20171486 Ver 1_401 Application_20171117

Karen Higgins
NC DWQ, WBSCP Unit- Raleigh, Wake County
November 15, 2017
Mrs. Karen Higgins
NC DWQ, WBSCP Unit
512 North Salisbury Street
Raleigh, NC 27604
2 0 1 7 1 4 8 6
November 15, 2017
Re: Pre -Construction Notification Letter to Request for 401 Certification Permit Impacts to
Spillcorn Creek at the Proposed Patrick's Pond & Simulated Stream Project
Madison County, North Carolina
Dear Mrs. Higgins:
Unaka Environmental, LLC (Unaka) is submitting this Pre -Construction Notification (PCN) letter as a
notice to the North Carolina Division of Water (NC DWQ) that Sacred Mountain Waters, LLC, of Marshall,
North Carolina, is requesting a 401 Certification permit relative to the proposed connection of an offline
pond and simulated stream to Spillcorn Creek, located on a 56.99 -acre parcel near Marshall, Madison
County, North Carolina. The project will include the construction of a 0.3 -acre pond in a upland
agricultural field and the construction of 700 linear feet of offline simulated stream being connected to
Spillcorn Creek (for 4.4% total water volume draw from Spillcorn Creek) to feed the pond.
The purpose of the pond installation is aesthetics. The new pond and simulated stream construction will
not impact any wetlands. Land disturbance will be 0.6 acres, all in upland areas and outside of stream
buffers. Spillcorn Creek is a Trout Stream and an Outstanding Resource Water (ORW). A total of 24 LF of
stream impact on the left descending bank is proposed as a conservative high estimate, including a
total of 8 LF of Permanent Impacts and 16 LF of Temporary Impacts. Other than the proposed stream
impacts - to connect Spillcorn Creek to the simulated stream and the pond - the project will avoid the
25 -foot trout buffer and the 30 -foot ORW buffer.
Document Submittal:
We herein provide NC DWQ with five (5) copies of each of the following documents relative to the 401
Certification permit (with the exception of the check) for the pond and simulated stream tie-in to
Spillcorn Creek:
• Check for $240.00 made out to "NC Division of Water Quality"
• Combined USACE & NCDWQ Pre -Construction Notification (PCN) Form completed
• Supporting Documentation
• Current plans for the project
• Discussion of the permitting requirements for this project (below)
• An outline of proposed impacts (below)
llnaka �
Environmcntcl, LLC 1

Karen Higgins 2 November 15, 2017
NC DWQ, WBSCP Unit - Raleigh, Wake County
Summary of Permitting and Mitigation Requirements:
Sacred Mountain Waters, LLC of Marshall has contacted USACE in respect to federal permitting
requirements pertinent to this project to mitigate for stream impacts:
• NWP 18 - Corps of Engineers Nationwide Permit 18 (Minor Discharges)
Proposed Stream Mitigation Plan:
Sacred Mountain Waters, LLC of Marshall understands that mitigation will not likely be required for the
impacts to 24 LF of Spillcorn Creek. The project will create additional Waters of United States via the
simulated stream and pond (700 LF of perennial stream and 0.3 -acre pond).
We hope that the information provided with this PCN letter is sufficient for NC DWQ to process this
permit application in a timely manner. Please contact us, at your earliest convenience, to let us know if
you need any additional information, relative to this application. If you have any questions, please give
us a call at [phone], or call Jeremy directly at [phone].
Sincerely,
�NAKA ENVI"MENTAL, LLC
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Enclosures
Unaka
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Environmental, UX

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
E9 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Patricks Pond & Simulated Stream Project
2b.
County:
Madison
2c.
Nearest municipality / town:
Marshall
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Sacred Mountain Waters, LLC
3b.
Deed Book and Page No.
Deed Book 318, Page 251
3c.
Responsible Party (for LLC if
applicable):
Patrick Hennessey
3d.
Street address:
2932 Big Laurel Road
3e.
City, state, zip:
Marshall, NC 28753
3f.
Telephone no.:
828.656.8194
3g.
Fax no.:
NA
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
® Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent(Consultant Information (if applicable)
5a. Name:
Jeremy Schewe
5b. Business name
(if applicable):
Unaka Environmental, LLC
5c. Street address:
18 Woodridge Lane
5d. City, state, zip:
Asheville, NC 28806
5e. Telephone no.:
1828.505.1630
5f. Fax no.:
NA
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Infornation and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
9811016716
1 b. Site coordinates (in decimal degrees):
Latitude: 35.92595 Longitude: -82.68188
1c. Property size:
56.99 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Spillcom Creek
2b. Water Quality Classification of nearest receiving water:
classified as C, Trout, Outstanding Resource Waters
2c. River basin:
French Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site consists of old agricultural fields still maintained for hay/straw production in a fairly level upland terrace. A woody, mostly native plant buffer exists
along part of Spilkxxn Creek, and in other areas it has up to the present been maintained as herbaceous. Historical farming activity have certainly
encroached on the 25 foot trout buffer and the 30 foot ORW buffer as is often the case throughout Madison county. Farm house%utbuildings.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,125
3d. Explain the purpose of the proposed project:
Create a 0.3 -acre pond in an old ag field outside of the 25'/30' trout/stream buffer. The pond will be fed by a simulated stream from Spillcom Crk.
3e. Describe the overall project in detail, including the type of equipment to be used:
A small simulated stream, 4.4% total water of Spillcom Ck, to 0.3 -acre pond. Mid-size dozer/grade pond. 12k Ib excavator to create simulated stream.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all priorphases) in thepast?
Yes No Unknown
❑
Comments: waived due to scope of proposed temporary impacts
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
® Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ®No ❑Unknown
5b. If yes, explain in detail according to "help file" instructions.
S. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams —tributaries ❑ Buffers ❑ Open Waters ® Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWO (401, other)
(acres)
Temporary
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 T
Excavation
Spillcom Creek
PER
Corps
18
8
S2 P
Fill
Spillcom Creek
PER
Corps
18
4
S3 T
Excavation
Spillcom Creek
PER
Corps
17
8
S4 P
Fill
Spillcom Creek
PER
Corps
17
4
S5 -
Choose one
-
-
Sg -
Choose one
-
-
3h. Total stream and tributary impacts
24
3i. Comments:
Temporary impact via excavation along 8 LF of the LDB in order to create less than 4.4% water diversion from Spillcom Creek to create a simulated
stream and feed the pond. Overflow from the pond would reenter Spillcom Creek causing another temporary impact via excavation along 8 LF. Some
native creek stone will be used to deflect the velocity of the water loth entering the simulated stream as well as when reentering Spificom creek for a
total of 8 LF feet of permanent fill (2 yd3), which will be implemented in such a way as to simulate naturally occurring conditions and reference readies.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
O4 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d.
Wetland Impacts (acres) Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Aesthetics
0
0
0 0
0
0
0.3
P2
Choose one
5f. Total:
0
0
0 0
0
0
0.3
5g. Comments: The 0.3 -acre pond will be constructed in an old upland agriculture field east of Spillcom creek.
5h. Is a dam high hazard permit required?
❑ Yes ® No If yes, permit ID no:
5i. Expected pond surface area (acres):
0.3
5j. Size of pond watershed (acres):
2.5
5k. Method of construction:
embankment, excavation, installation of spillway for discharge
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project is only going to temporarily impact 16 LF of stream, with a minimal draw (less than 4.4%) of water to sufficiently sustain the proposed
pond. Native stone will be used to armor the new simulated stream opening on both sides of its connection with Spilkbmm Creek for a total of only 8 LF
of "permanent impact", 4 ft at outtake and 4 ft at discharge. The entire pond and stream design is based on the assumption that all other impacts
would be avoided by building outside of the 25' trout buffer and the 39 ORW buffer. Otherwise, the site is an old upland ag field.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Unaka has worked with multiple sensitive mountain stream restoration projects. Sediment and erosion control is maintained with the installation of silt
fencing while also using in -stream booms when warranted to help reduce the loss of soil and debris during construction. With the temporary impacts to
the stream bank being so small and short tern, this project is not expected to adversely impact the stream conditions of Spillcom Creek, in fact, it will
be adding 0.3 -acres of open waters of the US as well as 700 LF of on-line intermittent stream. 8 LF of impact becomes 700 LF of stream.
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 yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type. Choose one
Type. Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The project is creating additional waters of the US. No impervious surfaces are planned. Sediment fencing will be utilized to control temporary runoff
while the pond and simulated stream are being built. It is estimated that the pond and stream construction will take about 2 weeks, followed by a week
of planting and seeding with native species to our bioregion. No impervious surfaces added.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local governments jurisdiction is thisproject?
Madison County, NC
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
USMPWater
(check all that apply):
Bapply Supply Watershed
❑ Other.
3c. Has the approved Stormwater Management Plan with proof of approval been
[]Yes ❑ No
attached?
4. DWQ Stormwater Program Review
[]Coastal counties
❑HOW
4a. Which of the following state -implemented stormwater management programs applyORW
(check all that apply)
HSession Law 2006-246
[]Other
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b. 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
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes
® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The purpose of the pond is to provide aesthetics. No further phases of this project are planned for future years within the jurisdictional waters of the
United States or buffers.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NA
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
© Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes © No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS - Endangered & Threatened species and species of concern by county for NC: https://www.fws.gov/raleigh/species/cntylist/madison.htmi
No bat habitat will be impacted. No trees removed. All work completed in winter. Pond and simulated stream should improve any bat habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Habitat Conservation: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.htmi
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
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina State Historic Preservation Office: http://www.hpo.nodcr.gov/NR-PDFs.htmt#M
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program - http://www.ncfoodmaps.com/
Jeremy Schewe
Q��
11 I-7 2717
Applicant/Agent's Printed Name
Date
lican ent s Signature
natur is alid only if an authorization
(Agens1"frorn
fe
libe #pplicant isprovided.)
Page 10 of 10

Unaka
"A
Environmental, LLC
PATRICK'S POND & SIMULATED STREAM PROJECT
Sacred Mountain Waters, LLC
Project Description & Erosion Control Plan Narrative
Prepared for:
Patrick Hennessey, Chief Orchestrator
Sacred Mountain Waters, LLC
2932 Big Laurel Road
Marshall, NC 28753
Submitted by:
Unaka Environmental, LLC
18 Woodridge Lane
Asheville, North Carolina 28806
Unaka Project Number 1 17-013-01
November 15, 2017

TABLE OF CONTENTS
Page
Project Description & Erosion Control Plan ................................................................ 1
1.0 Purpose of the Pond & Simulated Stream Construction ............................... 1
2.0 Project Description..................................................................................... 1
2.1 Stream Water Calculations......................................................................... 2
3.0 Erosion Control Plan Narrative................................................................... 3
4.0 Conclusions............................................................................................... 4
Appendix 1: Figures & Plan Views..............................................................................5
urdre
s 0
Enw*awrw7fal, LLC

PROJECT DESCRIPTION & EROSION CONTROL PLAN
1.0 Purpose of the Pond & Simulated Stream Construction
Sacred Mountain Waters, LLC (SMW), of Marshall, North Carolina, is planning to
create an offline pond and simulated stream for aesthetic purposes on their 56.99 -acre
parcel in Madison County, North Carolina (See Figure 1 - Location Map). The project
will include the construction of a 0.3 -acre pond in an upland agricultural field and the
construction of 700 linear feet of an offline simulated stream (See Figure 2 - Stream &
Pond Morphology). Total disturbance area is approximately 0.6 -acres, all upland in an
old agricultural field. The proposed water source for the simulated stream and the
0.3 -acre pond will be Spillcorn Creek (for a 4.4% total water volume draw), which is a
tributary to the Big Laurel River in the French Broad River watershed.
2.0 Project Description
Spillcorn Creek is an Outstanding Resource Water (ORW) as well as a Trout Stream.
Unaka is currently working with USACE and NC DWQ on the necessary 404/401
permits in order to be sure that the project complies with State and Federal
regulations in respect to Waters of the United States and the Clean Water Act (33
U.S.C. §1251 et seq. 1972). A total of 24 LF of stream impact on the left descending
bank is proposed as a conservative high estimate, including a total of 8 LF of
Permanent Impacts and 16 LF of Temporary Impacts. Other than these proposed
stream impacts - to connect Spillcorn Creek to the simulated stream and the pond -
there are no other proposed impacts. The project will avoid the 25 -foot trout buffer
and the 30 -foot ORW buffer.
The pond will be created via excavation, digging below the existing grade to create the
majority of the desired 10 feet pool maximum depth. All soil and rock excavated from
the pond will be retained on site. Stone will be utilized in the simulated stream bed or
for aesthetic purposes in the landscape. Soil will be used to create a low berm to
retain waters (3' maximum height from existing grade) and will be distributed and
graded in other sections of the agricultural field - outside of stream buffers - in order
to create more level agricultural areas (See Figure 3 - Sediment & Erosion Control
Plan). In addition, some locally quarried stone may be utilized in the southern part of
the pond edge for access and aesthetics (also see Figure 3).
A small bulldozer and trackhoe will be utilized for the purposes of excavation, rough
grading, and final grading of both the pond and simulated stream. The simulated
stream will be lined with COIR blankets, some river stone/gravel, and planted with
native seed mixes and plant plugs (see Figures 4A & 4B - Design Details & Cross
undw
Em*&WW1td_ UZ

Sections). The upland areas around the pond and simulated stream will be planted
with a mix of native perennial grasses and temporary cover and covered with wheat
straw.
Once 404/401 permits are obtained and we are sure to be outside of the January 1 to
April 15, 2018, trout moratorium window, the proposed temporary and permanent
impacts to Spillcorn Creek (see Figure 5 - Proposed Impacts) will be initiated in a
manner as to minimize any and all sediment entering the stream. Unaka will not only
continue to use appropriate sediment fencing in all disturbance areas, but will also
use in -stream booms to further reduce loose sediment probability of entering Spillcorn
Creek. Unaka has worked in multiple high quality streams and trout waters in
western North Carolina and Virginea over the past 10 years. We are prepared to
protect Spillcorn Creek during our minimal disturbance to the stream bank. Water
from Spillcorn Creek will enter the simulated stream upstream from the pond, flow
through approximately 650 LF of the simulated stream, into the pond, and then flow
back into Spillcorn Creek via 50 LF of simulated stream and cascade (See Fig. 2, 4A &.
4B). The volume of water being drawn from Spillcorn Creek for the simulated stream
and the pond is calculated below.
2.1 Stream Water Calculations
1. Calculate the Volume of Water in Spillcorn Stream (Normal Flow):
• Velocity of Spillcorn Creek = 1.96 fps
• Area (Cross Section of Spillcorn at cross section X1) = 20.7 ft2
• Velocity(fps) x Area (cross section) x Correction Factor (0.8) = 32.5 cfs
Or 14,587 gpm
2. Calculate the Proposed Volume of Water of the Simulated Stream:
• Velocity at Spillcorn Creek = 1.96 fps
• Area (Cross Section of Simulated Stream at cross section X2) = 0.92 W
• Velocity(fps) x Area (cross section) x Correction Factor (0.8) = 1.44 cfs
Or 646 gpm
3. Calculate Total Volume of Water Redistributed into the Simulated Stream:
• Proposed Stream Volume / Spillcorn Total Volume x 100% = 4.4% of total water volume
The total volume of water to be drawn from Spillcorn Creek will thus be less than 4.5%
of the total volume. The vast majority of the water drawn from Spillcorn Creek will also
reenter Spillcorn Creek after the pond has filled (See Figure 6). The addition of the
pond will not negatively affect the overall water quality of Spillcorn Creek due to the
pond providing a sediment deposit area (essentially an aggrandized scour pool/oxbow)
and an additional cascade for oxygenation. The pond will mostly be in the shade in
summer months and it is not expected that water temperatures will be raised in
2
Em�wa�na�tat, LLC

Spillcorn Creek due to this project. This is further supported by the volume of fresh
water that will constantly flow in and out of the pond.
3.0 Erosion Control Plan Narrative
Excavation of the pond and simulated stream will begin in the winter of 2017. The
intent of this plan is for grading to be balanced on-site. The areas and sequences over
which construction operations will be performed are as indicated below. The plan view
of the Sediment and Erosion Control Plan -view can be reviewed in Figure 3.
Task 1 I Mobilization
Unaka will obtain all necessary permits for areas under USACE, NC DWQ, and NC
DEMLR jurisdiction. Additionally, all erosion control (sediment fencing) will be
installed around the perimeter of the disturbance areas and to protect the 30 -foot
stream buffer (no work to be conducted inside of the stream buffer areas). Once
404/401 permits are obtained, stream protection barriers (booms) will be utilized in -
stream and sediment fencing in the buffer areas. Benchmarks will be established for
contour reference during grading.
Task 2 1 Earthmoving & Hardscaping
The purpose of this task is excavate the pond and simulated stream, but not to
connect the stream to Spillcorn Creek until Task 3 (upon receipt of 404/401 permits).
All top soil will be removed from the work area and temporarily stockpiled in an
upland area (see Figure 3), with sufficient grass buffer between the work area and
stockpile to act as a natural filter for soil runoff, as well as appropriate sediment
fencing being installed. An area of roughly 164' in average length by 80' in average
width will be excavated for the purposes the pond (see the basic morphology of the
proposed pond in Figures 2 or 6). Subsoil removed from the excavation area will be
utilized to build up a low berm around the lower portion of the pond (south). Native
stone will also be incorporated into the berm strategically for aesthetic and access
purposes. Additional soil will be utilized to help level portions of the agricultural field
for gardening and recreation purposes.
The pond will be excavated to a depth of 10 feet at the deepest (southern) end, and the
full pond level measured off of the benchmarks set up in Task 1 for reference
elevations. The pond will be shallower on the north end and east side of the pond,
while deeper on the southern and western sides. The simulated stream will also be
constructed and graded at this time. However, neither end of the stream will be
constructed or connected until permits are received. All areas of disturbance will be
final graded (using topsoil stockpiled) and seeded with native grasses and forbs. Straw
mats and loose straw will be used to cover the seed on the level agricultural field.
3
E�cvcaMwrtd. LLC

COIR blankets will be utilized in the simulated stream bed. Sediment fencing will not
be removed until successful vegetative cover has been significantly established on the
site.
Task 3 1 Connect the Simulated Stream to Spillcorn Creek
This task covers all activities that will occur on the stream bank of Spillcorn Creek,
within the 30 -foot ORW/trout buffer, and connecting the simulated stream to
Spillcorn Creek, as well as any final seeding and native plantings. This task will only
commence once the 404/401 permits have been received. Impacts to Spillcorn Creek
can be viewed in Figure 5 and details of the connection points can be viewed in
Figures 4A and 4B. Figure 4A details the connection of the simulated stream with
Spillcorn Creek. A small opening of approximately 1 foot in width will be created at
cross section X1 (see details l/ 1, 2/ 1, 3/ 1, and 4/ 1), creating a permanent impact of
4 LF of stream and less than 1 cubic yard of fill (native stone to protect the toe of the
slope of the stream). The stream will then flow into approximately 650 LF of the
simulated stream that will be lined with COIR blankets, periodic boulders, stream
gravel (imported), and native vegetation (see Figure 4A, detail 5/ 1) before flowing into
the new pond. Once the pond has filled, water will exit the pond via a cascade and
simulated stream back into Spillcorn Creek at cross section X3 (See Figure 4B, details
1/2, 2/2, 3/2, 4/2, and 5/2), creating a permanent impact of 4 LF of stream and less
than 1 cubic yard of fill (native stone to protect the toe of the slope of the stream).
4.0 Conclusions
The majority of this project is offline, though in the vicinity of Spillcorn Creek, and
ORW and Trout Water. The project will create 700 LF of online stream once connected
to Spillcorn Creek, and a 0.3 -acre pond. The design of the pond and simulated stream
depends on water sourced from Spillcorn Creek (4.4% total volume) and some surface
water runoff. The project schedule assumes that the majority of the earth moving,
grading, and planting will occur in December of 2017 while waiting for the 404/401
permits to complete the project in the areas under State and Federal jurisdiction. If
permits are not received before the end of December 2017 - allowing for the completion
of project total before January 1, 2018 - then the project will rest until after the trout
moratorium closes on April 15, 2018. The tie in with Spillcorn Creek would then be
scheduled and completed after April 15, 2018.
E�vaaunnrtd. !LC

APPENDIX 1: FIGURES & PLAN VIEWS
Umfs
=c: ,C—C�tc

Area of Interest:
Details of Proposed
Project Area in
additional figures
G
L7
Figure l:
Sacred Mountain Waters
Big Laul-el Road
Marshall, NC
Subject Property:
Approx 57 acres_]
Unaka
Environmental, LLC
18 WOODRIDGE LANE
ASHEVILLE. NORTH CAROUNA28806
PHONE: [phone]
Proiect Location:
Map of Area
DATE:
November 14, 2017
DRAWN BY:
J. KH EWE
CHECKED BY:
1. SCHEWE
SCALE;
1 inch = 833 feet
PROJECT NO.:
VE 17-013-01

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Spillcom Creek
Existing Barn
Legend
Proposed Stream
roads
1Oft Contours
Proposed Stream along
raised terrace
I Temporary Topsoil Stockpile
k
�. -
kk Proposed 0.3 -acre pond
Raised Terrace
with Fill
Build earthen berm/pond _
dam up to contour of
2010 to retain water and
morp seemlessly into the
30' buffer. To be planted
with native vegetation.
30 -foot stream buffer setback
3 _
€ Temporary
L Sediment Fending
Figure 3:
Sacred Mountain Waters
Big Laurel Roar}
Marshall, NC
Native stone built into pond dam/berm
New Proposed Contour of 2010'
Existing House
Raised Terrace with Fill
,. V
Unaka
Environmental, LLC
18 WOODRIDGE LANE
AStIE"LLE, NORM CAROLINA 28806
PHONE: [phone]
Sediment & Erosion
Control Plan
DATE:
November 8, 2017
DRAWN BY:
1. SCHEWE
CHECKED BY:
J. SCH EWE
SCALE:
1 inch = 98 feet
PROJECT NO.:
VE 17-013-01

RDB
Acer plat.
RDB
Acer plat.
Existing Site Conditions & Cross Section
LDB
RDB
LDB
X1
Acer plat.
Betula allegh.
2 Spillcorn Crk w/ Cross Section
1
1 Cross Section X1
1
Spillcorn Creek Calculations
Velocity = 1.96 fps
Volume = 14,587 gpm
Proposed Stream Outtake & Simulated Stream Cross Sections
LDB
Figure 4A:
Large boulders
Double -woven Coconut \ LDB
RDB Fiber Erosion blanket X1
:.::.tip.: �:;,Va �::M1p•: �' r�:Ka•- '.+tii.'•
Betula allegh
4 Cross Section X1 Changes
1
RDB LDB
cre4 Mountain Waters, LLC
Big Laurel Roar#
Marshal(, NC
;I a X2
5 -Year Storm Water Level IT
Ordina•
Stream
Gravel & Pebbles ' ' Double -woven Coconut
Dead wedge stake Fiber Erosion blanket
5 Cross Section X2 Simulated Stream
1111'j�
Unaka
Environmental, uc
18 WOODRIDGE LANE
ASHEVILLE. NORTH CAROLINA 78806
PHONE: [phone]
Design Details &
Cross Sections C1)
DATE;
November 8, 2017
DRAWN BY:
). SCHEWE
CHECKED BY:
). SCHEWE
SCALE:
PRO)ECr NO.:
VE 17-013-01

RDB
RDB
LDB
Acer plat.
Existing Site Conditions & Cross Section
RDB Bank height 3.5'
i Water Mark
Depth = 13.8" avg. Width = 17.2'
LDB
.•. . �31`:i_ .+ys .:• _•:: �Si:i_ �s ..• • • �3►:i_-+}e::•._•:: �3►:i_%w• �;: •�'�i• :�,;�«:
.t`
7 Cross Section X3
2
2 Spillcorn Crk w/ Cross Section
2
ProDosed Simulated Stream Discharae to SDillcorn Creek
Cross -vane cascade
from new pond to
LDB Large boulders reconnect with
Spillcom CreekA—;:�=
—_
r RDB Double -woven coconut —
l Fiber erosion blanket `` —
Acer plat.
Simulated
Stream from
New Pond
Cross -vane
Cascade
3 Proposed Stream Confluence
2
Figure 4B:
Depth = 13 8" avg. Width =-
4 Cross Section X3 Changes
2
creel Mountain Waters, LLC
Big Laurel Roar}
Marshall, NC
RDB
LDB
LDB
Large boulders
X4
-� Double -woven Coconut
Fiber Erosion blanket
5 Cross Section X4 Cascade
2
Unaka
Environmental, LLC
18 WOODRIDGE LANE
ASHEVILLE NORTH CAROLINA 28806
PHONE: [phone]
Design Details &
Cross Sections (2)
DATE:
November 9, 2017
DRAWN BY:
J- SCHEWE
CHECKED BY:
J. SCH EWE
SCALE:
PRO)ECT NO.:
VE 17-013-01

PCN Impacts:
S1 = 8 LF of Temporary Impact
S2 = 4 LF of Permanent Impact
Figure 5:
creel Mountain Waters, LLC
Big Laurel koad
Marshall, NC
Legend
Proposed Stream
� roads
1 Oft Contours
PCN Stream Impacts:
S1 = 8 LF of Temporary Impact
S2 = 4 LF of Permanent Impact
ional 700 LF of Perennial Stream
:ructed through this project fed
1% draw off of Spillcorn Creek.
PCN Pond Id:
P1 - 0.30 -acre pond
(no wetlands will be
impacted)
Unaka
Environmental, LLC
1S WOODRIDGE LANE
ASHEVILLE, NORTH CAROLINA 25806
PHONE: [phone]
N
Proposed Stream
Impacts CT & P)
DATE:
November 8, 2017
DRAWN BY:
). SCHEWE
CHECKED BY:
1. SCHEWE
SCALE:
1 inch - 63 feet
PRO)ECT NO.:
VE 17-013-01

Outtake of stream water
- 4.4% total volume
Culvert for Barn Access
- -"-'
Sediment control basin �I
Additional Culvert for Site
Access & Maintenance
30 -foot setback from stream edge
to protect stream buffer requirements.
All vegetation will be native species
and covercrop grasses.
Spillcorn
Creek
14,587 gpm
Legend
Proposed Stream
� roads
30 foot buffer setback
Existing Barn
Proposed 685 LF
simulated stream -
646 gpm
Proposed treatment
Fig. 4A, DWG 5/1
Woodedn walking bridge
L: -to cross simulated stream.
Figure 6:
crecj Mountain Waters, LLC
Big laurel Road
Marshall, NC
1 Oft Contours
Proposed 0.3 -acre pond
Unaka
Environmental, LLC
16 WOODRIDGE LANE
ASHEVRLE. NORTH CAROLINA 78806
PHONE: [phone]
Discharge back
into stream I
Proposed treatment
Fig. 413, DWG 5/1
N
Pond & Stream
Proposed Plan View
DATE:
November 8, 2017
DRAWN BY:
/. SCHEWE
CHECKED BY:
). SCHEWE
SCALE:
1 inch - 63 Feet
PRO)ECi NO.:
VE 17-013401

Unaka
Envirorvnental, LLC
AGENT AUTHORIZATION FORM
0ATc - Rlouen,.�er J3, aoi7
PROJECT NAME / DESCRIPTION: PATS POND A SIMULATED STREAM
PARCEL ID: PN: 9811-01-6716
PROPERTY OWNER (PRINTED):
PROPERTY OWNER (SIGNATURE):
OWNER ADDRESS:
SACRED MOUNTAIN WATERS. LLC
/' j- i A .. ,vo,; i3
MARSHALL. NC 28753
TELEPHONE 0: 1828) 656-8194
THE UNDERSIGNED, REGISTERED PROPERTY OWNER(S) OF THE ABOVE NOTED
PROPERTY, DO HEREBY AUTHORIZE , OF UNAKA
ENVIRONMENTAL, LLC TO ACT ON MY BEHALF AND TARE ALL ACTIONS NECESSARY
FOR THE PROCESSING, ISSUANCE, AND ACCEPTANCE OF THE PERMIT OR
CERTIFICATION AND ANY AND ALL STANDARD AND SPECIAL CONDITIONS
ATTACHED.
NOTICE: THIS AUTHORIZATION, FOR LIABILITY AND PROFESSIONAL COURTESY
REASONS, IS VALID ONLY FOR GOVERNMENT OFFICIALS TO ENTER THE PROPERTY
WHEN ACCOMPANIED BY UNAKA STAFF. PLEASE CONTACT THE ABOVE UNAKA
AGENT TO ARRANGE A SITE MEETING PRIOR TO VISITING THE SITE.
UNAKA PROJECT 0: UE -17-013-01
Unaka Ermrommental. LLC
18 Woodridge Linc
Alst a lle, NC 28806
[phone]

Endangered Species, Threatened Species,Federal Species of Concern,
and Candidate Species,
Madison County, North Carolina
Updated: 05-04-2017
Common Name
Vertebrate:
Eastern small -footed bat
Gray bat
Hellbender
Lake sturgeon
Mountain blotched chub
Northern long-eared bat
Northern saw -whet owl (Southern
Appalachian population)
Olive darter
Paddlefish
Rafinesque's big -eared bat
Southern Appalachian eastern
woodrat
wounded darter
Invertebrate:
French Broad crayfish
Sculptured supercoil
Vascular Plant:
Butternut
Mountain Thaspium
Piratebush
Nonvascular Plant:
Lichen:
Scientific name
Myotis leibii
Myons grisescens
Cryptobranchus alleganiensis
Acipenser fulvescens
Erimystax insignis eristigma
Myotis septentrionalis
Aegolius acadicus pop. 1
Federal Record Status
Status
FSC
E
FSC
FSC
FSC
T
FSC
Current
Current
Current
Historic
Obscure
Current
Current
Percina squamata
FSC
Historic
Polyodon spathula
FSC
Historic
Corynorhinus rafinesquii
FSC
Historic
Neotoma floridana haematoreia
FSC
Current
Etheostoma vulneratum
FSC
Historic
Cambarus reburrus
Paravitrea terraria
FSC Current
FSC Current
Juglans cinerea FSC
Thaspium pinnatifidum FSC
Buckleya distichophylla FSC
Current
Current
Current

Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
listing. (Formerly "Cl" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered
or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,
for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-
listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007.
After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the
primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit httl2://www.fws.gov/miaratorybirds/baideagle.htm
Threatened due to similarity of aRpearanc T(S/A)):
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of
the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.

NORTH CAROLINA LISTINGS IN THE
NATIONAL REGISTER OF HISTORIC PLACES
BY COUNTY
As of November 7, 2017
MADISON COUNTY
Bank of French Broad (Marshall) MD0054 6/10/2004 PDF Map
California Creek Missionary Baptist Church (Mars Hill vicinity) MD0003 7/12/1984 PDF Map
Capitola Manufacturing Company Cotton Yarn Mill (Marshall) MD0063 8/28/2012 PDF Map
Dorland Memorial Presbyterian Church (Hot Springs) MD0005 7/24/1986 PDF Mia
Hot Springs Historic District (Hot Springs) MD0213 2/5/2009 PDF Map
Madison County Courthouse (Marshall) MD00015/10/1979 PDF Map
Mars Hill College Historic District (Mars Hill) MD0052 9/12/2006 PDF Map
Mars Hill Commercial Historic District (Mars Hill) MD0284 9/8/2015 PDF Map
Mars Hill High School (Mars Hill) MD0060 9/7/2005 PDF Map
Marshall High School (Marshall) MD0062 8/13/2008 PDF Map
Marshall Main Street Historic District (Marshall) MD0056 8/16/2007 PDF Map
Thomas J. Murray House (Mars Hill vicinity) MD0057 6/1/2005 PDF Map
Henry Ottinger House (Hot Springs vicinity) MD0004 3/6/1986 PDF Map
Sunnybank (Hot Springs) MD0006 5/23/1980 PDF Map
James H. White House (Marshall) MD0007 12/21/1989 PDF Map
Jeff White House (Marshall vicinity) MD0002 6/5/1975 PDF Map
Web Site Accesses on 11/7/17: http://www.hpo.ncdcr.gov/NR-PDFs.html#M
1 North Carolina State Historic Preservation Office
Department of Cultural Resources
Office of Archive & History
Division of Historical Resources

Northing: - 613,835. Easting - 908,402
Northing: - 813.835, Easting - 911,871
Northing: - 810,366, Easting - 908,402 Northing: - 810,366, Easting - 911,871
This la an o """ copy of a portion of the above referenced flood map. This map Incorporates changes or amendments which may
have been made sa bs equent to the date on the title block. For the latest product Information about National Flood Insurance
Program flood maps check the FEMA Fla od Map Stare at www.msc.tems.gov.
Save PDF
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V CONTAINS:
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Notice to User: The Map Number(s) shown below
10 should be used when placing map orders; the
OO Community Number(s) shown above should be used on
insurance applications for the subject community.
l.e..
SELECTED PANELS:
MAP NUMBER EFFECTIVE DATE
37009801003 6/2/2009
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