20231153 Ver 1_ePCN Application_20230816

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
8/16/2023
BIMS # Assigned
20231153
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Seren Homer:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Shulls Mill Dam Removal Project
1a. Who is the Primary Contact?*
Wildlands Engineering (POC: Jake McLean)
1b. Primary Contact Email:
[e-mail]
Date Submitted
8/16/2023
Nearest Body of Water
Watauga River
Basin
Watauga
Water Classification
B, TR, and HQW
Site Coordinates
Latitude:
Longitude:
36.182806
-81.747215
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Watauga
Is this a NCDMS Project
Yes No
Version#*
1
Reviewing Office *
Winston-Salem Regional Office - (336) 776-
9800
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 6 - Survey Activities
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
HE Club Inc
2b. Deed book and page no.:
DB:689 PG:290
2c. Contact Person:
2d. Address
Street Address
PO Box 188
Address Line 2
City
Blowing Rock
Postal / Zip Code
28605
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Bob Wagner
3b. Business Name:
MountainTrue
3c.Address
Street Address
164 Depot Street
Address Line 2
City
Boone
Postal / Zip Code
28607
3d. Telephone Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Mimi Caddell
4b. Business Name:
Wildlands Engineering, Inc.
4c.Address
Street Address
167-B Haywood Road
Address Line 2
City
Asheville
Postal / Zip Code
28806
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Boone
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
1889954994000 18

2c. Project Address
Street Address
1589 Dogwood
Address Line 2
City
Boone
Postal / Zip Code
28607
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Watauga River
3b. Water Resources Classification of nearest receiving water:
B, TR, and HOW
3c. What river basin(s) is your project located in?*
Watauga
3d. Please provide the 12-digit HUC in which the project is located.
060101030301
4. Project Description and History
State / Province / Region
NC
Country
USA
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 Shulls Mill Dam Removal Project site is located at 1589 Dogwood, Watauga County near Boone. The assessment area includes two jurisdictional perennial streams, the Watauga
River and an un-named tributary (UT1). There is moderate sediment build up behind the dam. The river is in a confined valley with large colluvial materials in the stream channel and flood
prone area. The land uses surrounding the project area are forested and residential. The project is bordered by Old Shulls Mill Rd and NC-105 on the west and Dogwood Road on the
east.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
1158 (within assessment area)
4h. Explain the purpose of the proposed project: *
This PCN encompasses the geotechnical testing phase of the Shull Mill dam removal project. The purpose of this phase of the project is to conduct geotechnical testing within the
approximately 450 feet historically impounded area upstream of the Shulls Mill dam. As part of this testing, geolocated depth -to -refusal data will be collected in order to aid with predictions
of the original bed elevation for sediment management analysis and evaluation of geomorphic response to dam removal.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The geotechnical testing phase will involve mobilizing a small to medium size track hoe to support the test pit excavation. An access route has been mapped to cause minimal disturbance
with with only one potential tree (6 inch DBH beech tree) may need to be cleared on the left bank of the Watauga River. Up to 13 test pits are proposed, less than 10 feet wide and up to 10
feet deep. Wildlands will prioritize first the test pits located on dry gravel bars. The dry gravel bar excavation will be completed first to understand the goal and necessity for digging in
wetted back channel or active flow channel of the Watauga River. Tall cobble or water bladder flow diversion dams will be used to reduce or remove active flow from back channel if
excavation is to occur in this area. If test pits are conducted in the active channel will be probed with the excavator to reduce unnecessary sediment disturbance. At completion, all test pits
will be filled back to their original channel elevations and temporary diversions will be removed. Disturbed areas will be seeded, mulched and/or matted at the end of the work day.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
See attached submittal package for pJD form, NCDWQ stream ID form, representative photo log, and
map figures.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Mimi Caddell
Agency/Consultant Company: Wildlands Engineering, Inc.
Other:
6. Future Project Plans

6a. Is this a phased project?"
Yes O No
6b. If yes, explain.
The future phase of this project will include the removal of the Shulls Milldam.
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 project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
O
F]
gf
3a. Reason for impact (?)
Test pits (13 total)
3b.lmpact type"
Temporary
3c. Type of impact"
Excavation
3d. S. name* ��3e.
Watauga River
Stream Type*
(?)
Perennial
31`. Type of
Jurisdiction*
Both
3g. S. width
65
Averege (feet)
3h. Impact
length*
130
(linear feet)
S2
Cobble diversions (3 total)
Temporary
Other
Watauga River
Perennial
Both
65
Averege (feet)
97
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
227
3j. Comments:
3i. Total temporary stream impacts:
227
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The purpose of this geotechnical testing phase is to understand the sediment load behind the Shulls Mill Dam to better inform design and construction
for the future dam removal phase to minimize downstream water quality impacts. Wildlands will comply with all 404 (NWP 6) and 401 (WAGC 4242)
conditions including best practices for erosion control during and following the completion of work. The proposed geotechnical testing activities will
prioritize dry gravel bar excavation first to understand if it's necessary to dig in wetted back channel or active flow of the Watauga River.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Specifically for the geotechnical testing, several measures will be implemented to avoid and minimize impacts. The timing goal is to aim to conduct the
geotechnical testing during low flow times of the year to minimize excess turbidity. Additionally, Wildlands will minimize activities, including measures
intended to reduce turbidity or other disturbance, and duration of activities will be shortened to reduce impacts and achieve a balanced approach. The
testing activities are anticipated to take one day to complete. Tall gravel/cobble or water bladder flow diversion dams will be used to reduce or remove
flow from back channel if test pit excavation is to occur in this area. Wildlands will minimize the number of water crossings by having a strategic
approach that reduces the amount of back -and -forth tracking. Potential need to clear only one tree (6 inch DBH beech tree) for access. Wildlands will
seed, straw and mat access route on the left river bank. Exotic invasive knotweed has been treated and will be re -treated prior to geotechnical testing.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The geotechnical testing phase of this project will only temporarily impact approximately 227 linear feet of stream. Once testing is complete, the test pits will be refilled and the cobble
diversions will be removed to return the stream bed to it's original elevation. No permanent impacts are proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
This project does not meet the thresholds for SEPA or document ($10m expediture or 10-acres disturbance). No federal funding is being used to
complete the project.
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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The purpose of the overall project is a dam removal. This phase of the project is limited to geotechnical testing. The project will not cause an increase in
development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No

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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Species list was generated through the North Carolina Natural Heritage Program data explorer and the US FWS IPaC websites. The IPac review listed
the following species: Gray Bat (Myotis grisescens), Northern Long Eared Bat (Myotis septentrionalis), Virginia Big -eared Bat (Corynorhinus (=Plecotus)
townsendii virginianus), and the Bog Turtle (Glyptemys muhlenbergii). In addition, the proposed endangered species, Tricolored Bat (Perimyotis
subflavus), and the candidate species, Monarch Butterfly (Danaus plexippus), were included as well. A pedestrian field survey was conducted on July
6th, 2023 to determine species and suitable habitat presence/absence within the assessment area and none were identified. No critical habitats were
identified within the assessment area. For the future dam removal phase of the project, the USFWS will be consulted in regards to future
construction/dam removal activities.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper website.
https://www.habitat.noaa.gov/apps/efhmapper/
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?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office (SHPO) GIS Service (HPOWEB) was reviewed for historic resources. The Shulls Mill Dam (WT0955) has a
Surveyed Only (SO) status and is not on the national register of historic resources. No testing or impacts are proposed to the dam under this phase of
the project. No impact on historic or archeological resources anticipated due to geotechnical testing. For the future dam removal phase of the project,
SHPO will be consulted in regards to future dam removal activities.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
The geotechnical testing phase of the project will return all areas to pre-existing grades and is anticipated to be permitted based on the activities
qualifying as a minor project under FEMA guidance. The Watauga floodplain administrator has been contacted and Wildlands will complete a floodplain
development permit for this phase of the project.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center. FIRM Panel: 3710188900J, Effective date: December 3, 2009
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Shulls Mill - Geotech Testing PCN Submittal Package.pdf 8.76MB
File must be PDF or KMZ
Comments
Notes:
5f. Potentially only one tree (6-inch DBH Beech tree) may need to be taken down along the access route.
Signature O
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:
Mimi Caddell
Signature
W~ Nell W

Date
8/16/2023