification Form Version 4.11. The
proposed area score “22”; with a score of greater than or equal to 19 indicating the stream is intermittent. No flowing
water was observed on the date of assessment; disconnected pools with 0-1” of standing water were identified in the
streambed. Flowing water was observed on February 23, 2020, with water depth ~1-2” (see photos below).

The relevant standards for the parameters of interest identified by Ms. Annino, as determined from the 15A NCAC 02B
Water Quality Standards for Surface Waters, are as follows for UT-Shawneehaw Creek:
• Dissolved Oxygen ≥ 6.0 mg/L
• pH 6-9 (range)
• Temperature “the temperature for trout waters shall not be increased by more than 0.5 degrees C (0.9 degrees
F) due to discharge of heated liquids, but in no case to exceed 20 degrees C (68 degrees F).” (02B. 0211 Section
18)
Pond Inflow
The proposed pond will be fed by two sources. The primary source, and most especially in summer months, will be
groundwater from a bedrock well. The secondary, supplementary source is the existing groundwater flow at the
proposed location. Small test pits were dug outside of the streambed to assess depth to large boulders and/or bedrock
in September 2020. Two of the four pits located in the area of the proposed pond had weak groundwater flow at depths
>6’. The pond depth is proposed between 6 – 12’ of the existing ground surface.
The USGS Water Resources Investigation Report 00-4270 (Kozar et. Al, 2001), describes bedrock well groundwater
quality in terms of many parameters, but provides data on temperature, pH, and Dissolved Oxygen for 30 wells in the
Blue Ridge Physiographic Province of the New River Basin. The Sosne pond site is located <30 mi from the sampling
region and is underlain by the same belt formation (Blue Ridge Belt, Biotite granitic gneiss); thus, median values
obtained by the report are likely similar to the project site.
• Dissolved Oxygen (mg/L) was reported as Median = 5.0, Maximum = 9.6 (n=30).
• pH was reported as Median = 6.2, Maximum =8 (n=30)
• Temperature (◦C) was reported as Median = 9.9, Maximum = 12.5 (n=12).
While median values for pH and Temperature meet 02B standards, Dissolved Oxygen (DO) is slightly lower, however
inflowing DO is likely to increase, as a result of pipe pumping from the bedrock well and exposure to winds and
turbulence at the pond surface upon entry and mixing.
Pond Circulation
Since the pond is proposed for stocking with native trout, it is important to the project engineer and landowners to
maintain water quality standards relevant to 02B standards for trout waters. A bottom diffused aeration system is
proposed for the pond for several purposes all relevant to aeration and mixing, but specifically to avoid low DO areas or
development of a hypolimnion in summer months AND high temperatures in the epilimnion in summer months.
Pond Outflow
Pond waters will outflow through a principal spillway designed as an upright concrete riser to an HDPE outflow pipe;
drawing off well oxygenated pond surface waters, especially in winter and spring months when rainfall and baseflow
drive stream flows. The outflow pipe shall be corrugated along the inner diameter to further encourage turbulent
aeration. There should be no decrease in the minimum flow level of the intermittent stream in either summer/fall or
winter/spring months and since there are no apparent point or non-point sources of pollution to the intermittent
waterbody along it’s entirety (~750’) to Shawneehaw Creek, dilution of inflowing contaminants is not of issue.
Based on pond inflow sources and circulation and outflow design, neither the pond nor downstream receiving waters
will violate NC 02B water quality standards for DO, pH, or temperature. I conclude the project, as proposed, will meet
the GC4139 – General Condition #25 requirement as highlighted by Ms. Annino.
References
Kozar, M.D., Sheets, C. J., and C. A. Hughes. 2001. “Ground-water Quality and Geohydrology of the Blue Ridge
Physiographic Province, New River Basin, Virginia and North Carolina.” USGS Water-Resources Investigations Report 00-
4270. pp. 1-41.
MINIMUM FLOW DESIGN
PROJECT: Sosne Pond (Nationwide 18/GC4139)
The following evidence and calculations demonstrate that the proposed Sosne Pond will meet 15A NCAC 02K .0502
Required Minimum Flow for Dams (Not Small Hydro Project) requirement pursuant to Section (b) (1) as follows:
“(b) A dam proposed for a small stream with a mean annual daily flow less than or equal to 3.0 cubic feet per second
(cfs) shall be subject to the following review process in determining the required minimum flow: (1) If the mean annual
daily flow is less than or equal to 3.0 cfs and the 7-day, 10-year low flow (7Q10) is less than or equal to 0.2 cfs; and if
there are no existing point source discharges of wastewater to the affected stream reach; then no minimum release will
be required.”
The pond/dam/spillway is proposed to permanently impact 90 linear feet of intermittent Un-named Tributary to
Shawneehaw Creek (8-22-7; C, tr), henceforth referred to as UT-Shawneehaw. A 0.2 acre pond is proposed. A portion of
the stream will be excavated to create the pond basin; the remainder of the impact includes the principal spillway (riser)
outlet pipe which will follow the existing streambed. The stream was delineated and identified on August 28th, 2020
using relevant USACE jurisdictional documentation and the NC DWQ Stream Identification Form Version 4.11. The
proposed area scored “22”; with a score of greater than or equal to 19 indicating the stream is intermittent. No flowing
water was observed on the date of assessment; disconnected pools with 0-1” of standing water were identified in the
streambed. Flowing water was observed on February 23, 2020, with water depth ~ 1-2” (see photos below). Using flow
area and water slope estimates, Q is estimated at 0.5-0.6 cfs (ft3/sec).

Given observed summer and winter flow, the mean annual daily flow for UT-Shawneehaw can be safely assumed to be
less than 3.0 ft3/s. Additionally, the USGS Streamstats Peak Flow Statistics Flow Report (02/15/2021, attached), predicts
the “50_percent_AEP_Flood” peak flow or Q2year at 1.94 cubic feet per second. Therefore, it is reasonable to assume
without further analysis or demonstration that the mean annual daily flow for UT-Shawneehaw is less than 3 cubic feet
per second.
The 7-day, 10 year low flow (7Q10) and 7-day, 10 year low flow November to March (W7Q10) were calculated based on
regression equations for the Western Piedmont and Mountain region given in USGS Water-Supply Paper 2403 “Low
Flow Characteristics of Streams in North Carolina.”(USGS 1993). Calculations are given below:
Drainage Area (DA) = 0.01 mi2 (~262,760 ft2)
Mean Annual Runoff (MAR) = 2 (ft3/s)/mi2 (USGS 1993, Plate 2)
Mean Annual Flow (MAF) = MAR * DA = 0.02 ft3/s
7Q10 = 0.155*MAF1.01 7Q10 = 0.003 ft3/s
W7Q10 = 0.252*MAF0.99 W7Q10 = 0.005 ft3/s
Both the 7Q10 and W7Q10 are less than 0.2 ft3/s. Since the Mean Annual Daily Flow can be assumed to be less than
3 ft3/s, the 7Q10 is less than 0.2ft3/s, and there are no existing point source discharges of wastewater to the affected
stream reach, I concluded the project has met the Section (b)(1) requirement and thus no minimum release is required.
References
Giese, G. L. and R. R. Mason Jr. 1993. “Low-Flow Characteristics of Streams in North Carolina.” USGS Water Supply Paper
2403. pp1-36.
Date: [� _ �Q Projectlsite:
Evafuatvr: C—C— County:
Total Points: Stream Deter
Stream is at least intermittentZ-Lif a 19 ❑rperanniar if a 30' Ephemeral
So S Latitude: U. 1 �Cs �a �� I
j Longitude:
circle one) Other
:ermitteno Perennial a g_ Quad teams:
A. Geomorphology (Subtotal =
Absent
Weak
Moderate
Strong
1"'Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
2
3
3. In -channel, structure* ex. riffle -pool, step -pool,
❑
(
ri le- ool sequence
1
2
2
3
CD
4. Particle size of stream substrate
0
5. Active/relict floodplain
❑
1
2
3
6. Depositional bars or benches
0
1
2
3
T. Recent alluvial deposits
CO)
1
2
3
B. Headcuts
❑
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
❑
0.5
1
1 5
11. Second or greater order channet
u =
Yes = 3
o, 1-U, a6G U-6; yI VF15 Irl maniJ$I
B. Hvdroloav isubtotai = 1
12. Presence of Baseflow
13. Iron oxidizing bacteria
0
0
1
1
'. =J
2
3
3
14_ Leaf litter
15. Sediment on plants or debris
1.5
1
0
O.B
1
1.5
i6. Organic debris lines or piles �_
❑
1
1 5
17. Soil -based evidence of high water table?

PROJECT OVERVIEW MAP
SOSNE POND
Project Site
UT-Shawneehaw Creek
Sosne Parcel
nc_avery_parcels_poly_
Legend
Br
ooksi
de Dr
i
veSosne Pond
Project Site
~0.2 acres
All data displayed is publically available and
was obtained from NCOnemap and Avery Co. (2020)
excluding the UT-Shawneehaw Creek (as rendered by C.C.)
UT-Shawneehaw Creek
Shawneehaw Creek (8-22-7; C, tr)
PIN: 18591443533
LDE Family Farms, LLC
431 Old Turnpike Rd Banner
Elk, NC 28604
~62.57 acres
Deed Bk 545, Page 510
Old Turnpike Rd
DWR Pre-Fil ing Meeting Req u est Form
ID#*Ve rsion *
Re gional Office *
Re v ie we r List *
Contact Name *
Contact Email Addre ss *
Proje ct Name *
Proje ct Owne r *
Proje ct County *
Owne r Addre ss:
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low.*
20210125 1
Asheville Regional Office - [phone]
Amy Annino
Pre-Filing Me eting Reque st submitte d 1/19/2021
Carrie Caviness
[e-mail]
Sosne Pond
LDE Family Farms, LLC.
Avery
City
Banner Elk
State / Province / Region
NC
Postal / Zip Code
28604
Country
USA
Street Address
431 Old Turnpike Rd
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
Sue Homewood or staff
The landowners wish to construct a pond on their property. Several
residential structures and barn are proposed on the property for
family members. The pond construction will impact ~90 linear feet of
an intermittent portion of and un-named tributary to Shawneehaw
Creek (C, tr) in Banner Elk, North Carolina. The stream's top of bank
has been delineated by Carrie Caviness (the consultant and agent
for the project). Stream Identification sheets have been completed.
Please give a couple of dates you are available for a meeting.
Ple ase attach the docume ntation you would like to hav e the me e ting about.
Signature
Submittal Date
1/21/2021
Overview Map - Sosne Pond.pdf 3.66MB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:

· This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I also understand that DWR is not required to respond or grant the meeting request.

Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location
and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an
application.
1/19/2021