20090029 Ver 1_401 Application_20090109

Fish and Wildlife Associates, Inc.
25 Water Tower Lane ? P.O. Box 241 ? Whittier, NC 28789
Phone: [phone] ? [phone] ? Fax: [phone]
Email: [e-mail] ? Web: wwwfishandwildfifeassociates.com
January 7, 2009
U.S. Army Corps of Engineers
Asheville Regulatory Office
Attn: Liz Haire
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Ms. Haire:

09-0029
Enclosed is a copy of a PCN for a permit to repair the Indian Lake dam in Transylvania
County. I have attached a copy of the original engineering plans for the lake to show
where the original lake, dam, and bottom drain were constructed. There are no
engineering drawings for the slip lining as this is a repair to the existing pipe.
Engineering drawings for a new flow release system will be done after the lake is
drained. If possible, portions of the current release system will be utilized with the
release being made from the spillway. Additional information on the method to be used
to capture the inflow and route it around the bottom drain will be provided after draining.
The coffer dam will be built from material already in the lake bed, if any is available. If
not, the material to be dredged out of the upper arm of the lake could potentially be used.
At the present time, we do not anticipate having to place any fill in the lake.
Sincerely,

Pamela M. Boaze
President
JAN 9 20?J9
y?TLANDS a D STORMV?ATEF:6RAt3CN
09-0029
o?pF W ATFROG
O Nii? T
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form n 15 ((01 ,,, /1
L5 V
A. Applicant Information JAN 9
1. Processing
la. Type(s) of approval sought from the
Corps: WETLANDS AND STORM ATER BRANCH
® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 and 33 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 ".1w
? 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
1g. 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: Indian Lake Underdrain Repair and Dredging
2b. County: Transylvania
2c. Nearest municipality / town: Lake Toxaway
2d. Subdivision name: Indian Lake Estates
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name on Recorded Deed: Indian Lake Club - POA
3b. Deed Book and Page No. Book 411; Page 680
3c. Responsible Party (for LLC if
applicable): Frank Campbell, Secretary/Treasurer
3d. Street address: P.O. Box 371, Slick Fisher Road
3e. City, state, zip: Lake Toxaway, NC 28747
3f. Telephone no.: 828-877-4152
3g. Fax no.: 828-226-6664
3h. Email address: [e-mail]
Page 1 of 12
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Pamela M. Boaze
4c. Business name
(if applicable): Fish and Wildlife Associates, INc.
4d. Street address: 25 Water Tower Lane, P.O. Box 241
4e. City, state, zip: Whittier, NC 28789
4f. Telephone no.: 828-497-6505
4g. Fax no.: 828-497-6213
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Pamela M. Boaze
5b. Business name
(if applicable): Fish and Wildlife Associates, Inc.
5c. Street address: P.O. Box 241, 25 Water Tower Lane
5d. City, state, zip: Whittier, NC 28789
5e. Telephone no.: 828-497-6505
5f. Fax no.: 828-497-6213
5g. Email address: [e-mail]
Page 2 of 12
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B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 8523-46-4940-000
1 b. Site coordinates (in decimal degrees): 35.1067921'N - 82.9365401'W
1 c. Property size: 9.6 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Indian Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C Tr
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:
Small recreational lake in sub-division; entirely wooded around lake. The forest community is a broad leaf deciduous
forest dominated by pine, tulip poplar, oak and beech with rhododendron and mountain laurel understory.
3b. List the total estimated acreage of all existing wetlands on the property:
There is one small riparian wetland that has formed below the bottom drain outlet. It is approximately 0.01 acres.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
The lake receives water from two major and three minor perennial tributaries. Indian Creek and the stream from Blue
Ridge Lake provide the major flow into the lake. (Stream names follow USGS Topo map and not local designation).
There is approximately 3000 linear feet of stream channel within the lake bed.
3d. Explain the purpose of the proposed project:
The main purpose is to repair the bottom drain in the dam. The culvert has eroded and damage to the dam infrastructure
is possible if corrective actions are not taken in the immediate future. While the lake is drained, the Club wishes to
consider removing accumulated sediment in arm of the lake from Blue Ridge Lake.
3e. Describe the overall project in detail, including the type of equipment to be used:
Slip line the bottom drain pipe, install a new siphon release, refurbish the gate stem system, and modify the spillway as
needed for the new release. Temporary coffer dams will be placed in the lake after draining to divert the water flow for 3-
6 hours during the slip-lining process. A temporary culvert will be placed in Indian Creek below the dam to provide
access and a pad to slipline the pipe and weld the new pipe sections together. Heavy equipment needed for these
operations will include track hoe, large trucks, welding machinery, and possibly a bull dozer. If removal of accumulated
sediment in the upper end of the lake is conducted, a track hoe and dump trucks will be used. A clean out basin will be
installed at the upper end of the lake to catch the sediment coming in from the unnamed tributary and the tributary from
Blue Ridge Lake.
The schedule for this project is to begin draining the lake in April 2009. The dam repairs will be undertaken in August,
depending on the weather and if the lake bed is dry enough to access. The removal of accumulated sediment at the
inflow of the unnamed tributary from Blue Ridge Lake will be undertaken in August or September depending on the
amount of dewatering.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ? Yes ? No ® Unknown
project (including all prior phases) in the past?
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.
Page 3 of 12
Project Information and Prior Project History
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.
The dam was constructed and the lake impounded in 1972 as part of the development of the Indian Lake Estates.
Permits were probably issued for the development.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
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 Type of wetland Forested (Corps - 404, Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary
W1 ? P ®T fill Non-tidal
freshwater marsh ? Yes ®No ® Corps
? DWQ 20'x20'
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 <0.01
2h. Comments: The pad necessary for the slip lining will cover part of this wetland that has developed below the bottom drain
outlet. Any materials used to construct the pad will be removed after completion of the slip lining.
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.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number - impact intermittent (INT)? length
Permanent (P) or (linear feet)
Temporary M
S1 ? P ® T Culaedrt/p ® PER ? INT 5 40
S2 ? P ? T ? PER ? INT
S3 ?P?T ?PER ?INT
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ? P ? T ? PER ? INT
3g. Total stream and tributary impacts 40
3h. Comments:
Page 5 of 12
C. Proposed Impacts Inventory, continued
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 individual) list all o n water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary
01 ? P ®T Indian Lake Coffer dam lake 0.5
02 ? P ® T Indian Lake dredging lake 0.2
03 ?P?T
04 ?P?T
M. Total open water impacts 0.7
4g. Comments:

Page 6 of 12
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C. Proposed Impacts Inventory, continued
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
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 an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
B1 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
To avoid the necessity of repairs to the dam foundation and core, slip lining was determined to be the least
environmentally intrusive technique to replace the bottom drain.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Access to the dam will be via an old maintenance road and will minimize the forest disturbance.
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 8 of 12
D. Impact Justification and Mitigation, continued
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 Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. 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).
6d. Comments:
Page 9 of 12
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? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No
2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? ? HQW
? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ? Other:
3b. In which local government's jurisdiction is this project?
3c. Is this local government certified to implement a state stormwater program? ? Yes ? No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? NA
4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ? No
General Certifications 3704 and 3705?
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ? No
for each stormwater BMP?
Page 10 of 12
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
I 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.
NA
Page 11 of 12
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F. Supplementary Information, continued
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?
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?
Natural Heritage Program database and element occurrences; Designated Critical Habitat maps on COE website
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?
Information provided by Corps concerning 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?
National Register
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? North Carolina Floodplain Mapping Information System
Pamela M. Boaze ((

Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 12 of 12
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AGENT AUTHORIAZTION FORM
PROPERTY LEGAL DESCRIPTION:
Parcel ID: Indian Lake Estates Subdivision - registered in Transylvania County,
Plat Book 0003e, Page 358
Street Address: Indian lake Road, Lake Toxaway NC
Property Owner: Indian lake Club, Inc.
The undersigned, registered property owner of the above noted property, does
hereby authorize
Pam Boaze of Fish & Wildlife Assoc.. Inc
Contractor/ Agent Consulting Firm
to act on my/our behalf and take all actions necessary for the processing,
issuance, and acceptance of this permit or certification, and any and all
standard and special conditions attached.
Property Owner's Address: Indian Lake Club, Inc.
PO Box 371
Lake Toxaway NC 28747
Telephone : [phone].226.6664
E-mail: [e-mail]
I hereby certify the above information submitted in this application is true and
accurate to the best of my knowledge.
EIZ IA- C.=AMPI LL , S<;c.W-c. t AXY1FW45UZE1'Z
Authorized Signature
Date: 1z/I7lob
?v?a v?.u avvwaavia vi aaaa.u GLLl LC1.11V,
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