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HomeMy WebLinkAbout20180835 Ver 1_PCN Form - Warriner, NWP 3 & 18 Rev 1_20180710o�oF INV a rF9o� 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 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 - Existing Seawall & 18 - New Boathouse or General number: Permit (GP) 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. 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 1e. 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 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: NEW BOATHOUSE at WARRINER RESIDENCE 2b. County: Transylvania 2c. Nearest municipality / town: Brevard 2d. Subdivision name: Lake Toxaway 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Clell C & Rebecca Warriner 3b. Deed Book and Page No. Date: 04/2016 Book: 00759 Page: 0602 Plat Book: F14 Page: 363 3c. Responsible Party (for LLC if applicable): 3d. Street address: B D L006 -R WESTSHORE DR 1.55 (264 Indian Trace) 3e. City, state, zip: Lake Toxaway, NC 28747 3f. Telephone no.: 828-606-7931,Bob Dylewski - Bronco Construction Inc. 3g. Fax no.: 3h. Email address: 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): 8522-06-9484-000 1 b. Site coordinates (in decimal degrees): Latitude: 35.132397 Longitude: - 82.94443 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 1.58 (from Transylvania County GIS) acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Lake Toxaway 2b. Water Quality Classification of nearest receiving water: B, Trout 2c. River basin: Savannah 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: This 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. There is an existing stone and mortar seawall along the shoreline. The existing seawall is deteriorated and required repair and/or replacement. 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: Construct new 32'x38' Boathouse Foundation & Retaining Wall Structure meeting side yard setback rules. Construct new segment of Seawall to tie-in Boathouse Foundation to existing boulder seawall. New work to be in accordance with Sheets C1 through C8. The boathouse foundation work will be performed "IN THE DRY" using a coffer dam to create a dry work area. The seawall replacement work will be performed "IN THE WET" using trbitidy curtains to isolate the work area from the Lake waters. No disturbance within existing Vegetated Trout Buffer. See attached Sheet C3 for location of work. 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: New Boathouse Foundation (32 LF impact) and new tie-in Seawall (12 LF impact) in accordance with attached Sheets Sheet C1 through C9. BOATHOUSE FOUNDATION. The boathouse foundation work shall be performed "IN THE DRY" using a coffer dam to create a dry work area. To comply with Water Quality requirements, the will be performed in the dry. Where a coffer dam is used, the work area will be dewatered by pumping. 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 pump discharge shall be filtered through a Bag Filtration Unit equal to Model BF -400 from Rain -for -Rent with a 100 to 1 micron nominal rating (P.O.C. at Rain -for -Rent is Jeremy at 704-393- 3345). 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. SEAWALL REPLACEMENT. The seawall replacement shall be performed "IN THE WET" using turbidity curtains to isolated the work area for the Lake waters. Uncured concrete shall not be allowed to come into direct contact with surface waters. This will be accomplished by establishing a "dry work area" as described above. "High Early" cementious material shall be in the stone work to minimize curing time. Water Quality around the work areas shall be monitored with calibrated turbidity meters. The coffer dams and turbidity curtains shall be adjusted as necessary to insure compliance with Water Quality Standards. Furnish and install multiple layers of turbidity curtains as necessary to insure regulatory compliance. Permanent Toe Apron shall not exceed 25 cubic yards meeting the following requirements; (a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line; (b) The discharge will not cause the loss of more than 1/10 -acre of waters of the United States; and (c) The discharge is not placed for the purpose of a stream diversion. No disturbance within existing Vegetated Trout Buffer. Provide Turbidity Curtains around work area to maintian water quality. See attached Sheet C3 for location of work. Water Quality around the work areas shall be monitored with calibrated turbidity meters. The coffer dams and turbidity curtains shall be adjusted as necessary to insure compliance with Water Quality Standards. 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. Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version 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. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. REPAIR EROSION IN TROUT BUFFER. NEW Trout Buffer Restoration (105 LF (+/-). All erosion within the Trout Buffer shall be restored in accordance with the NCDEQ-DLR Trout Buffer and Riparian Area planting requirements. See attached Sheet C3 for delineation of buffer restoration. The existing Boulder Seawall is to remain. Do not disturb existing seawall. DO NOT CONSTRUCT NEW SITE RETAINING WALL WITHIN TROUT BUFFER or within the Foundation -Zone -of -Influence such as to cause additional surcharge on the existing boulder seawall. DO NOT IMPOSE ANY ADDITIONAL SURCHARGE BEHIND THE EXISTING SEAWALL. 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 ❑ P ❑ T ❑ PER ❑ Corps ❑ 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 3i. Comments: 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 Temporary Coffer Dam for 01 ❑ P ®T Lake Toxaway Boathouse Foundation 75 Linear Lake 0.04 Acres Ft (+/-) 02 ❑ P ®T Lake ToxawayTemporary Turbidity Curtain to Lake 0.04 Acres Repair Seawall, 75 Linear Ft Permanent Boathouse 03 ® P ❑ T Lake Toxaway Foundation (32 Linear Ft x 3 Ft Lake 0.01 Acres horizontal projection) New Seawall w/ Riprap Toe 04 ® P ❑ T Apron Lake 0.01 Acres (12 LF x 4 FT) 4f. Total open water impacts 0.10 Acres 4g. Comments: The work will be performed while the lake is at normal pool elevation. 1.0 SEAWALL REPLACEMENT WORK. 12 LF +/- of new seawall. See attached details. 2.0 NEW BOATHOUSE FOUNDATION new presast concrete block foundation to support new boathouse structure. 3.0 Boathouse foundation work will be accomplished "in the dry" by installing a temporary coffer dam around the proposed work area. The dewatering discharge will be filtered to DWQ Water Quality Standards prior to release. 4.0 Seawall replacement will be accomplished "in the wet' using turbidity curtains to isolate the work area from Lake waters. Turbidity curtains to remain in place until work is complete and the turbidity in the work area is less than 10 NTUs above background. 5. Pond or Lake Construction If pond or lake construction proposed, the 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 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: Page 8 of 13 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 ❑ 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 Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? B1 ®P❑T F-1 Yes ❑ No B2 ❑P❑T F-1 Yes ❑ No B3 ❑P❑T F-1 Yes ❑ 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. The work will be performed while the lake is at normal pool elevation. 1.0 Boathouse foundation work will be accomplished "in the dry" by installing a temporary coffer dam around the proposed work area. The dewatering discharge will be filtered to DWQ Water Quality Standards prior to release. 2.0 Seawall replacement will be accomplished "in the wet' using turbidity curtains to isolate the work area from Lake waters. Turbidity curtains to remain in place until work is complete and the turbidity in the work area is less than 10 NTUs above background. Turbidity curtains shall be used outboard of the coffer dam to isolate the work area. Turbidity curtains to remain in place until work is complete and the turbidity in the work area is less than 10 NTUs above background. 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 ElPayment to in -lieu fee program project? ❑ 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 9 of 13 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 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? [E-1 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 ❑ 0 R (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 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 letter.) ❑ Yes ❑ No 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 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ® No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ® No 5c. If yes, indicate the USFWS Field Office you have contacted. E] Raleigh ❑ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ® No 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? Calvin Warriner Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 PCN Form — Version 1.3 December 10, 2008 Version