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HomeMy WebLinkAbout20201499 Ver 1_Meeting Request Review_20201019ID#* 20201499 Version* 1 Regional Office* Asheville Regional Office - (828) 296-4500 Reviewer List* Kaylie Yankura Pre -Filing Meeting Request submitted 10/19/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Terry E. Allen tealleneng@comporium.net REPLACE 142 LF of EXISTING SEAWALL and CONSTRUCT NEW BOATHOUSEL at ELLISON RESIDENCE David G & Frances D Ellison Co Trustees Transylvania Street Address 3432 West Club Blvd. Address Line 2 City Lake Toxaway Fbstal / Zip Code 28747 Is this a transportation project?* (- Yes o No Type(s) of approval sought from the DWR: 141 401 Water Quality Certification - 1— 401 Water Quality Certification - Regular Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No State / Rovince / Fbgion NC Country United States Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* REPLACE 142 LF of EXISTING SEAWALL and CONSTRUCT NEW BOATHOUSEL at ELLISON RESIDENCE Please give a couple of dates you are available for a meeting. 10/28/2020 Please attach the documentation you would like to have the meeting about 2020 - PCN Form - Ellison, NWP 3 & 18.pdf 346.36KB C1 - Ellison -- 10-07-2020.pdf 202.65KB C2 - Ellison -- 10-07-2020.pdf 160.22KB C3 - Ellison -- 10-07-2020.pdf 765.16KB C4 - Ellison -- 10-07-2020.pdf 233.43KB C5 - Ellison -- 10-07-2020.pdf 189.39KB C6 - Ellison -- 10-07-2020.pdf 135.43KB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 10/19/2020 Reviewer Meeting Request Decision Has a meeting been scheduled?* r Yes a No Page 1 of 13 PCN Form – Version 1.3 December 10, 2008 Version Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 & 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: REPAIR & REPLACE EXISTING SEAWALL WALL at ELLISON RESIDENCE 2b. County: Transylvania 2c. Nearest municipality / town: Brevard 2d. Subdivision name: Lake Toxaway 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: David G & Frances D Ellison Co Trustees 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: BK D L8-R WESTSHORE DR 2.01 3432 West Club Blvd. 3e. City, state, zip: Lake Toxaway, NC 28747 3f. Telephone no.: 864-525-4662 3g. Fax no.: 3h. Email address: Page 2 of 13 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Terry Allen, PE 5b. Business name (if applicable): T.E. ALLEN ENGINEERING, PC 5c. Street address: P.O. Box 103 5d. City, state, zip: Rosman, NC 28772 5e. Telephone no.: 828-877-4883 5f. Fax no.: 5g. Email address: tealleneng@comporium.net Page 3 of 13 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN 8522-06-8685-000 1b. Site coordinates (in decimal degrees): Latitude: 35.132928 Longitude: - 82.94473 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 2.41 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Lake Toxaway 2b. Water Quality Classification of nearest receiving water: B, Trout 2c. River basin: Savannah Page 4 of 13 PCN Form – Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This home site located in Toxaway Estates, a private residential development in western Transylvania County, NC. The lot borders Lake Toxaway which has a classification of B: Trout. The general land use is residential. There is an existing stone and mortar seawall along the shoreline. The existing seawall is deteriorated and required repair and/or replacement. 3b. List the total estimated acreage of all existing wetlands on the property: none 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: none 3d. Explain the purpose of the proposed project: Remove and replace approximately 275 +/- linear feet of existing Seawall. New Seawall to be in accordance with Sheet C1 through C5. All work shall be performed "IN THE DRY" using a coffer dam to create a dry work area. Trbitidy curtains to be used around work area to prevent turbidity. Repair Existing Seawall (85 LF +/-) using like kind materials. Hand work only. Furnish and install Turbidity Curtains around work area to maintain Water Quality. No disturbance within existing Vegetated Trout Buffer. See attached Sheet C5 for location of work. Page 5 of 13 PCN Form – Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: 1.0 Remove and Replace approximately 275 +/- linear feet of existing Seawall. New Seawall to be in accordance with Sheet C1 through C5. All work shall be performed "IN THE DRY" using a coffer dam to create a dry work area. Permanent Toe Apron shall not exceed 25 cubic yards meeting the following requirements; (a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line; (b) The discharge will not cause the loss of more than 1/10-acre of waters of the United States; and (c) The discharge is not placed for the purpose of a stream diversion. 2.0 Repair Existing Seawall (85 LF +/-) using like kind materials. Hand work only. No disturbance within existing Vegetated Trout Buffer. Provide Turbidity Curtains around work area to maintian water quality. See attached Sheet C5 for location of work. To comply with Water Quality requirements, the Seawall Replacement work will be performed in the dry. This will be accomplished by installing a temporary coffer dam around the proposed work area, or by scheduling the work during the upcoming lake draw down. Where a coffer dam is used, the work area will be dewatered by pumping. All dewatering discharge shall have a turbidity of not more than 10 NTUs above background or as otherwise specified in DWQ’s Turbidity Standards (15A NCAC 02B.0211(3.)(k.)). To satisfy the required turbidity limit, the dewatering pump discharge shall be filtered through a Bag Filtration Unit equal to Model BF-400 from Rain-for-Rent with a 100 to 1 micron nominal rating (P.O.C. at Rain-for-Rent is Jeremy at 704-393-3345). The turbidity level of all discharge shall be monitored with calibrated turbidity meters and the filtration equipment shall be adjusted as necessary to insure compliance with Water Quality Standards. The water around the dredging areas shall likewise be monitored with calibrated turbidity meters and the turbidity curtains shall be adjusted as necessary to insure compliance with Water Quality Standards. Uncured concrete shall not be allowed to come into direct contact with surface waters. This will be accomplished by establishing a “dry work area” as described above. “High Early” cementious material shall be in the stone work to minimize curing time. Water Quality around the work areas shall be monitored with calibrated turbidity meters. The coffer dams and turbidity curtains shall be adjusted as necessary to insure compliance with Water Quality Standards. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: Yes No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. Page 6 of 13 PCN Form – Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Page 7 of 13 PCN Form – Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 2f. Area of impact (acres) W1 P T Yes No Corps DWQ W2 P T Yes No Corps DWQ W3 P T Yes No Corps DWQ W4 P T Yes No Corps DWQ W5 P T Yes No Corps DWQ W6 P T Yes No Corps DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P T PER INT Corps DWQ S2 P T PER INT Corps DWQ S3 P T PER INT Corps DWQ S4 P T PER INT Corps DWQ S5 P T PER INT Corps DWQ S6 P T PER INT Corps DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 8 of 13 PCN Form – Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T Lake Toxaway Temporary Coffer Dam to Replace Existing Seawall, 275 Linear Ft (+/-) Lake 0.04 Acres O2 P T Lake Toxaway Temporary Turbidity Curtain to Repair Seawall, 85 Linear Ft (+/-) Lake 0.01 Acres O3 P T Lake Toxaway Permanent Riprap Toe Apron, 275 Linear Ft (+/-) Lake 0.04 Acres O4 P T Lake Toxaway Permanent Riprap Toe Apron, 85 Linear Ft (+/-) Lake 0.01 Acres 4f. Total open water impacts 0.10 Acres 4g. Comments: 1.0 SEAWALL REPLACEMENT WORK (275 LF +/-). Seawall work will be accomplished "in the dry" by installing a temporary coffer dam around the proposed work area, or by scheduling work during the up coming lake draw down. The dewatering discharge will be filtered to DWQ Water Quality Standards prior to release. 2.0 REPAIR EXISTING SEAWALL (85 LF +/-). Turbidity curtains will be used to isolate the work areas and curtains will remain in place until the turbidity in the work area is less than 10 NTUs above background. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 9 of 13 PCN Form – Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Yes No B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The work will be performed while the lake is at normal pool elevation. 1.0 SEAWALL REPLACEMENT WORK (275 LF +/-). Seawall work will be accomplished "in the dry" by installing a temporary coffer dam around the proposed work area, or by scheduling work during the up coming lake draw down. The dewatering discharge will be filtered to DWQ Water Quality Standards prior to release. 2.0 REPAIR EXISTING SEAWALL (85 LF +/-). Turbidity curtains will be used to isolate the work areas and curtains will remain in place until the turbidity in the work area is less than 10 NTUs above background. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. To minimize disturbance during construction, the work will be accomplished with the smallest mechanical equipment practicable. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 10 of 13 PCN Form – Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm cool cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Should project exceed 10% or 100' in 1000', a trout buffer waiver will be sought from NCDENR - Div of Land Resources Page 11 of 13 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 12 of 13 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N.A. Page 13 of 13 PCN Form – Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? David G. & Frances D. Ellison Co Trustees Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date David & France Ellison Residence 3432 W Club Blvd BK D L8-R Westshore Dr 2.01 Lake Toxaway, Transylvania County, NC PIN: 8522-06-8685-000 David & France Ellison Residence, 3432 W Club Blvd., .CMG6QZCYC[0%C Copyright 2020 TerryAllen PE, T.E. ALLENENGINEERING PC, TerryE. Allen Engineer. AllRights ReservedWorldwide. David & France Ellison Residence 3432 W Club Blvd BK D L8-R Westshore Dr 2.01 Lake Toxaway, Transylvania County, NC PIN: 8522-06-8685-000C Copyright 2020 TerryAllen PE, T.E. ALLENENGINEERING PC, TerryE. Allen Engineer. AllRights ReservedWorldwide. David & France Ellison Residence 3432 W Club Blvd BK D L8-R Westshore Dr 2.01 Lake Toxaway, Transylvania County, NC PIN: 8522-06-8685-000 David & France Ellison Residence 3432 W Club Blvd BK D L8-R Westshore Dr 2.01 Lake Toxaway, Transylvania County, NC PIN: 8522-06-8685-000C Copyright 2020 TerryAllen PE, T.E. ALLENENGINEERING PC, TerryE. Allen Engineer. AllRights ReservedWorldwide. David & France Ellison Residence 3432 W Club Blvd BK D L8-R Westshore Dr 2.01 Lake Toxaway, Transylvania County, NC PIN: 8522-06-8685-000C Copyright 2020 TerryAllen PE, T.E. ALLENENGINEERING PC, TerryE. Allen Engineer. AllRights ReservedWorldwide. David & France Ellison Residence 3432 W Club Blvd BK D L8-R Westshore Dr 2.01 Lake Toxaway, Transylvania County, NC PIN: 8522-06-8685-000C Copyright 2020 TerryAllen PE, T.E. ALLENENGINEERING PC, TerryE. Allen Engineer. AllRights ReservedWorldwide.