20231153 Ver 2_ePCN Application_20240105

DW R
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20231153
2
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
Select Project Reviewer*
9800
Saran Homer:Seren.Homer
Information for Initial Review
la. Name of project:
Shulls Mill Dam Removal Project
la. Who is the Primary Contact?*
Wildlands Engineering (POC: Jake McLean)
1b. Primary Contact Email: *
[e-mail]
Date Submitted
1/5/2024
Nearest Body of Water
Watauga River
Basin
Watauga
Water Classification
B, TR, and HQW
Site Coordinates
Latitude:
36.182806
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
Longitude:
-81.747215
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 permit(s) 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:
Nationwide Permit (NWP) Number:
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
27 - Restoration
53 - Removal of Low -Head Dams
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
1g. 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. Name(s) on recorded deed:
HE Club Inc
2b. Deed book and page no.:
DB: 689 PG: 290
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
PO Box 188
Address Line 2
City
Blowing Rock
Postal / Zip Code
28605
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Bob Wagner
3b. Business Name:
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]
0. 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
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
O

2a. Property Identification Number:
1889954994000
2b. Property size:
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 HQW
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
floodprone 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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
Corps Action ID: 2023-01660 for authorization of NWP#6
4f. List the total estimated acreage of all existing wetlands on the property
4g. List the total estimated linear feet of all existing streams on the property:
1158 (within assessment area shown on Figure 3 site map)
4h. Explain the purpose of the proposed project: *
This PCN encompasses the dam removal phase of the Shulls Mill dam removal project. The Shulls Mill Dam Removal project proposes the full vertical and horizontal removal of the Shulls
Mill Dam except along the portion left of the left river bank where only the upper half of the dam is proposed to be removed. The goals of the project are to restore riverine continuity with
respect to hydrology, sediment transport and habitat, restore the river channel and bank through the partial impoundment area to facilitate a trend towards long-term geomorphic
equilibrium, and create benefits to aquatic organism passage, habitat quality, and water quality. Removal of an attractive nuisance that the current dam proposes is another primary goal.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Shulls Mill Dam Removal Project proposes to remove the partially breached dam and restore the streambanks in the area upstream of the dam. Fine grained material upstream of the
dam in the former impoundment will be used to reconstruct streambanks and wasted on -site to the extent that floodplain permitting and re-establishment of natural geomorphic conditions
allow. Staging and access will take place via Old Shulls Mill Road which parallels the Watauga River and NC-105. After completion of the project, impacted areas along the banks, laydown
areas, and the haul road will be re -graded and planted with native vegetation.
The design approach involves the following primary objectives:
Remove sediment from the historic impoundment to the anticipate post -removal average bed profile to significantly reduce downstream sediment movement to background levels;
• Address ongoing left streambank erosion through river realignment and restoration of pattern, dimension and profile to reference dimensions — a bankfull bench feature should be
incorporated where feasible but the reach is naturally confined;
• During sediment removal and dam removal, plan sequencing that minimizes downstream sediment transport as the primary objective and also turbidity wherever possible.
The Dam will be removed using an excavator mounted hydraulic hammer. Streambank restoration efforts will complete bank grading, benching, matting, toe stabilization, and
bioengineering measures, followed by planting. Native riparian vegetation will be reestablished through seeding, plugs, livestaking and container or bare root planting to enhance long-term
stability. Refer to the technical memorandum detailing the construction plan in attached submittal package.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
No
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?
O Unknown
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.
A previous phase of this project (geotechnical testing phase) has been completed. The purpose of the prior phase of the project was 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 was collected in order to aid with predictions of
the original bed elevation for sediment management analysis and evaluation of geomorphic response to dam removal. The geotechnical testing was completed in October 2023.
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
❑
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact*
3d. S. name *
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
Temporary Access Crossing
Temporary
Other
UT1
Perennial
Both
10
Average (feet)
(linear feet)
S2
Stabilization tie -into Watauga
Temporary
Stabilization
UT1
Perennial
Both
52
River
Aveage (feeq
(linear feet)
S3
Bank Stabilization
Temporary J
Bank Stabilization
Watauga River
Perennial
Both
65
445
Average (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 507
3i. Total stream and ditch impacts:
507
3j. Comments:
All impacts are associated with the proposed dam removal and restoration activities.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The purpose of the project is to conduct stream restoration activities that will result in reestablishment of aquatic passage and increased habitat function.
The design approach, sequence and methods will attempt to minimize temporary and permanent impacts through use of best management practices
and proven techniques. Potential sediment impacts have been evaluated and the historic impoundment is being regraded to achieve a new base level
consistent with the anticipated post -removal level in order to prevent sediment movement into the reach downstream of the dam that is in excess of
background levels.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The activity involves stream restoration and impacts have been minimized through the use of temporary crossings and diversion and sequencing to
minimize downstream movement of sediment from upstream of the dam. The tributary will utilize a pump around during work to reduce turbidity, but work
within the river channel will largely be done without dewatering which could adversely affect aquatic life. Diversions are proposed whenever possible to
divert flow around the active work area. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design
Manual.

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:
Compensatory mitigation is not required for aquatic habitat restoration related activities authorized under the
Nationwide 27 and 53 since these activities must result in a net increase in aquatic resource functions and services.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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?
Yes No
If no, explain why:
The project is located in the Watauga River basin with no associated NC Riparian Buffer Rules.
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
la. 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 expenditure 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. 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 and threatened species,
Tricolored Bat (Perimyotis subflavus) and Green Floater (Lasmigona subviridis), 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. A seeping letter detailing the project activities,
along with appropriate species conclusion table, NLEB consistency letter, and NCNHP letter was sent to USFWS on December 8th, 2023. A response
was received on January 5, 2024 and is provided in the attached submittal package.
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. SHPO was sent a seeping letter detailing the project on November
10, 2023. A response letter was received on January 2, 2024 indicating that a review was conducted and the office was aware of no historic resources
that would be affected by the project. The letter in included in the attached submittal package.
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:
This is a dam removal project and involves temporary work within the floodplain with no insurable structures. The Watauga floodplain administrator has
been contacted and a floodplain development permit will be obtained through modeling to support a no -rise certification.
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
Shuts Mill Dam Removal PCN Submittal Package.pdf 92.65MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
0
• 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
Date
1/5/2024