20200119 Ver 1_PCN Form Submission_20200120

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20200119
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Andrew Moore:eads\awmoore3
Information for Initial Review
1a. Name of project:
Cheshire swimming hole restoration
1a. Who is the Primary Contact?*
Ken Curren, P.E.
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1 /20/2020
Nearest Body of Water
Camp Branch
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.6028
82.3181
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
V

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
03 - Maintenance
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
V 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Cheshire Master Association
2b. Deed book and page no.:
2967/0145
2c. Responsible party:
Ken Curren, Member
2d.Address
Street Address
51 Cheshire Drive
Address Lim 2
City
Black Mountain
Postal / Zip Cate
28711
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Province / Region
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
t^�
C. Project Information and Prior Project History C^U
1. Project Information

1b. Subdivision name:
(if appropriate)
Cheshire
1c. Nearest municipality/ town:
Black Mountain
2. Project Identification
2a. Property Identification Number:
0619-40-0911-00000
2c. Project Address
Street Address
725 NC Hwy 9
Address Line 2
CKY
Black Mountain
Rbstal / Zip Code
28711
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Camp Branch
3b. Water Resources Classification of nearest receiving water:*
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050602
4. Project Description and History
2b. Property size:
1.39
State / Province / Pegion
NC
Country
USA
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:*
This project is to restore an historic 70+ year -old silted -in swimming pond to near its original condition. The 0.15 acre pond is formed by the original 8 feet high cast -in -place concrete
weir dam that is located within thirty feet of the Hwy 9 crossing of Camp Branch. The weir dam is also the spillway. Immediately upstream of the pond there is an original concrete 90-
degree notched weir control structure incorporated with a closed -channel concrete diversion sluice than was specifically designed to bypass 100 % of the Camp Branch stream flow
around the pond to allow dredging without having any water or silt discharged into the stream. Though the dam is 8 feet high, the maAmum depth of the pond after restoration will be six
feet with an expected average depth less than four. The pond is bounded on one side by a steep rock wall and on the opposite side, the underground concrete sluice. This topography
and the relative steepness of Camp Branch results in a budgeted excavation volume of apprommately 1,000 cubic yards.
The granular alluvial dredged material, consisting primarily of sand, gravel and rubble, will be loaded directly into a dump truck(s) parked just off of the shoulder of Hwy 9 and within five
feet of a short retaining wall that delineates the downstream border of the pond. This material will be hauled to a nearby farm where it will be used as road base.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No G Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
There are no accurate topographical.pdf
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4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
There are no accurate topographical.pdf 452.32KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.05
4g. List the total estimated linear feet of all existing streams on the property:
1,200
4h. Explain the purpose of the proposed project:*
The purpose of this project is to restore a historic and culturally rich 70+ year -old Camp swimming hole to its normal operational depth by removing 15 years of accumulated granular
material depositions from the source stream. In addition to the dredging, work unrelated to the Nationwide Permit 3 will include repairs to the stone stair case(s) that are to be used for
access to the water for swimming. After completion of the restoration, the historic hedge of Hemlock Trees (killed by the woolly Adelgid) along the eAsting pond wall parallel to NC Hwy 9
will be replanted. Once the pond is refilled, it will be the water source for a nearby community fountain circa 1970. The result of the project will be to bring back a culturally historic
swimming hole that has a long history in the community and for this swimming hole to enhance the community park as it did before the Great Recession.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*

This project is to restore an historic and culturally rich 70+ year -old silted -in Camp side swimming pond to its normal operating depth. The <0.15 acre pond is formed by a circa 1930, 8-
foot high, cast -in -place concrete dam that is located within thirty feet of the NC Hwy 9 crossing of Camp Branch Creek.
The dam incorporates a concrete spillway that discharges the full flow of Camp Creek during normal operation. Immediately upstream of the pond there is an original concrete control
structure incorporated with a closed -channel concrete underground diversion sluice than was specifically designed to bypass 100 % of the Camp Branch stream flow around the pond to
allow dredging without having any water or silt discharged into the stream. The dam has a ten -inch ductile iron drain that allows dewatering of the pond prior to commencement of
excavation and thus to facilitate the immediate loading of the excavated material directly into trucks without any wet discharge.
Though the dam is 8 feet high, the maximum depth of the pond after restoration will be six feet with an expected average depth less than four. The pond is bounded on one side by a
steep rock wall, and on the opposite side there is the underground enclosed concrete sluice. This topography and the relative steepness of Camp Branch results in a budgeted
excavation volume of approximately 1,000 cubic yards.
The granular dredged material, consisting primarily of sand, gravel and rubble, will be excavated and loaded directly into 10-cubic yard dump trucks using a 112 (or possibly 1.0) cubic
yard backhoe. Material Will be fed to the backhoe using a rubber -tired front-end loader.
The dump truck(s) Will be loaded just outside of the Right -Of -Way of NC Hwy 9 and Within five feet of a short retaining wall that delineates the downstream border of the pond. This
material will be hauled to a nearby farm where it will be used as road base. The use of the excavated material on the remote farm road is not included under this Nationwide Permit 3.
The steps related to this Nationwide Permit 3 will be:
1. Divert 100 % of the the flow of Camp Branch Creek into the underground concrete sluice bypassing the pond and area to be disturbed.
2. Open the pond drain and keep open for a minimum of thee days prior to excavation to allowfull drainage of groundwater.
3. Perform excavation quickly and efficiently for ten days.
4. Perform hand shovel excavation to remove sediments from existing stone wall, stone stairwell, and the flagstone steps.
5. Perform any required repairs or restoration required for the stone staircase and any other structure that will be near the full pond water surface.
6. Redirect flow back into the pond by shutting the sluice gate.
7. Provide all regulatory agencies an appropriate Notification that the project has been completed.
4j. Please upload project drawings for the proposed project.
There are no accurate topographical.pdf 452.32KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
No. The nominal wetlands are all within the normal pond surface area.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
There are no accurate topographical.pdf 452.32KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
O Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
C Wetlands r Streams -tributaries r Buffers
G Open Waters r Pond Construction
E. Impact Justification and Mitigation
1. Avoidance and Minimization
U
U
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
There will be no impacts to Camp Branch because all flow Will bypass the entire project location through an existing underground concrete sluice.

1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The biggest potential impact would be wet discharge of excavated material when loading into dump trucks and potential leakage from the trucks. This
potential impact will be eliminated by draining all groundwater prior beginning any excavation.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
All work is under a Nationwide Permit 3 is simply to restore volume to a pond that has silted in. it will have no runoff or discharge potential because the project site will be completely
isolated from Camp Branch. There will be no net loss of wetlands nor will there be any riparian impact.
LF. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Swimming hole. The pond buffers will not be disturbed. The project will be 100 % isolated from Camp Branch.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
Comments:
Zero density. No net change from historical condition. There will be zero storm water discharged from this project site As it will be completely withheld within in the existing pond volume.
Any detained storm water will be subsequently released as groundwater.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
r Yes f• %
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
We are just digging out sediment from a very small pond. There are potential development associated with this project because the entire project is
located with an existing park.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor NIA
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville

5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Nationwide 13 Verification 2014-01842 and 401 Certification DWR# 19-0167 for projects In Camp Branch and within 500 feet of this project location.
Consultation Documentation Upload
There are no accurate topographical.pdf 452.32KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
DWR# 19-0167
Letter from NCWRC to USACOE dated May 14, 2019
No native trout though project is in designated trout watershed. No proposed work to be performed during October 15-April 15 trout moratorium
period.
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Our project is contained within a historical impoundment formed by a historical concrete dam. Our site is a locally historic site though not designated or
otherwise officially recognized by either NC or any federal agency.
7c. Historic or Prehistoric Information Upload
There are no accurate topographical.pdf 452.32KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
This is a structure that predates FEMA and the dam is below thresholds that concerns FEMA. The project will not modify the peak stream flow, its peak
surface water elevation nor the area or volume of floodwaters in riparian or wetland areas.
8c. What source(s) did you use to make the floodplain determination?*
The entire site is normally underwater during base flow conditions. Any flood waters will have no change in characteristics because there will be no
changes to the historic concrete dam nor its concrete spillway. There will be zero increase in storm water runoff due to this project. There will be a
slight increase in stage storage that would result in a small decrease in peak downstream flow, however, this decrease in peak flow, and its associated
positive affect on the 100-year flood elevation is virtually zero.
Miscellaneous u
Comments
Miscellaneous attachments not previously requested.
There are no accurate topographical.pdf
Signature
W By checking the box and signing below, I certify that:
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• 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:
Kenneth Young Curren
Signature
,asark ��,rg CJ�r�t�
Date
1 /20/2020