HomeMy WebLinkAbout20151281 Ver 1_401 Application_20151215T.E. ALLEN ENGINEERING, P.C.
Post Office Box 103
Rosman, North Carolina 28772
Phone (828) 877-4883 Firm # C-1997 Mobile (828) 553-3004
November 24, 2015
SUBJECT: Pre -Construction Notification (PCN) Application Form for 401/404 Permits
for New Boulder Seawall at Terrell Residence, 451 S. East Shore Drive, Lake Toxaway
Estates, Lake Toxaway, Transylvania County, NC
NC DWQ, 401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear DWQ:
Enclosed, please find five (5) copies of the 401/404 application (PCN form). A check
for the application review fee is also enclosed. This project is for 200 lienar feet of new
boulder seawall to replace the existing failed and eroded seawall at the Lee & Suzie
Terrell Residence, 451 S East Shore Drive, Lake Toxaway Estates, Lake Toxaway, North
Carolina. The new boulder seawall shall be in accordance with Sheets C-1, C-2 and C-3.
Lake Toxaway has a water quality classification of B; Tr.
All disturbed areas not to be filled or flooded will be vegetated pursuant to the
seeding schedule in the Erosion and Sediment Control Planning and Design Manual. If
you have any questions or require any additional information, please do not hesitate to
contact me at (828) 877-4883 or email tealleneng Qcitcom.net.
Sincerely,
TeMk Allen, P.E.
Consulting Engineer
Enclosures 5 copies of 401/404 PCN Application Form
Check for application review fee
RECEIVED
DEC 111015
Copy Furnish w/ attachment:
401 PERMITTING
Mr. Tim Fox
NCDENR Division of Water Quality
2090 US Hwy 70
Swannanoa, NC 28778
828-296-4500
NC FISH & WILDLIFE PERMITTING
Andrea Leslie
Mountain Habitat Conservation Coordinator
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
828-400-4223
USACE 404 PERMITTING
Mr. David Brown
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Ave, Room 208
Asheville, NC 28801-5006
Office Use Only:
Corps action ID no
DWQ project no.
Form Version 1.3 Dec 10
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing 410
1 a.
Type(s) of approval sought from the
Corps:
2 8
FN Section 404 Permit ❑Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 13 - New Bank Stabilization or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
1 d
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
1 e.
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
1 g.
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below.
❑ Yes ® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a.
Name of project,
New Boulder Seawall for Lee & Suzie Terrell i
2b.
County-
Transylvania '
2c.
Nearest municipality / town:
Brevard I
2d.
Subdivision name:
Lake Toxaway I
2e.
poo project noonly, T.I.P. or state
/ R L C E V-0
3.
Owner Information 15
DEC 11201
3a.
Name(s) on Recorded Deed:
oil
EFA Properties, LLC
3b.
Deed Book and Page No.
Book 734 Page 428 [)ENR -LAND. Q+U,-,L ITYCTnMh A -1--
n,. -,.--3c.
3c.
Responsible Party (for LLC if
applicable) -
3d
Street address.
451 East Shore Drive (B -A L52&54)
3e.
City, state, zip:
Lake Toxaway, NC 28747
3f.
Telephone no.:
(954) 785-3784
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
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 E. 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 2 of 11
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):
8522-13-9877-000
1 b. Site coordinates (in decimal degrees):
Latitude: 35.12515 Longitude: - 82.94073
(DD DDDDDD) (-DD DDDDDD)
1c. Property size:
0.89 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Lake Toxaway
proposed project:
2b. Water Quality Classification of nearest receiving water:
B, Trout
2c. River basin:
Savannah
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 is an existing 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.
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:
Removed existing failed and eroded seawall and install 200 Linear Feet (+/-) of new Boulder Seawall in accordance with
the attached Detail Sheets C-1, C-2 and C-3. NWP #13 - for new bank stabilization impacts.
3e. Describe the overall project in detail, including the type of equipment to be used:
The existing seawall has failed and shoreline has eroded. This project shall include the installation of 200 Linear Feet
) of new Boulder Seawall. All seawall work shall be in accordance with the attached Sheets C-1, C-2 and C-3. Work will
be performed in -the -dry during the 2015-2016 Lake Drawdown.
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑Yes ®No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑ Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
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
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
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 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
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 5 of 11
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.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
Furnish and install 200 LF (+/-) of
01 ®P ❑ T
Lake Toxaway
new Boulder Seawall
200 FT x 4 FT
Lake
0.02 Acres
Temporary Disturbance
02 [-]POT
Lake Toxaway
of dry lake bed in front of wall
Lake
0.02 Acres
for construction work area
200 FT x 4 FT
03 ❑P❑T
04 ❑ PEI T
4L Total open water impacts
0.04 Acres
4g. Comments: Work will be accomplished "in the dry" while the lake level is down. Excavation with small excavator with
minimual incidental fall back.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
of pond
P1
P2
517. 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 6 of 11
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.
❑ Neuse E] Tar -Pamlico E] Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
—required?
El Yes
B1 ®P❑T
❑ No
B2 ❑P❑T
El Yes
❑ No
El Yes
B3 ❑P❑T
❑ 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.
Work will be performed during a scheduled lake drawdown to minimize contact with surface waters. Excavation is the
minimum amount necessary to install seawall.
1 b. 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
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
❑Payment to in -lieu fee program
projects
❑ 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 7 of 11
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 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
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:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
El Yes El No
attached?
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 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
El Yes
® No
use of public (federal/state) land?
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
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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
F1 Yes
E] No
letter.)
Comments.
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,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
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
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
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 10 of 11
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
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ 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
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
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?
Suzanne Terrell
EFA Properties, LLC
plicant/Agent's ignature
Date
Applicant/Agent's Printed Name
(Agent's sign ture i valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
NEW BOULDER SEAWALL
Lee o Suzoe UeTnH RazMeflce
4513. EaM Shore DAws, Lake Umam ay9 HC
GENERAL NOTES:
1.0 All work shall be in accordance with North Carolina State
Residential Building Code, OSHA Safety and Health Requirements, US
Army Corps of Engineers 404 permit requirements, NCDENR Division of
Water Quality 401 permit requirements, NC Sedimentation Pollution
Control Act, and all other applicable codes, ordinances, and
regulations. The Contractor shall coordinate all work with the Lake
Toxaway Operations Manager, 16801 Rosman Hwy, Lake Toxaway, NC
28747.
2.0 Contractor shall verify and establish all Elevations prior to
beginning work. Contractor shall obtain all required permits prior to
beginning work. Contractor shall locate all property boundaries prior
to beginning work. Contractor shall locate, flag and protect all
underground utilities prior to beginning work. Do not locate any part
of the work within any right—of—way, set back, encroachment,
easement, trout stream buffer zone (or other buffer zone or set
bock), unless permitted to do so. Do not allow fresh concrete to
contact lake waters.
3.0 All footers and slabs shall bear on satisfactory insitu material
having a minimum bearing capacity of 2000 psf. No portions of the
foundation shall bear of fill dirt or fill soil. Contractor shall verify
that the site has stable geotechnical conditions. Top of footings
shall be located below the frost line. Footings shall be stepped
where it is necessary to change the elevation of the top surface of
the footings or where the slope of the bottom surface of the
footings will exceed 0.1 unit vertical in ten units horizontal (1% slope)
4.0 Where suspect foundation conditions are encountered, additional
over excavation may be required. This work may include:
4.1 Dewater excavation.
4.2 Excavate suspect subgrade down to satisfactory insitu material
having a minimum bearing capacity of 2000 PSF.
4.3 Line excavation with a geotechnical fabric equal to Mirafi 50OX
4.4 Backfill excavation to the desired subgrade elevation with #57
clean stone.
4.5 Provide 6 mil poly between stone and concrete.
4.6 Construct foundation in accordance with the foundation plan
designed by others.
5.0 The Contractor shall exercise care to preserve the natural
landscape and waterways and shall conduct the work so as to
prevent any unnecessary destruction, scaring, or defacing of the
natural surroundings in the vicinity of the work. All unnecessary
destruction, scarring, damage or defacing of the natural landscape
shall be corrected at the contractor's expense.
6.0 All construction materials and debris shall be removed from the
site upon completion of the project and the area shall be graded
such that all surfaces drain naturally, blend with the natural terrain,
and are left in a condition that facilitate sown ground covers and
natural revegetation.
7.0 The Contractor's activities shall be performed by methods thal
will prevent entrance, or accidental spillage, of solid matter,
contaminants, debris, or other pollutants and wastes into streams,
flowing or dry watercourses, lakes or underground water sources.
8.0 Runoff and discharge shall be monitored to insure that no
sediment is discharged to the downstream watercourse.
9.0 TURBIDITY CONTROL. The Contractor shall not violated water
quality stream standards during the performance of this work. The
Turbidity Level in the lake waters shall not exceed 10 NTUs at any
time during performance of this work pursuant to 15A NCAC 02B.0211
(3)(k). The Contractor shall employ any and all methods necessary to
prevent a violation of the Turbidity Standards. These measures
include, but are not limited to; turbidity curtains around the work,
haybails, silt fence, stone check dams, etc. Where turbidity curtain
are necessary, curtains shall remain in place until the turbidity in the
work areas return to original background levels.
10.0 HABITAT CONSERVATION. Shallow water bottom and complex
shoreline structure, most notably fallen trees and other large woody
debris (LWD), are important spawning and foraging habitats for
various sunfish, largemouth bass, and other fishes in the lake. They
are also used by many reptiles and birds for perching, basking, and
foraging areas. These areas shall be preserved to the largest exteni
possible. Such habitat shall only be removed in areas where it
creates a hazard to watercraft navigation and only to the controlling
depth in the navigation channels.
CONDITION FOR USE OF THIS PLAN — By accepting this plan, you and
any others to whom it is distributed, agree to a strict limitation of
liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its
employees to an amount not to exceed the fee paid in hand.
Preliminary — Not for Construction
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IMPACTS BELOW NORMAL POOL ELEVATION
Seawall
200 Ft x 4 Ft
Temporary Disturbance
of dry lake bed in front of wall
for construction work area
200 FT x 4 FT
= 800 SF
= 800 SF
TOTAL IMPACT = 1600 SF (0.04 Acres)
EQUIPMENT LIST
Bobcat 330 Trackhoe (or equal)
11.0 A Trout Buffer Variance is not anticipated to be necessary.
However, if during the course of the work it is determined that more
that 10% of the trout buffer may be disturbed, the Contractor shall
prepare and submit a Variance request pursuant to 15A NCAC
048.0125. This variance shall be made to the NCDENR — Division of
Land Resources.
11.1 TROUT STREAM BUFFER REQUIREMENTS — No land disturbing
activity during periods of construction or improvements to land shall
be permitted in proximity to a lake or natural watercourse unless a
buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the twenty—five
percent (25%) of the buffer zone nearest the land disturbing
activity. Waters that have been classified as trout waters by the
Environmental Management Commission shall have an undisturbed
buffer zone 25 feet wide or of sufficient width to confine visible
siltation within the twenty—five percent (25%) of the buffer zone
nearest the land disturbing activity, whichever is greater. Provided,
however, that the Sedimentation Control Authority may approve plans
which include land disturbing activity along trout waters when the
duration of said disturbance would be temporary and the extent of
said disturbance would be minimal. All tributaries to trout streams
(named and unnamed) take on the trout classification, unless the
tributaries have another specified water quality classification.
11.1.1 The 25 foot trout buffer zone shall be measured from the top
of bank.
11.1.2 The disturbance is temporary and minimal when the
disturbance is limited to a maximum of 10% of the buffer zone within
the tract such that no more than 100 linear feet of disturbance
occurs in every 1000 feet of buffer zone. These disturbances can be
approved by the NCDENR Land Quality Regional Office staff on an
Erosion Control Plan and no variance is needed. Most of these types
of disturbances are for such activities such as bridge construction,
culvert installation, and installation of sewer and utility lines
perpendicular to the trout stream.
11.1.3 Longer lengths of the buffer zone may be disturbed with the
approval of the NCDENR Division of Land Resources Director.
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