20141245 Ver 1_More Info Received_20141215

December 12, 2014 00/
Shelton Sullivan
NCDERN Division of Water Resources
401 & Fuffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
(919) 807 -6361
Re Richard Berkowitz and Drew Beam Moss Lake Dredging Projects
Shelton,
�a4s
Letter
Attached to this letter, are revised and signed WQ401 application for both projects These applications have
been revised to add the "open water impacts" acreage as requested
Both of these revised applications have been emailed to you and Alan Johnson and 1 have also sent Alan three
copies of the erosion control plans for both Berkowitz and Beam These are the same plans that I submitted to
him on November 13, 2014
I trust this satisfies all of your and Alan's concerns If you need anything else, please do not hesitate to let me
know and I will immediately provide that to you We are anxious to begin the Berkowitz project
immediately
Thank you,
Landscape Archi
704 - 202 -8260
RECEIVED-
15 2014
bNk{A�Nb

C52 011_11C2 �{s
C] ^c
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 4 January 2009
3h Email address
rdrewbeam @safetytest net
Page 1 of 10
PCN Form - Version 14 January 2009
Pre- Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing _ _ ----- - - -__- __ —_—
la
Type(s) of approval sought from the Corps
Section 404 Permit Section 10 Permit
1b
Specify Nationwide Permit (NWP) number 198200030 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps? YES
Yes No
1 d
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
1 e
Is this notification solely for the record
For the record only for DWQ For the record only for Corps Permit
because written approval is not required?
401 Certification
Yes No 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 Yes No
fee program
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h Yes No
below
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2.
Project Information
2a
Name of project
Moss Lake Surface Dredging - Drew Beam
2b
County
Cleveland
2c
Nearest municipality / town
Shelby
2d
Subdivision name
Vista u �"°',' 6 V 9 Li
2e
NCDOT only, T I P or state protect no ILL 1 1 2014
3.
Owner Information
3a
Name(s) on Recorded Deed
II
rIYV W`1-i /ILii
Drew Beam & Tonya Beam STORMIMAT -- - �;; Aln
3b
Deed Book and Page No
1584 Page 1213 V"
3c
Responsible Party (for LLC if
NA
applicable)
3d
Street address
1325 Vista Drive
3e
City, state, zip Shelby, NC 28150 _
3f
Telephone no i(704) 472 -0863
3g
Fax no ;NA v
3h Email address
rdrewbeam @safetytest net
Page 1 of 10
PCN Form - Version 14 January 2009

4.
Applicant Information (if different from owner)
4a
Applicant is
Agent Other, specify Owner
4b
Name
Drew Beam
4c
Business name
(if applicable)
NA
4d
Street address
1325 Vista Drive
4e
City, state, zip
Shelby, NC 28150
4f
4g
4h
Telephone no
Fax no
Email address
;(704) 472 -0863
1NA
ldrewbeam@safetytest net
5.
Agent/Consultant Information (if applicable)
5a
Name
Dennis C. Terry
5b
Business name
(if applicable)
;Dennis Terry Design, Inc PA
I
5c
Street address
160 Wesleyan Drive
5d
City, state, zip
McAdenville, NC 28101
5e
Telephone no
704 -202 -8160
5f
Fax no
NA
5g
Email address
dennisterrydesipn @ izmail com
Page 2 of 10

B. P
Project Information and Prior Project History
1. P
Property Identification
lb S
Site coordinates (in decimal degrees) L
Latitude 35 317158 Longitude - 81471062
j 1c P
Property size 3 13 acres a
acres �-
j 2. S
Surface Waters
2a N
- - - -- - - - -- -
-- --
Moss Lake
2c R
River basin B
Broad
3. P
Project Description
3a D
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
nnr it ni•, 1..._..__ .._ ._ _ . , a
Cove GIF,Fl f sG 10" existing site is a Tf -G3 V ace cove al Me r1 VI tiWest C- Orilel Vt MOSS I alte Fifty Neitxut y+I- 15 v awes o this Cove uas
been encumbered by sedimentary deposits from upstream development and Cleveland County landfill operations Buffalo Creek
enters Moss Lake at this cove and now the creek only exists as a Braided Stream Natural levees now define the creek for 1,500 L F
dividing a cove that was once one of Moss Lakes most beautiful and wildlife inhabited water bodies Alluvial fans, backswamps, topset
3b List the total estimated acreage of all existing wetlands on the property 0 Acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property +/- 1,500 L F
3d Explain the purpose of the proposed project The property owners with real estate adjoining this cove are proposing to remove
a portion of the sedimentary accumulation in order to provide lake access to their properties from the main body of Moss Lake This
construction work will completed during a rare lowering of the Moss Lake lake level by the City of Kings Mountain during the Winter and
Spring of 2015
3e Describe the overall project in detail, including the type of equipment to be used Dredging will be conducted when the lake level is
lowered (14 vertical foot is estimated) All dredging is anticipated to occur on dry lake bed with little encroachment into lake or creek waters Some
sediment introduction into the lake and creek is anticipated Silt Fence, Silt Fence Rock Outlets, Diversion Ditches and Berms constructed adjacent to
the creek will be used to minimize sediment contamination Excavators, Skid Steers, Bull Dozers, Frontend Loaders and Dump Trucks to be used
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the Yes
Corps or State been requested or obtained for this property ! Comments All work within the Moss Lake lake bed
project (including all prior phases) in the past?
4b If the Corps made the jurisdictional determination, what type Final
j of determination was made?
4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company
Name (if known) Other Unknown
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 Unknown
this project (Including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
1
I
j
6. Future Project Plans
6a Is this a phased project? No
6b If yes, explain

C. Proposed Impacts Inventory
1. Impacts Summary
la 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
Wetland impact
number
Permanent (P) or
Tem ora
2b
Type of impact
2c
Type of wetland
2d 2e
Forested Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
i
j 2f Area
of
impact
(acres)
W1
W2
W3
W4
W5
W6
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
Stream impact ; Type of impact
number
Permanent (P) or
Temporary (T)
3c 3d
Stream name Perennial (PER) or
intermittent (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear [
feet)
S2
S3
S4
S5
S6
3h Total stream and tributary impacts
31 Comments
Page 4 of 10
PCN Form — Version 1 4 January 2009

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 hst_all_ open water impacts below
4a 4b
4c
: 4d
-- -- -- - - - - --
4e
I Open water Name of waterbody
impact number (if applicable
Type of impact
Waterbody
Area of impact (acres)
Permanent (P) or
type
I
Temporary
-
01
- --
02
--
03
04
4f Total open water impacts
12 95 Acres
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a 5b
5c
5d 5e
Pond ID number Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet) Upland
purpose of pond
(acres)
Flooded
Filled
Excavated
Flooded Filled
Excavated i
P1
5f Total.
5g Comments
5h is a dam high hazard permit required* Yes No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
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. Project is in which protected basin? Neuse Tar - Pamlico Catawba Randleman Other
6b
6c
6d 6e
6f
6g
Buffer Impact
Reason for impact
Stream name ; Buffer
Zone 1
Zone 2
number—
mitigation
impact
impact
Permanent (P) or
required
(square
(square
Temporary
feet
feet
Bi
B2 --
-i
B3
84
- - --
B5
- --
- --
6h Total Buffer Impacts:
61 Comments
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Min
1a Specifically describe measures taken to avoid or minimize the proposed impacts In designing project Proposed impacts of this
project are minimized through design primarily by designing the project around scheduled maintenance of the lake by the City of Kings Mountain
Lowering the lake level by +/ -14' will drastically reduce impacts to the lake and creek Other design measures to be implemented include a
combination of Silt Fence, Silt Fence Rock Outlets Temp Sediment Traps, Diversion Ditches and Berms constructed adjacent to the creek will be
used to minimize sediment contamination
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Proposed measures to minimize impacts will be a combination of devices and measures Silt Fence, Silt Fence Rock Outlets, Temp Sediment Traps
Diversion Ditches and Berms constructed adjacent to the creek will be used to minimize sediment contamination When the lake level is lowered and
the weather conditions are optimal Construction methods also to include utilizing existing haul roads and vacant upland property for spoils areas
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?
DWQ Corps
2b If yes, mitigation Is required by (check all that apply)
Mitigation bank
2c If yes, which mitigation option will be used for this
payment to in -lieu fee program
project?
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
Type
Quantity
3b Credits Purchased (attach receipt and letter)
Type
Quantity
Type
Quantity
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
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
1
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
Page 6 of 10
PCN Farm — Version 14 January 2009

ii Ruffpr Mirinatinn lStato Rpnnlatori Rinarian Ruffpr Rnlocl _ rpnnirod by nW(3
6a Will the project result in an impact within a protected riparian buffer that requires
Yes No
buffer mitigation?
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
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier I
Required mitigation
(square feet)
(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
Page 7 of 10

2c If this project DOES NOT require a Stormwater Management Plan, explain why
2d
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
i 3.
1 a
Does the project include or is it adjacent to protected riparian
buffers identified I Yes No
1 b
within one of the NC Riparian Buffer Protection Rules?
If yes, then is a diffuse flow plan included? If no, explain why
Phase II
Yes No
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
oho
2b
Does this project require a Stormwater Management Plan?
Has the approved Stormwater Management Plan with proof of approval been
Yes No
attached?
2c If this project DOES NOT require a Stormwater Management Plan, explain why
Page 8 of 10
PCN Form – Version 14 January 2009
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
2e
Who will be responsible for the review of the Stormwater Management Plan?
i 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
I 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
Yes No
attached?
—
5
DWQ 401 Unit Stormwater Review
-
5a
- _
Does the Stormwater Management Plan meet the appropriate requirements?
E
Yes No
5b
Have all of the 401 Unit submittal requirements been met?
Yes No
Page 8 of 10
PCN Form – Version 14 January 2009

IX
F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the Yes No
use of public (federal /state) land?
lb
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
1c
(North Carolina) Environmental Policy Act (NEPA/SEPA)'� I
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
2.
letter }
Comments
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?
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 I
I
Page 9 of 10
PCN Form — Version 14 January 2009

6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or Yes No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
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)
j 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
No
status (e g , National Historic Trust designation or properties significant in f
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
National Historic Trust designation
I
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
8b If yes, explain how project meets FEMA requirements
I
8c What source(s) did you use to make the floodplain determination?
City of Kings Mountain Property Data
m
Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's Date
signature is valid only if an authorization letter
from the applicant is provided ) I
Page 10 o'110