HomeMy WebLinkAbout20231423 Ver 1_ePCN Application_20231016DW 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.
Pre -Filing Meeting Date Request was submitted on:
10/25/2023
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
20231423
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Information for Initial Review
1a. Name of project:
Upstream Slope Repairs at Slick Rock Mountain Dam
1a. Who is the Primary Contact?*
Terry Allen
1b. Primary Contact Email: *
tealleneng@comporium.net
Date Submitted
10/16/2023
Nearest Body of Water
Long Branch and Carson Creek
Basin
French Broad
Water Classification
B, Tr
Site Coordinates
Latitude:
35.1621
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Transylvania
Longitude:
-82.7044
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Joey Winston:Joey.Winston
1c. Primary Contact Phone: *
(828)553-3004
$570.00
$767.00
G
Is this a NCDMS Project
Yes No
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: 03 - Maintenance
NWP Numbers (for multiple NWPS):
NWP-3
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
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:
Slick Rock Mountain Property Owners. Inc.
2b. Deed book and page no.:
01 /1900
2c. Contact Person:
Jonathan P. Pearson
2d. Address
Street Address
649-725 Lake Road
Address Line 2
City
Brevard
Postal / Zip Code
28712
2e. Telephone Number:
(828)553-3004
2g. Email Address:"
tealleneng@comporium.net
4. Agent/Consultant (if applicable)
4a. Name:
Terry E. Allen, PE
4b. Business Name:
T.E. ALLEN ENGINEERING, PC
4c.Address
Street Address
P.O. Box 103
Address Line 2
city
Rosman
Postal / Zip Code
28772
4d. Telephone Number:
(828)553-3004
4f. Email Address:"
tealleneng@comporium.net
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Slick Rock Mountain
1c. Nearest municipality / town:
Brevard
2. Project Identification
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number:
2b. Property size:
8593-34-3701-000
6.86
2c. Project Address
Street Address
Slick Rock Lake (Long Lake)
Address Line 2
649-725 Lake Road
City
State / Province / Region
Brevard
NC
Postal / Zip Code
Country
28712
Transylvania
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Long Branch and Carson Creek
3b. Water Resources Classification of nearest receiving water:
B, Tr
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050201
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: "
Repair upstream slope of earthen embankment by excavating a bench -cut and installing rip rap stone. See attached Sketches C-2 and C-3.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
1000 Ft(+)
4h. Explain the purpose of the proposed project:"
This Project is to repair a failed section of the upstream slope of the Slick Rock Mountain Dam by excavating a bench -cut and placing rip rap stone along a 250 FT +/- section of the Dam.
New work to be in accordance with Sheets C1 through C3, and the State Dam Safety Office approved plans by Garner Engineering.
The work will be performed "IN THE DRY" using silt curtains to isolate the work area and control turbidity.
All temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and DESIGN MANUAL. All Trout Buffer
disturbance shall be repaired in accordance with the NCDEQ-DLR Trout Buffer and Riparian Area planting requirements. See attached Sheet C3 for location of work.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
The Lake Level will be lowered as shown on the Garner Plans (at a rate not to exceed 1-Ft per Day) to create a dry work area for performance of the work. Turbidity curtains shall be
installed along the upstream side of the work area to prevent a increase in turbidity in the Lake waters during the construction period. The Contractor shall install all necessary erosion
control and turbidity control measures necessary to incure the turbidity in the Lake or downstream waters does not exceed more than 10 NTUs above background or as otherwise specified
in DWQ's Turbidity Standards (15A NCAC 02B.0211(3.)(k.)). The turbidity level of all discharge shall be monitored with calibrated turbidity meters and the filtration equipment shall be
adjusted as necessary to insure compliance with Water Quality Standards. The water around the work areas shall likewise be monitored with calibrated turbidity meters and the turbidity
curtains shall be adjusted as necessary to insure compliance with Water Quality Standards. Provide additional rows of Turbidity Curtains (upstream side of work area) and Slit Fence
(down stream side) at work area to as required maintian water quality standards.
All temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and DESIGN MANUAL, amd in
accordance with the Plans by Garner Engineering.
No disturbance within existing Vegetated Trout Buffer. Provide Turbidity Curtains around work area to maintian water quality.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No C) Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
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
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Repair Dam
P
Long Lake
Other
_11
Lake
0.06
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.06
4g. Total open water impacts:
0.06
4h. Comments:
Impacts are necessary to repair and existing dam in accordance with NCDEQ-DLR Dam Safety Certificate of approval dated Aug 23, 2023
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The work shall be performed during periods of "LOW FLOW". The Contractor shall monitor the weather forecasts. When severe weather and/or
precipitation is forcasted, the Contractor shall stop work and stabilize and protect the work -in -progress from damage by flood water.
2.0 The work shall be performed during the Lake draw -down as specified on the Garner Plans. Minimum release to down stream waters shall be
maintained at all times during the performance of this work. Turbidity Curtains shall be installed in addition to the Silt Fence specified on the Garner
Plans. Turbidity Curtains to remain in place until work is complete and the turbidity in the work area is less than 10 NTUs above background. All
temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and
DESIGN MANUAL.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To minimize disturbance during construction, the work will be accomplished with the smallest mechanical equipment practicable.
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:
Does not meet minimum threshold for mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project is a Dam Repair.
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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
a
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.
1.0 The work shall be performed during periods of "LOW FLOW". The Contractor shall monitor the weather forecasts. When severe weather and/or
precipitation is forcasted, the Contractor shall stop work and stabilize and protect the work -in -progress from damage by flood water.
2.0 The work shall be performed during the Lake draw -down as specified on the Garner Plans. Minimum release to down stream waters shall be
maintained at all times during the performance of this work. Turbidity Curtains shall be installed in addition to the Silt Fence specified on the Garner
Plans. Turbidity Curtains to remain in place untll work is complete and the turbidity in the work area is less than 10 NTUs above background. All
temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and
DESIGN MANUAL.
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
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?
USACE
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?
USACE and NCDEQ-DLR Dam Safety Inventory list
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?
NCDEQ-DLR Dam Safety Inventory list
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?
FEMA
Miscellaneous
0
u
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
Cert of Approval - Slick Rock Mountain Dam.pdf
810.83KB
PCN Form - NWP 3, Slick Rock Mtn Dam.pdf
344.42KB
PCN Signature Page - Signed.pdf
91.48KB
C1--09-24-2023.pdf
294.81KB
C2 -- 09-24-2023.pdf
129.83KB
C3 -- 09-24-2023.pdf
86.49KB
C4 -- 09-24-2023.pdf
File must be PDF or KMZ
115.15KB
Comments
This is a Dam Repair Project in Transylvania County, NC. The Owner's have been directed by the NCDEQ-DLR to perform the dam repairs described herein. This repairs will involve a
small amount or riprap stone fill placed below the normal pool elevation of the Lake.
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:
Terry E. Allen for Jonathan P. Pearson (see attached signature page)
Signature
I. s
Date
10/16/2023
a