20230419 Ver 1_ePCN Application_20230310

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
3/10/2023
BIMS # Assigned
20230419
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
190 CADDY LANE PROJECT
1a. Who is the Primary Contact?*
Emma Barden
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/10/2023
Nearest Body of Water
Lake Lure
Basin
Broad
Water Classification
Tr
Site Coordinates
Latitude:
35.433560
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Rutherford
Is this a NCDMS Project
Yes No
Longitude:
-82.216155
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:Joey.Winston@ncdencgov
1c. Primary Contact Phone:*
[phone]
Is this project a public transportation project?*
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)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
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
197800056 - Piers, Docks, Boathouses
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
1h. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe 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:
Water Tiger LLC
2b. Deed book and page no.:
2061/284
2c. Contact Person:
Nancy Abernethy
2d.Address
Street Address
89 Evelyn Place
Address Line 2
City State / Province / Region
Asheville NC
Postal / Zip Code Country
28801 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:'
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Terrence P. Duffy
3b. Business Name:
Terrence P. Duffy, CCM
3c.Address
Street Address
441 VS Dalton Road
Address Line 2
City
Rutherfordton
Postal / Zip Code
28139
3d. Telephone Number:
[phone]
3f. Email Address:"`
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Odom
4b. Business Name:
Odom Engineering, PLLC
4c.Address
Street Address
169 Oak St.
Address Line 2
City
Forest City
Postal / Zip Code
28043
4d. Telephone Number:
[phone]
M. Email Address:'
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Chimney Rock
2. Proiect Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
1655436 0.57

2c. Project Address
Street Address
190 Caddy Lane
Address Line 2
City
Lake Lure
Postal / Zip Code
28746
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Lake Lure
3b. Water Resources Classification of nearest receiving water:
Tr
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050303
4. Project Description and History
State / Province / Region
NC
Country
USA
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: "
The site is a Residential Area. An existing old house is to be demolished, and a new house and Boat House will be constructed.
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:
4g. List the total estimated linear feet of all existing streams on the property:
109.39
4h. Explain the purpose of the proposed project:*
This is for the construction of the New Boat House.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
There will be minimal impact since the contractor will be driving the 6"x6" PT pilings; hence there won't be any excavation for footings and no concrete to be used in the scope of work. The
pilings will be hand driven to refusal with an 80LB 2-man conventional manual pile driver. Piles will be driven from either site -erected scaffolding or a small work barge. There will be no
heavy equipment to be used in the lake bed throughout the construction scope. The contractor will only use conventional power tools.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O 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 O Buffers
Open Waters Pond Construction
4. Open Water Impacts
4a. Site #
4all. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Site 1
Boat House
P
Lake Lure
Dock & Pier
_11
Lake
0.00
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.00
4g. Total open water impacts:
0.00
4h. Comments:
There are 51 pcs. of 6"x6" P.T. Piles to be driven in the Lake Bed, which is 0.0003 Ac (12.75sf) total.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed project includes the construction of a boathouse. Construction activities will be limited to daylight hours.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To minimize the proposed impact, the contractor shall limit the area of disturbance. Necessary erosion control measures will be provided and keeping
the site clean regularly such as picking up debris, if there is any.
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:
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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:
The proposed project is for a Boat House and is outside the Lot Area.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
O

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
3b. If you answered "no," provide a short narrative description.
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?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes No Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The receiving stream is classified as Tr according to NC Surface Water Classifications.
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?
https://www. nps.gov/subjects/nationalregister/database-research. htm
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:
The project is located in Lake Lure. The Town of Lake Lure Floodplain Development Permit has been filed with the Town of Lake Lure Floodplain
Administrator.

8c. What source(s) did you use to make the floodplain determination?"
NC FLOOD MAPS
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
Abernethy 1.pdf 1.74MB
Abernethy 9.pdf 1.22MB
Abernethy 10.pdf 1.28MB
File must be PDF or KMZ
Comments
The contractor is hoping to start the piling works before the lake comes back up the end of March 2023.
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:
Terrence P. Duffy
Signature
het', etice Buffo
Date
3/10/2023
U