20151027 Ver 3_ePCN Application_20220711

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
7/11/2022
BIMS # Assigned * Version#*
20151027 3
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Andrew Moore:eads\awmoore3
Information for Initial Review
la. Name of project:
COURTESY COPY Lake Tomahawk Dam Improvements
la. Who is the Primary Contact?*
Joey Lawler, PWS
Reviewing Office*
Asheville Regional Office - [phone]
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
7/11/2022
Nearest Body of Water
Tomahawk Lake (Tomahawk Branch)
Basin
French Broad
Water Classification
B
Site Coordinates
Latitude: Longitude:
35.617240 -82.329012
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Black Mountain
2b. Deed book and page no.:
Deed: 0466-002 Plat: 0154-0193
2c. Contact Person:
Josh M. Harrold
2d. Address
Street Address
Town of Black Mountain
Address Line 2
160 Midland Avenue
City
Black Mountain
Postal / Zip Code
28711
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Joey Lawler, PWS
4b. Business Name:
S&ME, Inc.
4c. Address
Street Address
Address Line 2
2016 Ayrsley Town Bouleavrd, Suite 2A
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28273 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
lc. Nearest municipality / town:
Black Mountain
2. Project Identification
2a. Property Identification Number:
061906884100000
2b. Property size:
15.52
2c. Project Address
Street Address
northeast of the intersection of Tomahawk Avenue and Craig Mount Road
Address Line 2
City State / Province / Region
Black Mountain NC
Postal / Zip Code Country
28711
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Tomahawk Lake (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
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The dam is located northeast of the intersection of Tomahawk Avenue and Craig Mount Road in the Town of Black Mountain, North Carolina. The project area is located within a generally
urbanized area abutted by residential and commercial development, and a park to the north. The dam is classified as a Class C, High Hazard Dam based on review of the North Carolina
Dam Safety electronic inventory.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.01
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
During a recent site inspection, the North Carolina Department of Environmental Quality (NCDEQ) Dam Safety personnel noted seepage on the downstream face of the dam. The seepage
is occurring along the downstream face of the dam over an approximately 50-foot wide area where saturated near surface conditions were observed. The presence of hydrophytic
vegetation and iron precipitated bacteria staining were also noted in the area. Although the seepage conditions did not appear to indicate an immediate concern to the stability of the dam,
the presence of seepage from the downstream slope indicated an increase in the potential for long-term instability, such as sloughing after a triggering event (e.g., heavy precipitation).
In addition, the shallow water levels present maintenance concerns such as softened near surface soil conditions and potential rutting during mowing of the dam embankment. The
purpose of the project is to repair the dam an alleviate the seepage conditions.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
S&ME originally prepared a Lake Tomahawk Dam Repairs Report dated November 18, 2019. The report identified proposed repairs including a seepage collection blanket drain, toe drain,
and embankment modifications. A limited geotechnical exploration of the dam, seepage, and slope stability analysis was performed as part of that study. A Conditional Approval to Modify
letter was issued by NCDEQ — Division of Energy, Mineral and Land Resources (DEMLR) dated May 14, 2020 for the proposed dam repairs. The Conditional Approval to Modify letter
requested that an updated hydrologic and hydraulic (H&H) report be prepared for the dam as a condition of the repairs.
Following the updated H&H analysis, the repair design was revised and described in a June 23, 2022 report prepared by S&ME. The updated design includes installation of a seepage
collection blanket drain, toe drain, and 6-inch thick articulating concrete block (ACB) revetment. The ACB revetment consists of a pre -fabricated, engineered interlocking open cell concrete
masonry block mat system designed to have specific hydraulic capacities and laced with revetment cables for use as overtopping erosion protection. An approximate 6-inch soil layer will
be placed over the ACB to promote vegetation.
The total disturbed area is estimated to be 0.36 acres; therefore, a formal Erosion and Sediment Control (E&SC) Plan is not required. However, installation of appropriate E&SC measures
in accordance with an approved plan will occur prior to initiation of earthwork on the dam. Vegetation and topsoil will then be removed from the construction area for blanket, toe drain, and
articulating concrete block installation. Excavation for the toe drain will be limited to that which can be excavated and backfilled within one day. Upon completion the ACB installation, the
affected area will be overlain by a 6-inch soil layer to allow regrowth of vegetation.
The area will then be seeded, mulched, and stabilized in accordance with the approved plan. Temporarily affected staging and work areas will also be restored to original grades and
contours, seeded and stabilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Joey Lawler, PWS
Agency/Consultant Company: S&ME, Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
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?
No other NWPs are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Buffers

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To minimize impacts to Waters of the U.S., the Town has proposed to limit the space within which the work will be conducted to the existing dam face
and adjacent workspace necessary to make the improvements. Additionally, a buffer has been established along the adjacent Tomahawk Branch such
that an undisturbed area will be maintained along this stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Because the wetland is located on the face of the dam, avoidance of this area is not practicable. The resultant design and proposed impacts are
considered the minimum amount necessary to safely provide long-term stabilization to the existing dam.
The project has been designed to incorporate appropriate E&SC practices outlined in the most recent version of the "North Carolina Erosion and
Sedimentation Control Planning and Design Manual" as approved by NCDEQ - DEMLR prior to construction. A pre -construction meeting with the
contractor to review the design and conditions of the applicable permits will occur.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project will not impact greater than 0.10 acre of wetlands.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Other than trout buffers, which will be avoided, the project is not located within a watershed subject to riparian buffer rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
The project does not meet all of the criteria required for preparation of an environmental document.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
Project is not growth -inducing.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCNHP database and FWS IPaC
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO GIS web viewer
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:
Map No. 3710061900J
8c. What source(s) did you use to make the floodplain determination?*
Any changes to the grade in the area of the floodplain are ineffective flow areas on the face of the dam. Any flooding in the area will be caused by the
existing downstream culvert crossing at Craigmont Road and is not be impacted by the proposed dam modifications.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
218853 LAKE TOMAHAWK DAM IMPROVEMENTS PLAN_Final.pdf 12.4MB
File must be PDF or KMZ
Comments
See cover letter and supporting information
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.

I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Joey Lawler
Signature
,�Y Laa»2t�
Date
7/11/2022