20201735 Ver 2_ePCN Application_20220303

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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
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.
BIMS # Assigned*
20201735
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
City of Boiling Spring Lakes Dams Construction/Reconstruction Project
1a. Who is the Primary Contact?*
Jon Swaim
1 b. Primary Contact Email: *
[e-mail]
Date Submitted
3/3/2022
Nearest Body of Water
Allen Creek
Basin
Cape Fear
Water Classification
B/Sw
Site Coordinates
Latitude:
34.0216,34.0462,34.042545,34.033572
A. Processing Information
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Version# *
2
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
1c. Primary Contact Phone:*
[phone]
Longitude:
-78.0693,-78.0373, 78.052333,-78.063545
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)
u

Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
1 /29/2021
1 b. 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: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
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
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
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:
City of Boiling Spring Lakes
2b. Deed book and page no.:
468/436, 1426/1415, 3562/962, 1511/107, 1169/1009, 4422/1255
2c. Contact Person:
David Andrews, City Manager
2d.Address
Street Address
9 East Boiling Springs Road
Address Line 2
City
Boiling Spring Lakes
Postal / Zip Code
28461
State / Province / Region
NC
Country
USA

2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jon Swaim
4b. Business Name:
McGill Associates, PA
4c.Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
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:
City of Boiling Spring Lakes
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
157HJ01401,142PA032,156EA058,17200002
2b. Property size:
15,1720000208,142JG002,142JG003
34.79
2c. Project Address
Street Address
N/A— Existing Dams (Sanford, Pine Lake, Upper, and North Lake Dam)
Address Line 2
City
State / Province / Region
Boiling Spring Lakes
NC
Postal / Zip Code
Country
28461
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Allen Creek
3b. Water Resources Classification of nearest receiving water:*
B/Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050701
4. Project Description and History

4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
During Hurricane Florence (September 2018), Sanford Dam suffered major failure due to overtopping and substantial embankment erosion that caused sudden release and loss of the
Boiling Spring Lake impoundment. Cascading failures occurred at smaller upstream dams serving the Boiling Spring Lake system: Sanford Dam, Pine Lake Dam, North Lake Dam, and
Upper Lake Dam.
All the dams were earthen embankments with risers and/or conduits constructed circa 1962. Middle Lake Dam is privately owned. All other dams are owned and maintained by the City of
Boiling Spring Lakes. The dams maintained varied water levels for aesthetics and recreational use throughout the City's lake system.
The Sanford and Upper Dams traverse Allen Creek while the Pine Lake and North Lake Dams cross tributaries north of Allen Creek. The primary study areas were approximately 50 feet
upstream and downstream from the center of these dams. The study area encompassing the Sanford Dam also includes downstream wetland and floodplain areas affected by the dam
failure. Selected areas of the historic lake shoreline were also observed during site visits. The Pine Lake and North Lake sites can be accessed from Boiling Springs Road, east of Highway
87. The Sanford Dam can be accessed from Alton Lennon Drive off of Boiling Spring Road. The Upper Lake Dam is partially closed to traffic and can be accessed from Dam Road which is
west of Highway 87. The project sites occupy the southern tip of the Cape Fear River Basin in Brunswick County, which is a coastal county subject to the rules of policies of the Coastal
Resources Commission.
The Pine Lake and North Lake Dams have been temporarily repaired and culverts installed by the NC Department of Transportation allowing for Boiling Springs Road to be open to traffic
in both locations. The Upper and Sanford Dams have unrepaired breaches, and roads crossing the dams are closed to traffic. General land use in the vicinity of the property
consists of residential, small commercial, and open undeveloped properties.
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).
DWR # 2020-1735
Action Id. SAW-2021-00216
This PCN submittal is intended to renew the existing permits which will expire on March 18, 2022.
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:
223
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to re-establish the impounded lakes upstream of the City -owned dams breached by Hurricane Florence. Benefits for the local community and City if
lakes are restored.
1. Increased tax base/Restore lakefront properties — At present there are 288 residential properties adjacent to the former Lake waterfront. Restoring the waterfront would increase the tax
value of these properties and provide a more substantial tax base for the City.
2. Business growth — Many businesses adjacent to or near the Lake would benefit directly or indirectly from restoring the Lake. Recreational opportunities provided by the Lake draws
tourists to the area which patronize local motels, restaurants, and other businesses.
3. Restoration of lacustrine fringe wetlands — It is estimated there are a total of approximately 10 acres of lacustrine wetlands that existed along the fringe of the Lake system prior to
draining. The project would restore these wetlands which provide habitat for a variety of wetland and aquatic species.
4. Recreation opportunities — The restored Lake could provide a number of recreation opportunities to both residents and visitors of the City including boating, waterskiing, wildlife and bird
watching, and fishing.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Proposed project consists of repairs of the City -owned dams to include restoration of the earthen embankments and installation of spillways and seepage control elements that meet
current codes and standards. The design storm approved by NC Dam Safety program is the % PMP (Probable Maximum Precipitation) for the Sanford Dam and % PMP for the other dams
in the system. The following are the major elements included in the design:
• At Sanford Dam, install a cutoff wall for the entire length of the dam, upgraded riser structure and cast -in -place (CIP) concrete box culvert to replace the existing undersized spillway and
rebuild the embankment at the location of the breach and partially scoured area, and install mix -in -place (MIP) panels along the upstream and downstream toes of the embankment to
mitigate the potential for cyclic liquefaction.
• At North Lake Dam and Pine Lake Dam, remove the existing bottom metal culverts because they are not compliant with current codes and standards and install riser structures and CIP
box culverts with seepage controls.
• At Upper Lake Dam, replace the existing undersized spillway with a riser structure and CIP box culverts with seepage controls and rebuild the embankment at the breach. Hydrologic and
Hydraulic (H&H) models were developed to simulate the lake system aiming to assess hydraulic performance for various alternatives of all spillways. The H&H evaluation provided
adequate spillway sizing to ensure overtopping protection up to the design storm for each lake. In addition, a combined breach of all dams upstream of Sanford Dam was simulated to
ensure that the breach of the upstream dams does not cause overtopping and risk of failure at Sanford Dam.
A geotechnical exploration was conducted at all sites with added emphasis on the underlying limestone formation, which had been associated with sinkholes formation around Sanford
Dam. A cutoff wall was recommended for the entire length of Sanford Dam to minimize the rate of groundwater flow in the limestone underneath the dam.
Proposed impacts to the lake system and Allen Creek are as follows:
Sanford Dam —
Permanent Impacts = 0.49-Acres Open Water associated with fill for restored earthen embankment and new spillway structure, 90LF Allen Creek (Impact S1) associated with rip rap
dissipator pad.
Temporary Impacts = 0.87-Acres Open Water and 30LF Allen Creek (Impact S2) associated with equipment access and maneuvering, and lay down areas.
North Lake Dam —
Permanent Impacts = 0.13-Acres Open Water associated with fill for restored earthen embankment and new spillway structure.
Temporary Impacts = 0.34-Acres Open Water associated with equipment access and maneuvering, and lay down areas.
Pine Lake Dam —
Permanent Impacts = 0.11-Acres Open Water associated with fill for restored earthen embankment and new spillway structure.
Temporary Impacts = 0.25-Acres Open Water associated with equipment access and maneuvering, and lay down areas.
Upper Lake Dam —
Permanent Impacts = 0.09-Acres Open Water associated with fill for restored earthen embankment and new spillway structure.
Temporary Impacts = 0.29-Acres Open Water associated with equipment access and maneuvering, and lay down areas.
All temporarily disturbed lake bed and shoreline areas will be returned to original contours and elevations. Temporarily disturbed shoreline
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Unknown
Preliminary Approved Not Verified Unknown N/A

Corps AID Number:
Action Id. SAW-2021-00216
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jon Swaim
Agency/Consultant Company: McGill Associates, PA
Other: Site Visit: 7-30-2019
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
March 18, 2021
6. Future Project Plans
6a. Is this a phased project?*
Yes No
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
E
S1
3a. Reason for impact(?)
Rip Rap Energy
Dissipator/Spillway
3b.lmpact type*
Permanent
3c. Type of impact*
Rip Rap Fill
3d. S. name*
Allen Creek
3e. Stream Type"
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width*
Average (feet)
3h. Impact
length"
90
pinearfeet)
S2
Access
Temporary
Workpad/Causeway J
Allen Creek
Perennial
Both
Average (feet)
30
Qinear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
90 30
3i. Total stream and ditch impacts:
120
3j. Comments:
Impacts to Allen Creek downstream of Sanford dam associated with rip rap energy dissipator/spillway (permanent) and equipment access/laydown
area/flow diversion (temporary).
4. Open Water Impacts
4a. Site #
OW1
4a1. Impact Reason
FILL
MATERIAL/SPILLWAY
STRUCTURE
4b. Impact type
P
4c. Name of waterbody
BOILING SPRING LAKE
4d. Activity type :114e.
Fill
Waterbod y type
Lake
4f. Impact area
0.50
OW2
OW3
ACCESS
RIP RAP
APRON/SPILLWAY
STRUCTURE
T
P
BOILING SPRING LAKE
BOILING SPRING LAKE
Causeway
Fill
Lake
Lake
2.50
0.07
OW4
ACCESS
T
BOILING SPRING LAKE
Causeway
Lake
1.30
OWS
RIP RAP APRON
P
BOILING SPRING LAKE
Fill
Lake
0.09
OW6
ACCESS
T
BOILING SPRING LAKE
Causeway
Lake
1.40
OW7
SPILLWAY
P
BOILING SPRING LAKE
Fill
Lake
0.08
OW8
ACCESS
T
BOILING SPRING LAKE
Causeway
Lake
0.70

4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
5.90 0.74
4g. Total open water impacts:
6.64
4h. Comments:
Temporary impacts associated with equipment access, laydown areas, and flow diversion measures.
Permanent impacts associated with rip rap dissipator pads, spillway structures, and earthen dam fill material.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project design intended to replace existing failed dams and bring them up to current NC Dam Safety and FEMA standards. Disturbed areas caused by
equipment access will be kept to a minimum. Materials will be stored in upland areas as much as practical. Improvements are limited to those required to
bring the existing dam into compliance with state and federal regulations.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Temporary pond bed impacts limited to diversion, access, and lay down areas. Impervious diversion dikes will be used to direct flow through gates and
pump water as needed to maintain a dry construction area. Erosion control measures shall be used during construction to minimize impacts to the
stream. Silt fence will be installed during construction to limit erosion. A floating turbidity curtain will be used to deter silt suspension and movement of silt
particles during construction.
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:
No compensatory mitigation will be required for the proposed project. Permanent impacts are limited to open water and approx. 901-F of stream.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The Cape Fear River does not contain NC Riparian Buffer Protection 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
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
Yes No
Comments:*
USDA Environmental Report currently under review.
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 proposed project would involve work necessary to repair existing dams to "pre -Hurricane Florence' conditions. No additional development
anticipated as a result of the proposed project.
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.
Raleigh
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
51. 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?
hftps:Hecos.fws.gov/ipac/
hftps://www.nenhp.org/
A survey of potential impacts to five Federally listed threatened and endangered species that
may occur within the proposed project limits was conducted by McGill Associates, P.A. on July
30-31, 2019. Official Section 7 consultation was completed with USFWS, see attached concurrence letter (USFWS Response-20191118).
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?
hftps://www.habitat.noaa.gov/application/efhmapper/index.html
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?*
https://nc. maps.arcgis.com/home/item.html?id=79ea671 ebdcc45639f0860257d5f5ed7
Section 106 consultation was initiated and comments received from NCSHPO October 28, 2019.
See attached response letter (NCSHPO - Response Letter - ER 19-2947).
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:
Due to proposed work in the floodplain and floodway, the base flood elevations will be changed from prior conditions. A Conditional Letter of Map
Revision (CLOMR) has been prepared for the Local Floodplain Administrators of the City of Boiling Spring Lakes and Brunswick County as well as
NCFMP. A Letter of Map Revision will also be required within 6 months of completion of construction which generally requires 4 to 6 months for review.
A Floodplain Development Permit from the City of Boiling Spring Lakes is required following approval of the CLOMR.
8c. What source(s) did you use to make the floodplain determination?*
hftps://fris.nc.gov/fris/Home.aspx
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
NCDWR 401 - 20201735 Ver 1_Approval Letter_20210423.pdf
787.85KB
SAW-2021-00216 NWP 3.pdf
5.69MB
21-04-1636R_104_City.pdf
352.05KB
21-04-1636R_104_County.pdf
349.31<13
21-04-1636R_CL_City.pdf
114.6KB
21-04-1636R_CL_County.pdf
114.41KB
Signed Agent Authorization Form.pdf
113.22KB
BSL - Impact Maps 012921.pdf
3AMB
NCSHPO - Response Letter - ER 19-2947.pdf
97.09KB
NCDCM - CAMA Response.pdf
683.22KB
USFWS Response - 20191118.pdf
90.58KB
01 SD-C Sealed.pdf
16.37MB
File must be PDF or KMZ
Comments
DWR # 2020-1735
Action Id. SAW-2021-00216
This PCN submittal is intended to renew the existing permits which will expire on March 18, 2022. See attached permit approvals.
Signature
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:
Jon Swaim
Signature
OZr I511-41 W
Date
3/3/2022
u