20170536 Ver 2_PCN Form (Terry Allen) with drawing_20190123

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version
Pre -Construction Notification PCN Form
A. Applicant Information
I.
Processing
1 a.
Type(s) of approval sought f�romthe
Corps:
® Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
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):
N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes N No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h.
below.
❑ Yes
® No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
AFTER -THE -FACT Permitting for Additional Fill for New Boulder Seawall for Lee &
Suzie Terrell
2b.
County:.
Transylvania
2c.
Nearest municipality 1 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:
EFA Properties, LLC
3b.
Deed Book and Page No.
Book 734 Page 428
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
451 East Shore Drive (B -A L52&54)
3e.
City, state, zip:
Lake Toxaway, NC 28747
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
-
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
411.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Terry E. Allen, PE
5b.
Business name
(if applicable):
T.E. ALLEN ENGINEERING, PC
5c.
Street address:
P.O. BOX 103
5d.
City, state, zip:
ROSMAN, NC 28772
5e.
Telephone no.:
828-877-4883
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
8522-13-9877-000
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.12515 Longitude: - 82.94073
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
0.89 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Lake Toxaway
proposed project:
2b.
Water Quality Classification of nearest receiving water:
B, Trout
2c.
River basin:
Savannah
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
This AFTER -THE -FACT PCN is to address additional fill that was placed within Lake Toxaway as a result of the new
alignment of the recently constructed boulder sea wall. Portions of the recently constructed seawall were located beyond
or outside the footprint of the original rubble stone wall. This new seawall alignment has resulted in approximately 0.05
acres +/- of additional fill encroachment into Lake Toxaway.
This is an existing home site located in Toxaway Estates, a private residential development in western Transylvania
County, NC. The lot borders Lake Toxaway which has a classification of B: Trout. The general land use is residential.
NWP #29, work is associated with the development of residential property.
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:
The original project was to removed the existing failed and eroded rubble stone seawall and install 200 Linear Feet
of new Boulder Seawall in accordance with the attached Detail Sheets C-1, C-2 and C-3. NWP #13 - for new bank
stabilization impacts.
This AFTER -THE -FACT PCN is to address the additional fill resulting from the new seawall alignment. NWP #29 for
additional fill.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The existing rubble stone seawall had failed and there was active shoreline erosion. The orignal PCN addressed the
installation of 200 Linear Feet (+/-) of new Boulder Seawall. The seawall section was generally in accordance with
attached Sheets C-1, C-2 and C-3. Work was performed in -the -dry during the 2015-2016 Lake Drawdown.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑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.
6. 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 seawall project was originally permitted under US Army Corps of Engineers Nationwide Permit 3 and the
corresponding per General Water Quality Certification 3883. The original permit was for 0.02 acres of permanent fill.
A Notice of Violation (NOV) was issued by the NCDEQ-DWR on February 2, 2017. This NOV was for additional fill
placed beyond the original 0.02 acers of permanent fill allowed under the original permit. This additional fill was due to a
change in the alignment of the seawall. Portions of the new seawall extended furhter into the Lake than the orignial
rubble stone wall that was being replaced.
See Section F(2)(c) for additional information.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form —Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2, Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number—
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ 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
❑ INT
❑ Corps
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
Furnish and install 200 LF (+/-) of
01 ®P ❑ T
Lake Toxaway
new Boulder Seawall
Lake
0.02 Acres
200 FT x 4 FT
Temporary Disturbance
02 ❑ P ®T
Lake Toxaway
of dry lake bed in front of wall
Lake
0.02 Acres
for construction work area
200 FT x 4 FT
AFTER THE -FACT Impact;
03 ®P ❑ T
Lake Toxway
Additional Fill placed into Lake
Lake
0.05 Acres
Toxaway as a result of the new
Seawall alignment
04 ❑P❑T
4f. Total open water impacts
0.09 Acres
4g. Comments:
Temporary Impacts = 0.02 Acres
Permanent Impacts (0.02 Acres + 0.05 Acres) = 0.07 Acres
Work was accomplished "in the dry" while the lake level is down. Excavation with small excavator with minimual incidental fall
back.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
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 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar -Pamlico F-1 Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ®P❑T
❑Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
❑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.
Work was performed during a scheduled lake drawdown to minimize contact with surface waters. Excavation is the minimum
amount necessary to install seawall.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
To minimize disturbance during construction, the work was 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
El Payment 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 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: Should project exceed 10% or 100' in 1000', a trout buffer waiver will be sought from NCDENR - Div of Land
Resources
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
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 9 of 11
PCN Form —Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
F� Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ 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 213 .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):
The original Pre -Construction Notification (PCN) was submitted in December 2015 for a proposed sea wall with dimensions of
200 feet by 4 feet (0.02 acres). The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 3, and
the corresponding General Water Quality Certification 3883. The DWQ approval letter specified that the activities must follow
the conditions listed in the General Water Quality Certification, as well as additional conditions in the approval letter.
Condition number one states that "no waste, spoil, or fill of any kind shall occur in wetland, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification. On January 25, 2017, the Division of Water
Resources (DWR) conducted a compliance inspection at the subject property. On February 2, 2017 the DWR issued a Notice
of Violation (NOV) stating that additional fill was placed in Lake Toxaway outside the approved 0.02 acres of permanent fill.
January 23, 2017 Survey; An As -Built survey dated January 21, 2017 was performed by Roger Raxter Surveying. The
Raxter survey indicates that a portion of the recently constructed boulder seawall extends some distance into the Lake
beyond both the "Historical Water Line" and the "2015 Water Line". See attached Survey.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N.A.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a.
Will this project occur in or near an area with federally protected species or
habitat?
F-1 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.
EJ 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?
Lee Terrell
EFA Properties, LLC
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 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

NEW BOULDER SEAWALL
Lee : Suzie Terrell Residence
451 S. East Shore Drive, Lake Toxa ay, HC
GENERAL NOTES:
1.0 All work shall be in accordance with North Carolina State
Residential Building Code, OSHA Safety and Health Requirements, US
Army Corps of Engineers 404 permit requirements, NCDENR Division of
Water Quality 401 permit requirements, NC Sedimentation Pollution
Control Act, and all other applicable codes, ordinances, and
regulations. The Contractor shall coordinate all work with the Lake
Toxaway Operations Manager, 16801 Rosman Hwy, Lake Toxaway, NC
28747.
2.0 Contractor shall verify and establish all Elevations prior to
beginning work. Contractor shall obtain all required permits prior to
beginning work. Contractor shall locate all property boundaries prior
to beginning work. Contractor shall locate, flag and protect all
underground utilities prior to beginning work. Do not locate any part
of the work within any right—of—way, set back, encroachment,
easement, trout stream buffer zone (or other buffer zone or set
back), unless permitted to do so. Do not allow fresh concrete to
contact lake waters.
3.0 All footers and slabs shall bear on satisfactory insitu material
having a minimum bearing capacity of 2000 psf. No portions of the
foundation shall bear of fill dirt or fill soil. Contractor shall verify
that the site has stable geotechnical conditions. Top of footings
shall be located below the frost line. Footings shall be stepped
where it is necessary to change the elevation of the top surface of
the footings or where the slope of the bottom surface of the
footings will exceed 0.1 unit vertical in ten units horizontal (1% slope).
4.0 Where suspect foundation conditions are encountered, additional
over excavation may be required. This work may include:
4.1 Dewater excavation.
4.2 Excavate suspect subgrade down to satisfactory insitu material
having a minimum bearing capacity of 2000 PSF.
4.3 Line excavation with a geotechnical fabric equal to Mirafi 500X.
4.4 Backfill excavation to the desired subgrade elevation with #57
clean stone.
4.5 Provide 6 mil poly between stone and concrete.
4.6 Construct foundation in accordance with the foundation plan
designed by others.
AFTER—THE—FACT
Drawing for Seawall
5.0 The Contractor shall exercise care to preserve the natural
landscape and waterways and shall conduct the work so as to
prevent any unnecessary destruction, scaring, or defacing of the
natural surroundings in the vicinity of the work. All unnecessary
destruction, scarring, damage or defacing of the natural landscape
shall be corrected at the contractor's expense.
6.0 All construction materials and debris shall be removed from the
site upon completion of the project and the area shall be graded
such that all surfaces drain naturally, blend with the natural terrain,
and are left in a condition that facilitate sown ground covers and
natural revegetation.
7.0 The Contractor's activities shall be performed by methods that
will prevent entrance, or accidental spillage, of solid matter,
contaminants, debris, or other pollutants and wastes into streams,
flowing or dry watercourses, lakes or underground water sources.
8.0 Runoff and discharge shall be monitored to insure that no
sediment is discharged to the downstream watercourse.
9.0 TURBIDITY CONTROL. The Contractor shall not violated water
quality stream standards during the performance of this work. The
Turbidity Level in the lake waters shall not exceed 10 NTUs at any
time during performance of this work pursuant to 15A NCAC 028.0211
(3)(k). The Contractor shall employ any and all methods necessary to
prevent a violation of the Turbidity Standards. These measures
include, but are not limited to; turbidity curtains around the work,
haybails, silt fence, stone check dams, etc. Where turbidity curtain
are necessary, curtains shall remain in place until the turbidity in the
work areas return to original background levels.
10.0 HABITAT CONSERVATION. Shallow water bottom and complex
shoreline structure, most notably fallen trees and other large woody
debris (LWD), are important spawning and foraging habitats for
various sunfish, largemouth bass, and other fishes in the lake. They
are also used by many reptiles and birds for perching, basking, and
foraging areas. These areas shall be preserved to the largest extent
possible. Such habitat shall only be removed in areas where it
creates a hazard to watercraft navigation and only to the controlling
depth in the navigation channels.
CONDITION FOR USE OF THIS PLAN — By accepting this plan, you and
any others to whom it is distributed, agree to a strict limitation of
liability for Terry E. Allen PE, T.E. ALLEN ENGINEERING, P.C., and its
employees to an amount not to exceed the fee paid in hand.
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AFTER—THE—FACT J( C-1
Preliminary — Not for Construction Permit Drawing l SHEET I OF

IMPACTS BELOW NORMAL POOL ELEVATION
Seawall
200 Ft x 4 Ft
Temporary Disturbance
of dry lake bed in front of wall
for construction work area
200 FT x 4 FT
= 800 SF
= 800 SF
TOTAL IMPACT = 1600 SF (0.04 Acres)
EQUIPMENT LIST
Bobcat 330 Trackhoe (or equal)
SUPPLEMENTAL NARRATIVE.
This AFTER—THE—FACT PCN is to address additional fill that was placed
within Lake Toxaway as a result of the new alignment of the recently
constructed boulder sea wall. Portions of the recently constructed
seawall were located beyond or outside the footprint of the original
rubble stone wall. This new seawall alignment has resulted in
approximately 0.05 acres +/— of additional fill encroachment into Lake
Toxaway.
The original Pre—Construction Notification (PCN) was submitted in
December 2015 for a proposed sea wall with dimensions of 200 feet by
4 feet (0.02 acres). The impacts were requested under U.S. Army
Corps of Engineers Nationwide Permit 3, and the corresponding General
Water Quality Certification 3883. The DWQ approval letter specified that
the activities must follow the conditions listed in the General Water
Quality Certification, as well as additional conditions in the approval
letter. Condition number one states that "no waste, spoil, or fill of any
kind shall occur in wetland, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre—Construction Notification.
On January 25, 2017, the Division of Water Resources (DWR) conducted
a compliance inspection at the subject property. On February 2, 2017
the DWR issued a Notice of Violation (NOV) stating that additional fill
was placed in Lake Toxaway outside the approved 0.02 acres of
permanent fill.
January 23, 2017 Survey, An As—Built survey dated January 21, 2017
was performed by Roger Roxter Surveying. The Raxter survey indicates
that a portion of the recently constructed boulder seawall extends some
distance into the Lake beyond both the "Historical Water Line" and the
"2015 Water Line".
11.0 A Trout Buffer Variance is not anticipated to be necessary.
However, if during the course of the work it is determined that more
that 10% of the trout buffer may be disturbed, the Contractor shall
prepare and submit a Variance request pursuant to 15A NCAC
04B.0125. This variance shall be made to the NCDENR — Division of
Land Resources.
11.1 TROUT STREAM BUFFER REQUIREMENTS — No land disturbing
activity during periods of construction or improvements to land shall
be permitted in proximity to a lake or natural watercourse unless a
buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the twenty—five
percent (25%) of the buffer zone nearest the land disturbing
activity. Waters that have been classified as trout waters by the
Environmental Management Commission shall have an undisturbed
buffer zone 25 feet wide or of sufficient width to confine visible
siltation within the twenty—five percent (25%) of the buffer zone
nearest the land disturbing activity, whichever is greater. Provided,
however, that the Sedimentation Control Authority may approve plans
which include land disturbing activity along trout waters when the
duration of said disturbance would be temporary and the extent of
said disturbance would be minimal. All tributaries to trout streams
(named and unnamed) take on the trout classification, unless the
tributaries have another specified water quality classification.
11.1.1 The 25 foot trout buffer zone shall be measured from the top
of bank.
11.1.2 The disturbance is temporary and minimal when the
disturbance is limited to a maximum of 10% of the buffer zone within
the tract such that no more than 100 linear feet of disturbance
occurs in every 1000 feet of buffer zone. These disturbances can be
approved by the NCDENR Land Quality Regional Office staff on an
Erosion Control Plan and no variance is needed. Most of these types
of disturbances are for such activities such as bridge construction,
culvert installation, and installation of sewer and utility lines
perpendicular to the trout stream.
11.1.3 Longer lengths of the buffer zone may be disturbed with the
approval of the NCDENR Division of Land Resources Director.
AFTER—THE—FACT
Permit Drawing
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1. All work shall be in accordance with the latest
edition of the NC State Residential Building Code
and all other applicable codes, ordinances and
requirements.
2. The Detail & Specifications shown herein are
for a Natural Boulder Retaining Wall.
3. Satisfactory material for fill or backfill behind
retaining walls and other structures shall be limited
to materials classified in ASTM D 2487 as GW, GP,
GM, GP—GM, GC, GP—GC, SW, SP, SM, SW—SM, SC,
SW, SC, SP—SM, SP—SC, CL, ML and CL—ML.
Satisfactory materials shall be placed in 6"
compacted lifts. Material shall be compacted to
95% of the maximum dry density. Classification of
backfill materials shall be determined in accordance
with ASTM D 2487 and the moisture—density
relations of soils shall be determined in accordance
with ASTM D 1557.
RIPRAP Toe Apron to
provide compensatory
habitat. NCDOT Class
2 Riprap.
ed
Lok
STONE FOUNDATION PAD. Provide-
3'x16"xContinuous stone foundation
pad consisting of #57 clean stone
wrapped in Mirafi 50OX geotextile
fabric or equal.
4. BOULDERS. Boulders shall be sound natural
granite. Maintain minimum boulder wall thickness
of 2—ft. All boulders used in retaining walls shall
be sound durable granite. Provide chinking stones
to reduce gaps between boulders to less than 1
inch. Securely stack boulders to ensure that
boulders have a positive angle of 5—degrees or
more with respect to the horizontal.
5. WALL BATTER. Wall batter shall be 0.25H:1 V
or shallower.
6. HORIZONTAL SCOUR SHOULDER. Maintain
minimum 3 feet wide horizontal shoulder at toe of
wall to prevent scour and undercut.
7. EMBEDMENT DEPTH. Embed toe of wall a
minimum of 1—FT into undisturbed residuum.
8. FOUNDATION BEARING AREA. locate boulder
retaining wall foundation on undisturbed residuum
with a minimum bearing capacity of 2,000 PSF.
3' +/-
3��
1/ c
Retaining
Wall
See Note 2
9. FINISH GRADE BEHIND WALL. Provide
3H:1V or shallower.
10. CHIMNEY DRAIN. Provide No. 57 clean
stone wrapped in non—woven needle punched
geotextile fabric with a minimum thickens of
1—foot.
12. BLANKET DRAIN. Provide No. 57 clean
stone wrapped in non—woven needle punched
geotextile fabric with a minimum thickens of
1—foot.
13. STONE FOUNDATION PAD. Provide
3'x16"xContinuous stone foundation pad
consisting of #57 clean stone wrapped in
Mirafi 50OX geotextile fabric or equal.
14. This is a Conceptual Retaining Wall Detail
The location, alignment, and up slope
embankments & retaining walls were designed
by others. By accepting this Plan, you and
any others to whom it is distributed, agree to
a strict limitation of liability for Terry E. Allen
PE, T.E. ALLEN ENGINEERING, P.C., and its
employees to an amount not to exceed the
fee paid in hand.
Non—woven needle punched geotextile fabric.
Chimney Drain Behind Wall. Provide No. 57
clean stone wrapped in non—woven needle
punched geotextile fabric with a minimum
thickens of 1—foot.
c
0
Mirafi 500X geotextile
fabric or equal.
0
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—Existing Undisturbed Residuum with minimum
bearing capacity of 2000 PSF. Do not bear Z
retaining wall on unsatisfactory of unstable
material.
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03-22-2017 1
AFTER—THE—FACT d \ C-3
Permit Drawing SHEET 3OFX

WAY
0:.....0 CLIWERTaI-
. _ ^_ SM4 I
WV WATERVALVE
UPLITYPCLE
TREE /NDENTIFICATION
TREE NO.
1 9" SPANISH OAK
2 13"SPANISH OAK
3 10" SPANISH OAK
4 16"SPANISHOAK
5 16" SPANISH OAK
6 9"MAPLE
7 9"BLACKGUM
8 TRIPLE I2"MAPLES
9 17" WHITE PINE
10 DOUBLE 6" MAPLES
ID
--
SIDE PROPERTY
LINE
IRF
PRELIMINARY PLAT ONLY, NOT TO BE USED FOR SALES, CONVEYANCES OR RECORDING LOTN0. 56
fiUSSELLR.FRENCH
1, E ROGER BAXTER, Professional Land Surveyor, certify that this D.B. 571, PAGES 750-751
plat was drawn under my supervision from an actual field survey P.B. 2, PAGE 147
performed under my supervision from information found in 0.934
Page 428-430 , That the boundaries not surveyed are shown as broken
lines and are plotted from information referrenced hereon. That the ratio
of precision as calculated does not exceed I'm 7,500' and that
this map meets the requirements of The Standards of Practice for land
Surveying in North Carolina (2) NCAC 56.16001.
This the 23th day of January , 2017
Seal E. ROGER BAXTER, NC PLS NO. L-2938
1, E. Roger Ratter, N.C. PLS certify that this a survey of an existing parcel or
parcels of land and does not create anew street or change an existing street.
January 23, 2017
E. ROGER BAXTER, NC PLS DATE
,ROGER RTxTERSURVEYING
20 10 0 20 40 60 80
GRAPHIC SCALE: 1 INCH = 20 FEET
LOT 50, REVISED
LOCATION SURVEY OFA PORTION OF:
THOMAS L. HAMBY
D 05, PAGES 12 SLIDE 767778
P.F.
LOT 514, REVISED OF BLOCK "A"
CK
OF LAKE TOXAWAY CO.
'L-3576°
1.
PROPERTY LOCATED IN:
—s/8°IRF SIDE PROPERTY IPF
LINE +.\`IpF f
HOGBACK TOWNSHIP
TRANSYLVANIA COUNTY
--_------ /
NORTH CAROLINA
'"—•—�
DEED REFERENCE: D.B. 734, PAGES 428-430.
PLAT REFERENCE: P.F. 16, SLIDE 430.
SURVEY DATE: JANUARY, 2017.
app 211
BY:
j�
OWNED
EFA PROPERTIES, L,L.C., A Louisan
+3 I ' -------
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--
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liability Company
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«�NOTES�
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1) This property is located in Zone X, areas determined to be outside the 500 -year
floodplain per F.I.R.M.of this area dated October 02, 2009, except as noted.
2) This property is subject to matters found by a title examination and also subject
IFS I
to all restrictions, setback lines, roadways, zoning ordinaces and right of ways
1"
OR y
appearing on this property and/or of record.
3) Area computed by coordinate method, including all right of ways.
4) This is land does
a survey of an existing parcel or parcels of and not create a
new street or change an existing street.
5) This map is not transferable, and may not be used by any or enitity without
;
person
written authorization from E. Roger Raxter, PLS. This is for the use of
iRCH
I
plat provided
the parties named hereon.
_
I /
4R
6) The F.I.R.M. of this area indicates Lake Toxaway is located in Zone AE, with
I
a base flood elevation of 3012.0'.
G '`----__
R9!'Fl
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7) The corners found and set are one to twelve inches above the
y.--
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-__ %
R
ground, unless otherwise noted.
/ j
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8) The location of the historical waterline was shown to me by : R. Clement Riddle,
- ---� _ �i
of ClearWater Environmental Consultants, Inc.
9) The Tax Pin is: 8522.13-9877.
10) The area that is west of the 2015 waterline and east of the historical waterline is
2,044 feet
,, ;
square
11) The area that is east of the 2017 waterline and west of the historical waterline,
------
LOT 54A, REVISED ----- -
north of the boat dock is 206 square feet+/-.
12) The area that is east of the 2017 waterline and west of the historical waterline,
south of the boat dock is 243 square feet +/-.
--
SIDE PROPERTY
LINE
IRF
PRELIMINARY PLAT ONLY, NOT TO BE USED FOR SALES, CONVEYANCES OR RECORDING LOTN0. 56
fiUSSELLR.FRENCH
1, E ROGER BAXTER, Professional Land Surveyor, certify that this D.B. 571, PAGES 750-751
plat was drawn under my supervision from an actual field survey P.B. 2, PAGE 147
performed under my supervision from information found in 0.934
Page 428-430 , That the boundaries not surveyed are shown as broken
lines and are plotted from information referrenced hereon. That the ratio
of precision as calculated does not exceed I'm 7,500' and that
this map meets the requirements of The Standards of Practice for land
Surveying in North Carolina (2) NCAC 56.16001.
This the 23th day of January , 2017
Seal E. ROGER BAXTER, NC PLS NO. L-2938
1, E. Roger Ratter, N.C. PLS certify that this a survey of an existing parcel or
parcels of land and does not create anew street or change an existing street.
January 23, 2017
E. ROGER BAXTER, NC PLS DATE
,ROGER RTxTERSURVEYING
20 10 0 20 40 60 80
GRAPHIC SCALE: 1 INCH = 20 FEET