20190582 Ver 1_PCN Form - Lockhart, NWP 29 FINAL_20190729

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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: 29 - New Seawall or General Permit (GP) number:
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
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:
NEW SEAWALL at DENNIS LOCKHART 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:
DENNIS LOCKHART
3b.
Deed Book and Page No.
PIN 8513630386000; Date: 07/2016 Book: 00769 Page: 0759
PIN 8513632362000; Date: 07/2016 Book: 00769 Page: 0759
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
85 & 87 Cardinal Drive
3e.
City, state, zip:
Lake Toxaway, NC 28747
3f.
Telephone no.:
202-641-0651
3g.
Fax no.:
3h.
Email address:
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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:
[e-mail]
Page 2 of 12
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):
PIN: 8513-63-0386-000 (House Lot),
PIN 8513-63-2362-000 (Vacant Lot)
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.150666 Longitude: - 82.96157
(DD.DDDDDD) (-DD.DDDDDD)
1c.
Property size:
1.00 LT (from Transylvania County GIS) 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
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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.
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:
This Project is to install 265 LF of new seawall along unprotected shoreline, and to remove & replace the existing boat
dock at a new location. Boat dock to be designed by others, with wood pile foundation (no concrete footers). All seawall
work to be in accordance with the engineered plans. Seawall to be precast concrete segmental block with stone veneer.
JUSTIFICATION; The Seawall will be the minimum amount needed for boater access, amenities and water access for
residentail use as allowable under NWP 29. The new Seawall shall not cause the loss of greater than 1/2 -acre of non -
tidal waters of the United States. The new Seawall shall not cause the loss of more than 300 linear feet of stream bed.
The loss of stream bed plus any other losses of jurisdictional wetlands and waters caused by the NWP activity shall not
exceed 1/2 -acre.
TREE REMOVAL; No trees greater that 3 -inch DBH (Diameter at breast height) shall be removed within the trout buffer.
The seawall work will be performed "IN THE DRY' using a coffer dam to create a dry work area.
Minimual disturbance within existing Vegetated Trout Buffer.
See attached drawings.
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PCN Form — Version 1.3 December 10, 2008 Version

3e.
Describe the overall project in detail, including the type of equipment to be used:
SEE ATTACHED SHEETS C-1, C-2, C-3 and C-4.
SEAWALL. Construction of the seawall 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.
TURBIDITY CURTAINS. In addition to the Coffer Dam, a minimum of two (2) rows of Turbidity Curtains shall be installed
and maintained around the work area.
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.
Minimal disturbance within existing Vegetated Trout Buffer.
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.
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.
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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:
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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
Seawall construction
Lake
0.01 Acres
(1 Ft x 265 Ft)
02 ® P ❑ T
Lake Toxaway
New Seawall
Lake
0.04 Acres
(6 Ft x 265 Ft)
03 ❑ PEI T
04 ❑ PEI T
4f. Total open water impacts
0.05 Acres
4g. Comments: The work will be performed while the lake is at normal pool elevation.
1.0 NEW SEAWALL. New presast concrete block with stone veneer.
2.0 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. Two (2) rows of Turbidity Curtains will
also be used.
SEE ATTACHED SITE PLAN IN SHEET C-3.
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:
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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 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 Turbidity Curtains will also be used 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
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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
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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 10 of 12
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.
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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?
DENNIS LOCKHART
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.)
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PCN Form — Version 1.3 December 10, 2008 Version