20180134 Ver 2_Lake Tahoma IP application package 03162023_20230316

CLearWaLer
An EnviroScience CompanyL
C1earWater Environmental Consultants, Inc
www.cwenv.com
March 16, 2023
Ms. Amanda Jones Mr. Paul Wojoski
US Army Corps of Engineers NC DWR, 401 Permitting & Buffer Unit
Asheville Regulatory Field Office 512 N. Salisbury Street, 9th Floor
151 Patton Avenue, Room 208 Raleigh, North Carolina 27604
Asheville, North Carolina 28801
RE: Lake Tahoma Dredge Project
Individual Permit Application
McDowell County, North Carolina
Dear Ms. Jones and Mr. Wojoski,
The attached Individual Permit application is being submitted on behalf of Lake Tahoma, Inc.,
represented by Mr. Robert Cottam. The applicant is seeking permit authorization for impacts to
open waters associated with dredging of Lake Tahoma and deposits in a dredge spoil area, which
is located near 3300 Lake Tahoma Road in Marion, McDowell County, North Carolina (Parcel #
0783-00-12-6465). The request would be a modification to the existing Corps individual permit
issued September 17, 2019 (SAW-1997-02095).
Please contact me anytime at 828-698-9800 or eromaniszvn(a�enviroscienceinc.com if you have
any questions regarding the application and supplemental information. A copy of this application
has been sent via email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron
Hamstead, US Fish and Wildlife Service; and Mr. Joey Winston, NCDEQ Division of Water
Resources - Asheville Office.
Sincerely,
E=Roaniszyn
Senior Scientist
Copy issued:
NC DEQ Division of Water Resources, Asheville Office — Joey Winston
NC WRC — Andrea Leslie
US FWS, Asheville Office — Byron Hamstead
145 Th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW — -
1. Project Name:
Lake Tahoma Inc.
2. Work Type:
Private ❑� Institutional
❑
Government ❑
Commercial ❑
3. Project Description / Purpose:
To authorize removal of approximately 244,137 cubic yards of sediment from Lake Tahoma,
including construction of a dredge spoil area, a boat access ramp, and a temporary stream crossing.
4. Property Owner / Applicant:
Lake Tahoma Inc.
S. Agent / Consultant: ClearWater Environmental Consultants
6. Related Action ID Number(s): SAW-1997-02095
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project is located at 3300 Lake Tahoma Road, Marion (approximate address), in McDowell
County, North Carolina. 35.723667,-82.090139
8. Project Location - Tax Parcel ID: 0783-00-12-6465
9. Project Location —County: McDowell
10. Project Location — Nearest Municipality or Town : Marlon
11. Project Information — Nearest Waterbody: Orchard Creek / Lake Tahoma / Buck Creek
12. Watershed / 8-Digit Hydrologic Unit Code: Catawba / 03050101
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404
Regulatory Action Type:
❑✓ Standard Permit
U Nationwide Permit #
❑ Regional General Permit #
❑ Jurisdictional Determination Request
F
]Unauthorized
Pre -Application Request
Activity
0 Compliance
❑ No Permit Required
Revised 20210513

C�earWater
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section I0 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: C�V t �r' : F C C :r� i I i rf[, t P
t-e 5 LA?-k-r ; L
Property Owner Address:
Phone Number: 6 - eR7 0 Co
Email address: W C- C act . c em
Property Location: s! t e. i e a , 0'vv1 k ' "\ ' �h a t+-° e o - u
Owner/Managing partner Signature: -,_.-7!1
Owner/Managing printed name: ��l �� L� , �J � IA f Iyi AA(.)
Date: 1 (�; — ACo a- 0
32 Clayton Street
Asheville, NC 28801
Phone; 828-698-9800
www.cwenv.com

Individual Permit Application for U.S. Army Corps of
Engineers Section 404 Permit
and
North Carolina 401 Water Quality Certification
March 10, 2023
Applicant:
Lake Tahoma, Inc.
Attn: Paul Coughlin
Project Location:
3300 Lake Tahoma Road
Marion, NC 28752
Prepared by:
C1earWater Environmental Consultants, an EnviroScience Company
145 7th Ave West, Suite B
Hendersonville, NC 28792
828-698-9800

U.S. Army Corps of Engineers (I ISACE)
Form Approved -
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB No. 0710-0003
33 CFR 325. The proponenl agency is CECW-CC)-R-
Expires; 02.28.2022
The public reporting burden for this collection of information, OMB Control Number 0710-0003, is estimated to average 11 hours per response, including the time
for reviewing instructions. searching existing data sources- gathering and maintaining the aata needed, and complel;ng and reviewing the collection of
information. Servo comment, reyar(hr:g +.hr Cu Jtn sti r,i[e i,r [i.irder reduction suggestions iv the Department of defense. Washington Headquarters Services.
ai _ _ _ Respondents should he aware that rotwithstsneing any other provision of law, no person shall
be subject to any penalty for fading to comply with a Collection of information if it does not display a currently valid OMB control number PLEASE DO NOT
RETURN YOUR APPLICATION TO THE ABOVE EMAIL.
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act, Section 10, 33 USC 403: Clean Water Act. Section 404- 33 USC 1344, Marine Protection. Research. and Sanctuanes Act
Section 103, 33 USC 1413: Regulatory Programs of the Corps of Engineers: Final Rule 33 CFR 320-332. Principal Purpose Information provided on this form w:l
be used in evaluating the application for a permit. Routine Uses. This information may be shared with ,he Department of Justice and other federal. state and local
government agenaes, and the public and may be made available as part of a public nolir..e. as required by Federal law. Submission of requested Information is
voluntary however- if Information is not provided the permit all cannot be evaluated nor can a permit be issued. One set of original drawings or good
reproducible copies which show the location and character of the proposed activity must ❑e attached to this application (see sample drawings and/or instructions)
and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completes in full will be returned.
System of Record Notice (SORN). The information rere.ved is entered -nto our permit triirl.,ing r)atahase and a SORN has been completed (SORN 9A1145b)
and may be accessed at the following website:
(ITEMS i THRIJ 4 TO BE FILLED BY THE CORPS]
1. APPLICATION NO. 2. FIELD OFFICE CODE
3. DATE RECEIVED 14.
DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5 APPLICANT'S NAME
a. AUTHCRIZED AGENT'S NAME ANC) TITLE {agent is not required)
First - Ytlul Middle -F Last - C'csuyllIin
First - Lrtc Middle - Last - Rumanlszyn
Company - Lakt Tahonttt Incorporated
Corimpany - CIrZ[T'W CIr. an 1-m iroScicnc.d Con111an�
E-mad Address -p A Cc(aaoI-cnill
E -ma ll Address-Crii1Tltlnls7`'tlitt C11VIrasClcllCc! inc,00fil
S. APPLICANT'S ADDRESS
9. AGENT'S ADDRESS.
Address- 908 Furctil Hill Drip u
Address- 145 7111 Avemw %Vv,t: 5ullc 13
City - High point State - NC Zip - 272621 Country -L'SA
City- Hendersonville State - ItiC Zap- 28797 Country -USA
7, APPLICANT'S PHONE NOs. wIAREA CODE 10. AGENTS PHONE NOs- wiAREA CODE
a. Residence b- Business c. Fax a Residence b Business c. Fax
c :16) X70-5280 (828) 698-9M)0
STATEMENT OF AUTHORIZATION
11. l nereby authorize, CfearWater to act in try, behal' as my agent in :he processing of tr:is application and to furnish upon recuiasl
supplemental information in support of pplication,
slfvAul A�P:1cA — — DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE {see Instructions)
Lakr _Fahoma Dredging,
13, NAME OF WATERBODY IF KNOWN (if applicable)
14- PROJECT STREET ADDRESS (if applicable)
Lake Tahnina
Address +300 L.akr Fuhuilla Ru;ld
15. LOCATION OF PRO.;ECT
Lamude N 3S."3007 Longitude: W-82.09009
City- Marion State- tiC Zip- ,N-�,
15 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see ristructions)
State Tax Parcel ID 07. 3-[00-12-(465 Municipality near Marion. tiC.
seC:io7 Township - Range -
ENG FORM 4345, FEB 2019 PREVIOUS EDITIONS ARE OBSOLETE- Page I of 3

Frini Frrm
Save
1 �. �I tC1l Ok+IS �`f7 tki� StT�
From Ashevi11e, tallow 1-40 Fastbound, take Fix it 72 for U -70 toward Old Fort. Confinueon US-70 Easfb and for approxi nmiely 9 miles.
Turn right on to NC-80 North (Lake Taitarna Road). Continue on NC-80 North l bake Tahoma Road) for approximately 3 miles to reach the
Orchard Meadow dredge disposal area prqeat sitr (Figure 21.
18. Nature of Activity (Dmedption of projer_t, hwJLde al features)
See xt4ched Engineering Forth 4345 Supplement.
1g_ Project Purpose tOesenbe the reason or purpaee of the project, sat int&=Cons)
The pwpow of the Lake Tahoma Dredge Project is to authorim the r moval of approx inwtel y 244.137 cubic yards of sett sediment from the
bottom of Lake Tahorrtu. Fxmss sediment has accumulated whets' Ruck Creek and Little Flock Creek enter the lake. Tht• authori{motion would
include ertablishing a dredge spoil area on property owned by Lake Tahoma, Inc. (property owners association) near the smthtnu t corner of
Lake Tafrvma, cpnstruCtion of beat access ramp adjacent to the dredge ToiI area, and a temporary strum crusting to access a section of the
dredge spoil area, The request would be a modiFrcartion to the existing CD;ps individual permit is-ued September 17, 2019
(SA-1997-02095).
USE BLOCKS 20-23IF DREDGED ANDOR FILL MATERLAL kS M BE DISCHARGED
20. Reason(s) (or discharge
To ro-move accvmulari d sediment at the ccmflucnocs with [lack and Little Duck erreks, which would improvc and protect the recreational,
aesthetic, and natural (habitat and wildlife) characteristics ofthe reservoir.
21. Type(s) of Material E3eing Dw�charged and the Arnount of Each Type irF Cubic Yards;
Typo TYPE Type
Amount In Cubic Yards Amount hi Cubic Yards Amount in Cubic Yards
DriAge Spoihi) 244.137 cubic yards
22. Strliace Area in ,acres of Wetlands or parer Wators F Hied (sere tmtrueNarrs)
Acres 0
or
Lk w Feat 37 for temporary stream crossing
21 Cescriviion of Avoidance, trdi i(nizatiom end Compenm8bun (gee insmmivnS)
Sce attached Engineering Form 4345 SupplLmcm.
ENG FORM 4345. FEB 2019 Page 2 of 3

24 Is Any Portion of the Work Already Complete? F]yes �No 1F YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners, Lessees Etc., Whose Properly Adjoins the Waterbody id nyre ran :,a d„te en hare pla28 BSiBL'n 3 Suppkimer;d, l
a- Address- See altache[I Ettgineerince Forin 4345 Supplement and l-i',LIIl• f,
City - State - Zip -
h. Address -
State - Zip -
C. Address -
City - Stale - Zip -
d- Address -
City - State - Zip -
e- Address -
City - Slate -
Zip -
26. L st of Other Certificates or Approvals Denials received from other Federal, State or Local Agencies for Work Described in Tees Application
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
Sce 434- % Supplement
Would include but is not restricted to zoning. building• and flood plain permits
27 Ap lion Is hereby oe for permst or perrnits to authorize the work describes n Inis application I Certify that this information in this application is comple:r
a aeCura I f ther c [ha[ I po ash the aulhorty to undertake the work described hF«; .•i•,, authorized agent of the aaphcanI
:Z3 -►-� 03-09-2023
SIGN T RE C7F A CANT DATE ,N• ENT DATE
The Application must be signed by the person who desires to undertake the proposed activit. plicant] or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C- 5eciton 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme. or di5guises a material fact or makes any false. fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to Contain any false. fictitious or fraudulent
statements or entry, shall be fined not more than S10.000 or imprisoned not more than five years or both.
ENG FORM 4345. FEB 209 Paqe 3 o` 3

ENG FORM 4345 CONTINUED:
APPLICATION FOR OPEN WATER IMPACTS ASSOCIATED WITH THE HYDRO -DREDGING
OF LAKE TAHOMA.
15. Location of Project
The project is located on Lake Tahoma near 3300 Lake Tahoma Road in Marion, McDowell
County, North Carolina (Figure 1).
18. Nature of Activity
This permit application is a modification to the existing US Army Corps of Engineers (Corps)
individual permit issued September 17, 2019 (SAW-1997-02095). That 10-year permit covers 2.1
acres to remove approximately 9,000 yds3 from Buck Creek and 3,000 yds3 from Little Buck Creek
behind cofferdams, along with periodic maintenance dredging. This work was completed but
sediment monitoring has indicated additional dredging is needed within ten years. Also, a 2020
hydrographic and sediment quantity study of the areas near Buck Creek and Little Buck Creek
behind the cofferdams and in deeper water found extensive soft sediments (see Attachment B).
This project will address several needs of the Lake Tahoma community, including:
• Required sediment maintenance above cofferdams installed in 1997 at the mouths of Buck
Creek and Little Buck Creek; the cofferdams capture sediment from sources off property
(roads, mining operations, streambanks) but lose effectiveness if sediment is not removed;
• Expanding dredging operations beyond the cofferdams further into the lake;
• Restoring/maintaining stream and lake depth to improve their use for boating and fishing as
well as aesthetics;
• Improving aquatic habitat that has been degraded by excess sediment and temperature due
to shallow depths; and
• Helping maintain capacity of Lake Tahoma, which is an important drinking water source for
the town of Marion.
The applicant is seeking an amendment to the existing Corps decision document for the following
reasons:
1. To extend the existing Corps permit for dredging above the cofferdams through December
31, 2063; this permit uses clamshell (mechanical) dredging techniques and the current
individual permit expires December 31, 2029;
2. To request a 40-year permit for dredging downstream of the cofferdams using hydro -dredging;
3. To change the dredge spoils disposal area to a new location adjacent to Lake Tahoma; and
4. To permit return water from upland contained disposal areas and temporary stream impacts
associated with construction of the dredge disposal area.
The Limits of Disturbance for dredging would be the entire 160 acres of the reservoir, and 17.4
acres for the dredge disposal area. If approved, the conditions outlined in the existing Corps
Individual Permit and NC Division of Water Resources (DWR) 401 Certification would be followed,
unless otherwise directed by the regulatory agencies.
Two previous individual permits were received in 1997 and 2017 for dredging and managing
sediment in Buck Creek and Little Buck Creek, with dredging events occurring in 1997, 2009,
2017, 2019, and 2020. During the most recent dredging, both streams were mechanically dredged
but hydro -dredging was used to access harder to reach areas of Little Buck Creek.
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 1

Hydro -dredging is the preferred method for dredging downstream of the cofferdams because of
deeper water and this method typically causes less impact. It is not considered a viable option
upstream of the cofferdams because most of these areas are not accessible due to cofferdam
location and they collect woody debris and large cobble which obstructs the hydro -dredge
operation. Also, if the dredge disposal site is not changed, hydro -dredging would not be viable
due to costs and transportation logistics of pumping or hauling spoils the approximately two-mile
distance from the dredge area to the currently permitted Miller Farm disposal site. The new
proposed disposal location at Orchard Meadow is adjacent to the lake and would be a shorter
pumping distance (Attachment A).
Dredging will be conducted in phases and is expected to occur as an ongoing project over 40
years. Phase I is proposed to start in 2023 and will focus on the mouths of Little Buck Creek (Area
A; Attachment B) and Buck Creek (Area B) upstream and downstream of their cofferdams using
mechanical and hydro -dredging techniques. Area A covers approximately 6.2 acres and Area B
covers approximately 10.3 acres for a total area of 16.5 acres proposed to be dredged. These
areas contain approximately 32,920 yds3 and 84,959 yds3, respectively, of soft sediments
according to the 2020 hydrographic and sediment quantity study (Attachment B). Dredge
materials would be disposed of it at the Orchard Meadow disposal area, which has a capacity of
approximately 244,137 yds3.
Both tributaries have sediment retention structures (cofferdams) where they enter the lake, which
function to minimize sedimentation into the lake by collecting and storing it as it travels
downstream. These structures, as well as lake dredging to remove sediment, were authorized by
permits issued in 1997 and 1998. They require periodic maintenance to remove sediment to
ensure storage capacity isn't exceeded, which would result in sediment flowing into the lake. No
impacts to wetlands would occur as a result of this continued mechanical dredging activity.
The second dredging phase is dependent on the remaining storage capacity at the Orchard
Meadow discharge site following the completion of Phase I activities. Phase 11 will focus on
Caretakers Cove (Figure 3) and other portions of the lake that were not dredged during Phase 1.
Phase I I dredging areas will be selected on a greatest -need basis but will not occur near the dam
for safety reasons. Before Phase 11 begins, a notification and site plan will be submitted to the
Corps and DWR. If needed during either dredging phase, a waiver for the NC Wildlife Resource
Commission trout moratorium would be requested as trout do not typically reproduce in lakes.
The dredging barge carries a hydraulic, horizontal cutter that can reach approximately 30 to 35
feet in depth. The barge will enter the lake via a new gravel drive and boat ramp. The gravel drive
and boat ramp will access the lake from Lake Tahoma Road near the Orchard Creek culvert
crossing (coordinates 35.723806,-82.089773; Figure 5). The gravel drive will consist of ballast
over woven geotextile, the distance will be determined at the time of construction. The ramp will
be 60 feet in length and 16 feet wide (Attachment A). It will be constructed as a gabion mattress
placed over ballast. The ballast will be placed over woven geotextile.
Orchard Creek crosses under Lake Tahoma Road via two side -by -side concrete culvert; the
dimensions of both are 5 feet wide (12 feet total width with center support), 6 feet high, and 50
feet long. The applicant expects the culvert will be used as a chase for the discharge line. The
NC Department of Transportation (DOT) has verbally approved use of the culvert as a chase for
the dredge spoils pipe; the applicant is in the process of establishing an agreement with DOT.
The discharge area is an upland valley known as Orchard Meadow located at approximately 3339
Lake Tahoma Road, Marion, NC (Figure 3). The previous location was the Miller Farm, as
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 2

approved in the Corps letter dated October 30, 2020 to Mr. Robert Gregory. The new location
provides more storage space to accommodate the additional discharge material and reduces
costs due to shorter transport distance and not having to use dump trucks.
The discharge area is composed of an existing meadow covered primarily with grasses, and two
recently cleared sections of forest. The discharge site is approximately one mile (by water) from
dredge Area A to the northeast and 0.7 miles from Area B to the north (Attachment B). Orchard
Creek and several unnamed tributaries flow through the storage areas.
The discharge area will be divided into three storage areas (Attachment A): A (8.13 acres), B
(5.53 acres), and C (3.71 acres). Storage areas A and B will be closest to the lake at a distance
of approximately 550 feet at their closest point. The total storage capacity will be 244,137 yds3,
which is anticipated to provide 40 years of storage capacity.
Storage Area A will be divided into six containment and dewatering cells. The capacity of each
cell will be:
• Cell 1 = 17,447 yds3,
• Cell 2 = 12,838 yds3,
• Cell 3 = 7,584 yds3,
• Cell 4 = 11,664 yds3,
• Cell 5 = 21,826 yds3, and
• Cell 6 = 26,439 yds3.
Additional cell details are provided in Table 2 in the engineering plans provided in Attachment A,
including elevations and coverage area. The cells will act as two -basin dewatering structures to
treat water taken from the lake. Cells 1 and 2 will function as one unit separated by a phase
separation dike, as will cells 3 and 4, and cells 5 and 6. Each cell will have two feet of freeboard.
Areas B and C are each composed of one cell (7 and 8, respectively), which are designed for
greater capacity:
• Cell 7 = 91,373 yds3 and
• Cell 8 = 54,966 yds3
Each of these cells will include a phase separator dike, which will be raised as the basin is filled.
Each addition will occur when up to eight feet of discharge material is added, to be determined
by engineering oversight. The additions will be ten feet high maximum and include two feet of
freeboard. Sloped retaining walls will be used to avoid impacts to wetlands and the trout buffer
(Attachment A); three walls will be used in cell 7 and two in cell 8. The maximum height of the
retaining walls is four feet.
The cells will not be constructed at the same time. They will be constructed when needed as other
cells are filled. The dredge discharge line will first extend to cells 5, 6 and 7 due to their close
proximity to the reservoir.
Water drained from the dredge spoils will be discharged into Orchard Creek through 18-inch
diameter HDPE discharge pipes placed at the bottom of cells 2, 4, 6, 7, and 8. Each pipe will be
placed in a concrete cradle for structural support. The pipe inlet will be a 48 in diameter HDPE
riser extended to the top of the cell embankment and surrounded by rock filter. The pipe outlet
will be protected with a headwall and twelve feet of rip -rap energy dissipator to prevent erosion.
The storage areas, including discharge pipes and energy dissipators will be located outside the
25-foot riparian buffer.
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 3

At the mouth of Orchard Creek with Lake Tahoma, a Type 3, double floating silt curtain turbidity
barrier will be placed approximately 80 feet into the lake to prevent any silt created by dredging
discharge or construction operations from flushing into the lake (Attachment A). The curtain will
be elevated above the lake bottom no more than two feet.
Area A will be accessed via an existing dirt road used to access the fields. The access road to
Areas B and C will be newly constructed on top of an existing soil road in adjacent upland forest.
The trees at Areas B and C have already been cleared; additional tree clearing of approximately
0.5 acres will be needed for the access road.
The access road to Areas B and C will require one temporary stream crossing. The crossing will
be over a HDPE culvert that will impact approximately 40 linear feet of stream (0.003 acres). The
culvert will be installed in the dry and embedded per permit conditions (see detail sheet D3).
The temporary crossing will be used to construct cell 8. After construction, it will be removed until
cell 8 is needed for dredge materials, at which time the Corps and DWR will be notified of its
reinstallation. Once cell 8 is filled to capacity and no longer used, the temporary crossing will be
removed again.
Typical earth -moving equipment (i.e. backhoe, dump truck, bulldozer, etc.) will be operated from
upland areas to create the dewatering basin structures. When the dewatering basins are full, they
will be seeded and planted with native vegetation.
23. Description of Avoidance, Minimization, and Compensation
Only areas with the most accumulated sediments as determined by the hydrographic and
sediment quantity study will be targeted to avoid excess dredging.
Hydro -dredging minimizes the risk for erosion and sediment control problems when compared to
traditional dredging methods. If mechanical dredging methods were used, such as in past
dredging events, multiple streamside areas would have to be cleared for equipment access, which
would disrupt riparian buffers and potential destabilize banks. Also, a temporary crossing would
need installed over Little Buck Creek to transport dredging equipment.
Orchard Meadow is an area already impacted by human modifications. Locating the disposal area
here will minimize impacts on the natural environment, including wildlife, by avoiding more
extensive impacts that would occur if constructed in another less impacted area.
Dredge material will be pumped into a two -basin dewatering structure to promote maximum
settling of suspended particles. The locations of the dewatering basins begin approximately 550
feet from the lake. Cells 1 to 6 would involve minimal clearing of woody vegetation due to current
land use being open field. Trees would need removed for cells 7 and 8. All cells will be placed in
uplands at least 25 feet from streams or wetlands.
The discharge pipes for cells 2, 4, 6, 7, and 8 will be placed in a concrete cradle for structural
support (Attachment A). The pipe inlet will be a 48-inch diameter HDPE riser extended to the top
of the cell embankment and surrounded by rock filter. The pipe outlet will be protected with a
headwall and twelve feet of rip -rap energy dissipator.
The access road location for storage area A will use an old roadbed and requires minimal grading
and tree clearing, and no stream or wetland impacts. The access road location for storage areas
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 4

B and C will use an existing, unimproved soil road. This road will include a temporary stream
crossing between cells 7 and 8. The culvert will be installed and removed in -the -dry using a pump
around system.
The gravel drive and boat ramp will consist of ballast stone over woven geotextile (Attachment
A). In addition, the ramp will have a gabion mattress placed over the ballast. These will be installed
in the dry when lake levels are low.
There is little risk of sediment that has accumulated behind the dam to be released downstream
as a result of dredging activities. At the dredging locations, the distance to the dam is great enough
to allow silt and sediments to settle before reaching the dam. Downstream of the Orchard Meadow
disposal site, a Type 3 double floating silt curtain will be installed approximately 80 feet from the
mouth of Orchard Creek into the lake. The curtain will be elevated above the lake bottom no more
than two feet.
At the base of the dam there is a 24-inch valve, which is permanently closed. The dam's penstock
will be used to lower lake levels a maximum of four feet for boat ramp installation and mechanical
dredging. The penstock is operated so the intake side remains clear of debris and siltation.
Appropriate erosion and sediment controls will be used during all construction phases, including
silt fence and stabilizing with seed and straw when construction activities are complete. The
dewatering basins will also be seeded and planted with native vegetation when full. There is
potential to sell the spoils for fill material once they are dry to extend the lifespan of the basins for
future use.
A summary of the avoidance and minimization of proposed impacts is found in Table 2.
Table 2. Avoidance and Minimization
On -Site
Proposed
Percent Avoided
Feature
Total
Impact
and Minimized
10,886 If /
Stream
40 If
99.7%
1.242 ac
Wetland
0.187 ac
0 ac
100%
Open
0.182 ac
0 ac
100%
Water
Because the proposed dredging will not involve any permanent impacts, no compensatory
mitigation should be required.
No impacts to federally protected threatened or endangered species are expected from this
project. Most trees that may have been used as summer refugia by species such as bats have
been removed; they were cut during the recommended winter period of November 1 to March 31
when bats are in their winter roosts (caves). Additional tree clearing of approximately 0.5 acres
will be needed to construct the access road to Areas B and C; this will take place between
November 1 and March 31 to accommodate bat species, particularly the northern long-eared bat
moratorium.
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 5

25. Names and Addresses of Adjoining Property Owners
Owner
Mailing Address
City
State
Zip Code
Robin Turner Oswald (Trustee)
10 Cedarcliff Rd
Asheville
NC
28803-2906
Martha F Noblitt
104 Brookdale Dr
Shelby
NC
28150-5510
William McMurray III Trustee
108 Quail Ridge Ct
Lexington
NC
27292-4769
John A Owens
1086 US 70 W
Marion
NC
28752-5454
William Hill Evans Trustee
110 Gowan Pt
Marion
NC
28752-9064
Dolores Ann Demontmollin
11244 Kapok Grand Cir
St. Petersburg
FL
33708-3016
Janet Burhoe-Jones (Trustee)
113 Long Branch Rd
Swannanoa
NC
28778-3522
John M Green
1214 Yale Place
Charlotte
NC
28209-1440
Ralph W Meekins
1230 Brookwood Rd
Shelby
NC
28150-4200
Cummings Properties LLC
1270 Hendersonville Rd Ste 4
Asheville
NC
28803-1936
Nathan King Harrison
1301 Country Wood Ct
Mt. Pleasant
SC
29466-9056
Gary Grindstaff Trustee
1433 N Main St
Marion
NC
28752-6539
Sarah Noyes Hansen
145 15th Street NE, Apt 606
Atlanta
GA
30309-3558
Oliver R Cross III
1614 Hertford Rd
Charlotte
NC
28207-2108
Laura Dover
17 Fairmont Rd
Asheville
NC
28804-3804
Judy Webb Snyder
191 Quail Tree Ln
State Road
NC
28676-8968
Robert D Gregory
207 Valley Ridge Ln
Black Mountain
NC
28711-0320
M Orders Trustee
216 Normandy Dr
Morganton
NC
28655-4128
—Ralph
Kamaro LLC
22 Boddin ton Ct
Asheville
NC
28803-3149
William R Griffin III(Trustee)
23 Hampstead Rd
Asheville
NC
28804-2564
Emmett Montgomery
250 Grey Rd
Davidson
NC
28036-9778
Dennis K Martin
300 Lake Shore Dr
Marion
NC
28752-1180
Doug E Ponder
348 Lake Shore Dr
Marion
NC
28752-1180
Thomas C Johnson(Trustee)
3501 Lake Tahoma Rd
Marion
NC
28752-6209
Dennis J Whitson
3800 Sugar Hill Rd
Marion
NC
28752-9656
David T Wilson
42 Hilltop Rd
Asheville
NC
28803-3124
Thomas S Gillam Jr.
423 Crowfields Dr
Asheville
NC
28803-3276
Cornelia G Roy
439 Westover Ave
Winston Salem
NC
27104-2039
The Little Acorn LLC
442 W Kennedy Blvd Ste 380
Tama
FL
33606-1495
Cross Patch of NC
447 Westover Ave
Winston Salem
NC
27104-2039
C R Bell Trust
4911 Andros Dr
Tama
FL
33629-4801
Ryan Mount
4917 Spring Garden Way
Knoxville
TN
37918-4053
Robert Gunn Architecture PLLC
498 Little Buck Creek Rd
Marion
NC
28752-9001
Sarah G Butrum
5 Stuyvesant Rd
Asheville
NC
28803-3022
Peter W Jaber
50 Cedar Hill Dr
Asheville
NC
28803-3043
Mark W Ayers
5024 Carmel Club Dr
Charlotte
NC
28226-8022
Potluck 4 LLC
505 Woodward Way NW
Atlanta
GA
30305-4041
David T May (Trustee)
60 Terrace Rd
Asheville
NC
28801-1539
Elmer Bowman Family
607 5th St NW
Hickory
NC
28601-3611
Timothy Marshall Good
621 Brandy Ct
Waxhaw
NC
28173-9326
Lebbon
68 Green Forest Rd
Swannanoa
NC
28778-2245
—Douglas
Frank L Boldon
85 Montevista Ave
Marion
NC
28752-5376
William Knox Tate Jr.
852 Little Buck Creek Rd
Marion
NC
28752-5996
Susan B Williams
9023 Yellow Pine Ct
Waxhaw
NC
28173-8376
Paul W Coughlin
908 Forest Hill Dr
High Point
NC
27262-2932
Glendine B Smith Trustee
97 Wembley Rd
Asheville
NC
28804-1605
Jeannette C James(Trustee)
33 White Oak Rd
Asheville
NC
28803-2922
Lake Tahoma Inc.
PO Box 2758
Shelby
NC
28151-2758
Luisa Lorenzo Wilson
PO Box 1087
Marion
NC
28752-1087
John McDonald Cross
PO Box 147
Marion
NC
28752-0147
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 6

Owner
Mailing Address
City
State
Zip Code
Buck Creek Corporation
PO Box 2758
Shelby
NC
28151-2758
Julia Elizabeth Barker
PO Box 777
Montreat
NC
28757-0777
Eugene Cross III
PO Box 965
Marion
NC
28752-0965
26. Denials or Approvals from Other Agencies
A 10-year dredging permit was issued on September 17, 2019 (SAW-1997-02095). The following
permits were also received:
• DWR 401 permit#20180134 issued January 11, 2019.
• DEMLR trout buffer variance received June 26, 2019 (TB-MCDOW-2019-001).
• DEQ Land Quality Section Erosion Control Plan approved June 26, 2019 (MCDOW-2019-
015).
• DEMLR NPDES stormwater discharge permit was issued July 25, 2019 (Reference No.
NCG01-2019-09880).
A request to modify the Corps permit was made on September 9, 2020 to change the disposal
area to the Miller Farm. That was approved on October 30, 2020.
This application is to request a modification to the existing Corps permit. A new DWR 401 Water
Quality Certification and erosion control permit will be required.
SUPPLEMENTAL INFORMATION
This document supplements the information required by the foregoing "Application for Department
of the Army Permit," ENG Form 4345, including information for use in determining how the
proposed action satisfies applicable Section 404(b)(1) Guidelines for Specification of Disposal
Sites for Dredged or Fill Material, 40 C.F.R. Part 230, to the extent the Guidelines criteria are not
addressed in the text of Form 4345.
Current Characteristics and Conditions of the Project Area
Lake Tahoma, Inc. is a conservation -minded private lake community composed of 51 families that
own and maintain the lake, the dam, a historic casino, and 3,500 acres of surrounding land.
Community by-laws restrict the number of lots to 51, preventing additional development and
helping to preserve the surrounding acres as unspoiled forest land. For many years, Lake Tahoma
has invested significant energy and money into improving land, water quality, and ecology. Lake
Tahoma, Inc. purchased the dam in 1987 and restored it. They have stocked Buck Creek with
trout every year for 27 years. Motorboat restrictions, cofferdams at the mouths of two tributaries,
and dredging have all been used to maintain the condition and water quality of Lake Tahoma.
Lake Tahoma sits at an elevation of approximately 1,401 feet above sea level and consists of 51
home sites, a few small fields, a 162-acre lake with inactive hydroelectric dam (taken out of service
in 1992), a historic casino built on the lake, tennis courts, hiking trails, and gravel and dirt roads.
Beyond the immediate vicinity of the project area, land use is a mixture of public lands, residential,
and agricultural properties.
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 7

The vast majority of the Lake Tahoma property is forested. The dominant forest community there
is Mixed Mesic Hardwood Forest. Canopy species include tulip poplar, red oak, white oak, red
maple, cherry, hickory, birch, hemlock and white pine. The understory includes rhododendron,
holly, and ironwood.
There are several wetlands located on the site. The majority of these wetlands are riparian
wetlands either within the floodplain of channels, or where channels approach the lake. The
wetlands in the vicinity of the proposed dredging were identified by hydric soils, wetland
vegetation, and a significant source for hydrology. Vegetation in the wetlands areas includes
sycamore, willow, Polygonum sp., Carex sp., Ligustrum sp., bamboo, and Microstegium sp.
Several fields are present on the property, including the Orchard Creek dredge disposal area.
These locations are primarily upland -type habitats and maintained as old -field with abundant
grasses.
Orchard Creek, Buck Creek, and Little Buck Creek are classified by the NC Division of Water
Resources as "WS-II" (drinking water supply), "class B" (Primary Recreation, Fresh Water), and
"HQW" (High Quality Water). Buck Creek and Little Buck Creek also carry the Tr classification.
Lake Tahoma formed from the impoundment of Buck Creek.
The project Site is located within the Blue Ridge physiographic region and more specifically the
Eastern Blue Ridge Foothills Ecoregion. Soil series present on the site are found in Figure 4.
Alternatives Analysis for Lake Tahoma Dredging
The applicant considered three alternatives for the additional dredging that would occur beyond
the cofferdams: a) Preferred (As -Proposed) Alternative; b) Mechanical Dredging Alternative; and
c) No -Action Alternative.
a) Preferred (As -Proposed) Alternative (Hydro -Dredging)
The preferred alternative would use hydro -dredging techniques for dredging deeper areas of Lake
Tahoma at the mouths of Buck Creek, Little Buck Creek and Caretakers Cove (Figure 3), as well
as other areas if space allows in the dredge disposal area. Hydro -dredging has less impact on
the environment. It is faster, more efficient and cost-effective, and creates less turbidity.
Mechanical dredging would still be used upstream of the cofferdams where hydro -dredging is not
feasible.
In order to meet the stated project purpose, the Orchard Creek dredge disposal area must be
constructed adjacent to Lake Tahoma. This would be located in an area already impacted by
human modifications, which would minimize impacts on the natural environment, including
wildlife, by avoiding more extensive impacts that would occur if constructed in another less
impacted area.
b) Mechanical Dredging Alternative
Mechanical means of dredging beyond the cofferdams would be in -the -wet using a clamshell
system operated from a boat or barge. The penstock can't drop water levels far enough to be able
to operate mechanical equipment from the ground. Clamshell dredging is known to release
significantly more sediment resuspension and turbidity. This reduces dredging efficiency and
causing more environmental impact as sediment and turbid water flow to other lake areas. This
method would further reduce efficiency due to the double handling of the dredged materials, first
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 8

onto the barge then onto the haul truck. Additional impacts would occur to riparian buffer
vegetation and wildlife to create new access points for haul trucks.
c) No -Action Alternative
The National Environmental Policy Act (NEPA) requires that a No -Action alternative be analyzed
which takes into account the "predictable actions," if any, that may occur should the Corps decide
not to act. This No -Action Alternative assumes that Lake Tahoma, Inc. takes no action to remove
sediments accumulating in Lake Tahoma. Under this alternative, no hydro -dredging would occur
and the dredge spoil area and boat ramp would not be built. All adverse effects associated with
these activities would be avoided. All benefits to Lake Tahoma and the surrounding community
would not occur. The reservoir would continue to accumulate sediments, which would migrate
farther out into the reservoir, thus expanding the recreational and environmental impacts
associated with sedimentation. It would also reduce the water storage capacity of Lake Tahoma,
which would impact its use as a drinking water supply.
ENG Form 4345 Supplemental Information
Lake Tahoma Dredging Individual Permit Application pg. 9

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Attachment C
Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-1997-02095 County: McDowell County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Size (acres)
Nearest Waterway
USGS HUC
Lake Tahoma Incorporated
Mr. Paul W. F. Coughlin
908 Forest Hill Drive
High Point, NC, 27262
approximately 71 acres Nearest Town Marion
Buck Creek River Basin Santee
03050101
Location description: The project site is part of a larger+/- 2922 AC parcel designated as McDowell County Parcel ID:
078300126465. The project includes approximately 71 acres of land within the larger parcel and as shown on the
enclosed delineation may and is located at 3300 Lake Tahoma Road, Marion, North Carolina (Approximate Address).
35.722581,-82.094104
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described project area, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since thewaters, including wetlands, have not been properly delineated, this preliminary jurisdiction
determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary
determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at
the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend
that you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may
not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a
delineation that can be verified by the Corps.
Page 1 of 2

SAW-1997-02095
_ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon
for a period not to exceed five years from the date of this notification.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Crystal Amschler
at [phone] X 4231 or Crvstal.C.Amschler(ausace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN(a_,USACE.ARMY.MIL
In order- for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by **

SAW-1997-02095
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by Crystal
Crystal Amschler Amschler
Corps Regulatory Official: _ Data- 202:2 m 13 11-02-44 _na-nn,Date of PJD: July 13, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://t-cgulatoa.ops.usace.at-my. mil/customer-scl-viec-suivcy/.

SAW-1997-02095
TIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
Fr
REQUEST FOR APPEAL
plicant: Lake Tahoma Incorporated
File Number: saw-1997-02095
Date: 7/13/2022
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission
A
PROFFERED PERMIT Standard Permit or Letter of permission)B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.miFMissions/Civi]Works/Re ug lator ogramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. if you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

SAW-1997-02095
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
MR. PHILIP A. SHANNIN
Attn:
ADMINISTRATIVE APPEAL REVIEW OFFICER
69 Darlington Ave
CESAD-PDS-O
Wilmington, NC 28403
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(a_USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investi Tations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Floor M9, Atlanta, GA 30303-8803
Phone: [phone]; EMAIL: PHILIP.A.SHANNINkUSACE. ARMY.MIL

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Attachment D
401 Pre -File Submittal

Eric Romaniszyn
From: Eric Romaniszyn
Sent: Monday, January 9, 2023 11:12 AM
To: 401 PreFile
Subject: 30 day prefile Lake Tahoma Dredging
Project Name: Lake Tahoma Dredging
County: McDowell
Applicant Name: Paul Coughlin, Lake Tahoma, Inc. (Agent: ClearWater Environmental Consultants, an EnviroScience
Company)
Applicant Email: Agent: [e-mail]
**Please note that multiple projects may be submitted within the same email by supplying all the above information for
each project.
***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if
necessary use that copy in application/form submittal
Eric
Eric Romaniszyn
Senior Scientist
[LearWater
An EnviroScience Company JB
145 7th Ave West, Suite B, Hendersonville, NC 28792; EnviroSciencelnc.com
O. 828.698.9800 1 C. 865.406.12811 24h Emergency: (888) 866-BS40
OH I TN I VA I WV I An ) 1M