20240940 Ver 1_ePCN Application_20240707

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240940 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
la. Name of project:
SECCA Dam repair
la. Who is the Primary Contact?*
Gerald Pottern
1b. Primary Contact Email: *
[e-mail]
Date Submitted
7M2024
Nearest Body of Water
Silas Creek tributary
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
36.1185
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Forsyth
Is this a NCDMS Project
Yes No
Longitude:
-80.2911
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Rebecca Chandler:rebecca.chandler
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00

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):
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:
State of NC, Dept of Natural & Cultural Resources
2b. Deed book and page no.:
2798/3031
2c. Contact Person:
Erin Lawrence, capital projects coordinator

2d. Address
Street Address
4601 Mail Service Center
Address Line 2
City
Raleigh
Postal / Zip Code
27699-4601
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Gerald Pottern
4b. Business Name:
Mogensen Mitigation Inc
4c.Address
Street Address
104 East Chestnut Ave
Address Line 2
city
Wake Forest
Postal / Zip Code
27587
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:
Winston-Salem
2. Project Identification
2a. Property Identification Number:
6816-94-0924
2c. Project Address
Street Address
750 Marguerite Drive
Address Line 2
city
Winston-Salem
Postal / Zip Code
27106
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Silas Creek tributary
3b. Water Resources Classification of nearest receiving water:
Class C
3c. What river basin(s) is your project located it *
Yadkin-PeeDee
State / Province / Region
NC
Country
us
2f. Fax Number:
State / Province / Region
INC
Country
us
4e. Fax Number:
2b. Property size:
23
State / Province / Region
NC
Country
us

3d. Please provide the 12-digit HUC in which the project is located.
03040101-1306
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:'
The dam behind the Southeastern Center for Contemporary Art (SECCA), referred to herein as SECCA Dam, is a 100-foot long 12-foot high masonry dam structure impounding a 2.0 acre
pond on a tributary of Silas Creek three miles northwest of downtown Winston Salem in Forsyth County, NC. The watershed area above the dam is approximately 200 acres, but only
about 40 acres currently drains into the pond above the dam. Flow from the remaining 160 acres is diverted through concrete box culverts along the pond shorelines; these discharge
through two stone masonry chutes into the stream channel 40 feet downstream of the dam. Two small spillways, one at each end of the dam, discharge flow from the pond into these outlet
chutes. The dam structure, spillways, drain gate, and culvert outlet chutes are old and deteriorating and in need of repair or replacement. The SECCA museum property encompasses 23
acres including the museum building, parking areas, dam, pond, lawn, garden, and forest areas with walking trails. The surrounding properties are single-family residential lots.
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:
None in project area
4g. List the total estimated linear feet of all existing streams on the property:
600 It stream + 2.0 acre pond
4h. Explain the purpose of the proposed project:
The dam structure, spillways, drain gate, culvert outlets, and walkways are old and deteriorating and in need of repair or replacement. Large trees and Asian bamboo have encroached into
the dam area and further threaten the dam's stability. The project will remove the trees and bamboo, repair and stabilize the dam, rebuild the spillways and outlet chutes to meet expected
storm flows, and improve the safety of the walkways across the dam crest and below the dam.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
The proposed project includes the following tasks: 1) Install temporary erosion and sediment control features as shown on the design drawings. 2) Construct the temporary access road
and staging areas from the parking lot on the west side of the property southward to the dam. 3) Drain the lake and install temporary flow diversion measures as shown on the design
drawings. 4) Clear and grub the 0.25 acre work area downstream of the dam and the abutment areas. 5) Repair spalls in the existing concrete masonry dam. 6) Excavate sediment in the
lake bed near the low-level drain inlet. 7) Remove the old low-level drain and install a new drain valve and pipe extending approximately 8 ft farther downstream to accommodate the new
dam buttress. 8) Construct a reinforced concrete buttress on the downstream face of the dam. 9) Construct a new concrete principal spillway on the right (north) abutment discharging into
the box culvert. 8) Construct a new auxiliary spillway near the middle of the dam, above the drain gate. 9) Remove the old spillway at the left (south) abutment. 10) Demolish and rebuild
the two diversion channel outlets. 11) Install riprap erosion protection downstream of the new auxiliary spillway. 12) repair the dam crest walkway and install hand rails.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
stream delineated in Nov 2022; no wetland in project area.
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): Gerald Pottern
Agency/Consultant Company: Mogenesen Mitigation Inc.
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?
No
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
3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact" 3d. S. name" 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact
(?) Jurisdiction* length*

�]Clear+grade for dam tlmporary Excavation Silas Cr trib Perennial Both ��J38
(linear feet)
�_]
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 38
3i. Total stream and ditch impacts:
38
3j. Comments:
Clear and grub vegetation in and adjacent to the stream channel, then rebuild the two outlet channels ending in the stream. The dam buttress extension
and proposed riprap below the auxilliary spillway will not extend into the existing stream. The stream bed elevation will be restored to existing contours.
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
01
excavate sediment
T
SECCA Lake
Excavation
_11
Pond
0.01
02
riprap stabilization
P
SECCA Lake
Fill
Pond
0.01
4g. Total temporary open water Impacts:
0.01
4g. Total open water impacts:
0.02
4g. Total permanent open water impacts:
0.01
4h. Comments:
Sediment excavation area on lake bed near low-level drain inlet = 200 sq ft. Riprap stabilization on lake bed near the principal spillway outlet = 120 sq ft.
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:
The repairs and replacement structures will occupy the existing footprint to the extent practicable. The concrete buttress and riprap below the dam will
not extend into the stream. Staging areas and access roads avoid streams, wetlands, and forest habitats.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The lake will be drained and flow diverted around the construction area to minimize downstream turbidity and sediment.
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:
Stream impact (38 lin feet) is temporary. Lake impact (320 sq ft) does not require mitigation. The project design meets the conditions of NWP-3.
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:
Silas Creek and Muddy Creek watershed are not covered by 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:
The proposed concrete buttress below the dam will add 1,050 sq ft of impervious area, but most of this is on bedrock with little or no soil and is already impervious. The total property area
is 22 acres of which about 4 acres is impervious developed land.
G. Supplementary Information
0
V
O
O

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
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes _ No
Comments:*
SECCA is a state-owned facility. The project does not meet SEPA threshold criteria.
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.
Repair of an existing dam will not encourage additional new development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The FWS-IPaC report lists six species (protected, proposed, or candidate) that might occur in or near the project vicinity. Potential impacts to five of
these species are evaluated in the attached Biological Assessment Report. The Northern long-eared bat and Tricolored bat might occur seasonally in the
project area but the few trees to be removed do not appear to be suitable roosting trees; the project may affect but is not likely to adversely affect these
bats. There is no suitable habitat for the Bald eagle, Bog turtle, or Schweinitz's sunflower; these three species will not be affected. The Monarch butterfly
is a candidate species and does not require evaluation.
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? *
The NOAA National Marine Fisheries Service Essential Fish Habitat Mapping Tool indicates no EFH in the project vicinity
(http://www. habitat. noaa.gov/protection/efh/efhm appe r/index. htm I ).

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? *
State Historic Preservation Office (SHPO) search tool: HPOWeb 2.0. There are three historic structures near the project site. Potential impacts are
discussed in the cover letter. No archaeological study was conducted for this project.
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?*
NC Flood Risk Information System (FRIS) Panel # 3710681600J: https://fris.nc.gov/fris/Home.aspx?ST=NC. The nearest flood hazard zone AE begins
more than 600 feet west (downstream) of the dam, at approximately 829 feet elevation, which is 20 feet lower that the stream bed elevation below the
dam (850 feet).
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
PCN Support Files Binder SECCA-1.pdf
File must be PDF or KMZ
Comments
The attached PDF file includes:
PJD-PCN Cover Letter
Agent Authorization Form
JD Request Form + PJD App-2
ACE Wetland Determination Data Form, Upland-1
Figure 1. Project Vicinity Map: SECCA Lake dam repair, Winston-Salem, Forsyth County NC.
Figure 2. Parcel Map: Southeastern Center for Contemporary Art, from NC One Map.
Figure 3. USDA Soil Mapping in the vicinity of SECCA Lake, Forsyth County, from NC One Map.
Figure 4. National Wetlands Inventory Map in the vicinity of SECCA Lake, from NC One Map.
Figure 5. Google Earth aerial photo of SECCA dam project area.
Figure 6. Stream and drainage features facing upstream (east) from below the spillway outlets.
Figure 7. Potential Jurisdictional Waters in the southern portion of the JD Review Area.
Figure 8. Proposed impacts to potential Jurisdictional Waters in the SECCA Dam repair project area.
Figure 9. FEMA Flood Risk Information System (FRIS) Panel # 3710681600J.
Figure 10. NC historic structures from NC Historic Preservation Office, HPOWeb 2.0
Endangered Species Biological Assessment Report
FWS IPaC Letter - List of Federal Endangered & Threatened Species
Signature
By checking the box and signing below, I certify that:
6.15MB
• 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:
Gerald Pottern
Signature
AA 0rau-'alb—fl-
Date
7/7/2024
111