HomeMy WebLinkAbout20170039 Ver 1_401 Application_201701170-
T.E. ALLEN ENGINEERING, P.C.
Post Office Box 103
Rosman, North Carolina 28772
Phone (828) 877-4883 Firm # C-1997 Mobile (828) 553-3004
2 0 1 70 0 39
5r'edgring
® January 2, 2017
e -Construction Notification (PCN) Application Form for 401/404 Permits
t MirrorLake, Highlands, Macon County, North Carolina
NC DWQ, 401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear DWQ:
oC�C�G��IC
D
JA 1N 0 6 2017
DEQ -WATER RESOURCES
Enclosed, please find five (5) copies of the 401/404 application (PCN Form). A
check for the application review fee is also enclosed. This work is for dredging and
sediment removal at Mirror Lake, Highlands, Macon County, North Carolina. Sediment
removal is planned for various locations within Mirror Lake as shown on attached
Drawing Sheet C-5. Dredging shall not be performed below the natural lake bottom
elevation or beyond the original shoreline. The estimated volume of material to be
removed is approximately 73,000 cubic yards. The lake level shall be lowered to the
extent necessary to ensure that the sediment removal is performed in -the -dry. A
contractor provided upland disposal site with no return water and no loss of wetlands,
will be selected prior to beginning work and permitted under a separate PCN Application
as necessary.
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@citcom.net.
Sincerely, /
.f
Te . Ate' lien, PE, MSE
Consulting Engineer
Enclosures 5 copies of 401/404 PCN Application Form
Check for application review fee
Copy Furnish w/ attachment:
401 PERMITTING
Mr. Zan Price
NCDENR Division of Water Quality
2090 US Hwy 70
Swannanoa, NC 28778
828-296-4500
NC FISH & WILDLIFE PERMITTING
NC Wildlife Res. Commission
Attention: Andrea Leslie
645 Fish Hatchery Rd.
Marion, NC 28752
USACE 404 PERMITTING
Mr. David Brown
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Ave, Room 208
Asheville, NC 28801-5006
o�oF W ArF9 pG Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 3 - for Temporary Fill 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 Perrr
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ 401
because written approval is not required? Certification:
❑ 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.
For the record
o12 IN0W
Responsible Party (for LLC if
iAN 0 6' 2017
n
Cc°
401 & BUFFER PERMITTIN
❑ Yes ® No
❑ Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No
2. Project Information
2a. Name of project: Dredging & Sediment Removal at Mirror Lake
2b. County: Macon
2c. Nearest municipality / town: Town of Highlands
2d. Subdivision name: Mirror Lake
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Mirror Lake Imporvement Association, Inc. (POC; Mr. Paul Wilgus)
3b. Deed Book and Page No. NA
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
1155 Hickory Hill Road
3e.
City, state, zip:
Highlands, NC 28741
3f.
Telephone no.:
404-966-8142
3g.
Fax no.:
3h.
Email address:
pwilgus@att.net
Page 1 of 13
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 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 13
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):
No PIN number available for Mirror Lake
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.064651 Longitude: - 82.20804
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
27 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Cullasaja River (MIRROR LAKE)
proposed project:
Cullasaja River (MIRROR LAKE); Classification: WS-
III;Tr, 303(d) Listed Impaired, Category 5.
According to the NCDEQ-DWR Integrated Report, the
receiving waters, below the Mirror Lake Dam are part of
2b.
Water Quality Classification of nearest receiving water:
the Cullasaja River and have a water quality classification
of WS-III;Tr,CA with Potential Standards Violation for
Turbidity, from the backwaters of Lake Sequoyah to Dam
at Lake Sequoyah. It is noted that "Potential Standards
Violation for Turbidity" exists prior to any work being
performed at Mirror Lake.
2c.
River basin:
Little Tennessee River Basin
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
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:
Mirror Lake is located in The Little Tennessee River Basin, Upper Cullasaja River Watershed, in Macon County, North
Carolina. The Cullasaja River is a tributary to the Little Tennessee River located in southeastern Macon County. The
watershed includes the Town of Highlands, which includes tourist and second -home communities. The Upper Cullasaja
watershed can be divided into four sub -watersheds of the four main tributaries of the Highlands Plateau: Big Creek, Mill
Creek, Monger Creek and the Cullasaja River which flow from their headwaters into Lake Sequoyah. Mirror Lake is
located upstream of Lake Sequoyah and is fed directly by the Cullasaja River and Mill Creek. Mill Creek runs through
downtown Highlands. A large amount of sediment has accumulated in Mirror Lake that has impacted the overall water
quality of the Lake.
The NCDEQ-DWR Integrated Report online map lists a portion of the Cullasaja River (upper 0.7 miles of MIRROR LAKE)
as Category 5 Impaired Waters [303(d) List] . From 0.6 miles downstream of US64 (head of Mirror Lake) to MIRROR
LAKE. Category 5 Assessments Approved by EPA August 10, 2012. From the 303(d) List;
Use: Aquatic Life
Reason for Rating: Fair Bioclassification
Parameter: Ecological/biological Integrity Benthos
Year: 1998
According to the NCDEQ-DWR NC Integrated Report, the receiving waters, below the Mirror Lake Dam are part of the
Cullasaja River and have a water quality classification of WS-III;Tr,CA with Potential Standards Violation for Turbidity,
from the backwaters of Lake Sequoyah to Dam at Lake Sequoyah. It is noted that "Potential Standards Violation for
Turbidity" exists prior to any Dredging or sediment removal work being performed at Mirror Lake.
3b. List the total estimated acreage of all existing wetlands on the property:
NA
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
The Surface Area of the Mirror Lake Impoundment is approximate 27 Acres.
The Original design Impoundment Volume was approximately 230 Acre -Feet. However, this storage is likely to be much
less at the present due to sediment accumulation.
3d. Explain the purpose of the proposed project:
This Project is for Dredging at Mirror Lake, Highlands, North Carolina. Large amounts of sediment have accumulated
throughout Mirror Lake to the point where the water quality has become impaired. The upper portion of Mirror Lake is
listed on the 303(d) list and having a Category 5 Impairment. Sediment removal is necessary to improve water quality
and restore use and function of the Lake.
Page 4 of 13
PCN Form —Version 1.3 December 10, 2008 Version
3e.
Describe the overall project in detail, including the type of equipment to be used:
DREDGING at MIRROR LAKE;
Sediment removal shall be performed at various locations within Mirror Lake as shown on attached Sheet C-5. The
dredging shall remove accumulated sediment within the limits of the Lake. Dredging shall not be performed below the
natural lake bottom elevation or beyond the original shoreline. The estimated volume of material to be removed is
approximately 73,000 cubic yards. The work may be performed in phases, where only a portion of the total estimated
quantity is removed. The lake level shall be lowered to the extent necessary to ensure that the sediment removal in
performed "in- the- dry", see attached Sheet C-1 thru C-6. Turbitidy curtains to be used around work area to prevent
turbidity. The drawdown fixtures (siphons and drain valve) shall have turbidity control devices as necessary to prevent
increased turbidity in the downstream waters.
METHOD of DREDGING;
Derdging and Sediment Removal shall be performed using one of the methods described in Section 11.0 on Sheet C-2 of
the attached plans. Only minimual incidental fall back during dredging. Upland disposal site with no return water and no
loss of wetlands, selected prior to beginning work and permitted under a separate PCN Application as necessaary.
TEMPORARY FILL - MUD MATS;
After the Lake level has been lowered, mud mats or timber mats may be used may be placed to create a stable work
platform. Mud mats and similar materials shall be considered as "temporary fill", and permitted as such. Temporary fills
must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills
must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by
temporary fills must be revegetated and restored as appropriate. It is anticipated that the used of temporary fill will
require a NWP 3 or other similar permit(s).
WATER QUALITY;
To comply with Water Quality requirements, the work will be performed in the dry. This will be accomplished by opening
the drain valve at Mirror Lake Dam, or by installing siphons across or around the Dam as needed to control the turbidity in
the draw -down water being discharged downstream. All dewatering discharge shall have a turbidity of not more than 10
NTUs above background or as otherwise specified in DWQ's Turbidity Standards (15A NCAC 02B.0211(3.)(k.)). To
satisfy the required turbidity limit, the dewatering siphons shall discharge shall be filtered through a Bag Filtration Unit
with a 100 to 1 micron nominal rating. 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 dredging 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.
See attached Sheets C-1 through C-6 for a complete description of the work.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ®No El Unknown
project (including all prior phases) in the past?
Comments:
4b.
If the Corps made the jurisdictional determination, what type
El Preliminary El 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 5 of 13
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.
UPLANDS DREDGE MATERIAL DISSPOSAL AREA;
The uplands dredge material disposal area will be selected, proposed and permitted by the Contractor under a separate
PCN application prior to beginning work. This will be a seperate PCN Application Form . All dredged or excavated
materials must be deposited and retained in an area that has no waters of the United States. All Dredge materials shall
be disposed of in an uplands disposal area suitable for accepting material from 303(d) listed Category 5 waters. The
uplands disposal area shall be self-contained and shall have no discharge of leachate or stormwater runoff into surface
waters or into groundwater, without treatment and detention prusuant to all applicable Federal, State and Local
requiremetns. Return water may be subject to the requirements of a Nation Wide Permit (NWP 16) and other State and
Local permitting requirements. Should the total disturbed area of the uplands disposal site exceed 1-Acre, a
Sedimentation & Erosion Control Permit will be required from the NCDEQ-Division of Land Resources and/or the local
erosion control authority depending on the location of the disposal site. An impervously liined disposal area is
recommended.
Page 6 of 13
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
❑ Corps
® No
®DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ 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 ❑ PET
Temporary Fill -
Mud Mats and
Cullasaja River
® PER
® Corps
200
450
Siphons
(MIRROR LAKE)
❑ INT
DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
450
3i. Comments: The temporary fill will include mud mats and the temporary drawdown siphons. All temporary fill shall be
removed at the dredging work is completed.
Page 7 of 13
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
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4E Total open water impacts
4g. Comments:
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)
number
of pond
Flooded
I Filled
I Excavated
Flooded
I Filled
I Excavated
Flooded
P1
P2
5f. 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:
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.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number — Reason
Permanent (P) or for
Temporary T impact
61 EP [-IT
B2 ❑P❑T
B3 ❑P❑T
6i. Comments:
❑ Neuse ❑ Tar -Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. I 6g.
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Dredging work will be performed in -the -dry after the Lake level has been lowered at a rated not exceeding 1-Ft/Day.
Turbidity curtains shall be used to isolate the work area. The turbidity curtains shall not be removed until the after construction
is complete and the turbidity level within the work area is less that 10 NTUs above background. Dredging / sediment removal
is minimum amount necessary to insure usable & navigable waters in the Lake.
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. Turbidity curtains will be used around the dredging areas. The upland disposal areas for the dredge spoils will
have no return water and there will be no wetlands impacted.
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 yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
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.
Page 9 of 13
PCN Form — Version 1.3 December 10, 2008 Version
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
❑ Yes ❑ No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. 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
❑ Yes ❑ 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 11 of 13
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
❑ 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)?
1 c.
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
❑ Yes
❑ 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 12 of 13
PCN Form — Version 1.3 December 10, 2008 Version
S. 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?
El 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?
Mr. Paul Wilgus
for Mirror Lake Improvement
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Association, Inc.
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Applicant/Agent'si nature
Date
Applicant/Agent's Printed Name
(Agent's signature is valid only if an authoi tion letter from the applicant
is provided.)
Page 13 of 13
PCN Form —Version 1.3 December 10, 2008 Version
THIS ENGINEERING DOCUMENT
SHALL BE USED ONLY FOR
THE DREDGING AT MIRROR
LAKE, HIGHLANDS, NC. THIS
DOCUMENT IS NOT
APPLICABLE FOR ANY OTHER
SITE.
GENERAL NOTES:
SUMER REMOWAL d MMOR LAKE
MIRROR LAKE IMPROULMLNT ASSOCIATION, INC,
1.0 SUMMARY. This Project is for Dredging at Mirror Lake, Highlands,
North Carolina. Limited sediment removal shall be performed at various
locations within Mirror Lake as shown on Sheet C-5. The dredging
shall remove accumulated sediment on the lake bottom. Dredging shall
not be performed below the original lake bottom elevation.
1.1 The estimated volume of material to be removed is approximately
73,000 cubic yards. The work may be performed in phases, where
only a portion of the total estimated quantity is removed.
2.0 As a result of the site evaluation, a number of observations have
been made and recommendations provided. It should be noted that
the observations and recommendations stated herein are based on
information available as of this writing. It is conceivable that
additional information may be forthcoming which bears on these
observations, recommendations and conclusions. The right is reserved,
therefore, to review and modify all observations, recommendations and
conclusions at any future point in time should, in fact, additional
information become available.
3.0 CODES. All work shall be in accordance with 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, North Carolina
State Building Code, Town of Highlands requirements, and all other
applicable codes, ordinances, and regulations.
4.0 PERMITS & NOTIFICATIONS. Prior to beginning work, the Owner
and/or Contractor shall obtain all required permits, rights—of—entry &
authorizations from adjacent property Owners, and Mirror Lake
Improvements Association Inc. The Owner and/or the contractor shall
notify the applicable regulatory agencies and any impacted downstream
property owners. Locate, flag and protect all underground and
underwater utilities and structures within the work area. Do not
perform work or locate any portion of the staging area within utility
easements, set—back, or R/W.
5.0 BACKGROUND. Mirror Lake is located in The Upper Cullasaja River
Watershed, in the Blue Ridge Mountains of Western North Carolina. The
Cullasaja River is a tributary to the Little Tennessee River located in
southeastern Macon County. The watershed includes the Town of
Highlands, which includes tourist and second—home communities. The
Upper Cullasaja watershed can be divided into four sub—watersheds of
the four main tributaries of the Highlands Plateau: Big Creek, Mill
Creek, Monger Creek and the Cullasaja River which flow from their
headwaters into Lake Sequoyah. Mirror Lake is located upstream of
Lake Sequoyah and is fed directly by the Cullasaja River and Mill Creek.
Mill Creek runs through downtown Highlands. A large amount of
sediment has accumulated in Mirror Lake.
6.0 WATER QUALITY CLASSIFICATIONS.
6.1 Upstream Waters — Cullasaja River. The Cullasaja River feeds
into Mirror Lake from the northwest. The upper (northwest) portion of
Mirror Lake is delineated as the Cullasaja River (Ravenel Lake) from 0.6
miles downstream of US 64 (head of Mirror lake) to Mirror Lake. This
portion of the river/lake has a NCDEQ Water Quality Classification of
WS—III;Tr. The waters are also listed as `impaired" on North Carolina's
Clean Water Act 303(d) list. AU Number: 2-21—(0.5)b. Overall IR
Cat.: 5.
6.2 Upstream Waters — Mill Creek. Mill Creek feeds into the Mirror
Lake from the southwest. Mill Creek, from source to Mirror Lake /
Cullasaja River, has a NCDEQ Water Quality Classification of WS—III; Tr
The waters are also listed as 'impaired" on North Carolina's Clean
Water Act 303(d) list. AU Number: 2-21-3. Overall IR Cat.: 5.
6.3 Downstream Receiving Waters — Cullosa,ia River. The waters
immediately downstream of Mirror Lake are identified as the Cullasaja
River (Lake Sequoyah), from backwaters of Lake Sequoyah to the dam
at Lake Sequoyah. This portion of the Cullasaja River has a NCDEQ
Water Quality Classification of WS—III;Tr,CA. These waters do not
appear to be listed as 'impaired" on the State's 303(d) list.
7.0 LAKE LOWERING. Lake lowering shall be performed by the
Contractor by opening the existing bottom drain valve at the Mirror
Lake Dam. The Contractor shall notify the Mirror Lake Improvement
Association Inc., NCDEQ—Division of Water Resources, USACE Wilmington
District Asheville Regulatory Field Office, and downstream property
Owners Association 14 days prior to the scheduled Lake Lowering. The
rate of draw—down shall not exceed one (1) vertical foot per day (1
Ft/Day). After dredging is complete the Lake shall be refilled to its
normal pool elevation while maintaining minimum flow to the
downstream waters at all times.
Sediment must be prevented from
reaching surface waters during the Lake
drawdown. The withdrawal fixture should
be placed as necessary to prevent the
release of sediment or the increase in
turbidity.
8.0 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 on amount
PRELIMINARY
not to exceed the fee paid in hand.
DO NOT
USE FOR
CONSTRUCTION
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9.0 TURBIDITY CONTROL DURING LAKE LOWERING. The discharge shall
be monitored for turbidity. The Turbidity Level of the discharge water
shall not exceed 10 NTUs above background at any time during
performance of this work pursuant to 15A NCAC 02B.0211 (3)(k).
Where this turbidity requirement can not be met by discharge from
the existing bottom drain valve, the Contractor shall furnish and
install temporary siphons to drawdown the Lake level. The siphon
inlet invert shall be located at mid depth of the water column to
prevent discharge of bottom sediment.
10.0 MINIMUM FLOW DISCHARGE. Minimum flow to the downstream
waters shall be maintained at all time during the performance of this
work.
11.0 METHOD OF DREDGING. The dredging shall be performed
"in—the—dry" by mechanical means after the Lake level has been
lowered. The Contractor shall furnish all necessary dredging and
earthwork equipment. This method requires an excavator to remove
the sediment in one continuous move or operation, in such a way
that the material is not double handled within the Lake bed or at a
location below the normal pool elevation.
11.1 DOZER PUSH METHOD. The Contractor shall used a bulldozer to
push a layer of accumulated sediment from the Lake bed to a
location beyond the normal pool elevation, delineated as the shoreline
at high water, in one continuous move or pass. If the equipment
operator stops this continuous motion within the Lake bed during a
pass or lift, then the operation and/or the responsible parties may
be in violation of federal law. Once the material is push out of the
Lake bed in one continuous operation, then the material may then be
temporarily stockpiled for loading onto dump trucks with watertight
bed liners for transport to the uplands disposal area. There shall be
no temporary stockpiles of sediment within the limits of the Lake
bed.
11.2 TRAVELING EXCAVATOR METHOD. The Contractor shall use a
trackhoe or other suitable bucket excavator to excavate the sediment
and transport each bucket load to a location beyond the normal pool
elevation, delineated as the shoreline at high water, in one continuous
move. Once the excavator scopes a bucket of sediment, the
excavator shall travel continuously non stop to the loading area
beyond the limits of the Lake bed before stopping. Once the
sediment is excavated and transported beyond the limits of the Lake
bed in one continuous operation, the material shall be directly loaded
into dump trucks with a watertight bed for transport to the offsite
disposal area. The excavator must perform a continuous move or
operation without stopping or doubling handling the material within
the limits of the Lake bed. If the equipment operator stops this
motion during a pass or lift, then the operation and/or the
responsible parties may be in violation of federal law. There shall be
no temporary stockpiles of sediment within the limits of the Lake
bed.
11.3 STATIONARY EXCAVATOR METHOD. Temporary timber mats may
be installed on the dry Lake bed and dump trucks may travel to the
excavation site where the trucks may be loaded directly by the
excavator in one continuous move or operation without stopping or
doubling handling the material within the limits of the Lake bed.
Where the Lake bed is to soft to support low ground pressure (LGP)
equipment, temporary timber mud mats may be placed to create a
stable work platform. The timber mats will be considered as a
emperor fill in the PCN Form and permitted accordingly. Once the
excavator scopes a bucket of sediment, the excavator shall load the
waiting dump truck with one continuous movement. Once the dump
truck is loaded, it shall travel continuously beyond the limits of the
Lake bed. There shall be no temporary stockpiles or doubling
handling of excavated material within the limits of the Lake bed. If
the equipment operator or truck driver stops this continuous motion
during excavation, loading and transport, then the operation and/or
the responsible parties may be in violation of federal law. Once the
material is excavated and loaded in one continuous nonstop operation,
the material shall be transported to the uplands disposal area.
11.3.1 TEMPORARY FILL — MUD MATS. Mud mats or timber mats
may be used may be placed to create a stable work platform.
Temporary fills must consist of materials, and be placed in a manner,
that will not be eroded by expected high flows. Temporary fills must
be removed in their entirety and the affected areas returned to
pre—construction elevations. The areas affected by temporary fills
must be revegetated and restored as appropriate.
11.4 WORK FROM SHORE METHOD. Near shore sediment removal may
be accomplished using shore based excavators. The dredging areas
will be limited to near shore locations that are within reach of a
"long—reach" track hoe. Excavated materials shall be placed in
adjacent dump trucks with watertight bed liners for transport to the
uplands disposal site. This method may be used when the Lake level
is at normal pool elevation, provided there is no spillage or fall—back
from the excavator during the sediment removal and a turbidity
curtain is provided around the work area.
12.0 INCIDENTAL FALLBACK. The Dredging methods described above
shall be performed in such a way as to minimize incidental fall back.
Incidental Fallback is could be defined as: "The incidental soil
movement from excavation, such as the soil that is disturbed when
dirt is shoveled, or back—spill that comes off a bucket and falls into
the same place from which it was removed.
'Incidental fallback' does not include soil
movements away from the original site.
Sidecasting.... and sloppy disposal practices
involving significant discharges into waters
have always been subject to section 404."
PRELIMINARY
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13.0 TESTING. Prior to beginning dredging and sediment removal,
samples from the accumulated sediment shall be collected and tested.
A minimum of six discrete samples collected to project depth and analyzed
separately for the following parameters:
7 Metals (arsenic, cadmium, copper, lead, mercury, selenium and zinc)
Polynuclear aromatic hydrocarbons (PNAs)
Polychlorinated biphenyls (PCBs)
Oil & Grease
Total Phosphorus
Nitrate + Nitrite
Ammonia—Nitrogen
Particle Size Analysis — Sieve and Hydrometer Analysis
Sampling and testing shall be in general accordance with USEPA document
entitled 'Methods for Collection, Storage and Manipulation of Sediments for
Chemical and Toxicological Analyses: Technical Manual" [USEPA, 2001].
12.1 The upper portion of Mirror Lake is listed on the 303(d) List as Impaired
waters.
14.0 MONITORING. Before work begins the downstream receiving
stream shall be evaluated. Depending on access, several monitoring
locations shall be established for determining the base—line condition of
the stream downstream waters. This may include initial cross sections
and photo documentation of these locations.
14.1 Downstream waters shall be monitoring periodically (minimum of
weekly) while work is being performed. All dredging and sediment
removal work shall be halted if an increase in downstream turbidity
exceeds 10 NTUs or if sediment is released. If sediment is released or
turbid waters persists, the DWQ will be notified within twenty four hours.
If sediment loss impacts the receiving stream then sediment removal
may be required under DWQ approval.
14.2 Monitor work being performed around the lake shore. The lake
level should be lowered at a rate not exceeding 1—Ft per day. Flow
to the receiving waters should not be removed or reduced to a level
detrimental to aquatic life. Owners and Contractors should expect
some increase in the lake level due to unusually severe storm events.
At the end of each work day, and other times when severe weather is
forecasted, all shore line work areas should be secured (by others)
against a rise in the water level.
14.3 Depending on the amount of time necessary to complete work,
sediment and erosion control measures may be necessary to stabilize
the exposed Lake bed.
14.4 When necessary, furnish and install sediment and/or turbidity
control measures at the discharge end of the bottom drain pipe, or at
the discharge end of the siphon.
15.0 PROTECTION OF LANDSCAPE. The Contractor shall exercise care
to preserve the natural landscape and waterways and shall conduct
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the dredging operations so as to prevent any unnecessary destruction,
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scaring, or defacing of the natural surroundings in the vicinity of the
work. All unnecessary destruction, scarring, damage or defacing of
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the natural landscape shall be corrected at the Contractor's expense.
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The Contractor's activities shall be performed by methods that will
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prevent entrance, or accidental spillage, of solid matter, contaminants,
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debris,
debris, or other pollutants and wastes into streams, flowing or dry
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watercourses, lakes or underground water sources. All construction
Asheville, NC 28801
materials and debris shall be removed from the site upon completion
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condition that facilitate sown ground covers and natural revegetation.
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16.0 HABITAT CONSERVATION. Shallow water bottom and complex
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shoreline structure, most notably fallen trees and other large woody
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debris (LWD), are important spawning and foraging habitats for
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various sunfish, largemouth bass, and other fishes in the lake. They
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are also used by many reptiles and birds for perching, basking, and
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foraging areas. These areas shall be preserved to the largest extent
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possible. Such habitat shall only be removed in areas where it
Asheville Regional Office
creates a hazard to watercraft navigation and only to the controlling
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depth in the navigation channels.
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Swannanoa, NC 28778
17.0 REGULATORY & OWNER CONTACTS.
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David Brown, PG
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US Army Corps of Engineers — Wilmington District
Asheville Regulatory Field Office
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Fax: 828-299-7043
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Mr. Paul Wilgus NM
Mirror Lake Improvement Assoc., Inc HodzoMd SCOW
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P.O. Box 606
Highlands, NC 28741 PRELIMINARY +:-+5-2D,d
404-966-8142 DO NOT
1wilgus®att.com USE FOR C-3
CONSTRUCTION SHEET 3 OF 6
RIVER BASIN; Little
Tennessee River Basin
AU Number; 2-21-(0.5)b
From 0.6 miles
downstream of US64 (head
of Mirror lake) to Mirror
Lake.
Length of Area = 0.7 Miles
Category; 5
Rating; Impaired
See Pages 184 & 185 of
2012 North Carolina
Integrated Report
Tr: Trout Waters
CA: Critical Area
WS -III: Water Supply III,
Moderately Developed
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Classification: WS-III;Tr, Impaired,
Category 5
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GRAPHICAL SCALE
Mirror Lam Rd.
NCDOT Bridge
WATER QUALITY NOTES.
Cullasaja River listed as Category 5 Impaired
Waters [303(d) List] from 0.6 miles downstream
of US64 (head of Mirror Lake) to MIRROR LAKE.
Category 5 Assessments Approved by EPA August
10, 2012.
Impaired waters are a subset of the assessments
made where water quality samples for a
particular parameter on a waterbody exceed water
quality standards and the assessment
methodology has determined that the waterbody
is indeed impaired for the particular parameter.
Impaired waters are grouped into two categories:
Category 4 assessments are those that do not
need a TMDL, these are not included in the
303(d) list.
Category 5 assessments are those that do need
a TMDL, this is the 303(d) list.
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Cullasaja River (MIRROR LAKE)�ot� �oae
Classification: WS-III;Tr, 5 co��°�
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Cullasaja River (MIRROR LAKE)
Classification: WS-III;Tr,CA
NOT TO SCALE
MIRROR LAKE DAM c--
State ID# MACON-006
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Cullasaja River (MIRROR LAKE)
Classification: WS-III;Tr, Impaired,
Category 5
Cullasaja River, From
backwaters of Lake Sequoyah
to dam at Lake Sequoyah,
WS-III;Tr,CA, Potential
Standards Violation, Turbidity
To Lake Sequoyah
from
Ravenel
SEDIMENT REMOVAL at
MIRROR LAKE
Mirror Lake Improvement Assoc., Inc.
Lake
Prepared for:
Mr. Paul Wilgus
Lake Improvement
3/ e�,
Mirror Lake Road
i oC
Ass Inc
P.O. Box 606
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Highlands, Macon County, NC
(�) an-+�
Highlands, NC 28741
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Cullasaja River (MIRROR LAKE)—
Classification: WS-III;Tr, Impaired,
Category 5
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Mirror Lam Rd.
NCDOT Bridge
WATER QUALITY NOTES.
Cullasaja River listed as Category 5 Impaired
Waters [303(d) List] from 0.6 miles downstream
of US64 (head of Mirror Lake) to MIRROR LAKE.
Category 5 Assessments Approved by EPA August
10, 2012.
Impaired waters are a subset of the assessments
made where water quality samples for a
particular parameter on a waterbody exceed water
quality standards and the assessment
methodology has determined that the waterbody
is indeed impaired for the particular parameter.
Impaired waters are grouped into two categories:
Category 4 assessments are those that do not
need a TMDL, these are not included in the
303(d) list.
Category 5 assessments are those that do need
a TMDL, this is the 303(d) list.
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Classification: WS-III;Tr, 5 co��°�
Impaired, Category 5 -7 k��or
Cullasaja River (MIRROR LAKE)
Classification: WS-III;Tr,CA
NOT TO SCALE
MIRROR LAKE DAM c--
State ID# MACON-006
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Cullasaja River (MIRROR LAKE)
Classification: WS-III;Tr, Impaired,
Category 5
Cullasaja River, From
backwaters of Lake Sequoyah
to dam at Lake Sequoyah,
WS-III;Tr,CA, Potential
Standards Violation, Turbidity
To Lake Sequoyah
SEDIMENT REMOVAL at
MIRROR LAKE
Mirror Lake Improvement Assoc., Inc.
T.E. ALLEN ENGINEERING PC
Prepared for:
Mr. Paul Wilgus
Lake Improvement
CONSULTING ENWEERS ,
FIRM Umm III C-1997pC BOX 103Mi
Mirror Lake Road
ROSMAN, NORM CAROLINA 28772
Ass Inc
P.O. Box 606
Highlands, Macon County, NC
(�) an-+�
Highlands, NC 28741
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SLE (848) 553-3M
770-438-8080
email : teadenengoelomporium.net
owilgus acesholdinys.com
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35.064651
-83.208041
DREDGING SCHEDULE
AREA
ESTIMATED
QUANTITY
1
15,500 CY
2
28,500 CY
3
16,500 CY
4
12,500 CY
TOTAL 1
73,000 CY
* Impaired, Category 5
Waters, 303(d) listed
Notes
1. Dredging shall not be
performed below the
natural Lake Bottom.
2. All Estimated
Quantities for Dredging
are preliminary.
Contractor shall confirm
the actual Dredging
quantities by prework and
post work surveys.
from
_ Ravenel
Lake
e� MIRROR LAKE
fe—oyo�<< Original Surface Area27 Acres
Original Impoundment ^- 230 Acre—Feet
Original Average Depth N 8.5 Feet
The upper 0.7 miles of the Mirror Lake
Impoundment, from the head of Mirror
lake to Mirror Lake west of bridge, is
303(d) listed as Category 5 Impaired
waters. Mill Creek is also listed as
Category 5 Impaired waters.
AREA 1 (Impaired, Category 5)
Surface Area 4.80 Acres
Estimated Qty = 15,500 CY
Mirror Lake Rd.
NCDOT Bridge
No Dredging near Bridge
foundations, within the
natural angle (limits) of
repose
AREA 4
Surface Area 7.0 Acres
Estimated Qty = 12,500 CY
AREA 2 (Impaired, Category 5
Surface Area 4.40 Acres
Estimated Qty = 28,500 CY
MIRROR LAKE DAM
State ID# MACON-006
1 MIRROR LAKE DREDGING PLAN
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AREA 3 (Impaired, Category 5
Surface Area 2.00 Acres
Estimated Qty = 16,500 CY
Cullasaja River, From
backwaters of Lake Sequoyah
to dam at Lake Sequoyah,
WS-III;Tr,CA, Potential
Standards Violation, Turbidity
To Lake Sequoyah
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SEDIMENT REMOVAL at
MIRROR LAKE
Mirror Lake Improvement Assoc., Inc.
T.E. ALLEN ENGINEERING PC
Prepared for:
Mr. Paul Wilgus
Mirror Lake Improvement
CONSULTING ENGINEERS
FIRM License I C-1997 Po BOX
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Mirror Lake Road
103
ROSMAN, NORTH CAROLINA 28772
Assoc., Inc
P.O. Box 606
Highlands, Macon County, NC
(828) 877-4883
Highlands, NC 28741
MOBILE (828) 553-3004
770-438-8080
email : tealleneng0dompodum.net
p-wilgus0pacesholdings.com
18.0 UPLANDS DISPOSAL AREA. The size and location of an suitable
uplands disposal area shall be proposed by the Contractor and shall be
permitted prior to beginning work. This will be a separate PCN
Application Form from the PCN covering the Mirror Lake Dredging
operation. All dredged or excavated materials must be deposited and
retained in an area that has no waters of the United States.
All Dredge materials shall be disposed of in on uplands disposal area
suitable for accepting material from 303(d) listed Category 5 waters.
The uplands disposal area shall be self—contained and shall have no
discharge of leachate or stormwater runoff into surface waters or into
groundwater, without treatment and detention pursuant to all applicable
Federal, State and Local requirements. Return water may be subject
to the requirements of a Nation Wide Permit (NWP 16) and other State
and Local permitting requirements. Should the total disturbed area of
the uplands disposal site exceed 1—Acre, a Sedimentation & Erosion
Control Permit will be required from the NCDEQ—Division of Land
Resources and/or the local erosion control authority depending on the
location of the disposal site. An imperviously lined disposal area is
recommended.
19.0 DOWNSTREAM WATERS. According to the NCDEQ—DWR NC
Integrated Report, the receiving waters, below the Mirror Lake Dam are
part of the Cullasojo River and have a water quality classification of
WS—III; Tr,CA with Potential Standards Violation for Turbidity, from the
backwaters of Lake Sequoyah to Dam at Lake Sequoyah. It is noted
that "Potential Standards Violation for Turbidity" exists prior to any
work being performed at Mirror Lake.
20.0 SHORE STAGING AREA. The shoreline disturbance, above the
normal pool elevation, shall be limited to a width of 10% for the Lake
frontage not to exceed 100' width of disturbance per 1000 linear feet
of shoreline frontage. A trout buffer waiver will be required from
NCDENR — Div of Land Resources.
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