20151027 Ver 2_401 Application_20200522

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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
20151027
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Lake Tomahawk Sediment Management
1a. Who is the Primary Contact?*
Jacob McLean
1b. Primary Contact Email:*
[e-mail]
Date Submitted
5/22/2020
Nearest Body of Water
Tomahawk Branch
Basin
French Broad
Water Classification
B
Site Coordinates
Latitude:
35.6205
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
r Yes r No
Longitude:
-82.3296
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)
Version#*
2
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Andrew Moore:eads\awmoore3
1c. Primary Contact Phone:*
[phone]
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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:
W 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 DWR 401 Certification:
For the record only for Corps Permit:
F- 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?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
R 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:
Town of Black Mountain
2b. Deed book and page no.:
DB 466 PG 2
2c. Responsible party:
Josh Harrold
2d.Address
Street Address
160 Midland Avenue
Address Line 2
city
Black Mountain
Postal / Zip Code
28711
2e. Telephone Number:
[phone]
2g. Email Address:*
josh. [e-mail]
State / Rwince / Ifgion
NC
Country
USA
2f. Fax Number:
r- Yes r No
r Yes r No
4. Agent/Consultant (if applicable)

4a. Name:
Jake McLean
4b. Business Name:
Wildlands Engineering
4c.Address
Street Address
167-B Haywood Road
Address Line 2
City
Asheville
Postal / Zip Code
28806
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Landowner Authorization Form - Town of Black Mountain - signed.pdf
State / Province / Fiegion
NC
Country
USA
4e. Fax Number:
187.27KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Black Mountain
2. Project Identification
2a. Property Identification Number:
061906884100000
2c. Project Address
Street Address
401 Laurel Circle Drive
Address tine 2
City
Black Mountain
Postal / Zip Code
28711
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Tomahawk Branch
3b. Water Resources Classification of nearest receiving water:*
B
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:
15.52
State / Province / Pagion
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:*
The Lake Tomahawk Sediment Removal project site is located at 401 Laurel Circle Drive, Black Mountain in Buncombe County. The project includes portions of Tomahawk Branch and
Lake Tomahawk. A sediment barrier device was constructed in the past to store excessive sedimentation coming from Tomahawk Branch. The wasting device has failed and needs to
be reconstructed. The land uses surrounding the project area includes recreational, residential, forested land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r 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)
LakeT_USGSquad.pdf 923.04KB
LakeT_USGSquad_latlong.pdf 815.47KB

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)
LakeT_Soils.pdf 806.37KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
323
4h. Explain the purpose of the proposed project:*
Rehabilitate sediment forebay to resume dredging at the head of Lake Tomahawk. Repair damaged abutment.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will removed the defunct existing sediment barrier device consisting of a riser and pipe. The new sediment containment device, a boulder cross vane, will be constructed
along with bridge repairs and recentering the channel under the bridge and into the mouth of the lake. The stream is being re -centered to prevent future failures. The dredging area will
be rehabilitated to create better access and to allow for removal of incoming sediment by the Town. Trackhoe(s) and dump trucks will be used during construction.
4j. Please upload project drawings for the proposed project.
20258-Lake Tomahawk Sediment Management.pdf 8MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
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): Jordan Hessler
Agency/Consultant Company: Wildlands Engineering
Other:
O Unknown
5d1. Jurisdictional determination upload
Black Mountain PJD.pdf 2.92MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries ❑ Buffers
W Open Waters r 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*
1 Maintenance dredging Temporary Excavation Tomahawk Branch Perennial Both h;;1
(li �rfeet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
0 229
3i. Total stream and ditch impacts:

229
3j. Comments:
4. Open Water Impacts
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area
01 Channel relocation P Lake Tomahawk (Tomahawk Branch) Excavation Lake 0.04
4g. Total temporaryopen water Impacts:
0.00
4g. Total open water impacts:
0.04
4h. Comments:
The purpose is to realign the channel to move it away from the undermined abutment.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.04
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The design approach, sequence and methods will attempt to minimize temporary and permanent impacts through use of best management practices
and proven techniques.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. During construction, same day
stabilization will be conducted to ensure that banks are protected against rain event flows. Vegetated stone, and where applicable biodegradable coir
fiber matting will be used to stabilize the newly graded areas. Boulder revetments will also be used - the current condition of the banks is majority
boulder revetments. Seed mix appropriate to the area will be used - areas not subject to dredging will use native riparian seed. Areas subject to
dredging or dredging access will use mix that is comparable to other areas in the park.
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:
The project seeks to maintain, repair, and replace previously approved structures.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes
r No
If no, explain why:
The project is not adjacent to protected riparian buffers identified within one of the 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?*
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:
This project involves maintenance of an in stream structure and repairing a bridge. No increase in impervious cover will result from the construction of this project
G. Supplementary Information V
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
r 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)? *
r Yes r No

Comments:*
Project will not require NEPA/SEPA documentation.
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 f• 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.
The project Will not result in additional development nor will it impact nearby water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-87
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
r Yes r No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
r Yes r No r Unknown
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
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?
Wildlands reviewed the USFWS Information for Planning Conservation (IPaC) online tool to identify federally listed endangered plant and animal
species that might be impacted by the project. The IPaC review listed these potential endangered species: Bog Turtle (Glyptemys muhlenbergii),
Carolina northern Flying squirrel (Glaucomys sabrinus coloratus), Gray bat (Myotis grisescens), Northern long-eared bat (Myotis septentrionalis),
Appalachian Elktoe (Alasmidonta raveneliana), Spruce -fir moss spider (Microhexura montivaga), Blue Ridge Goldenrod (Solidago spithamaea),
Mountain Sweet Pitcher -plant (Sarracenia rubra ssp. Jonesii), Virginia Spiraea (Spiraea virginiana) Spreading Avens (Geum radiatum), and Rock
Gnome Lichen (Gymnoderma Iineare). No critical habitats were identified by the IPaC review.
Consultation Documentation Upload
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?*
National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper website.
https://vmw.habitat.noaa.gov/application/efhmapper/index.html
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?*
The NC State Historic Preservation Office (SHPO) GIS Service (HPOWEB) was reviewed for historic resources. Lake Tomahawk (BN1506) came up on
the HPOWEB GIS service.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
The maintenance project involves temporary, non-structural work within the floodplain. The floodplain administrator has been contacted and has
visited the site to discuss the project - a floodplain development permit will be obtained.
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Flood Insurance Rate Map (FIRM) Panel 370033 Map Number 3710061900J revised on January 10, 2010.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature U
17 By checking the box and signing below, I certify that:
• 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:
Jacob Preston McLean
Signature
�a�b �. 1leLcaR.
Date
5/22/2020

LANDOWNER AUTHORIZATION FORM

PROPERTY LEGAL DESCRITION:

Deed Book: ___DB 466____ Page: ____PG 0002____ County: Buncombe___

Parcel ID Number: PIN: 061906884100000

Street Address: 401 Laurel Circle Drive
Black Mountain 28711

Property Owner (please print): Town of Black Mountain
Registered Agent: Josh Harrold, Town Manager

The undersigned, registered property owner(s) of the above property, do hereby authorize
Wildlands Engineering, Inc. (Wildlands) to conduct of stream and/or wetland determinations and
delineations, and issuance of, application for and /or acceptance of any required permit(s) or
certification(s). I authorize land disturbing activities in association with project assessment
activities and construction. I agree to allow regulatory agencies, including the US Army Corps of
Engineers, to visit the property as part of these environmental reviews.

Property Owners(s) Address: P.O. Box 882 __________________
(if different from above)
Black Mountain, NC 28711__________________________________
Property Owner Telephone Number: _________________________________________________
Property Owner Telephone Number: _________________________________________________
We hereby certify the above information to be true and accurate to the best of our knowledge.

_____________________________________________________________________
(Property Owner or Authorized Signature) (Date)

_____________________________________________________________________
(Property Owner or Authorized Signature) (Date)

(Provide original copy to Project Manager)

Joshua M. Harrold (May 21, 2020 14:46 EDT)
Joshua M. Harrold May 21, 2020
Landowner Authorization Form - Town of Black
Mountain
Final Audit Report 2020-05-21
Created:2020-05-21
By:Lee Knight Caffery ([e-mail])
Status:Signed
Transaction ID:CBJCHBCAABAAv8gPlYCYuTcb3nPaTPAZFSBJneRYHDw3
"Landowner Authorization Form - Town of Black Mountain" Histo
ry
Document created by Lee Knight Caffery ([e-mail])
2020-05-21 - 6:20:38 PM GMT- IP address: 104.219.80.41
Document emailed to Joshua M. Harrold ([e-mail]) for signature
2020-05-21 - 6:20:48 PM GMT
Email viewed by Joshua M. Harrold ([e-mail])
2020-05-21 - 6:21:00 PM GMT- IP address: 66.102.8.113
Document e-signed by Joshua M. Harrold ([e-mail])
Signature Date: 2020-05-21 - 6:46:58 PM GMT - Time Source: server- IP address: 64.147.211.242
Signed document emailed to Lee Knight Caffery ([e-mail]) and Joshua M. Harrold
([e-mail])
2020-05-21 - 6:46:58 PM GMT
06010105040010
03050105040010
06010105070030
03050101010010
06010105070010
06010105070020
¹Figure 1 Vicinity MapLake Tomahawk Sediment Removal Project French Broad River Basin (06010105)Buncombe County
USGS 7.5-MINUTE QUADRANGLE VALLE CRUCIS
0 1 20.5 Miles
Project Location
Hydrologic Unit Code (14-Digit)
!(
¹Figure 2 USGS Topographic MapLake Tomahawk Sediment Removal Project French Broad River Basin (06010105)Buncombe County
USGS 7.5-MINUTE QUADRANGLE BLACK MOUNTAIN
0 1,000500 Feet
Assessment Area
!(Site Lat/Long Location
Site Coordinates: (35.6205, -82.3296)
¹Figure 3 Site MapLake Tomahawk Sediment Removal Project French Broad River Basin (06010105)Buncombe County
0 10050 Feet
Project Parcel
Assessment Area
Lake Tomahawk Project Open Water
Open Water Impact
Project Stream (323 LF)
Stream Impacts (229 LF)
Soils
UfB - Udorthents-Urban Land Complex
WaterS1 Tomahawk Branch (229 LF)
O1 Lake Tomahawk (0.04 AC)