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HomeMy WebLinkAbout20231423 Ver 1_ePCN Application_20231016DW R Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 10/25/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned 20231423 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Asheville Regional Office - (828) 296-4500 Information for Initial Review 1a. Name of project: Upstream Slope Repairs at Slick Rock Mountain Dam 1a. Who is the Primary Contact?* Terry Allen 1b. Primary Contact Email: * tealleneng@comporium.net Date Submitted 10/16/2023 Nearest Body of Water Long Branch and Carson Creek Basin French Broad Water Classification B, Tr Site Coordinates Latitude: 35.1621 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Transylvania Longitude: -82.7044 Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joey Winston:Joey.Winston 1c. Primary Contact Phone: * (828)553-3004 $570.00 $767.00 G Is this a NCDMS Project Yes No 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 1b. What type(s) 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: 03 - Maintenance NWP Numbers (for multiple NWPS): NWP-3 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 1g. 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 2a. Name(s) on recorded deed: Slick Rock Mountain Property Owners. Inc. 2b. Deed book and page no.: 01 /1900 2c. Contact Person: Jonathan P. Pearson 2d. Address Street Address 649-725 Lake Road Address Line 2 City Brevard Postal / Zip Code 28712 2e. Telephone Number: (828)553-3004 2g. Email Address:" tealleneng@comporium.net 4. Agent/Consultant (if applicable) 4a. Name: Terry E. Allen, PE 4b. Business Name: T.E. ALLEN ENGINEERING, PC 4c.Address Street Address P.O. Box 103 Address Line 2 city Rosman Postal / Zip Code 28772 4d. Telephone Number: (828)553-3004 4f. Email Address:" tealleneng@comporium.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) Slick Rock Mountain 1c. Nearest municipality / town: Brevard 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 8593-34-3701-000 6.86 2c. Project Address Street Address Slick Rock Lake (Long Lake) Address Line 2 649-725 Lake Road City State / Province / Region Brevard NC Postal / Zip Code Country 28712 Transylvania 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Long Branch and Carson Creek 3b. Water Resources Classification of nearest receiving water: B, Tr 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. 060101050201 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: " Repair upstream slope of earthen embankment by excavating a bench -cut and installing rip rap stone. See attached Sketches C-2 and C-3. 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 4g. List the total estimated linear feet of all existing streams on the property: 1000 Ft(+) 4h. Explain the purpose of the proposed project:" This Project is to repair a failed section of the upstream slope of the Slick Rock Mountain Dam by excavating a bench -cut and placing rip rap stone along a 250 FT +/- section of the Dam. New work to be in accordance with Sheets C1 through C3, and the State Dam Safety Office approved plans by Garner Engineering. The work will be performed "IN THE DRY" using silt curtains to isolate the work area and control turbidity. All temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and DESIGN MANUAL. All Trout Buffer disturbance shall be repaired in accordance with the NCDEQ-DLR Trout Buffer and Riparian Area planting requirements. See attached Sheet C3 for location of work. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:' The Lake Level will be lowered as shown on the Garner Plans (at a rate not to exceed 1-Ft per Day) to create a dry work area for performance of the work. Turbidity curtains shall be installed along the upstream side of the work area to prevent a increase in turbidity in the Lake waters during the construction period. The Contractor shall install all necessary erosion control and turbidity control measures necessary to incure the turbidity in the Lake or downstream waters does not exceed more than 10 NTUs above background or as otherwise specified in DWQ's Turbidity Standards (15A NCAC 02B.0211(3.)(k.)). 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 work 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. Provide additional rows of Turbidity Curtains (upstream side of work area) and Slit Fence (down stream side) at work area to as required maintian water quality standards. All temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and DESIGN MANUAL, amd in accordance with the Plans by Garner Engineering. No disturbance within existing Vegetated Trout Buffer. Provide Turbidity Curtains around work area to maintian water quality. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No C) Unknown 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): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?" Yes 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): 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 Repair Dam P Long Lake Other _11 Lake 0.06 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.06 4g. Total open water impacts: 0.06 4h. Comments: Impacts are necessary to repair and existing dam in accordance with NCDEQ-DLR Dam Safety Certificate of approval dated Aug 23, 2023 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: The work shall be performed during periods of "LOW FLOW". The Contractor shall monitor the weather forecasts. When severe weather and/or precipitation is forcasted, the Contractor shall stop work and stabilize and protect the work -in -progress from damage by flood water. 2.0 The work shall be performed during the Lake draw -down as specified on the Garner Plans. Minimum release to down stream waters shall be maintained at all times during the performance of this work. Turbidity Curtains shall be installed in addition to the Silt Fence specified on the Garner Plans. Turbidity Curtains to remain in place until work is complete and the turbidity in the work area is less than 10 NTUs above background. All temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and DESIGN MANUAL. 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 this project DOES NOT require Compensatory Mitigation, explain why: Does not meet minimum threshold for mitigation. 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: Project is a Dam Repair. 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 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) a 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. 1.0 The work shall be performed during periods of "LOW FLOW". The Contractor shall monitor the weather forecasts. When severe weather and/or precipitation is forcasted, the Contractor shall stop work and stabilize and protect the work -in -progress from damage by flood water. 2.0 The work shall be performed during the Lake draw -down as specified on the Garner Plans. Minimum release to down stream waters shall be maintained at all times during the performance of this work. Turbidity Curtains shall be installed in addition to the Silt Fence specified on the Garner Plans. Turbidity Curtains to remain in place untll work is complete and the turbidity in the work area is less than 10 NTUs above background. All temporary Erosion Control Measures shall be in accordance with the latest edition of the NC EROSION and SEDIMENT CONTROL PLANNING and DESIGN MANUAL. 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 Unknown 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 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? USACE 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? USACE and NCDEQ-DLR Dam Safety Inventory list 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? NCDEQ-DLR Dam Safety Inventory list 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? FEMA Miscellaneous 0 u 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 Cert of Approval - Slick Rock Mountain Dam.pdf 810.83KB PCN Form - NWP 3, Slick Rock Mtn Dam.pdf 344.42KB PCN Signature Page - Signed.pdf 91.48KB C1--09-24-2023.pdf 294.81KB C2 -- 09-24-2023.pdf 129.83KB C3 -- 09-24-2023.pdf 86.49KB C4 -- 09-24-2023.pdf File must be PDF or KMZ 115.15KB Comments This is a Dam Repair Project in Transylvania County, NC. The Owner's have been directed by the NCDEQ-DLR to perform the dam repairs described herein. This repairs will involve a small amount or riprap stone fill placed below the normal pool elevation of the Lake. 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: Terry E. Allen for Jonathan P. Pearson (see attached signature page) Signature I. s Date 10/16/2023 a