20231423 Ver 1_PCN Form - NWP 3, Slick Rock Mtn Dam_20231016

Page 1 of 12
PCN Form – Version 1.3 December 10, 2008 Version
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number:
NWP-3; Repair, rehabilitation, or replacemencurrently serviceable structure or fill or General Permit (GP) number:

1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?

For the record only for DWQ 401
Certification:
Yes No
For the record only for Corps Permit:

Yes 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 No

1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below.
Yes No

1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project: Upstream Slope Repairs at Slick Rock Mountain Dam
2b. County: Transylvania
2c. Nearest municipality / town: Brevard
2d. Subdivision name: Slick Rock
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Slick Rock Mountain Property Owners. Inc.
3b. Deed Book and Page No. 01/1900
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 649-725 Lake Road
3e. City, state, zip: Brevard, NC 28712
3f. Telephone no.: 803-730-6930
3g. Fax no.:
3h. Email address:

Page 2 of 12
PCN Form – Version 1.3 December 10, 2008 Version

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: Terry Allen, PE
5b. Business name
(if applicable): T.E. ALLEN ENGINEERING, PC
5c. Street address: P.O. Box 103
5d. City, state, zip: Rosman, NC 28772
5e. Telephone no.: 828-877-4883
5f. Fax no.:
5g. Email address: [e-mail]

Page 3 of 12
PCN Form – Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 8593-34-3701-000
1b. Site coordinates (in decimal degrees): Latitude: 35.1621 Longitude: - 82.7044
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 6.857 (from Transylvania County GIS) acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Long Branch and Carson Creek
2b. Water Quality Classification of nearest receiving water: B;Tr
2c. River basin: French Broad

Page 4 of 12
PCN Form – Version 1.3 December 10, 2008 Version

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:
Repair upstream slope of earthen embankment by excavating a bench-cut and installing rip rap stone. See attached
Sketches C-2 and C-3.
3b. List the total estimated acreage of all existing wetlands on the property:
none
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
+1000 LF
3d. 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.
3e. Describe the overall project in detail, including 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 b e
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.

Page 5 of 12
PCN Form – Version 1.3 December 10, 2008 Version

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 prior phases) in the past?
Comments:
Yes No Unknown
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 documen tation.

5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.

6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
TROUT BUFFER. All disturbance within the Trout Buffer shall be restored in accordance with the NCDEQ-DLR Trout
Buffer and Riparian Area planting requirements.

Page 6 of 12
PCN Form – Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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.
Wetland impact
number –
Permanent (P) or
Temporary (T)
2b.

Type of impact
2c.

Type of wetland
(if known)
2d.

Forested

2e.
Type of jurisdiction
(Corps - 404, 10
DWQ – non-404, other)
2f.

Area of impact
(acres)
W1 P T Yes
No
Corps
DWQ
W2 P T Yes
No
Corps
DWQ
W3 P T Yes
No
Corps
DWQ
W4 P T Yes
No
Corps
DWQ
W5 P T Yes
No
Corps
DWQ
W6 P T Yes
No
Corps
DWQ
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.
Stream impact
number -
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial
(PER) or
intermittent
(INT)?
3e.
Type of jurisdiction
(Corps - 404, 10
DWQ – non-404,
other)
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P T PER
INT
Corps
DWQ
S2 P T PER
INT
Corps
DWQ
S3 P T PER
INT
Corps
DWQ
S4 P T PER
INT
Corps
DWQ
S5 P T PER
INT
Corps
DWQ
S6 P T PER
INT
Corps
DWQ
3h. Total stream and tributary impacts
3i. Comments:

Page 7 of 12
PCN Form – Version 1.3 December 10, 2008 Version

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 (T)
4b.
Name of waterbody
(if applicable)
4c.

Type of impact
4d.

Waterbody type
4e.

Area of impact (acres)
O1 P T Long Lake Permanent Rip Rap along
Shoreline Lake 0.06 Acres
O2 P T
O3 P T
O4 P T
4f. Total open water impacts 0.06 Acres
4g. Comments: The work shall be performed during periods of "Low Flow".

1.0 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.

2.0 Where the work is performed "IN THE WET" silt curtains shall be used 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.

5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.

Pond ID
number
5b.

Proposed use or purpose
of pond

5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:

Page 8 of 12
PCN Form – Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
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 Other:
Catawba Randleman
6b.
Buffer impact
number –
Permanent (P) or
Temporary (T)
6c.

Reason
for
impact
6d.

Stream name
6e.

Buffer
mitigation
required?
6f.

Zone 1 impact
(square feet)
6g.

Zone 2 impact
(square feet)
B1 P T Yes
No
B2 P T Yes
No
B3 P T Yes
No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.

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.

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 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

Page 9 of 12
PCN Form – Version 1.3 December 10, 2008 Version

3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type 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: warm cool cold
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.

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: Should project exceed 10% or 100' in 1000', a trout buffer waiver will be sought from NCDENR - Div of Land
Resources

Page 10 of 12
PCN Form – Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
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
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
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?
Certified Local Government
DWQ Stormwater Program
DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
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 11 of 12
PCN Form – Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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
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
letter.)
Comments:
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
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
additional development, which could impact nearby downstream water quality? Yes No
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.

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.
N.A.

Page 12 of 12
PCN Form – Version 1.3 December 10, 2008 Version

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
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?

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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?

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:
8c. What source(s) did you use to make the floodplain determination?

Jonathan P. Pearson
for
Slick Rock Mountain Property
Owners, Inc.

Applicant/Agent's Printed Name

_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)

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UPSTREAM SLOPE REPAIRS at
SLICK ROCK MOUNTAIN DAM
Slick Rock Mountain Property Owners, Inc
649-725 Lake Road
Brevard, Transylvania County, NC
State ID # TRANS - 030
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UPSTREAM SLOPE REPAIRS at
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UPSTREAM SLOPE REPAIRS at
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Slick Rock Mountain Property Owners, Inc
649-725 Lake Road
Brevard, Transylvania County, NC
State ID # TRANS - 030
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UPSTREAM SLOPE REPAIRS at
SLICK ROCK MOUNTAIN DAM
Slick Rock Mountain Property Owners, Inc
649-725 Lake Road
Brevard, Transylvania County, NC
State ID # TRANS - 030
e
0
S,
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Willthis projectoccurin or near an area with federally protected species or
� y��
N No
habitat?
5b.
Have you checked with the USFWS concerning Endangered Species Act
El Y es
CR Nfl
impacts?
❑ Raleig h
5c.
If yes, indicate the USFWS Field office you have contacted.
El Asheville
5d .
What d ata sa urces did you use to d etermi ne whether your s ite wo uld i m pact E nd angered S pecles
o r Desig Hated Critical
Habitat?
fi.
Essential Fish Habitat (Corps Requirement)
6a.
Will this project occur in or near an area designated as essential fish habitat?
El Yes
54 No
fib.
What data sources did you use to determine whether your site would impact Essential Fish Habitat
7.
Historic or Prehistoric Cultural Resources (Corps Requirement)
7a.
Will this project occur in or near an area that the state, federal ar tribal
governments have designated as having historic or cultural preservation
C Yes
No
status(e.g., National Historic Trust designs#ion 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?
8. Flood Zane Designation (Corps Requirement)
8a.
Will this project occur in a FEMA-d esEg natea goo-year floodplain?
El Yes
El N o
8b.
If yes, explain how project meets FEMA requirements:
Sc.
What saurce(s) did you use to make the floadp lain de#ermRnation?
Jonathan P. Pearson
for
Slick Rock Mountain Propeity
Owners, Inc.
Applicant/Agent's Signature
Date
(Ag en 's si ature isvalid onfy if an authorization letter from tie appfIca
nt
Applicant/Agent's Painted Name
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

Certificate of Approval
August 23, 2023

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7019 2280 0000 6516 4704

Johnathan P. Pearson
Slick Rock Mountain Property Owners, Inc.
10 West Road
Brevard, North Carolina 28712

RE: Approval to Repair
Slick Rock Mountain Dam
Transylvania County
State Dam ID: TRANS-030

To Whom It May Concern:

This is in response to your latest revised submission dated April 13, 2023 and received on April 13, 2023 of
plans, specifications, and design data for repair of the subject dam in compliance with the Dam Safety Law of
1967. This dam is of intermediate hazard classification. The plans, specifications, and design data submitted
were prepared under the supervision of John F. Garner, PE of Garner Engineering, Inc.

This letter constitutes approval of the proposal to repair the subject dam according to the plans, specifications,
and design data received by this Division on April 13, 2023 with the following stipulations:

1. In accordance with GS 143-215.29, project construction shall be supervised by Terry E. Allen, PE and shall
be responsible for field observation of construction as necessary to ensure compliance with approved plans.

2. During construction, the Division of Energy, Mineral, and Land Resources may require progress reports as
are deemed necessary.

3. In accordance with GS 143-215.30 and 15A NCAC 02K .0203, .0212, .0215, and .0216, within 30 days of
completion of the project, Terry E. Allen, PE shall inspect the completed work and upon finding that the work
has been done as specified, minimum stream flow requirements have been satisfied, and the dam is safe,
shall file with the Division of Energy, Mineral, and Land Resources one set of record drawings and a
certificate stating that the work has been completed in accordance with approved plans, specifications and
other requirements.

4. Prior to issuance of final written consent for use of this dam pursuant to these repairs, the requirements of
Session Law 2014-122, Section 8, as revised by Session Law 2015-7 must be met. Session Law 2015-7
requires all owners of high and intermediate hazard dams to submit an annually updated Emergency Action
Plan (EAP) to the NC Department of Environmental Quality and the NC Department of Public Safety. More
details regarding this requirement may be found online at (https://deq.nc.gov/about/divisions/energy-
mineral-land-resources/energy-mineral-land-permits/dam-safety).

Johnathan P. Pearson Slick Rock Mountain Dam
Approval to Repair TRANS-030
August 23, 2023
Page 2 of 3

5. All trees, brush and woody vegetation must be removed from the slopes and crest of the dam embankments
and the emergency spillway areas. All trees and/or brush less than six inches in diameter at breast height
may be removed either by excavation or cutting flush to the ground. All trees larger than six inches in
diameter at breast height must be completely removed by excavation, including roots, and the resulting
excavations properly backfilled with select fill. All disturbed areas must be immediately revegetated with a
good cover of grass adequate to prevent surface erosion. Excavation and backfilling required for tree
removal will require engineered plans to be submitted to Dam Safety for review and approval before removal
may proceed. FEMA 534 “Technical Manual for Dam Owners, Impacts of Plants on Earthen Dams” should
be used as guidance.

6. It was indicated that the water level would be drawn down to 3004 feet for adequate construction condition.
Please note that no water shall be impounded above the design drawdown water level until final approval
for normal operation of this dam is issued by the Division of Energy, Mineral, and Land Resources. Also,
draining of the lake shall be performed in such a manner as to preclude off-site sedimentation.

7. This approval does not convey the right to access the private property of others. Any required access to
perform the approved work must be secured prior to initiation of construction activities.

8. Provided that the disturbed area is an acre or more, an erosion and sedimentation control plan needs to be
submitted, including a Financial Responsibility and Ownership (FRO) form and applicable permitting fee, to
the Division of Energy, Mineral, and Land Resources Asheville Regional Office at least 30 days prior to
initiating land disturbing activities.

9. Impoundment management (lake drawdown)/water diversion plan, if necessary, for proposed activities
should be provided at least 60 days prior to implementation/construction.

10. You must notify Stanley Aiken, PE, Regional Engineer, Land Quality Section, 2090 US Highway 70,
Swannanoa, North Carolina 28778, telephone number [phone] ten days before the start of
construction.

Water control activities required to complete approved repairs which involve diversion and discharge of reservoir
waters to discharge points not covered by an existing NPDES permit, or which utilize procedures that are not
approved by an existing NPDES permit, must receive approval from the Division of Water Resources prior to
implementation.

The Army Corps of Engineers and the Division of Water Resources of this Department should be contacted to
determine if additional permits are required. Also, the erosion and sediment control program having jurisdiction
should be contacted to determine plan approval requirements. In any case, sediment must be prevented from
entering the waters of the state or flowing onto neighboring property.

Should the subject dam change ownership, a “Change of Ownership of a Dam” form must be completed by the
new owner of the dam at the time of transfer in order to ensure the new owner receives important information
concerning the subject dam, and the former owner be released from liability. The form may be located on the
Dam Safety website at https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/dam-
safety/application-forms. The completed form must be submitted via email to [e-mail] listing the
change of ownership for the subject dam with its applicable state ID in the subject line.

There are additional guidance and resources available on the Dam Safety website at:
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/dam-safety.
Also, to assist dam owners through outreach and education, the Association of State Dam Safety Officials’ Owner
Outreach Committee has developed three educational videos as a free resource for owners on critical basics of
operating and maintaining a dam safely. The videos are 1) dam inspections, 2) spillways and outlet works, and
Johnathan P. Pearson Slick Rock Mountain Dam
Approval to Repair TRANS-030
August 23, 2023
Page 3 of 3

3) operation and maintenance plans. All the videos are available at: https://damsafety.org/dam-owners. These
videos are the first in a series specific to owner education called the ‘Dam Owner Academy.’

The Dam Safety Law of 1967 requires that project construction commence within one year from the date of this
approval, or the approval is void. For assistance, you may Stanley Aiken, PE, Regional Engineer, Land Quality
Section, 2090 US Highway 70, Swannanoa, North Carolina 28778, telephone number [phone] or the
Dam Safety Program in the Raleigh Central Office at telephone number [phone] should you have
questions concerning this matter.

Sincerely,

Josh Colley, PE
State Dam Safety Engineer

JC/jmp/bjh

cc: Stanley Aiken, PE, Land Quality Regional Engineer, ARO
Terry E. Allen, PE, T.E. Allen Engineering, PC

File name: TRANS-030_20230823_COAR_Slick Rock Mountain Dam