20231324 Ver 1_ePCN Application_20230921

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:
8/18/2023
BIMS # Assigned
20231324
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Marshville Lake Fishing Pier
1a. Who is the Primary Contact?*
George Buchholz
1b. Primary Contact Email: *
[e-mail]
Date Submitted
9/21/2023
Nearest Body of Water
Marshville Lake (formerly Stegall Lake) and Lick Branch
Basin
Yadkin-PeeDee
Water Classification
Stream Classification of C
Site Coordinates
Latitude:
34.985756
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Union
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Longitude:
-80.337155
Version#*
1
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
AQ

Ia. 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: 197800056 - Piers, Docks, Boathouses
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
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
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Marshville
2b. Deed book and page no.:
2c. Contact Person:
Franklin Deese
2d.Address
Street Address
118 E. Union St.
Address Line 2
city
Marshville
Postal / Zip Code
28103
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
United States of America
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
George Buchholz
4b. Business Name:
Colliers Engineering & Design
4c.Address
Street Address
2000 Regency Parkway, Suite 295
Address Line 2
City
State / Province / Region
Cary
North Carolina
Postal / Zip Code
Country
27518
United States of America
4d. Telephone Number: 4e. Fax 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:
Town of Marshville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
02086005D
0.5-acres
2c. Project Address
Street Address
along State Route 74 (Andrew Jackson Highway)
Address Line 2
City
State / Province / Region
Town of Marshville
North Carolina
Postal / Zip Code
Country
United States of America
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Marshville Lake (formerly Stegall Lake) and Lick Branch
3b. Water Resources Classification of nearest receiving water:
Stream Classification of C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050604
4. Project Description and History
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: *
Marshville Lake is located along State Route 74 (Andrew Jackson Highway) approximately 1.6- miles east of the Town of Marshville, North Carolina. The proposed Marshville Lake Fishing
Pier is located on the east side of Marshville Lake approximately 600-feet south of State Route 74 (Andrew Jackson Highway). The Project Area for the Marshville Lake Fishing Pier is
approximately 0.5-acres in size and is located within a larger overall parcel land that can be further described as Union County Parcel Information Numbers (PIN): 02086005D. Marshville
Lake (formerly Stegall Lake) contained a fishing pier as recently as November 2019. The fishing pier was in disrepair and in a degraded state resulting in hazardous conditions while in
use. The fishing pier was removed by the Town of Marshville by January 2022 due to safety concerns.
L

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
On behalf of Town of Marshville, CED is submitting a reconstruction Notification (PCN) associated with the construction of a fishing pier within Marshville Lake (formerly known as Stegall
Lake). The previous fishing pier was disrepair and in a degraded state resulting in hazardous conditions and was removed by the Town of Marshville by January 2022 due to safety
concerns. The objective and purpose of the Marshville Lake Fishing Pier project is to construct a structurally sound fishing pier within Marshville Lake at the previous location for the
residence of the Town of Marshville to enjoy the amenities of lake. The proposed Project is an independent and stand alone project.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:'
The proposed fishing pier will be pile -supported and constructed of wood. The pilings of the fishing pier will be installed to allow for adequate water circulation within the lake. The deck for
the proposed fishing pier will be located on pilings as it extends into Marshville Lake. The finished elevation of the deck will be above the OHWM. Traditional equipment for the installation
of the pilings and construction of the pier will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Tanner Dickson
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes
Colliers Engineering & Design, Inc.
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 O
1. Impacts Summary
f a. 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 #
4af. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
01
Fill
P
Marshville Lake
Dock & Pier
Lake
0.03
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.03
4g. Total permanent open water impacts:
0.03
4h. Comments:
The normal elevation for Ordinary High Water Mark (OHWM) is approximately 494-feet above mean sea level (MSL). Based on the Design Development
Plans for the Proposed Fishing Pier, the proposed fishing pier area is approximately 0.03-acres within Marshville Lake. The proposed fishing pier will be
pile -supported and constructed of wood. The pilings of the fishing pier will be installed to allow for
adequate water circulation within the lake. The deck for the proposed fishing pier will be located on pilings as it extends into Marshville Lake. The
finished elevation of the deck will be above the OHWM. In total, the pilings will impact approximately 5.7 cubic yards of open water below the OHWM.
The entrance to the proposed pier will utilize the previous concrete slab walking entrance.

E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also
accomplished during the design phase of the Proposed Project. The proposed impacts result in the least impacts to Waters of the U.S. while meeting the
purpose and need. The Applicant has avoided and minimized impacts to the greatest extent practicable given the purpose, need, and goals of the
Proposed Project. The proposed impacts are required in order for the Proposed Project's goals to be achieved. The Preferred Alignment of the proposed
pier is located along the same location of the former pier.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The proposed fishing pier will be pile -supported and constructed of wood. The pilings of the fishing pier will be installed to allow for adequate water
circulation within the lake. The finished elevation of the
deck will be above the OHWM. An Erosion and Sediment Control (E&S) Plan that meets the latest State and local regulations and adheres to the
methodology prescribed in the North Carolina Sedimentation and Pollution Control Act of 1973 will be utilized. Appropriate erosion and sediment control
measures will be employed to control measures necessary to prevent
an increase in sedimentation or turbidity within waters and wetlands outside the project area. All erosion
and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every
week. Any needed repairs will be made immediately to maintain all measures designed. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will
be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional features. Any excess materials not utilized will be
placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of
material within jurisdictional Waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities
initiated within jurisdictional Waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within the
jurisdictional Waters of the U.S.
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:
Due to the de-minimis about of open water impacts associated with the installation of pilings (+/- 5.7 cubic yards
below OHWM), the Applicant does not propose compensatory mitigation at this time.
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
If no, explain why:
The project is located within the Yadkin Pee Dee River Basin (03040105)
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
1b. 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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
The project does not require a NEPA or SEPA document.
2. Violations (DWR Requirement)
8
U

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.
Appropriate erosion and sediment control measures will be employed to control measures necessary to prevent an increase in sedimentation or turbidity
within waters and wetlands outside the project area. All erosion and sediment control measures will be checked for stability and operation following
every runoff
producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures
designed. The project will meet all relative requirements of Best Management Practices and engineered Stormwater Control Structures as outlined
through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent
jurisdictional features. Any excess materials not utilized will be placed and contained within upland areas and
permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of material within jurisdictional Waters of the U.S.
will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional Waters of the U.S. will be
carried to completion in an expeditious manner to minimize the period of disturbance within the jurisdictional Waters of the U.S.
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?
On behalf of the Town of Marshville, CED conducted a threatened and endangered species review. The United States Fish and Wildlife Service
(USFWS) web page was reviewed and a refined search, using the USFWS Information for Planning and Consultation (IPaC) database (see Appendix B)
, was also reviewed to provide a more detailed list of species and critical habitat under USFWS jurisdiction that are known or expected
to occur. CED conducted field investigation on July 25, 2023 to investigate the project area for potential jurisdictional Waters of the U.S. (WOTUS) and
wetlands. In addition, field investigations included a determination of the presence of suitable habitat for federally protected species. No Federally
threatened or endangered species observed during the field investigations. It is believed that a biological opinion of "No Effect" should
be rendered for the following species: Tricolored bat (Perimyotis subflavus), Atlantic pigtoe (Fusconaia masoni), Carolina heelsplitter (Lasmigona
decorata), Monarchbutterfly (Danaus plexippus), Michaux's sumac (Rhus michauxii), and Schweinitz's sunflower (Helianthus schweinitzii).
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?
CED consulted with https://www.habitat.noaa.gov/apps/efhmapper/
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?"
A review of the North Carolina Department of Natural and Cultural Resources —State Historic Preservation Office (NCDNCR-SHPO) online database
was conducted to aid in conducting an initial scoping review for cultural resources. Based on the review performed, it is believed that historic or
archeological resources eligible for listing in the National Register of Historic Places will not be impacted.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?"
The Project Area does not contain a floodplain and/or a flood way area according to FEMA Floodplain Panel Map 3710549500J (effective date October
16, 2008). There is a 100-year floodplain located to the south associated with Lick Branch.
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
23006199A Marshville Lake Fishing Pier - Pre -Construction Notification.pdf 6.32MB
File must be PDF or KMZ
Comments
CED is submitting this PCN in addition we are requesting a Preliminary Jurisdictional Determination for the project area associated with the proposed project. The PJD is attached to the
attached PCN document.
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:
George Buchholz
Signature
Date
9/21 /2023