20230930 Ver 1_ePCN Application_20230627

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
5/17/2023
BIMS # Assigned
20230930
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Mirror Lake Sediment Removal
1a. Who is the Primary Contact?*
John Bryant
1b. Primary Contact Email: *
[e-mail]
Date Submitted
6/27/2023
Nearest Body of Water
Mirror Lake
Basin
Little Tennessee
Water Classification
Water Supply III: Trout
Site Coordinates
Latitude:
35.06329
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Macon
Is this a NCDMS Project
Yes No
Longitude:
-83.20831
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.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
Please provide the date of the previous submission.
5/18/2023
1b. What types) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
16 - Return Water from Upland
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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
1d. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
2a. Name(s) on recorded deed:
Mirror Lake Improvement Company
2b. Deed book and page no.:
S-19/2122
2c. Contact Person:
Patrick Gleason
2d.Address
Street Address
PO Box 106
Address Line 2
City
Stale / Province / Region
Highlands
North Carolina
Postal/Zip Code
Country
28741
USA
r
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
John Bryant
3b. Business Name:
River Sand, Inc.
3c.Address
Street Address
514 Tolhurst Road
Address Line 2
City
Cleveland
Postal / Zip Code
30528
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Highlands
2. Project Identification
2a. Property Identification Number:
7540266123
2c. Project Address
Street Address
425 Cullasaja Drive
Address Line 2
City
Highlands
Postal / Zip Code
28741
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Mirror Lake
3b. Water Resources Classification of nearest receiving water:"
Water Supply III: Trout
3c. What river basin(s) is your project located in?"
Little Tennessee
3d. Please provide the 12-digit HUC in which the project is located.
060102020201
4. Project Description and History
2f. Fax Number:
State / Province / Region
GA
Country
USA
3e. Fax Number:
2b. Property size:
3.2
State / Province / Region
North Carolina
Country
USA
O

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:*
Mirror Lake has two primary tributaries, the Cullasaja River and Mill Creek. Previous watershed studies have noted "extremely high sediment accumulation" within the lake from decades
past in addition to recent development (Upper Cullasaja Watershed Strategy and Action Plan, 2004). The sediment has reduced aquatic habitat necessary trout and other fish and benthic
organisms. Both tributaries are listed on the 2022 303(d) list as impaired for Benthos. The increase in nutrients released from the sediment has contributed to excessive algae and
eutrophication. The shallower depths have increased water temperatures, and impaired recreational uses. The area to be utilized for access has been maintained with gravel adjacent to
the asphalt road. The area to be used for dewatering has been a grassed/mowed area for the community to access the lake over the years. According to the same study, the watershed is
approximately 50 % forested or undeveloped and 50 % residential, commercial or industrial. Much of the land adjacent to the Cullasaja River and it tributaries has been cleared of riparian
vegetation by development in the watershed. The watershed continues to experience rapid growth and development due to increasing popularity as a retirement and vacation community.
Only 13 % of the watershed is in the National Forest. The majority of the acreage in the watershed is privately owned, and 40 % of the watershed is located within the town limits of
Highlands, NC. Point and non -point sources of wastewater are existing in the watershed with the urban area directly upstream and residential housing throughout the watershed (many
with aging septic systems). No previous dredging or sediment removal has taken place within the lake, and sediment survey data suggests more than 100,000 cubic yards of sediment are
within the lake at this time.
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:
5.43
4g. List the total estimated linear feet of all existing streams on the property:
0 (property is composed of the lake itself)
4h. Explain the purpose of the proposed project:
The purpose of the project is to remove the accumulated sediment from the lake. Removing sediment will restore impaired aquatic habitat, reduce water temperatures, increase dissolved
oxygen, increase storage capacity (reduce flooding), improve recreational activities, improve aesthetics, and increase the value of a community asset. Sediment will be removed from the
lake and disposed of in an off -site, upland location.
4L Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will involve dredging the sediment from the lake. The primary method will utilize a hydraulic cutterhead dredge. The dredge will access the lake via an existing boat ramp. It
floats on the water and "vacuums" the silt from the lake using a cutterhead that gathers the silt into the pipe connected to a pump. The pump then transports the silt in a sealed (HDPE,
plastic, 6 inch diameter) pipeline to a dewatering location. The dewatering location will contain a dewatering system. The dewatering system will be a geosynthetic tube that collects the
slurry. The silt is separated from the water before the clean water is returned to the lake. The clean water is collected on a plastic sheet to prevent any erosion at the site. A mechanical
dewatering device may also be in place to aid in separation of coarse sediment particles. A polymer injection system (using NSF approved materials) may also be used to aid in the
separation of silt and clay particles from the slurry within the tube. Turbidity curtains within the lake may also be deployed if necessary to improve water clarity within the limited
work/discharge zone. Once the dewatering system is at capacity (full), a drying time will allow the excess water to drain from the silt. The tube will be cut open so that the dried silt can be
removed with an excavator and loaded in sealed dump trucks for transport off -site. Another cycle will be completed with a new tube at this time. These cycles will continue until the target
volume of sediment is removed from the lake. The impacts from the access are very minimal because of the existing access being present. The impact from the dewatering area is
minimized because of the small footprint (100'x30' area for the tube plus the edges), and the area is already cleared (no trees, only grass). The dewatering area will be restored to its
current condition once the project is complete. The dredge is very limited because the sediment that is touches is the sediment that it removes. It is a precise technique that impacts only
the area targeted in a surgical manner. This method has been proven in many similar situations and is a very effective, low impact method.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No
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):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes 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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
4. Open Water Impacts

4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Sediment Removal
T
Mirror Lake
Dredging :111-ake
32A0
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
32.00 0.00
4g. Total open water impacts:
32.00
4h. Comments:
Dredging of the lake and discharge of the water back into the same lake once the sediment is removed; Dewatering will utilize the temporary use of less
than 1 acre adjacent to the lake
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Not draining the lake completely which would increase the impact on aquatic life.
Not dredging or siphoning sediment as a "pass-thru" technique that discharges sediment past the dam to downstream waters
Not clearing highly erodible/steep land for dewatering purposes
No buffer clearing for access along the edge of the lake around the whole boundary
No permanent disturbances and very little temporary disturbance
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Selecting the proper dredge size to reduce impact at the expense of production
Proper dewatering techniques and technology
Surgical approach to dredging
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:
This project restores and rehabilitates the impacts that are impairing the waters by excessive sedimentation. The project avoids and minimizes any other effects in the process.
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?
Yes No
If no, explain why:
The only flow created is the return water from the dredging process back into the lake. This water is collected on a plastic sheet to prevent any erosion from the dewatering area and
returned tot he lake without flowing/eroding the soil beneath the plastic.
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
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
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
Q
L

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.
This is not a project related to development but instead is restoring water quality.
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
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
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?
NOAA EFH 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?"
HPO Mapping suggests that the project is within the "Mirror Lake Historic District"; However, the restoration of the lake will not negatively impact the
district but is instead an attempt to help preserve the community and it's resource. We are only removing recent sediment/silt and no historical/cultural
materials.
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:
The project does not involve and permanent structures. The project is designed to be done within the water and floodplain.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Map - The project is within the lake which is within the boundary. However, the project will increase the water storage capacity and therefore may
decrease flooding.
Miscellaneous O

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
23-012 P01 020223.pdf 8.73MB
File must be PDF or KMZ
Comments
Please see the attached plan sheet for a detailed description of the project site.
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:
John Bryant
Signature
�%r,�rylart
Date
6/27/2023
M