20231153 Ver 1_Shulls Mill - Geotech Testing PCN Submittal Package_20230816

WILDLANDS
E N G I N E E R I N G
MEMORANDUM
TO: Permit Reviewer
FROM: Jake McLean, Wildlands Engineering
DATE: August 14, 2023
RE: Pre -Construction Notification Pursuant to NWP 6
Shulls Mill Dam Removal — Geotechnical Testing Phase
Watauga County, North Carolina
On behalf of MountainTrue, Wildlands Engineering, Inc. (Wildlands) is submitting a Pre -Construction
Notification (PCN) for the Shulls Mill Dam Removal project in Watauga County near Boone, NC in the
Watauga River Basin (HUC 06010103). MountainTrue has partnered with American Rivers and helped
secure grant funding through a direct funding allocation from the State of NC, issue through the NC
Wildlife Resources Commission, to complete the removal of Shulls Mill Dam for the purpose of aquatic
habitat improvement along the Watauga River. Project activities for the first phase of work involving
geotechnical testing are described in the Pre -construction Notification (PCN) application and figures.
Supporting Documentation Table of Contents
Figure 1— USGS Topographic Map............................................................................................ 2
Figure2 —Vicinity Map..............................................................................................................
3
Figure3 — Site Map....................................................................................................................4
Figure4 — Soils Map..................................................................................................................
5
Figure5 — Site Impact Map........................................................................................................6
PhotoLog...................................................................................................................................7
Landowner Authorization Form..........................................................................................................9
PJDForm..............................................................................................................................................12
NCDWQStream ID Form...................................................................................................................14
Please do not hesitate to contact me at [phone] or at [e-mail] should you
have any questions.
Sincerely,
Jake McLean, PE
Project Manager

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Photo point 5: Watauga River upstream Shulls Mill Dam — view Photo point 5: Watauga River upstream of Shulls Mill Dam —
downstream I view downstream/left bank
Photo point 5: Watauga River upstream of Shulls Mill Dam — view downstream/right channel bar
Shulls Mill Dam Removal — Geotechnical Testing — Representative Site Photos

LAND ACCESS LICENSE AGREEMENT
THIS LAND ACCESS LICENSE AGREEMENT ("License Agreement") is by and between
Hound Ears Club, Incorporated ("Licensor"), and American Rivers, Inc. ("Licensee"), ("the Parties").
WHEREAS, the Licensor is the owner of the property Shull's Mill Dam located at Old Shull's
Mill Rd.
WHEREAS, the Property contains Shull's Mill Dam;
WHEREAS, the Licensor and the Licensee agree to dam removal for the purpose of, aquatic
habitat improvement
WHEREAS, the Licensee has requested access to the Property for the purpose of dam removal
and stream restoration (the "Work");
NOW THEREFORE, in consideration of the mutual premises, promises and covenants, that are
hereby acknowledged by the parties, the parties agree as follows:
1. Licensor grants to Licensee, its employees, representatives, contractors, and subcontractors,
including but not limited to MountainTrue, Blue Ridge Resource Conservation and Development Council
("Project Partners") the right to access the Property at all reasonable times for the purpose of performing
the Work.
2. This License Agreement shall commence on the date that it is fully executed by the Parties and
shall continue until Licensee completes the Work, but no later than December 31, 2025. The rights
granted by this License are specifically designed to inure to the benefit of the Licensee and its contractors,
subcontractors, employees and representatives, including the Project Partners.
3. The Licensor and the Licensee agree that this License Agreement does not convey any right, title,
easement or interest of a permanent nature in the Property to the Licensee or any other person. The
Licensor and Licensee agree that this License Agreement does not waive other rights either party may
have under federal, state, and local law.
4. Upon termination of the Work, Licensee shall restore any portions of the Property disturbed by
the Work, as set forth in a detailed site plan to be provided at a later date, with the understanding that the
Dams will have been removed and associated habitat restoration activities will have been completed.
5. Licensee shall, at its own cost and expense, maintain and keep in force at all times during the
License Period: (1) commercial general liability insurance, which shall include contractual liability
coverage against third -party claims for bodily injury or property damage occurring on the Property as a
result of Licensee or Project Partners' Work; primary coverage will be a minimum aggregate limit of not
less than $1,000,000 and excess umbrella aggregate limit of not less than $2,000,000; and (2) Employers'
Liability and Workers' Compensation Insurance to the extent required by law.

6. Licensee accepts the condition of the Property "as is" and acknowledges that Licensor has not
made and makes no warranty of any kind as to the condition of the Property for the use intended under
this License.
7. Licensee assumes no liability for any existing or future environmental conditions of the
Property. Licensor indemnifies and holds harmless Licensee for any pollutants, hazardous materials
and/or substances on the Property from acts or omissions of Licensor and/or past owners, operators, or
tenants of the Property, and acts or omissions of any transporters and/or arrangers of any pollutants,
hazardous materials and/or substances on the Property, which may be disturbed as a result of the
Work. Licensee agrees to notify Licensor of any such pollutants, hazardous materials and/or substances
discovered on the Property in accordance with, or as a result of, the Work. The Licensor's obligations
under this section shall survive the termination of this License Agreement.
8. Neither party shall be liable to the other for any liability for consequential, special or incidental
damages including, without limitation, any damages arising out of business interruption, lost profits, loss
of rental income, or loss of the use of the Property whether any such claim is brought by Licensor,
Licensor's tenants or any other third party.
9. This License Agreement shall be governed and construed under and in accordance with the laws
of the State of North Carolina
10. This License Agreement constitutes the entire agreement by and between the parties hereto and
no other oral or written agreements, arrangements, representations or understandings, unless specifically
noted herein, shall be deemed to be in existence. This License Agreement, for all purposes, supersedes all
prior agreements, written or oral, if any, between the parties hereto, and may not be amended or modified
except by an instrument in writing signed by all parties to be bound.
11. The license granted hereby is personal to Licensee and shall not be assigned or sub -licensed
without the prior written consent of Licensor. Licensor shall transfer the rights and obligations of this
License Agreement to any successors, heirs, executors, lessees, or assigns of the Property for the
remainder of the License Period, including but not limited to the remainder of Work to be completed by
Licensee and its Project Partners. This Agreement shall be binding upon the parties hereto, and their
respective successors and assigns.
Any Notices under this License Agreement shall be deemed duly delivered if hand -delivered or mailed by
U.S. certified mail, return receipt requested, to:
Licensor: Hound Ears Club, Incorporated

+28 Shull's Mill Roved Boone NC' 28h07
Attn:
Licensee: American Rivers
Attn: AR Erin McCombs
With a copy to: American Rivers, Inc.
ATTN: General Counsel
1101 14., St., NW
Suite 1400
Washington, DC 20005
IN WITNESS WHEREOF, the Licensor and Licensee have executed this License Agreement as of the
day and the year first set forth above.
Witness: t�
Witness:
By:
Date: L 2 ' 15- — Z G 21
AMERICAN RIVERS, INC.
By.:
12/17/21
Kristin M. May, Chief Financial Officer

O.PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 8/11/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Inc., Mimi Caddell, 167-B
Haywood Road, Asheville, NC 28806
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville Regulatory Field Office, Not filed to date
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 1589 Dogwood, Boone, NC 28607
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Watauga City: Boone
Center coordinates of site (lat/long in degree decimal format): Latitude: 36.1815716 Longitude:-81.7467913
Universal Transverse Mercator: UTM 17
Name of nearest waterbody: Watauga River
E. REVIEW PERFORMED FOR STYE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 7/06/23
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount
Type of aquatic
Geographic authority
Latitude
Longitude
of aquatic resources
resources (i.e., wetland
to which the aquatic
Site Number
(decimal
(decimal
in review area
vs. non -wetland
resource "may be"
degrees)
degrees)
(acreage and linear
waters)
subject (i.e., Section
feet, if applicable
404 or Section 10/404)
1. Watauga
36.1815716
-81.7467913
1051 LF
Non -wetland waters
Section 404
River
2. UT1
36.1825860
-81.7472150
107 LF
Non -wetland waters
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor
of this PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based
on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or
other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -
reporting NWP or other general permit, and the permit applicant has not requested an AID for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD,
which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID could possibly result in less compensatory mitigation being required or different special
conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of
the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to
comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization
based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will
be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or
enforcement action, or in any administrative appeal or in any Federal court and (7) whether the applicant elects to use
either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit
(and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to
33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of
jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is

practicable. This PJD finds that there "maybe" waters of the U.S. and/or that there "maybe" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features inthe review area that could be affected by the proposed
activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: USGS Topographic, Vicinity, Site Map with 2022 Aerial, Soils Map
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:_
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale Boone and Valle Crucis, NC
quadrangles
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soils Survey Website
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Zone AE — FIRM 3710188900J
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): 2022 aerial is used on GIS figures with submittal
or ®Other (Name & Date): Representative site photos with submittal.
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Mimi Caddell
&W(tea&
Signature and date of Regulatory 8/11/2023
staff member completing PJD Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
DATE impracticable)
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

NC DNVQ Stream identification Form Version 4.11
y 11
Latitude:
p
� � �Z�J p�o 0
Date: � 1 b ZO�' j
projectl5ite:
County: rJ �-1r A Lkk C7l
V
Longitude:
Evaluator, iM C p, a 6 e 0
,
Total Points: (�
stream is at least intermittent 5
stream Determination icircl a
Ephemeral Intermittent erennia
Other U-T l
e.g Quad Name:
if >- 19 or perennial if :' 30' U p'L
A. Geomorphology Subtotal =
Absent
Weak
Moderate
Strong
1" Continuity bed and bank
0
12
Sinuosity nnel along thalweg
02.
3
3. In -channel structure: ex. riffle -pool, step -pool,
0
1
2
ripple -pool sequence
0
1
2
4. Particle size of stream substrate
2
3
5. Activelrelict floodplain
0
2
3
6. Depositional bars or benches
0
1
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
0.5
1
1.5
9. Grade control
0
0.5
1
1.5
10. Natural valley
Yes = 3
11. Second or greater order channel
o =75
artifidaI ditches are not rated: see discussions in manual
B, Hydrology Subtotal = 16
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
2
0.5
0
14, Leaf litter
5
0
1
0.5
1
1.5
15. Sediment on plants or debris
1.5
16, Organic debris lines or piles
0
0.5
1
17, Soil -based evidence of high water table?
No = 0
es
C. Biology (Subtotal = 11JL )
18. Fibrous roots in streambed
3
2
1
0
0
19. Rooted upland plants in streambed
2
1
20. Macrobenthos (note diversity and abundance)
0
1
QZ>
2
3
21. Aquatic Mollusks
0
1
0.5
1
1.5
22, Fish
0.5
1
1.5
23. Crayfish
ES
E25.
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
Algae
26. Wetland plants in streambed
ACW = 0.7 OBL
= 1.5 Other = 0 (u
'perennial streams may also be identified using other methods. See p. 35 of manual.
�v 112 C"& t
Sketch: 47 _
LT
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