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HomeMy WebLinkAbout19961121 Ver 1_Complete File_19970115DEPARTMENT OF THE ARMY • WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BO 1890 LsJ a V WILMINGTON, NORTH CAROLINA 28402-1890 t D IN REPLY REFER TO August 21, 1998 AUG 3 1 M8 Regulatory Division Action ID No. 199702095 Dr. William Griffin Lake Tahoma, Incorporated Post Office Box 1330 Marion, North Carolina 28753 Dear Dr. Griffin: Reference the Department of the Army permit issued on June 13, 1997 and your written request of April 3, 1998 and June 17, 1998, for permit modification to excavate accumulated sediment from Lake Tahoma (Big Buck Creek) upstream and downstream of the NC 80 bridge, north of Marion, in McDowell County, North Carolina. The original permit authorized excavation of approximately 30,000 cubic yards of sediment from approximately 1.1 acres of open water. You have now determined that 70,000 cubic yards of sediment will need to be removed. The dredge area will remain unchanged at 1.1 acres. The permit is hereby modified to include the work as shown on the enclosed plan. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. Sincerely, Terry R. Youngbluth Colonel, U.S. Army District Engineer Enclosure f Copies Furnished: Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611 Mr. Peter M. Huff Duke Engineering and Services Post Office Box 1004 Charlotte, North Carolina 28201-1004 Tahoo mp age LEGEND + SILT FENCE ® WETI.AIDS MAINTENANCE ROADS EL 100.0E I ? a? WtD? 1 I I 4 yo:- - ss ROtA 1 ? s<p: iPCGF' 1 \ %. 4o,ooo GYns OF SEDIMENT \ \ TO BE REMOVED FROM THIS AREA. \ r '? D 1 \\ Z" g% s- do, 29.009 CU. YOS. OF SEDIMENT \'+• ?,,Op I'v TO BE REMOVED FROM THIS AREA. QQ6z EXISTINr ? a EDGE OF BIG BUCK IVA CREEK A - \ CREEK AND EDGE of SEDIMENT REMOVAL. ?\ .' '4n A??s?? S \ \Y 4- TEMP. STOCK >1 \ rep. •P a ; FILE .-W BRIDGE \ \ V Am •.. ? Y r OUTLET (SEE GENERAL b NOTE 21 E%ISTINO 4•? ROOK FACE ?HJ Ae? M/ PLAN N.T.S. ?OE?S Md!!)n0 AJ.R IBM OYMffA Kt i0f•NUt AM. Awbft J6 d'. BIG BUCK CREEK SEDIMENT BASIN LAKE TAHOMA, BIG BUCK CREEK MoDOWELL COUNTY, NC LAKE TAHOMA. INC. SHEET 2 OF DATE 10-S1-SO DE&S Duke Engineering & Services 400 South Tryon Street P.O. Box 1004 Charlotte, NC 28201-1004 704 382-9800 Fax 704 382-8389 June 17, 1998 p 07 Mr. John Dorney NCDENR - Water Quality Lab ?._. " 2 3 p, 4401 Reedy Creek Road Raleigh, North Carolina 27607 e Subject: Lake Tahoma Big Buck Creek USACOE Permit # 199702095 DE&S File: I448-00-1600.00 Dear Mr. Dorney: Per our telephone conversation of June 16, 1998, and discussions with Mr. Steve Chapin of the U.S. Army Corps of Engineers (USACOE), I am sending this letter on behalf of our client, Lake Tahoma, Inc., to provide further information on a request we have made to increase the amount of sediment to be removed under USACOE Permit # 199702095. We propose to increase the amount of sediment to be removed downstream of the Highway 80 bridge at Big Buck Creek to a total of 40,000 cyds. Please refer to the attached sketch Sheet 2 of 3. Note that the location of sediment removal downstream of the Highway 80 bridge remains unchanged from the original 404 Permit approved by the USACOE. Our request is to increase the permitted volume of sediment to be removed only. The disposal site for the additional sediment will be the same site as originally planned for this project as described in detail in the original permit application filed with the USACOE and for which a sediment and erosion control plan has been filed with the North Carolina Department of Environment and Natural Resources. The site is approximately one half mile from the sediment removal site and is located on an approximately five acre tract. Please let us know if we may proceed with the additional sediment removal as requested. If you have any questions concerning this request or the planned work to be performed, please contact me at (704) 382-2864. Very truly yours, ?? (\?-? 4, Peter M. Huff Hydro Project Engineer Attachment cc` Mr. Louis Good Dr. William Griffin Mr. Hill Evans Project File DE&S Record Center ti LEGEND -?- SILT FENCE ® WETLANDS CONSTRUCTION/ Q MAINTENANCE RCAOS EL 100.00 0 Mini t \ r i 4 ap0?' ? 6'"'?6.i55 P 1 ? SS P, ? pGG? - fft f 29.000 CU. YOS. OF SEDIMENT 1\," TO BE REMOVED FROM THIS AREA. EXISTING EDGE OF BIG BUCK y1i CRREO RAND EDGE OF SEDIMENT fo 700 ^?? \ % i WEILAlroS> WETLANDS ?? -j - ??- v ,4o,uoo UCDS OF SEDIMENT TO BE REMOvEG FROM THIS AREA, 1./ 05%QOQA / 1P acv ?2 . .OS0 BRIDGE T ;yN/ A ?y +r' .Q N/ S' TEMP. PLAN N.T.S. ;ww'L ? Oq /OIiQR?110?? ?1g1[?Y. IIC. TO Of1O? 1?111Wf M /Rw .?...w l3a =AC Ahlr drfam* f ArrAw C 1IfRC lATi 810 BUCK CREEK SEOIMENT BASIN LAKE TAHOMA, BIG BUCK CREEK McOOWELL COUNTY, NC LAKE TAHOMA. INC. PATE State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Lake Tahoma, Inc. c/o Ms. Jeanette Jame P.O. Box 1330 Marion, NC 28753 Dear Ms. James, LT.KAA E) F= F=1 January 15, 1997 Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed lake dredging WQC Project #961121, COE #199702095 McDowell County Attached hereto is a copy of Certification No. 3097 issued to Lake Tahoma, Inc. dated 15 January 1997. If we can be of further assistance, do not hesitate to contact us. Attachments Si cerely, l!'r eston o ard, Jr. E. 961121.wgc cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Dori * Mr. John Parker, Division of Coastal Management Central Files John Parker; DCM Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Teleohone 919-733-1786 FAX # 733-9959 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 211, Section .0500 to Lake Tahoma, Inc. in McDowell County pursuant to an application filed on the 5th day of December of 1996 to construct a sediment control structure and basin in Lake Tahoma and excavate accumulated sediment from the lake. The application provides adequate assurance that the discharge of fill material into waters in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92- 500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application, as described in the Public Notice or as modified below. If you change your project, you must notify us and you may be required to submit a revised application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters). 2. Live (fresh) concrete shall not be placed in contact with the waters of Lake Tahoma. 3. Appropriate sediment and erosion control measures as approved by DLR shall be in place and maintained. 4. Material removed from the lake shall be stabilized to prevent reentry into the lake. Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or,coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 15th day of January, 1997 DIVISION OF WATER QUALITY i4ston How d, J WQC #3097 State of North Carolina Department of Environment, Health and Natural Resources ` Al"AA 0 Division of Coastal Management James B. Hunt, Jr., Governor ? E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director December 12, 1996 MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Water Quality FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199702095 dated December 5, 1996 describing a proposed project by Lake Tahoma, Inc. is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/3/97. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. 4R, 1W+ 00'r- REPLY This office sW15'orts the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date l lI 3 if$ P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 iVf- C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post-consumer paper -010911997 08:51 7042516452 PAGE 02 EM©RANDUM PRINT NAMES: Reviewer: Ou, 0. J074N DORNEY WQ SUPV. -.116w 0-- N51? ENVIRONMENTAL SCIENCES BRANCH DATE : UBJECT: WETLAND STAFF REPORT AND RECOMI E RATIONS ***EACH ITEM MUST RE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 96 PERMIT NO: 0001121 COUNTY: 14CDOWELL APPLICANT NAME: LAKE TAHOMA, INC. PROJECT TYPE: LAKE DREDGING F MIT TYPE; IP UOE #: 199702095 DOT j: p,ciD ?'ROM CDA : APP DATE_FRM CAA : 12111/96 REG_off i CE : pAv ,1VER AND SUB BASIN #e 030830 STR INDEX NO: 11-19-(1) STRE,.AM CLASS : WSIIB = 77?- WL_ZMPACT?ON WL REQUESTED : O - WL SCORE M : MITIGATION?: MITIGATION-SIZE ; WL_TYPE WL ACR EST?:ON WATER IMPACTED BY FILL7:01N MITIGATION TYPE: DID YOU REQUEST' MORE INFO? : I]J I5 WETLAND RATING SHEET ATTACHED?11/N HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?. Y/N RECOMMENDATION (Circle One): ISSUE SSUE/COND ENY COMMENTS : aoho g 4?l ?tJ C.lsr?/t/wre_ ,I w C+e..S ri' N ip _,L ?1! exMn. fRtL? Salt ?-?e.. ?'+??..?, ,rya- GW D ? ]ke.M o 1 Cc: Regional office Central files 01/09/1997 08:51 7042516452 PAGE 01 Na Wetland type (select one)* I Bottomiand hardwood forest [[? Headwater forest ? Swamp forest ? Wet flat ? PQcosin ? gag forest to U Pine savanna 0 Freshwater marsh ? Bog/fen ? Ephemeral wetland 0 Carolina Bay ? Others *The rating system cannot be applied to salt or brackish marshes or stream channels weight ' ! Water storage - x 4.00 Wetland SCOre J ' Bank/Shorefne stabilization " x. 4.00 = x i S ? ` T Pollutant removal x 5.00 - ' : Wildlife habitat x 2.00 = Aquatic life value x 4.00 s Recreation/Education x 1.00 = j * Add 1 point if in sensitive watershed and > 10% nvnpoint disturbance within 1 /2 mile upstream, upslope, or radius ; / I//+!r///rrr//rrr/rr//rJl/JJ!!//lfffJJ/J!J//!f/J!!//JJ!//JJJIJ!!!/fJf!lJJIJ'/lJJ/J!///!J//J////J/Jf/!///lfffJ!!J/!///IIIJIJlJflf!//J!!!///// / Project narrfe_?? Nearest road w I'- O _ County Wetland a4ea . - - acres Wetland width eet n x, . ?? ?? , 91996 ???? ???ry« 004 ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Parker, 404 Coordinator Division of Coastal Manaaemeant. FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program - - DATE: December 16, 1996 SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199702095, Application submitted by Lake Tahoma, Inc., to construct a sediment basin in Buck Creek and excavate sediment from Lake Tahoma, McDowell County. The North Carolina Wildlife Resources Commission has reviewed the information provided by the U.S. Army Corps of Engineers, and I conducted a site visit on 13 August 1996. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.). The applicant proposes to construct a sediment retention structure in Buck Creek (also known as Big Buck Creek). In addition, the applicant proposes to remove 29,000 cubic yards of accumulated sediment upstream of the structure and the NC 80 bridge and 1,000 cubic yards of sediment within Lake Tahoma at the mouth of Buck Creek downstream of the NC 80 bridge. The retention structure will consist of steel sheet piling with an outlet weir. Construction access will be required along the east side of Buck Creek to allow for installation of the sheet piles and for removal of sediment. Four 20-foot wide gravel access roads will be constructed, which will impact 23,500 square feet of wetlands. After the reservoir level is lowered, sediment will be removed using a dragline. All sediment will be placed at a permanent upland storage site. Sedimentation control measures at that site will include a sediment basin, dikes, silt fencing, and a buffer zone. The purpose of the project is to prevent sediment originating in the Buck Creek watershed from reaching and accumulating in Lake Tahoma. Maintenance of the retention structure will be required periodically, possibly every two years. Buck Creek supports trout, although it is not Designated Public Mountain Trout Water. The section of the stream that will be dredged consists of the backwaters of Lake Tahoma. '199702095 Page 2 December 16, 1996 1Aquatic habitat is poor here because of the accumulated sediment. This project will not impact any part of the stream channel not under the influence of the lake. In addition, we are pleased that the applicant has minimized the amount of fill necessary in the wetlands adjacent to Buck Creek since the time of my site visit. We have no objection to the issuance of this permit, provided the following conditions are met: 1) Dredged material should not be temporarily stockpiled in wetland areas. 2) Temporary or permanent herbaceous vegetation should be planted on any bare soil within 15 days of ground disturbing activities to provide long-term erosion control. 3) The applicant should contact the North Carolina Division of Land Resources, Land Quality Section, to determine if an erosion and sedimentation control plan for the disposal site must be submitted to that office. Contact is Mr. Richard Phillips (704/251- 6208). Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Mr. Steve Chapin, COE USFWS, Asheville Mr. John Dorney, DWQ State of North Carolina Department of Environment, Health and Natural Resources ` • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary pEH N Roger N. Schecter, Director December 12, 1996 MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Water Quality FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199702095 dated December 5, 1996 describing a proposed project by Lake Tahoma, Inc. is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 1/3/97. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687, W- FAX 919-733-1495 Raleigh, North Carolina 27611-7687 C An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/ 10% post-consumer paper s' DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199702095 December 5, 1996 PUBLIC NOTICE LAKE TAHOMA, INCORPORATED, C/0 MRS. JEANNETTE JAMES, POST OFFICE BOX 1330, MARION, NORTH CAROLINA 28753 has applied for a Department of the Army (DA) permit TO CONSTRUCT A SEDIMENT CONTROL STRUCTURE AND BASIN IN THE BACKWATERS OF LAKE TAHOMA (BIG BUCK CREEK) AND EXCAVATE ACCUMULATED SEDIMENT FROM THE LAKE. THE LAKE IS LOCATED NORTH OF MARION, OFF OF NC 80, IN MCDOWELL COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show that the applicant proposes to construct a sediment retention structure and remove accumulated sediment upstream of the structure within Big Buck Creek above the NC 80 bridge. The project will also include the removal of sediment from within Lake Tahoma at the mouth of Big Buck Creek below the NC 80 bridge where sediment is exposed above the full pond level. The retention structure will consist of steel sheet piling with an outlet weir. Materials to be used are (1) steel sheet piles (approximately 25 feet in depth and 100 feet long across the creek and (2) riprap fill of approximately 250 cubic yards for construction of the weir. Estimated sediment volume that will be removed from Big Buck Creek above the bridge is approximately 29,000 cubic yards. Construction access will be required along the eastern side of Big Buck Creek to allow for installation of the sheet piles and for removal of sediment. A series of four separate twenty foot wide construction access roads off of NC 80 will be provided at strategic locations along the creek to minimize impacts to wetlands. The roads will be constructed from approximately 475 cubic yards of #57 DOT washed stone and will have a 6 inch base. The total wetland area to be filled for construction of access roads will be 23,500 square feet. To remove the sediment from the creek and the lake "in the dry" as much as possible, the reservoir level will be lowered before work begins. The sediment will then be removed through the use of a dragline. The excavated material will be temporarily stored adjacent to the construction area until being moved to a permanent storage site. Maintenance of the basin will be required periodically (possibly every 2 years). In addition, as mentioned above, approximately 1,000 cubic yards of sediment below (downstream) the NC 80 bridge will also be excavated and removed. This material is currently showing above full pond level. This material will be temporarily stockpiled on an upland site between NC 80 and the lake. It will then hauled off to the same permanent storage site. As mentioned above, all excavated material from both above and below the NC 80 bridge will be deposited at a permanent 6 acre site approximately 1/2 mile away from the project site. At this site, dikes will be used to direct any runoff through an existing sediment trap located at the lower end of the site. -2- Silt fences and a buffer zone will be used between the dikes and any undisturbed area at the disposal site. Work to establish the sediment basin and remove sediment from Big Buck Creek and Lake Tahoma is expected to begin in 1997 and be completed during the calendar year of 1997. The purpose for the proposed project is to prevent sediment which originates in the Buck Creek watershed from reaching and accumulating in the waters of Lake Tahoma as much as possible. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (NCDEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. Approval of this permit will give Federal authorization for maintenance dredging for a period of time not to exceed 10 years from the date of permit issuance. The permittee will be required to present plans to the District Engineer a minimum of 2 weeks prior to commencement of such maintenance work. All maintenance would be performed in accordance with Federal, State, and local permits and regulations governing such activities at the time the maintenance is undertaken. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the -3- proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Environmental Management (NCDEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management (NCDEM), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management (NCDEM) plans to take final action in the issuance of the Clean Water Act certification on or after December 27, 1996. ?r -4- All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management (NCDEM), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 27, 1996, Attention: Mr. John Dorney. L Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steve Chapin, until 4:15 p.m., January 3, 1997, or telephone (704) 271-4014. % I r- r .7 LEGEND •?- SILT FENCE ® WETLANDS CONSTRUCTION/ Q MAINTENANCE ROADS EL 100.00 Zo, Wto? as, ?\ StP?S?P?E55 PO i \ 1.000 CU. YOS. OF SEDIMENT TO BE REMOVED FROM THIS AREA. ? Q+E Q? OP lI' ? ? \ 1 St/ o o/ 29.000 CU. YDS. OF SEDIMENT TO BE REMOVED FROM THIS AREA. ' k, `j f° ' EXISTING EDGE OF BIG BUCK \ ¢_ y4 CREEK AND EDGE OF SEDIMENT '(p REMOVAL. ^ ?> I? ?0 J? S? elf- 4: \ s ?~ TEMP. STOCK ?\ \ 'lp a •:' . PILE kq< \ R9 \? Y.'80 BRIDGE J ^ \ LAND>, IP RIP MWY.'S0 `WETLANDS \ ?\ 1- ???// PROPOSE ??. SHEET PILING OUTLET rr NO TE GENERAL EXISTING ROCK FACE M. N/ ra?s?OOw L or Sc ?m a m a rw 10 mSa ni?wMOr n raa haTm PLAN en. t N.T.S. Ad. bjburlq IAi S Jk 1. Q ANC/ 4Ln6lk A. x ' G aw/A?l I &w. BIG BUCK CREEK SEDIMENT BASIN LAKE TAHOMA, BIG BUCK CREEK MoDOWELL COUNTY, NC LAKE TAHOMA, INC. SHEET -9- OF-a- DATE 10-31-96 ~ 4- EXISTING L t GROUND C (SEE OCHER NOTE 31 F /? PROPOSED SHEET / PILING sf PLAN SHEET PILING OUTLET N. T. 6. EXISTING ROCK FACE EXISTING ROCK FACE RIP RAP-, EXISTING GROUND EL 165.60 1 2 \ M r EL sense SECTION 1-1 TYPICAL EMBANKMENT MT. & ?,l I I Ir? ? < + 1 1 1 1 1 1 1-SHEET if i t I I I I I I I PILING 1 1 1 1 1 1 I I I I 2 1 L 8 8.8 0 ! I I) I i l l l l i l i l I I I I P O L Y E S T E R NON-WOVEN 1 1 I l l l l l l l l l l l l l l l i j l l t i l l FILTER ABRIC SECTION 2-2 IIII N.T.B. k. 0 FILTER FABRIC z 0 3-1 TY P.) 3(0A• f POX.) `---? FENCE 4,-0• 2'0 (MIN.) METAL 3- OR W000 POST PLAN OF SILT FENCE SCALES NONE NOTESI 1. SILT FENCE FABRIC SHALL BE. LAID IN THE TRENCH AMU AGAINST THE FENCE. THE FABRIC SHALL BE ATTACHED TO THE FENCE AT 11-6• INTERVALS. HORIZONTALLY AND VERTICALLY. THE FABRIC SHALL BE ANCHORED IN THE TRENCH BE BACKFILLING THE TRENCH WITH THE ORIGINAL MATERIAL OR SANDBAGS. 2. ADDITIONAL SILT FENCE LOCATIONS MAY BE REQUIRED BY THE ENGINEER. NOTE 1 GENERAL NOTESs 1. WITHOUT APPROPRIATE SOIL BORINGS, INADEQUATE INFORMATION EXISTS TO DETERMINE ACTUAL OEPTH TO WHICH SHEET PILES CAN BE INSTALLED. THE EXISTING ROCK ON THE SOUTH EASTERN SIDE OF BIG BUCK CREEK MAY PREVENT SHEET PILES FROM BEING INSTALLED. 2. DESIGN. DEPTH OF INSTALLATION. AND STABILITY OF SHEET PILES TO BE RESPONSIBILITY OF CONTRACTOR. 3. IF SHEET PILES CANNOT BE DRIVEN FLUSH WITH FACE OF EXISTING ROCK, THE RESULTING CAP SHALL BE FILLED WITH AN APPROPRIATELY SIZED RIP RAP PLACED AT A 2HvIV SLOPE ON EACH SIDE OF THE SHEET PILE. 4. BOUNDARY OF LAKE AND CREEK ARE APPROXIMATE AND NOT FROM A CURRENT LAND SURVEY. VOLUMES AND DISTANCE ARE APPROXIMATE. 5. ELEVATION 106 - FULL POND. 6. WETLANDS WERE DELINEATED ON AUGUST 13. 1986 AND SEPTEMBER 16, 1996 LOCATED RELATIVE TO THE HWY. •60 BRIDGE USING GLOBAL POSITIONING SYSTEM COPS) EQUIPMENT. 7. SEDIMENT MANAGEMENT AND MAINTENANCE ACTIVITIES FOR SEDIMENT BASIN SHALL BE OUTLINED IN PERMIT APPLICATION. EROSION CONTROL NOTES, 1. ENTRANCES TO SITE CONSTRUCTION/MAINTENANCE ROADS SHALL HAVE A S• DEEP X 56' LONG COARSE AGGREGATE PAD WITH 2 TO 3 INCH WASHED STONE. REMAINDER OF CONSTRUCTION/MAINTENANCE ROAD SHALL HAVE A 6• BASE OF 057 DOT WASHED STONE. 2. SILT FENCE SMALL BE INSTALLED ADJACENT TO CONSTRUCTION/MAINTENANCE ROADS AND BELOW ALL TEMPORARY STOCKPILES AS SHOWN. REFERENCE DRAWINGSt LAKE TAHOMA STATION-PLAN (DATED 9/301661 2.0 ( MIN.) METAL FILTER FABRIC OR WOOD POST MIRE FENCE TRENCH AND BACKFILL ITH RUH OFF OA SANDBAGS ORIGINAL MATERIAL TER FABRIC SECTION 3-3 SCALE--=NONE tarts. cow00u O1Txor a?"'P ' rg"l nN°ixa"°rt Wm'o fA?rnN rwcwta a 'Wha'r w Off. S . "afi"scra, Chrhlk AI G JtlOI_fiw LAKE TAHOMA, BIG BUCK CREEK McDOWELL COUNTY, NC LAKE TAHOMA, INC. SHEET 3 OF 3 1 DATE DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 5, 1996 Regulatory Branch Action ID No. 199702095 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Dear Mr. Dorney: Enclosed is the application of Lake Tahoma, Incorporated for Department of the Army authorization and a State Water Quality Certification to construct a sediment retention structure to serve Lake Tahoma which is located north of Marion, in McDowell County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 31, 1997, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Steve Chapin in our Asheville Regulatory Field Office at (704) 271-4014. Sincerely, r-OA D Robert W. Johnson Office Manager Asheville Regulatory Field Office y9},?k Enclosure (Individual Permit Application) -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 l DEPARTMENT OF THE ARMY Wilmington District, Corps of Engine $? 12 Post Office Box 1890 ?+ CS V Wilmington, .North Carolina 28402-1 j Action ID No. 199702095 Def.. -1996 a'r PUBLIC NOTICE LAKE TAHOMA, INCORPORATED, C/0 MRS. JEANNETTE JAMES, POST OFFICE BOX 1330, MARION, NORTH CAROLINA 28753 has applied for a Department of the Army (DA) permit TO CONSTRUCT A SEDIMENT CONTROL STRUCTURE AND BASIN IN THE BACKWATERS OF LAKE TAHOMA (BIG BUCK CREEK) AND EXCAVATE ACCUMULATED SEDIMENT FROM THE LAKE. THE LAKE IS LOCATED NORTH OF MARION, OFF OF NC 80, IN MCDOWELL COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show that the applicant proposes to construct a sediment retention structure and remove accumulated sediment upstream of the structure within Big Buck Creek above the NC 80 bridge. The project will also include the removal of sediment from within Lake Tahoma at the mouth of Big Buck Creek below the NC 80 bridge where sediment is exposed above the full pond level. The retention structure will consist of steel sheet piling with an outlet weir. Materials to be used are (1) steel sheet piles (approximately 25 feet in depth and 100 feet long across the creek and (2) riprap fill of approximately 250 cubic yards for construction of the weir. Estimated sediment volume that will be removed from Big Buck Creek above the bridge is approximately 29,000 cubic yards. Construction access will be required along the eastern side of Big Buck Creek to allow for installation of the sheet piles and for removal of sediment. A series of four separate twenty foot wide construction access roads off of NC 80 will be provided at strategic locations along the creek to minimize impacts to wetlands. The roads will be constructed from approximately 475 cubic yards of #57 DOT washed stone and will have a 6 inch base. The total wetland area to be filled for construction of access roads will be 23,500 square feet. To remove the sediment from the creek and the lake "in the dry" as much as possible, the reservoir level will be lowered before work begins. The sediment will then be removed through the use of a dragline. The excavated material will be temporarily stored adjacent to the construction area until being moved to a permanent storage site. Maintenance of the basin will be required periodically (possibly every 2 years). In addition, as mentioned above, approximately 1,000 cubic yards of sediment below (downstream) the NC 80 bridge will also be excavated and removed. This material is currently showing above full pond level. This material will be temporarily stockpiled on an upland site between NC 80 and the lake. It will then hauled off to the same permanent storage site. As mentioned above, all excavated material from both above and below the NC 80 bridge will be deposited at a permanent 6 acre site approximately 1/2 mile away from the project site. At this site, dikes will be used to direct any runoff through an existing sediment trap located at the lower end of the site. -2- Silt fences.and a buffer zone will be used between the dikes and any undisturbed area at the disposal site. Work to establish the sediment basin and remove sediment from Big Buck Creek and Lake Tahoma is expected to begin in 1997 and be completed during the calendar year of 1997. The purpose for the proposed project is to prevent sediment which originates in the Buck Creek watershed from reaching and accumulating in the waters of Lake Tahoma as much as possible. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (NCDEM) has determined the applicability of a Water Quality Certificate as required by PL 92-500. Approval of this permit will give Federal authorization for maintenance dredging for a period of time not to exceed 10 years from the date of permit issuance. The permittee will be required to present plans to the District Engineer a minimum of 2 weeks prior to commencement of such maintenance work. All maintenance would be performed in accordance with Federal, State, and local permits and regulations governing such activities at the time the maintenance is undertaken. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the -3- proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Environmental Management (NCDEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management (NCDEM), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management (NCDEM) plans to take final action in the issuance of the Clean Water Act certification on or after December 27, 1996. -4- All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management (NCDEM), Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 27, 1996, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steve Chapin, until 4:15 p.m., January 3, 1997, or telephone (704) 271-4014. ?t m '?y YF Rlo? AREA OF REPAIR (SEE SHEET 2) 35• -44-80'N SID BUCK CREEK LAKE TAHOMA ARCH 88 DAM LOCATION OF PERMANENT SEDIMENT DISPOSAL SITE 1o dN ?m VICINITY MAP N.T.S. Bona. ra• aon?vrr n rvucrwn wn rasrooittt To on oocNac?a mrtw :we. aiw wa pia i®n?''wo° °Arcm n to m?oa ?anaur nE MR LaTra Off, akrmk A C Ial ArrAw BIG BUCK CREEK SEDIMENT BASIN LAKE TAHOMA, BIG BUCK CREEK McDOWELL COUNTY. NC LAKE TAHOMA, INC. SHEET I OF -2- DATE 10-31-56 EL 100. 10 Zo, Wio? 1 ? PA 6 P3) 1 H Q ,?2 :ig5 P 1 \ \ 4?Q``r T t W )C r ., 29.000 CU. YOS. OF SEDIMENT TO BE REMOVED FROM THIS AREA. \:";• 1 \ m EXISTING EDGE OF BIG BUCK CREEK AND EDGE OF SEOIMEN7 s REMOVAL. ^ / r!_ ` A LANOS ? ^ ? \ ; \ ? ` WETLANDS ?\ r LEGEND -i- SILT FENCE ® WETLANDS CONSTRUCTION/ Q. MAINTENANCE ROADS 1.888 CU. YOS. OF SEDIMENT TO BE REMOVED FROM THIS AREA. 4Q?F'yy '80 BRIDGE .'.' TEMP. STOCK •. PILE 1. N •. o POSE H H EETT PILING OUTLET (SEE GENERAL Irn NOTE 2) ?Q N/ PLAN N.T.S. s (SEE GENERAL NOTE 31 M V ;ROP QSEO SWEET S OP ?_? ILI N E GENERAL NOTE 21 a ' i LL EXISTING ROCK FACE PLAN SHEET PILING OUTLET N. T. 0. EXISTING ROCK FACE- EXISTING GROUND RIP RAP E L 18 0. 60 I 1? E L 9 9.80 1 I S MEE T 2 Illllliiliit PILING 11 I I II !Il?ili;??lill?lllllillllllll II IIIiI PoL 'YESt IMON-WOI l l i I I I I I I I I i i l l l i , l FILTER SECTION 2-2 ills N. T. 0. LL? LL a FILTER FABRIC z c 3-1 30• TTYP.I `----? (APPROX.) FENCE 4.-B• J 2;OWC WIN.) 000 POSTTAL 3 PLAN OF SILT FENCE ISCALEs ROME NOTES) 1. SILT FENCE FABRIC SMALL BE. LAID IN THE TRENCH AND AGAINST THE FENCE. THE FABRIC SHALL BE ATTACHED TO THE FENCE AT 1'-6• INTERVALS. HORIZONTALLY AMC VERTICALLY. THE FABRIC SHALL BE ANCHORED IN THE TRENCH BE BACKFILLING THE TRENCH WITH THE ORIGINAL MATERIAL OR SANDBAGS. 2. ADDITIONAL SILT FENCE LOCATIONS MAY BE REQUIRED BY THE ENGINEER. 2•Y (MIN.) METAL FILTER FABRIC OR WOOD POST MIRE FENCE TRENCH AND BACKFILL RUB-FF ORTSANDBAGS ORIGINAL MATERIAL FILTER FABRIC SECTION 3-3 OCALEe NONE mnclt, M=61.0' ocllaW ?' -S11C, m m )amtwwrt Wm" Q'TTIX ?DESiS WxftmAAit W 09AW14 A C AAWW-, / LAKE TAHOMA, BIG BUCK CREEK McDOWELL COUNTY, NC LAKE TAHOMA, INC. ( EXISTING GROUND EL 100.06 ! 2 M r IV EL 66.60 SECTION 1-1 TYPICAL EMBANKMENT N.T.t a NOTE 1 GENERAL NOTESi 1. WITHOUT APPROPRIATE SOIL BORINGS. INADEQUATE INFORMATION BEEXISITS TO THEN EXISTING ROCK ON OTHEISOUTHEEASTERNSSICE OF BIG BUCK CREEK MAY PREVENT SHEET PILES FROM BEING INSTALLED. 2. DESIGN. DEPTH OF INSTALLATION. AND STABILITY OF SHEET PILES TO BE RESPONSIBILITY OF CONTRACTOR. 3. IF SHEET PILES CANNOT BE DRIVEN FLUSH WITH FACE OF EXISTING ROCK. THE RESULTING GAP SHALL BE FILLED WITH AN APPROPRIATELY SIZED RIP RAP PLACED AT A 2H-IV SLOPE ON EACH SIDE OF THE SHEET PILE. 4. BOUNDARY OF LAKE AND CREEK ARE APPROXIMATE AND NOT FROM A CURRENT LAND SURVEY. VOLUMES AND DISTANCE ARE APPROXIMATE. 5. ELEVATION 166 - FULL POND. 6. WETLANOS WERE DELINEATED ON AUGUST 13. 1996 AND SEPTEMBER 10. 1196 LOCATED RELATIVE TO THE HWY. 080 BRIDGE USING GLOBAL POSITIONING SYSTEM COPS) EQUIPMENT. 7. SEDIMENT MANAGEMENT AND MAINTENANCE ACTIVITIES FOR SEDIMENT BASIN SHALL BE OUTLINED IN PERMIT APPLICATION. EROSION CONTROL NOTES+ 1. ENTRANCES TO SITE CONSTRUCTION/MAINTENANCE ROADS SHALL HAVE WASHED STONE. REMAINDERROF CONSTRUCTION NAINTE AN E ROAD SMALL HAVE A 61 BASE OF 057 DOT WASHED STONE. 2. SILT FENCE SHALL BE INSTALLED ADJACENT TO CONSTRUCTION/MAINTENANCE ROADS AND BELOW ALL TEMPORARY STOCKPILES AS SHOWN. REFERENCE DRAWINGS) LAKE TAHOMA STATION-PLAN (DATED 9/30/66) SHEET 3 OF 3 DATE APPLICATION FOR DERk.. i MENT OF THE ARMY PERMIT (> OMB APPROVAL NO. 0710-003 (33 CFR 325) Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any.other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require authorizing activities in, or affecting, navigable waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE F ILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE fan agent is not required) Lake Tahoma, Inc. Duke Engineering & Services, Inc. Contact: Jeanette James (President) Contact: Peter Huff Hill Evans (Secretary - Treasurer) Louis Good 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS P.O. Box 1330 Mail Code: WC23E Marion, North Carolina 28753 P.O. Box 1004 Charlotte, North Carolina 28201-1004 7. APPLICANT'S PHONE NOs. W/AREA CODE 10. AGENT'S PHONE NOs. W/AREA CODE a. Residence 704-274-3344(J. James) a. Residence 704-333-3986 b. Business 704-366-7880 (L. Good) b. Business 704-382-2864 11. STATEMENT OF A UTHORIZATION I hereby authorize, Duke Engineering & Services, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. o-y.19 ,19 9L APPLICANT' IGNATURE DATE NAME, LOCATION, AND DESCRIPTION OR PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Big Buck Creek Sediment Basin 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Big Buck Creek; Lake Tahoma 15. LOCATION OF PROJECT McDowell NC COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Sectlon, Township, Range, Lat/Lon, and/or Accessors's Parcel Number, for example. Project is located directly upstream of Hwy. 80 bridge that crosses Big Buck Creek at Lake Tahoma. 17. DIRECTIONS TO THE SITE From Exit 85 along 1-40 in McDowell County, travel north on Hwy. 226 for approximately seven miles. Follow Hwy. 70 west by turning left and traveling approximately two miles. Turn right onto Hwy. 80 and travel north approximately two miles to the first bridge that crosses Big Buck Creek on Lake Tahoma. L 4 N 10 V 1 096 ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Pfoponent, CECW-OR) 1 S. Nature of Activity (Description of project, it II features) Project includes the constructr„i of a sediment retention structure _id the removal of accumulated sediment upstream of this structure within Big Buck Creek. Project also includes the removal of sediment from within Lake Tahoma at the mouth of Big Buck Creek below the Highway 80 where sediment accumulation has occurred such that sediment is exposed above the full pond level. Continued on attached page marked BLOCK 18. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Sediment transported within Big Buck Creek has deposited within the creek and Lake Tahoma. The intent of the project is to minimize the deposition of sediment in Lake Tahoma by containing the sediment within the creek so that it can be more readily removed without dredging the main body of Lake Tahoma. Continued on attached page marked BLOCK 19. USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The construction of access roads for the initial construction, maintenance, and for periodic removal of sediment from the basin will be required. The roads will be constructed from a 6 inch base of #57 DOT washed stone. Access to the creek for the removal of sediment is limited except through the adjacent wetlands. Thus, construction of these access roads through the wetlands is necessary to perform the sediment removal. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Fill material used in the construction of access roads that pass through wetlands will be #57 DOT washed stone. Estimated volume of the stone is 475 cyds. Rip-Rap fill within the creek for construction of the weir will be approximately 250 cyds. Steel sheet piling within the creek for construction of the weir will be approximately 25' depth x 100' across creek. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Total wetland area to be filled for construction access roads is approximately 23500 sf. Continued on attached page marked BLOCK 22. 23. Is Any Portion of the Work Already Complete? Yes _ No X IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody(If more than can be entered here, please attach a supplemental list). 25. List of Other Certificationsor Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. ??- o ova 1 ,. SIGNATURE OF APPLICANT DATE DATE SIGNATURE OF AGENT The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) BLOCK 18 page 1 of 2 The retention structure will consist of steel sheet piling with an outlet weir. Materials to be used are 1) steel sheet piles (approximate 25' depth x 100' across creek) and 2) rip-rap fill (250 cyds). Estimated sediment volume that will be removed from within Big Buck Creek upstream of the retention structure is 29000 cyds. Construction access will be required along the eastern side of Big Buck Creek to allow for installation of the sheet piles and for removal of sediment within the creek. A series of four separate twenty foot wide construction access roads will be provided at strategic locations along the creek to minimize impact to wetlands. The approximate locations as referenced from the Highway 80 bridge abutment are Station 0+95, Station 2+62, Station 3+82, and Station 5+46 as shown on the attached Plan drawing. The construction roads will be constructed from #57 DOT washed stone fill so that they can be used for future maintenance. Although the roads will be located in a portion of the wetlands, the locations have been chosen to minimize effects on the surrounding wetlands. Fill material used to construct the roads in the wetlands is estimated to be 475 cyds. To remove the sediment from the creek, the reservoir water level will be lowered and sediment will be removed from the creek using a dragline. The reach of the dragline is approximately 100 feet. Thus, the number of access points (construction / maintenance roads) to the creek has been determined based on the ability to reach all points within the creek from the adjacent eastern shore of the creek with the dragline. While removing sediment from within the reservoir at the mouth of Big Buck Creek just downstream of the Highway 80 bridge, the lake level will also be lowered from full pond level by twelve feet to allow the sediment to be removed in a dry condition. Sediment removal will be by the use of a dragline operated from the western edge of the lake. Sediment deposits that cannot be reached with the dragline will be removed using a backhoe operating within the perimeter of the lake. The area where the sediment will be removed will be dry due to the lowered lake level. A temporary stockpile will be located near the removal site beside the proposed construction access road at approximately Station - 3+30 in order to temporarily contain the sediment prior to moving the sediment to the permanent disposal site described below. The approximate volume of sediment to be removed from within the reservoir downstream of the Highway 80 Bridge is 1000 cyds. The removed sediment will be temporarily stored adjacent to the construction area until being moved to the permanent storage site approximately 1 /2 mile away. A sediment and erosion control plan will be filed with the North Carolina Department of Environment, Health, and Natural Resources detailing measures to be taken to control runoff from the disposal site. Maintenance of the basin will be required periodically. The construction access roads will be left in place for the required maintenance. Removal of accumulated sediment within the basin will be required approximately every two years according Project: Big Buck Creek Sediment Basin Lake Tahoma, Inc. P.O. Box 1330 Marion, North Carolina 28753 Block 18 page 2 of 2 to sediment transport data collected during the study phase of this project. The intent of this permit application is to provide for the initial construction and for periodic removal of sediment every two years without applying for future permits to perform the required future sediment removal. Maximizing the time between cleanouts of the Big Buck Creek Sediment Basin is necessary from an economic perspective. Therefore, a long range sediment management plan will be developed for the Lake Tahoma reservoir. The goal will be to maximize the size of the Big Buck Creek Sediment Basin as well as minimize the sediment loading to the creek so that the period between cleanouts of the basin will be increased from the currently projected 2 year interval to as long as 5 or 7 years between cleanouts. Project: Big Buck Creek Sediment Basin Lake Tahoma, Inc. P.O. Box 1330 Marion, North Carolina 28753 BLOCK 19 page 1 of 1 Maintenance activities will be ongoing for the basin. Periodic removal of sediment will be required for the basin. The estimated time between cleanouts of the basin will be two years based on current sediment transport data from the study phase of this project. The intent of this permit application is to provide for the initial construction and for periodic removal of sediment without applying for future permits to perform the future removal of sediment. Work to establish the sediment basin, remove sediment from Big Buck Creek, and remove the sediment from within the reservoir is expected to begin in 1997 and be completed during the calendar year of 1997. Project: Big Buck Creek Sediment Basin Lake Tahoma, Inc. P.O. Box 1330 Marion, North Carolina 28753 BLOCK 22 page 1 of 1 Material used to construct the roads will be #57 DOT washed stone. Sediment removed from the creek will be temporarily stored adjacent to the wetland area as shown on the attached Plan drawing. Silt fencing will be installed to contain the sediment within the temporary area. Silt fence will be installed on both sides of the access roads to protect the wetlands. The permanent storage site will be contained so that sediment will not leave the site by installing silt fence around the perimeter of the area and the use of permanent dikes to direct runoff toward an existing sediment trap at the lower end of the storage site. Runoff from the storage site will pass through the sediment trap and prevent sediment from leaving the site. Periodic inspection and maintenance of the erosion and sediment control features will be made to ensure compliance. Permanent vegetation will be established on the disposal site at the conclusion of this project. A sediment and erosion control plan will be filed with and a permit will be obtained from the North Carolina Department of Environment, Health, and Natural Resources. Project: Big Buck Creek Sediment Basin Lake Tahoma, Inc. P.O. Box 1330 Marion, North Carolina 28753 Additional Questions 1. Type of equipment to be used: Dragline, Backhoe, Pile Driver 2. Estimated cubic yards of material to be dredged: • 29000 cyds from Big Buck Creek at site of sediment basin upstream of Highway 80 bridge. • 1000 cyds from Lake Tahoma downstream of Highway 80 bridge. 3. Map showing where material will be stockpiled and an explanation of how material will be contained. See attached Plan drawing for temporary storage site adjacent to creek. See Vicinity Map for location of permanent storage site. Sediment that is removed from Big Buck Creek will be temporarily stockpiled between Highway 80 and the wetland area as shown on the above referenced drawing. Sediment that is removed from the reservoir downstream of the Highway 80 bridge will be temporarily stockpiled on an upland site between Highway 80 and the reservoir. The material will then be moved to a site approximately 6 acres in area located approximately 1 /2 mile away. Sediment being removed will be in a fairly dry condition since the lake level will be dropped for performing this dredging work. Containment of the sediment at the temporary site will be through the use of silt fence. At the permanent disposal site, dikes will be used to direct any runoff through an existing sediment trap located at the lower end of the disposal site. Silt fence and a buffer zone will be used between the dikes and any undisturbed area at the disposal site. 4. Map showing dredge area. See attached Plan drawing Project: Big Buck Creek Sediment Basin Lake Tahoma, Inc. P.O. Box 1330 Marion, North Carolina 28753 NDRCE. TIDt DDLINEtpM7 If DM?RIII?[ETD tD L9ED Q MMjm HE" tlT ?Uf? 7W MM.4 ?a NEN[ttI?UD M RpRt illO[?II[ND t EMICo. INC. o.E ?? ?? ? ,? I I BIG BUCK CREEK SEDIMENT BASIN LAKE TAHOMA, BIG BUCK CREEK McOOWELL COUNTY, NC LAKE TAHOMA, INC. SHEET 3 OF 3 1 DATE LEGEND -s- SILT FENCE ® WETLANDS CONSTRUCTION/ Q MAINTENANCE ROADS EL 100.00 \ \ t P , g IP A .1 1 11' ? 1 \ 1 \ 1 \? 1 \ 1 1 1; 25.000 CU. YOS. OF SEDIMENT \ 1 TO BE REMOVED FROM THIS AREA. 'Vr 1 \? 1 \ EXISTING EDGE OF BIG BUCK - CREEK AND EDGE OF SEDIMENT REMOVAL. Z0. W1Di 5j6?ES5 OP /' / P 1.000 CU. YDS. OF SEDIMENT TO BE REMOVED FROM THIS AREA. ?sq Q vO s 'AT 3 ?Z' G , POPD E I cRo%?o i t :. Ci \i F \I ? -? ST?I \\ \, WETLANDS: 'ETLANDS EXISTING ROCK FACE v •80 BRIDGE ?2 &/ S O N O ILING P ,? GENERAL 2) ?y #14110 4/?U w Q' s M, tiQ y/ TEMP. STOCK PILE a; K P"Qm?o ic?"1Oom aInO ms 10r ww "imm B w PC. s%c law g nc7°m wPC. O PLAN 'E"`'''? "?'1¦i"'?CI' 4e?kl14 M. G A=-lA9l BIG BUCK CREEK SEDIMENT BASIN LAKE TAHOMA, BIG BUCK CREEK McDOWELL COUNTY, NC LAKE TAHOMA, INC. SHEET 2 OF 3 DATE 10-31-96 (SEE GENE NOTE 3) 2H, (V PROPOSED SHEET SLOP PILING w %0 L (SEE GENERAL NOTE 2) s} 0 LL PLAN SHEET PILING OUTLET N. T. S. EXISTING GROUND EXISTING ROCK FACE RIP RAP- EXISTING GROUND EL 100.00 2 \ M it m ( N EL 88.00 SECTION 1-1 TYPICAL EMBANKMENT N.T.S. dl/ 1?? c? aa.oo j SHEET 1 PIL NG III II II I k-1 I (? i I I I I I I I I I I I I I I 1 1 1 1 1 i l l l l r O L Y E 6 T E R L BE I I I I I I I I I I I I I I I (I I' I l j FILTER FABRIC IIII SECTION 2-2 N.T.S. LL LL? 0 FILTER FABRIC = 3.+•1a i 30• ( TYP.) ------- (APPROX.) FENCE 4,-0, 2• p ( MIN.) METAL 3-J OR WOOD POST PLAN OF SILT FENCE SCALE. NONE NOTESI 1. SILT FENCE FABRIC SHALL BE. LAID IN THE TRENCH AND AGAINST THE FENCE. THE FABRIC SHALL BE ATTACHED TO THE FENCE AT I'-6' INTERVALS. HORIZONTALLY AND VERTICALLY. THE FABRIC SHALL BE ANCHORED IN THE TRENCH BE BACKFILLING THE TRENCH WITH THE ORIGINAL MATERIAL OR SANDBAGS. 2. ADDITIONAL SILT FENCE LOCATIONS MAY BE REQUIRED BY THE ENGINEER. m i T PILING DMENT NOTES, NOTE 1 NOTE 2) GENERAL NOTESs 1. WITHOUT APPROPRIATE SOIL BORINGS, INADEQUATE INFORMATION EXISTS TO DETERMINE ACTUAL OEPTH TO WHICH SHEET PILES CAN BE INSTALLED. THE EXISTING ROCK ON THE SOUTH EASTERN SIDE OF BIG BUCK CREEK MAY PREVENT SHEET PILES FROM BEING INSTALLED. 2. DESIGN, DEPTH OF INSTALLATION, AND STABILITY OF SHEET PILES TO BE RESPONSIBILITY OF CONTRACTOR. 3. IF SHEET PILES CANNOT BE DRIVEN FLUSH WITH FACE OF EXISTING ROCK, THE RESULTING GAP SHALL BE FILLED WITH AN APPROPRIATELY SIZED RIP RAP PLACED AT A 2H.1V SLOPE ONE EACH SIDE OF THE SHEET PILE. 4. BOUNDARY OF LAKE AND CREEK ARE APPROXIMATE AND NOT FROM A CURRENT LAND SURVEY. VOLUMES AND DISTANCE ARE APPROXIMATE. 5. ELEVATION 100 - FULL POND. S. WETLANOS WERE DELINEATED ON AUGUST 13, 1996 AND SEPTEMBER 10. 1996 LOCATED RELATIVE TO THE HWY. 080 BRIDGE USING GLOBAL POSITIONING SYSTEM (GPS) EQUIPMENT. 7. SEDIMENT MANAGEMENT AND MAINTENANCE ACTIVITIES FOR SEDIMENT BASIN SHALL BE OUTLINED IN PERMIT APPLICATION. EROSION CONTROL NOTESi 1. ENTRANCES TO SITE CONSTRUCTION/MAINTENANCE ROADS SHALL HAVE A 6• DEEP X 50' LONG COARSE AGGREGATE PAD WITH 2 TO 3 INCH WASHED STONE. REMAINDER OF CONSTRUCTION/MAINTENANCE ROAD SHALL HAVE A 6• BASE OF •57 DOT WASHED STONE. 2. SILT FENCE SHALL BE INSTALLED ADJACENT TO CONSTRUCTION/MAINTENANCE ROADS AND BELOW ALL TEMPORARY STOCKPILES AS SHOWN. REFERENCE DRAWINGSI LAKE TAHOMA STATION-PLAN (DATED 9/30/66) 2•/ (MIN.) METAL FILTER FABRIC OR W000 POST MIRE FENCE NO BACKFLLL RUH FF ORTSANOBAGS ORIGINAL MATERIAL 4MIN. FILTER FABRIC SECTION 3-3 SCALES NONE I o, wwL°?L of ? me am nwuw?i -' mw aTMaT r ?nua?{AiT?TFN I rcurra? aN a? aoor tua)Amaxo 1 CU. INC. I shill` u=cw= I0 3h7m.1LR4/A0/ I 1.11. 0&1#114 At C AM-IM LAKE TAHOMA, BIG BUCK CREEK MoDOWELL COUNTY, NC LAKE TAHOMA, INC. EXISTING - ROCK FACE SHEET 3 OF 3 1 DATE