20211747 Ver 1_ePCN Application_20211130

DW R
mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20211747
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Mitchell Anderson:eads\mlanderson
Information for Initial Review
1a. Name of project:
COURTESY COPY 9526 Lake James Road
la. Who is the Primary Contact?*
Bobby Glenn Fuller, Jr.
1 b. Primary Contact Email:
[e-mail]
Date Submitted
11 /30/2021
Nearest Body of Water
Lake James
Basin
Catawba
Water Classification
WS-IV,B;CA
Site Coordinates
Latitude:
35.760074
A. Processing Information
County (or Counties) where the project is located:
McDowell
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Pre -Filing Meeting Information
Longitude:
-81.933717
Version# *
1
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
U
Is this a courtesy copy notification?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (N W P)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
198200030 - Work in Waters of Lakes and Reservoirs
le. Is this notification solely for 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?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Nil Sine Numine Investments, LLC
2b. Deed book and page no.:
01319, pg. 410
2c. Contact Person:
Bobby Glenn Fuller, Jr.
2d.Address
Street Address
697 Saint Marks Church Road
Address Line 2
City
Bessemer City
Postal / Zip Code
28016
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
Gaston
2f. Fax Number:
[phone]
Yes No
Yes No

C. Project Information and Prior Project History
1. Proiect Information
1 b. Subdivision name:
(if appropriate)
Grey Ridge
1c. Nearest municipality / town:
Nebo, NC
2. Project Identification
2a. Property Identification Number:
172400946437
2c. Project Address
Street Address
9526 Lake James Road
Address Line 2
City
Nebo
Postal / Zip Code
28761
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Lake James
3b. Water Resources Classification of nearest receiving water:*
WS-IV,B;CA
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010303
4. Project Description and History
2b. Property size:
1.784
State / Province / Region
NC
Country
McDowell
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: *
Existing conditions are lightly wooded with little to no underbrush down to the shore of Lake James. Project site is approximately 120' from the full pond elevation line into Lake James.
General Land Use in the vicinity is single family residential homes along the shore of Lake James.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
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 undergo light dredging to provide for a navigable path from deeper waters for small watercraft traffic to a floating pier within the permitted distance of the
lakeside property at 9526 Lake James Road Nebo, NC and to provide suitable depth for draft of the floating pier to house small watercraft.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
By the use of a tracked excavator atop a floating barge, alluvial materials will be dredged from the lake bottom in the immediate area of the proposed floating pier to allow for positioning
and draft of the floating pier. Additionally, a tracked excavator atop a floating barge will dredge alluvial materials from the bottom of the lake to provide a pathway for navigation of small
watercraft from deeper water to the floating pier. All dredged materials will be placed on an additional floating support barge to capacity. The dredged materials will then be transported
over water on the floating support barge to 9622 Lake James Road Nebo, NC where the dredged spoil will be offloaded using excavation equipment into trucks and hauled to a permitted
fill site at 7836 US-70 E Nebo, NC. The dredged area for the floating pier is proposed to be 50' x 52' to 10' of water depth. The dredged area for the navigation path from deeper waters is
proposed to be 12' x 30' to 10' of water depth. Once dredging is complete, the floating pier will be moored in place by the use of wooden pilings and a floating gangway 88' long will be
connected for pedestrian access to the shore.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A

Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
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 project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbod y type
4f. Impact area
Navigation
T
Lake James -Catawba River
Dredging
Lake
0.07
4g. Total temporary open water Impacts:
0.07
4g. Total open water impacts:
0.07
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.00
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The manager of Lake James (Duke Energy) was contacted and a variance to permitted dock length was requested. The longer dock was requested to
allow for a longer gangway to access the proposed floating pier while mooring it in deeper/navigable waters. The variance request was denied thereby
resulting in the need to dredge for the purpose of navigation and mooring the floating pier.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The original plan to access the area to be dredged through the Lake James buffer would have involved truck traffic within that buffer such that dredged
spoils could be loaded into the trucks and hauled away. To avoid impacts to the buffer of Lake James, the use of a tracked excavator mounted atop a
floating barge was employed such that the spoils could be moved to an existing ramp area for unloading.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impact area does not exceed allowable permit thresholds and thereby does not require compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
U
If no, explain why:
The project site is within the riparian limits of Lake James and all impacts of dredging are contained to the waters of Lake James.

2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/statellocal) funds or the use of public (federallstate) land?*
Yes 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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No 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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
We contacted our representative with NCDWQ and were notified that the size of the project did not require determination of these impacts.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat Mapper (online)
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
We contacted the Catawba Indian Nation Tribal Historic Preservation Office.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplairl
Yes No
8c. What source(s) did you use to make the floodplain determination?"`
The project will take place within Lake James and not within the flood plain.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
USGS TOPO MAP 9526 Lake James Road Nebo NC 2021.11.30.pdf 1.41 MB
NRCS Soil Map_ 9526 Lake James Road Nebo NC.pdf 664.24KB
9526 Lake Jame Road Vicinity Map 2021.11.30.pdf 10.24MB
9526 Lake James Road Site Plan 2021.11.30.pdf 794.16KB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Bobby Glenn Fuller, Jr.
Signature
Date
11/30/2021
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Soil Map —Burke County, North Carolina, and McDowell County, North Carolina
9526 Lake James Road Nebo NC
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
FaC2
Fairview sandy clay loam, 8 to
15 percent slopes,
moderately eroded
2.6
1.3%
RhE
Rhodhiss sandy loam, 25 to 45
percent slopes
0.8
0.4%
Subtotals for Soil Survey Area
3.4
1.7%
Totals for Area of Interest
206.4
100.0%
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
BrB2
Braddock clay loam, 2 to 6
percent slopes, eroded
4.8
2.3%
BrC2
Braddock clay loam, 6 to 15
percent slopes, eroded
40.4
19.7%
EvD
Evard loam, 10 to 25 percent
slopes
9.0
4.4%
EwE
Evard-Cowee complex, 25 to
60 percent slopes
55.9
27.2%
HaC
Hayesville loam, 6 to 15
percent slopes
11.2
5.5%
HcC2
Hayesville clay loam, 6 to 15
percent slopes, eroded
2.2
1.1 %
HeD
Hayesville-Evard complex, 15
to 25 percent slopes
28.8
14.0%
W
Water
49.8
24.2%
Subtotals for Soil Survey Area
202.0
98.3%
Totals for Area of Interest
206.4
100.0%
USDA Natural Resources Web Soil Survey 11/30/2021
Conservation Service National Cooperative Soil Survey Page 4 of 4

11 /30/21, 7:46 PM
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