20170536 Ver 2_PCN Form Submission_20190123

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Qiange only if needed.
BIMS # Assigned
20170536
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
EFA Properties Shoreline Stablization
1a. Who is the Primary Contact?*
Andrew Bick
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1/23/2019
Nearest Body of Water
Lake Toxaway
Basin
Savannah
Water Classification
B; Tr
Site Coordinates
Version# *
2
What amout is owed?*
r• $240.00
* $570.00
Select Project Reviewer*
Kevin Mitchell:eads\rkmitchell
1c. Primary Contact Phone:*
[phone]
Latitude: Longitude:
35.12281 -82.940982
FA. Processing Information U
County (or Counties) where the project is located:
Transylvania
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
13 - Bank Stabilization
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
EFA Properties, LLC
2b. Deed book and page no.:
734/428
2c. Responsible party:
Bebe Goodrich
2d. Address
Street Address
20 Pelham Drive
Address Line 2
Qty
State / Frovinm / fbgion
Metarie
LA
Postal / Zip Code
Country
70005
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
r Yes r No
r Yes r No

1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lake Toxaway
F
2. Project Identification
2a. Property Identification Number:
8522-13-9877-000
2c. Project Address
Street Address
451 South East Shore Drive
Address Line 2
aty
Lake Toxaway
Rstal / Zip Cade
28747
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Lake Toxaway
3b. Water Resources Classification of nearest receiving water:*
B, Tr
3c. What river basin(s) is your project located in?*
Savannah
3d. Please provide the 12 -digit HUC in which the project is located.
030601010101
4. Project Description and History
2b. Property size:
0.89
State / Rovince / Fbgim
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The property is located in a residential neighborhood bordering Lake Toxaway. Nearby land uses are primarily low density residential and forest. A boulder wall was constructed at the
property in 2016 and resulted in more open water impacts than were permitted.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
Corps Action ID 2016-00028
Project History Upload
2017.06.17 USACE After the Fact Permit.pdf
2017.05.18 Ltr from DWR re After the Fact Permit on hold.pdf
2017.03.22 PCN Form (Terry Allen) with drawing.pdf
1.52MB
206.74KB
800.02KB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
EFA topo.pdf
893.02KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
EFA soil map.pdf 955.29KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The purpose of the project is to resolve permitting and property issues related to fill that was placed for the shoreline wall. The proposed work will remove fill that was placed beyond the
EFA property line and rebuild a shoreline stabilization structure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Work will take place from the shoreline and will be staged so that sediment migration into the lake is minimized. The existing boulder wall will be left in place to serve as a coffer dam,
supplemented with plastic sheeting and sand bags if necessary, while the fill behind the wall is removed. Excess fill will be hauled off-site to an approved disposal or re -use site. A new
boulder wall will form the new shoreline just inside of the EFA Properties, LLC property line. Equipment will include an excavator, a dewatering pump and hand tools. EAsting trees on
the shoreline will be protected in place to the extent feasible.
4j. Please upload project drawings for the proposed project.
toxaway shoreline plans for permitting.pdf
5. Jurisdictional Determinations
2.51 MB

5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
No wetland or stream impacts are proposed.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Sd1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
r Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
❑ Wetlands F Streams -tributaries
r�7 Open Waters r- Pond Construction
4. Open Water Impacts
❑ Buffers
4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
shoreline stabilization
P
Lake Toxaway
Fill
Lake
0.02
fill removal
T
_11
Lake Toxaway
Excavation
Lake
0.05
4g. Total temporary open water Impacts:
0.05
4g. Total open water impacts:
0.07
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.02
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The temporary impacts are required to remove unauthorized fill. The permanent impacts will allowthe re-establishment of the lake shoreline, which is
critical to the use of a dock and boat house, both of which pre -dated the unauthorized fill.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All construction equipment and materials will be mobilized to the site before work begins. Equipment will work from dry land as much as is practical.
The existing boulder wall will be left in place and serve as the core of a coffer dam that will separate fill removal activities from open water. Sand bags,
plastic sheeting and a dewatering pump will be used as necessary in order to prevent off-site migration of sediment. Work will be staged such that no
more shoreline is disturbed than can be fully stabilized by the end of that work day.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:

No impacts to streams or wetlands
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r- Yes r No
If no, explain why:
Not applicable because project will not result in an increase in impervious area. A trout buffer waiver request will be submitted to the NC Division of Land Quality.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
not applicable
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
f Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
2b Provide an explanation of the violation(s):
A Notice of Violation was issued on 2/2/17 for the unauthorized fill beyond the 0.02 acre that was originally proposed. This project will address the
issues raised in the NOV.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r- Yes r No
3b. If you answered "no," provide a short narrative description.
It is a discrete project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r' No r N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
r Yes r- No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
f Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
Sh. Does this project involve the construction/installation of a wind turbine(s)?*

r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS website was the primary source. Endangered species likely exist in this part of Transylvania County, but the work Wil be confined to a narrow
corridor along the lake shore that was cleared decades ago. The likelihood of habitat disruption is very low.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA fisheries website.
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO web site. The D.H. Cosby house (TV0171) is located on the cove east of the property, well beyond the project area and no impacts are
anticipated.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? *
r Yes (- No
8b. If yes, explain how project meets FEMA requirements:
The work will take place outside of the non -encroachment area, so no floodplain permitting is required.
8c. What source(s) did you use to make the floodplain determination?*
NC FRIS website
Miscellaneous
Comments
Trout buffer waiver request supplemental info attached.
Wetland determination form attached indicating no wetland impacts per Corps request.
Miscellaneous attachments not previously requested.
Buffer Waiver Supplemental Information Lake Toxaway.pdf
Wetland Determination Data Form EFA Shoreline.pdf
31.02KB
57.66KB
Signature u
W By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a 'transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Andrew Bick
Signature
Date
1/23/2019