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HomeMy WebLinkAbout20240004 Ver 1_ePCN Application_20231215DWR 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. 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 Version# * 20240004 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Andrew Moore:andrew.w.moore Information for Initial Review la. Name of project: Roe Bulkhead & Boat House 1a. Who is the Primary Contact? * Emma Joyner 1b. Primary Contact Email: * 1c. Primary Contact Phone:* ejoyner45@gmail.com (717)798-0710 Date Submitted 12/15/2023 Nearest Body of Water Toxaway River (Lake Toxaway Basin Savannah Water Classification B: Tr Site Coordinates Latitude: Longitude: 35.13779-82.93913 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Transylvania Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No `I 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): 1d. 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 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: Robert & Karen Roe 2b. Deed book and page no.: 001054/000299 or F10/56 2c. Contact Person: 2d.Address Street Address 140 Venetian Dr Address Line 2 city Delray Beach Postal / Zip Code 33483 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region FL Country us Yes No Yes No 2e. Telephone Number: (954)325-9752 2g. Email Address:* rkroe@bellsouth.net 3. Applicant Information (if different from owner) 3a. Name: Emma Joyner 3b. Business Name: Engineering of Brevard, PLLC 3c.Address Street Address PO Box 202 Address Line 2 City Brevard Postal / Zip Code 2871 3d. Telephone Number: (717)798-0710 3f. Email Address: ejoyner45@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Lake Toxaway 2. Project Identification 2a. Property Identification Number: 8522-28-6442-000 2c. Project Address Street Address 74 Toxaway Landing Drive Address Line 2 City Lake Toxaway Postal / Zip Code 28747 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Toxaway River (Lake Toxaway 3b. Water Resources Classification of nearest receiving water: B; Tr 3c. What river basin(s) is your project located in?* Savannah 3d. Please provide the 12-digit HUC in which the project is located. 030601010101 4. Project Description and History 2f. Fax Number: State / Province / Region NC Country US 3e. Fax Number: 2b. Property size: 0.249 State / Province / Region NC Country US 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: Single Family residential home with maintained lawn and existing wood & masonry bulkhead(Sea wall). 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown a 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:" Replace existing bulkhead (seawall) that is starting to fail and add a boat house to the property. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * 1. Obtain all necessary Permits for required work 2. Conduct on -site, pre -construction meeting 3. The existing wood dock is to be removed 4. Establish a Bench -Mark elevation on site and confirm Lake water -level. 5. Coffer Dam (precast concrete & waterproof liner) to be placed approximately 12 ft beyond the existing bulkhead/sea-wall, and 4 ft beyond at the two side of the construction area. This is to allow room for the new dock to be built during the same construction. An excavator placed on the shore will be used. Total of 800 cubic feet of fill / pre -cast concrete will be used to construct the coffer dam. 6. With coffer dam and waterproofing in place, the water is to be pump out with use of skimmer (Faircloth style) to draw from water surface. Water will be pumped back into the lake. 7. Install silt fencing and any other erosion control measures 8. Once the coffer dam basin has been drained and general water seal confirmed, the existing bulkhead/sea-wall is to be removed by an excavator 9. With the existing bulkhead/sea-wall and any foundation removed, the area is to be excavated to -18" below lake bottom. Including the new area for the boat house. 10. A non -woven filter fabric will be placed in the excavated trench, and -6" of #57 stone base -6 ft wide is to be placed as the new foundation 11. Pre -cast (Redi-Rock style) blocks are to be placed by an excavator above the new stone foundation. All blocks to be leveled and plumbed. 12. The top course of pre -cast block will stop 6-12" below the standard lake surface. 13. The final -18" of bulkhead wall will consist of natural boulders (300-1,500 Ibs) and a natural stone cap 14. The non -woven filter fabric will be layed against the exposed earthen bank and the new bulkhead wall will be backfilled with #57 stone as shown in the design detail 15. The filter fabric will be cut off near the surface 16. A rip rap or river rock protection mat (armor stone) (attempt to re -use existing rock) will be placed on the lake floor at the base of the new bulkhead wall 17. Water will be allowed to re -flood the work area 18. The coffer dam is to be removed by the excavator 19. A new dock is to be constructed of similar size as the existing 20. All fencing is to be removed and the area above the new bulkhead wall is to be re -landscaped with natural rocks and indigenous vegetation. Grasses within the first 4It of the new wall are to be avoided. 21. Job Complete 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 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 U Buffers Open Waters Pond Construction 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 714b. Impact type 4c. Name of waterbody 4d. Activity type _114e. Waterbody type 4f. Impact area Bulkhead 1 Shore Stabilization T Lake Toxaway Bulkheads Lake 0.01 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.01 0.00 4g. Total open water impacts: 0.01 4h. Comments: 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: This project is to replace a failing sea wall and build a new boat house area. The existing wall was built from stone that has begun to settle and lean. If this wall is not repaired/replaced, it will eventually collapse into the lake and release the soils retained behind it. The new permanent bulkhead will be placed on an adequate stone foundation and will use a 60" broad concrete base layer to better distribute the weight of the bulkhead to the earth. #57 stone backfill is being used to allow ground water to slowly pass thru the bulkhead and enter the lake. A filter fabric is being used to separate the retained earth from the #57 drainage stone and minimize passage of sediment. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: If the lake levels are not dropped a temporary cofferdam will be utilized to allow the work to be accomplished 'in the dry'. The temporary cofferdam will utilize 0.018 acres of temporary fill material, that will be removed from the site once the project is completed. A skimmer (Faircloth style) is being used to allow sediment to drop to the bottom of the work basin. This draws cleanest water from the surface. In addition, a precast concrete wall design is being used to accelerate the project schedule and minimize the time during which the construction site is exposed severe weather. 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: 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: Based off the NC Riparian Buffer Protection rules, I believe the work being completed is not within the protect riparian buffer areas. 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 3. Cumulative Impacts (DWR Requirement) O O 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 replacing an already existing bulkhead and adding a boat house to a residential property. No future additional development will be done. 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? The DEQ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?" Yes No Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? The DEQ 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? http://gis.ncdcr.gov/hpoweb/ 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: Certification of no -rise impact by professional engineer 8c. What source(s) did you use to make the floodplain determination? FEMA and hftps://msc.fema.gov/portal/search 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 Existing Site Pictures.pdf 1.2MB 74 Toxaway Landing Or - Agent Authorization Form. pdf 222.45KB 23-455 - 74 Toxaway Landing - Seawall Replacement.pdf 3.72MB File must be PDF or KMZ Comments 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: Emma Joyner Signature 15-11-14 AT—t Date 12/15/2023 0