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CESAW-CO-E ED P (A t Y. 1993 A REGULATOR`! BRANCH April 21, 1993 Project No. 9104 D APR 2 31993 Subject - Sandy Plains Dam - Application for Section 401 Certification Gentlemen; T am enclosing the completed form as required to receive Section 401 Certification for the subject project and by copy of this letter and form notifying other interested offices. Attached to the form are copies of drawings, maps, correspondence, and report data which explains the nature of the project. Mrs. Barbara Cain Martin is now the Owner of Lake Sandy Plains, and her husband and agent is Mr. James E. Martin. Very Truly Yours, Pr id eon and sociates b' -I ?" Hal-L.Pridgeon E. c.c. Mr. Richard A. Phillips P.E. w/att. Mr. James E. Martin w/att? Mr. John Dorney w/att. ?? Mr. Mickey Clemmons w/att. hlp/mp r CIVIL 9 STRUCTURAL 0 ENVIRONMENTAL 0 PLANNING - STl7'DIES 0 REPORTS DEM ID: 9?37 sV ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT fl : JOINT FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER _ WATER QUALITY PLANNING CORPS OF ENGINEERSDIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH, 19 P.O. BOX 1890 j AND NATURAL RESOURCES WILMINGTON, NC 28402-1890 P.O. BOX 29535 ATTN: CESAW-CO-ERRANe^HRALEIGH, NC 27626-0535 Telephone (919) 251-451 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE.CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. q g? 1. OWNERS NAME: MR5. BARBARA C'lAi? M&RT1N GJR5. 4JAM!s f%. ?A)Zi /?) 2. OWNERS ADDRESS: P. c, B e-'k q 3. OWNERS PHONE NUMBER ( HOME) : T' 4- ( 3 4-6 C ? ( WORK) : -5A n,ti r-- 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: MTZ, Arjf E M??tit? S. LOCATION OF WORK (MUST ATTACH MAP). COUNTY : PCB L 'K- Cc' N C NEAREST TOWN OR CITY: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Q r` ./ 5_ C:. S A T E R Y. ct 6. NAME OF CLOSEST STREAM/RIVER: No P-T ti f A C.e'• 1- k:,) f V r. R 7. RIVER BASIN: R 1 U r- R 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [y() NO [ ) ND '1"P- )?4 ur-- OR. C6L_LiN.`,V)LG- 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED ON PROJECT SITE: 36 AG: NarzMAL P0<5L 1/14/93 -2- 11. NUMBER OF ACRES.OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: Z2 7 1 5 6lG r EXCAVATED: TOTAL IMPACTED : 3 "I . S AC. ('taf' 6F VA M) 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS-8 1/2- X 11- DRAWINGS ONLY): 5cr- ArrActarb FZSPQlP,r ETC- 13. PURPOSE OF PROPOSED WORK: 'r© Cbe p--F_? 'rfW-t: GoNSYRU GY 70 hl '*i CO M FOar-4 W vr•u- 7fF E R Eo fA ' M EN Ts O -? r_ftV- N Q DAM 5 A FS ? G A W. 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. NIT - 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ] NIA RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? / [ J h HAVE YOU DONE SO? YES ( ) NO Nl RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. ADDITIONAL INFORMATION REQUIRED BY DEN: A. WETLAND DELINEATIO MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. u/A B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. N/A C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. NIA D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. N/A% E. WHAT IS LAND USE OF SURROUNDING PROPERTY?? R til f R E fi F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Q,e"- e, 4-f'41 RPlftER'S SIGNATURE DATE DEM ID: ?? % 3lJ ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): -0%si 600 "10 JOINT FORM FOR Nationwide permits that require notification to the Nationwide permits that require application for Sec WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANN DIVISION OF ENVIRONME NC DEPARTMENT OF ENVI AND NATURAL RESOURCE P.O. Boy 29535 Raleigh, NC 27626-0535 ATTN: MR..; OHN DORNEY Telephone (919) 733-5083 s;. ?n ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: R 5 P7 N r-Z B h, R A, C& t N A R i 1 N s JA M E 5 A tz - TN 1 ? ? "7 ?,. 'Z 2. Owners Address: r1,91 C.• c.? 1 ot"t Pw "} WC. 3. Owners Phone Number (Home): 76 4- B 6 3 - 4 9• C ? (Work): 5 A M E 4. If Applicable: Agent's name or responsible corporate official, address, phone number: ??tcnt= ?. >ANiAP0RL-S:!?, AND 5. Location of work (MUST ATTACH MAP). County: ??> t- ?? C-c• . Nearest Town or City: C., 0 t L-1 N1 R, 0 r T4 . C: Specific Location (Include road numbers, landmarks, etc.): 6. Name of Closest Stream/River: N C R 'T iA FA C L'- t._ 1` T` 7. River Basin: 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] 9. Have any Section 404 permits been previously requested for use on this property? If yes, explain. NO [?r3? YES [ ] NO [t-J-' 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 3o lac tietZ(vI AL Fe-, V L- 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: 73'7, E G : F t- c e-- b P'6 r-- L- Excavated: \\ Total Impacted: 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): St it ArrAr,P.FD COKtZE5 PoNrnt4CE ) RrPC.R.Y . AND DRAWrNr, S 13. Purpose of proposed work: Yo Cc P- R r--c- ; 'A F- Ca K `_? 1 R try G`110 ti 1?es Cc= r?Fo CZ M f ri tt I-11E Ri?C?LIREMEN'"YS Cif' -TRF, N,G. DANJ 5Ar1` ± ? LAW. 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. NIA 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ J NO [ ] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. D. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? FA R Ni P- `> L A N Z> F. If applicable, what is proposed method of sewage disposal? W Q -0" ??" I q3 O is Signature *-Date State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office - I James G. Martin, Governor Ann B. Orr William W. Cobey, Jr., Secretary Regional Manager December 10, 1990 d d E ?, ?,,,E r CERTIFIED MAIL RETURN RECEIPT REQUESTED REGULATORY BIRMICH I' Mrs. Inez R. Cain Rt. 2, Box 76 Tryon, NC 28782 RE: Sandy Plains Dam - Polk County Dear Mrs. Cain: The North Carolina Dam Safety Law of 1967 provides for the certification and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of such dams; to prevent injuries to persons, damage to property; and to insure the maintenance of stream flows. On November 29, 1990, the referenced dam was visually- inspected by personnel of this office. The inspection was made under jurisdiction of the Dam Safety Law which requires owners of dams under its jurisdiction to maintain such dams in a safe operating condition. A problem concerning the condition of the dam exists and must be corrected. This problem is: the recent modifications to this dam were made without prior plan approval by this agency as required by the Dam Safety Law. In order to ensure the safety of the dam, we request that you retain, by January 30, 1991, the services of a qualified, registered engineer or engineering firm to prepare and submit a plan for the recent modifications. Plans, specifications, and design calculations bearing the seal of the responsible engineer must be filed with the Division of Land Resources for approval pursuant to Title 15, Subchapters 2K of the North Carolina Administrative Code. Please advise me of your intended action in this matter. If I do not receive notification on or before January 11, 1991, of your intent to voluntarily undertake the action requested in this letter, I shall present the Interchange Building; 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704251.6208 An Equal Opportunity Affirmative Action Employer December 1u, l? ..Pale 2 ' the Off ice of General counsel and request that a Dam Safety calling for the repair or removal of the dam. case information- Order issued lease contact either Jan questions regarding this matter, p If you have any hone (704) 251-6208. Andersen or me at this office; p Sincerely, Y .E. Richard A. Phillips, Regional Engineer cc: Mr. Jim Simons, P.E. s ? ? ? An Investigation and Report of LAKE SANDY PLAINS Polk County, North Carolina Dec. S. 1991 Prepared by Pridgeon and Associates Engineers • Planners • Designers 781 East Main Street Spartanburg, S. C. 29304 PRI DOEON & ASSOCIATES ENGINEERS • PLANNERS • DESIGNERS I POST OFFICE BOX 846 • SPARTANBURG, S.C. 29304 OFFICE TELEPHONE (803) 582-1499 • FAX (803) 582-2075 RESIDENCE (803) 579-2867 A An Investigation and Report of Lake Sandy Plains, p?? t2?4 Polk County, North Carolina P f-C, Purpose"of the Report - This report was prepare n the request of the Owner's agent, Mr. James Martin, P. 0. Box 79 , Columbus, N.C. 28722, acting on behalf of his mother-in-law, Mrs. Inez R.'Cain, who is the Owner of the dam and lake. Mrs. Cain received a letter of December 10, 1990, from Richard A. Phillips, P.E., N. C. Department of Environment, Health, and Natural Resources, a copy of which is enclosed, requesting an investigation and documentation of certain alterations performed on the dam by persons without prior State approval as required by law. The report is to bear the seal of a qualified registered engineer. History - Lake Sandy Plains Dam was constructed by Mr. R. S. Cain (deceased) of Spartanburg, S. C., in 1954-55, based on some guidance received from U. S. Soil Conservation Service personnel but not constructed under their direct supervision and control. (See letter of October 24, 1952, enclosed.) Very little data and records of the actual construction are available or clear enough to be accepted as factual. All available documents are included in this report. Since being constructed, the dam has not shown any evidence of failure according to Mr. Martin. The embankment downstream toe has remained relatively dry. The slopes have not sloughed nor has there been any flow through the emergency spillway. Wave action on the upstream face of the embankment has not been a problem. Description of Recent Alterations Recent construction work was performed on the site during 1990 by Mr. Martin with the consent of the Owner in an effort to improve certain unsightly deficiencies which had developed in recent years. Persons performing the work were not acquainted with the State regulations requiring permitting and prior approval before commencing the work. It appears to the writer that probably none of the work on the dam spillways would have been approved. The 1990 construction work was done in an effort to correct the fol- lowing problems: 1. The original pipe spillway riser and gate had deteriorated to become nearly non-operable. 2. The embankment was overgrown with brush and trees. 3. Much of the lake shoreline was.overgrown and unsightly. 4. The emergency spillway contained brush and trees which would impede the passage of flood water. CIVIL 9 STRUCTURAL • ENVIRONMENTAL • PLANNING • STUDIES • REPORTS Mr. Martin described the progress of the work to the writer as follows: 1. With some special effort the rusted metal draingate was opened and the lake water was drained. 2. A new spillway consisting of twojZ•inch diameter P.V.C. pipes with siphon devices on the upstream ends were installed at a higher elevation and at a new location in the embankment. These spillway pipes will not drain all of the permanent pool. They also do not contain trash racks. They primarily function as "trickle tubes" and provide what appears to be sufficient flow to normalize base flow for the stream downstream from the dam. 3. The original spillway riser and gate were removed and the old spillway upstream inlet was plugged with concrete which allowed the lake to refill. Refer to the drawings which show the present condition of the dam, as described by Mr. Martin, for more details. Investigation Data Watershed Drainage Area Top of Dam Elevation Height of Dam Top Width of Dam Upstream Slope Grade Downstream Slope Grade Emergency Spillway Crest Elevation Width of Emergency Spillway Volume of Permanent Pool Volume of Temporary Flood Storage Maximum Discharge of Emergency Spillway 640 Acres 960.5 31 Ft. +/- 15 Ft. (Avg.) 1 112 to 1 (Approx.) 1 1/2 to 1 (Approx.) 957.8 43 Ft. 369 Ac, ft. 119 Ac, ft. 640 C.F.S +/- Investigation procedures included a topographic survey of three key contours in the reservoir, a topographic survey of the embankment area, cross sections of the embankment, and a survey along the centerline of the embankment profile. The results of the survey are shown on the drawings. Construction details of parts of the work covered by the permanent pool or covered by the embankment are drawn from descriptions provided by Mr. Martin. Some unevenness was noted along the centerline of the top of the dam. The left side of the emergency spillway should be constructed to an elevation at least equal to that of the top of the dam. There is no drain for the permanent pool. If draining of the permanent pool is attempted, it must be done by pumping. This would be difficult due to the large volume of stored water (369 Ac. Ft.) Dam Hazard Classification and Safety If Sandy Plains Lake Dam is given a Class A Low Hazard designation (Small Size), the minimum spillway design flood (SDF) is the 50-year storm event. The principal spillway for passing this design volume is the existing earth spillway on the left abutment o£ the embankment. Using Soil Conservation Service Technical Release 55 (TR-55 Sec. Ed. 6-86) methods and hydraulic design nomographs developed by S. C. S. for earth spillways, the 50-year storm peak discharge requires a spillway having a trapezoidal cross section with a 43-foot bottom width, 2 to 1 side slopes and a depth at the control section of 3.7 feet. This depth will require raising the top of dam elevation one (1) foot to 961.5. If the emergency spillway is considered the principal spillway, additional construction in the exit channel will be needed. This construction will pro- vide for flow to extend to the downstream creek channel. The existing reservoir contains 119 Ac, ft. of flood storage between the permanent pool and top of the dam. Prepared by: ,,,??ae?eb?h .. a c 9 Hal L. Pridgeon, P.E. N. C. Reg. No. 4308 ;'? tiyG t N Ef >s PRI "'#oleo felt', t'Z-al UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 8: 35 560 000 m0c 12' 3( c:- L) V Ju- MOD- E 1 070 000; FEET (N. G.) 399 ! 400 401 ? i 37?.B FEET C-T \ J ?. /^ 4 ?/? 1337 Plains; B -92 I DL 30 1 L B I ?'. I L .4T Sa n lams _ room N •1522 oy- \V ' /// ? \ '?\` .,`111 ? • ? ? i,. -- 1 N - / LULU 3e98 L ,/ ice, X 290, fir' `? - ?, j ?? 282,57 _ r•\? ,• 1522 3897 o a } co e 6 / ? \ \ \ Hickory Gr ve 1521 ' l \ 1 / ? / ? I / ; \ . V ? ?`?i 293 ??f` ? \ /" ;?? ` ? ? _J_ _ . ____ ? - \\ _ _?? '? ``p \?? ? ? ?.? ? 539 ? ° .?_ 539 j _? 29 , 896 \ 1521 \ 60aAi-? 83 0 N . \N Q }- a ? - r /L •ll V Q V ? o Ln Nv J ? ui {ice J Q ; , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 16, 1993 Regulatory Branch `E Action ID. 199302160 and Nationwide Permit No. 3 (Maintenance) Mrs. Barbara Cain Martin Post Office Box 791 Columbus, North Carolina 28722 Dear Mrs. Martin: Through coordination with your consulting engineer, Mr. Hal L. Pridgeon, we have learned of your plans to place approximately 0.2 acre of fill material into the waters of Lake Sandy Plains and Collinsville Creek to repair and rehabilitate an existing dam on property east of Columbus,,,cf County,, North Carolina. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, was provided for the repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill; or of any currently serviceable structure or fill constructed prior to the requirement for authorization, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Your work is authorized by this NWP provided it is accomplished in strict accordance with the enclosed conditions. This NWP-does not relieve you of the responsibility to obtain any required State or-local approval. We note that a 401 Water Quality Certification for this work has been approved by the NC Division of Environmental Management. The NC Wildlife Resources Commission has reviewed this project for impacts to trout waters and does not object to the_work as proposed. You should contact Mr. John Dorney, telephone (919) 733-1786, regarding water quality certification. This verification will be valid for 2 years from the date of this letter unless the nationwide authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under 00- -2- construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Steven Lund, Asheville Field Office, Regulatory Branch, telephone (704) 271-4857. Sincerely, G. Wayne Wright Chief, Regulatory Branch. Enclosure Copies Furnished (without enclosure): ?To Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687, Raleigh, North Carolina 27611-7687 Mr. Hal L. Pridgeon Pridgeon & Associates Post Office Box 846 Spartanburg, South Carolina 29304 \ \rpm \\ cr- a-Q CL \ • ?' \ \ F- \ IN, N-1 I-N IN' N" U3 J NZ ?v >\,Y '***? O? s ? ? 1 ? I l r ? ?-o V?OL \ l ?N? \0 J ?~ 42 W ~Z X? 0 S6 IU _1 W OL 6 W9 0 It w J Z' {.L X,