20231147 Ver 1_ePCN Application_20230816

DWR
Division 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:
5/19/2023
BIMS # Assigned
20231147
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:
Lake Adger Sand Mine
1a. Who is the Primary Contact?*
Jason Deck
1b. Primary Contact Email: *
[e-mail]
Date Submitted
8/16/2023
Nearest Body of Water
Green River
Basin
Broad
Water Classification
WS-Iv
Site Coordinates
Latitude:
35.326820
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Polk
Is this a NCDMS Project
Yes No
Longitude:
-82.240780
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[e-mail]
1c. Primary Contact Phone: *
[phone]
O
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 permits) 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
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
16 - Return Water from Upland
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
fig. 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 for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Polk County
2b. Deed book and page no.:
377 / 414
2c. Contact Person:
D. Marche Pittman
2d. Address
Street Address
P.O. Box 308
Address Line 2
City State / Province / Region
Columbus North Carolina
Postal / Zip Code Country
28722 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jason Deck
3b. Business Name:
Ameri-CON Materials
3c.Address
Street Address
2554 Deep Gap Farm Road
Address Line 2
City
Mill Spring
Postal / Zip Code
28756
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Ronald Walker
4b. Business Name:
S&ME Inc.
4c.Address
Street Address
48 Brookfield Oaks Drive, Suite F
Address Line 2
City
Greenville
Postal / Zip Code
29607
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Mill Spring
2. Proiect Identification
2a. Property Identification Number:
P55-571
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
South Carolina
Country
USA
4e. Fax Number:
2b. Property size:
18.67

2c. Project Address
Street Address
480 Palmer Road
Address Line 2
City
Mill Spring
Postal / Zip Code
28756
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Green River
3b. Water Resources Classification of nearest receiving water:
WS-IV
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050104
4. Project Description and History
State / Province / Region
North Carolina
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 riparian area within the Green River floodplain that has been prepped for sand mining operations. The mining will take place within the Green River within an approximately
5.21 acre area.
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:
5.031
4g. List the total estimated linear feet of all existing streams on the property:
4,500
4h. Explain the purpose of the proposed project:
The purpose of the project it the development of a commercial sand mining operation that will slow the amount of sediment accumulating within Lake Adger.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project is a new sand mine that will use dredging as its primary mode of operation for removal of sand from a 5.21-acre area within the Green River. The area within the Green River
will extend upstream of the on -shore facilities approximately 1,500 linear feet (LF) and downstream approximately 1,500 LF. The equipment to be used is a barge to be placed in the river
with an electric -cutter head dredge, with a slurry pipe to shore, an on -shore wash water pump, processing plant and stockpile area. The substrate material is pumped to shore, screened
and sorted into differing size classifications and stockpiled for transport. The water before being returned will be pumped into a sedimentation pond for removal of heavy fine materials
before flowing back into the Green River. The pond has been designed to include sufficient freeboard to assure the integrity of the dike. A water control structure will be installed at the
intake end of pond effluent. Flow will be piped to the river's edge of water. Dredging will not take place in Lake Adger. A National Pollutant Discharge Elimination System (NPDES) permit is
being obtained for this project that will require the return water to be monitored for water quality twice yearly.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
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): Ronald Walker
Agency/Consultant Company: S&ME Inc.
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes 0 No
O Unknown

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
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact'" �3�name*
��3e.
Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Return Water
Temporary
Other
Green River
Perennial
Both
75
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
4
3i. Total temporary stream impacts:
4
3j. Comments:
Impact will be the area of the return water piping back into the Green River - 4 LF. Dredging will take place within the Green River.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
There will be no net loss of jurisdictional waters. A properly designed sedimentation pond will be utilized to control and eliminate heavy fines from the
return water. The site wetland and streams will be buffered and avoided as depicted on Exhibit 7. The return water piping will be the only encroachment
within the buffer along the Green River.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A properly designed sedimentation pond will be utilized to control and eliminate heavy fines from the return water. Area of disturbance will be outside of
the wetland and stream buffers.
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 NWP 16 is typically a non -reporting activity except in Trout watersheds. Impact is minimal from the return waters. Overall the project will be a net improvement to the Green River and
Lake Adger due to the reduction of sediments in the river and lake.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project is located in the Broad River watershed that is outside of the Riparian Buffer Program.
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:
O

G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) 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
3b. If you answered "no," provide a short narrative description.
The sand mining operations is not anticipated to draw additional development to the area.
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?
IPaC report, NCNHP database search and generated NLAA NLEB Consistency letter attached.
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: https://www.habitat.noaa.gov/apps/efhmapper/?page=page_8
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?
HPOWEB
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:
Polk County issued a Floodplain Development Permit for this project - Attached.
8c. What source(s) did you use to make the floodplain determination?"
HEC-RAS 6.1.0 modeling
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
Lake Adger PCN Background and Attachments(MKA).pdf 6.69MB
File must be PDF or KMZ
Comments
See the attached Background Information.
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:
Jason Chris Deck
Signature
0194AM 644M Z60
Date
8/16/2023
8