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HomeMy WebLinkAbout20221732 Ver 1_More Info Received_20230207Moore, Andrew W From: Warren Eadus <eadus@quible.com> Sent: Tuesday, February 7, 2023 9:30 AM To: Moore, Andrew W Cc: Fuemmeler, Amanda J CIV (US); Leslie, Andrea J Subject: [External] Request for Additional Information, Manna Food Bank, Buncombe County (DWR Project # 20221732) Attachments: 2022-01705_PJD_File.pdf; NAT 39 BASE -DETAILS 1.pdf; NAT 39 BASE -DETAILS 2.pdf; French Broad SOA - Puncheon Fork - Manna Food Bank.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Andrew, Good morning. Please find attached the requested additional information related to the Manna Food Bank Site (DWR Project #20221732). 1. Notification of Jurisdictional Determination (USACE Action ID 2022-01705)- PJD with map attached. 2. Stream restoration details (two sheets). 3. Mitigation for the project will be in the form of a payment to a private mitigation bank (Puncheon Fork Site HUC 06010105) at a 2:1 ratio (credits to impacts). Statement of credits availability at the proposed 2:1 ratio attached. Please do not hesitate to contact me at 252.202.8166 or via email at eadus@quible.com if you have any questions or need any additional information. Thanks, Warren D. Eadus, P.G. President Quible & Associates, P.C. 90 Church Street, Suite B Black Mountain, NC 28711 t 828.357.5149 m 252.202.8166 www.quible.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Moore, Andrew W <andrew.w.moore@ncdenr.gov> Sent: Thursday, January 5, 2023 2:53 PM To: Warren Eadus <eadus@quible.com> i Cc: Fuemmeler, Amanda J CIV (US) <Amanda.Jones@usace.army.mil>; Leslie, Andrea J <andrea.leslie@ncwildlife.org> Subject: Request for Additional Information, Manna Food Bank, Buncombe County (DWR Project #20221732) Warren, On December 7, 2022, the Division of Water Resources (Division) received your application requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: 1. Please provide a copy of the US Army Corps of Engineers Notification of Jurisdictional Determination, including the associated map, for the subject project. [15A NCAC 02H .0502] 2. Please provide a stream restoration detail for proposed temporary stream impact S2. Any matting used along the streambanks must be 100% free of plastic mesh or netting and should be specified as such on the detail. [15A NCAC 02H .0506(b)(3)] 3. The Division requires mitigation for impacts to wetlands greater than 0.1 acres. Please provide a mitigation plan that conforms to the requirements of 15A NCAC 02H .0506(c). The order of preference for mitigation is 1) private mitigation bank, 2) in -lieu fee program, and 3) permittee-responsible mitigation. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the proper consideration of the application. Please provide your response by February 3, 2023. If all of the requested information is not received, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and appropriate fee. Feel free to contact me if you have any questions. Andrew W Moore, P.G. Environmental Specialist 11, Division of Water Resources North Carolina Department of Environmental Quality Office: (828) 296-4684 Andrew.W.Moore@ncdenr.gov E a?) NORTH CAROLINA Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2022-01705 County: Buncombe U.S.G.S. Quad: NC-Oteen NOTIFICATION OF JURISDICTIONAL DETERMINATION Manna Food Bank, Inc. Claire Neal 627 Swannanoa River Road Asheville, NC 28805 828-299-3663 cneal@mannafoodbank.org 24.67 Swannanoa River 06010105 Nearest Town Swannanoa River Basin French Broad -Holston Coordinates Latitude: 35.6161 Longitude: -82.4346 Location description: The site is located at 850 Warren Wilson Road, in Swannanoa, NC. Indicate Which of the Following Apply: A. Preliminary Determination ►Z� There appear to be waters, including wetlands on the above described project area/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). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 10/28/2022. 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 project area/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 the waters, 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 over all 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, including wetlands on your project area/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 project area/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, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the 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, including wetlands on your project area/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. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once 2022-01705 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the 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 project area/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 the 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 (252) 808-2808 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 Amanda Jones at 828-271-7980 ext. 4225 or amanda.j ones(&, usace.army.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 10/28/2022 and attached Figure titled "Summary of Jurisdictional Waters". D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 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@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 Not applicable. **It is not necessary to submit an RFA fo},tq the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 10/28/2022 Expiration Date of JD: Not applicable 2022-01705 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://regulatory.ops.usace.army.mil/customer-service-survey/. Copy Furnished: Quible & Associates, Attn: Warren Eadus (via email) NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Manna Food Bank, Inc. , Claire Neal File Number: 2022-01705 Date: 10/28/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) PROFFERED PERMIT (Standard Permit or Letter of permission) PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION 1 x PRELIMINARY JURISDICTIONAL DETERMINATION SECTION Additional or the I - The following identifies your rights and options regarding an administrative appeal of the above decision. information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx 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 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. 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 information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district 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. lir 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Amanda Jones Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@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 opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/28/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Manna Food Bank, Inc., 627 Swannanoa River Rd, Asheville, NC CESA-RG-A / Manna Food Bank PJD / AID 2022-01705 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Buncombe city: Asheville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.615559 Long.: -82.431441 Universal Transverse Mercator: Name of nearest waterbody: Beetree Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: x❑ Field Determination. Date(s): 09/08/2022 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland A 35.615056 -82.433482 Wetland Section 404 5,677 sf UT-1 35.614907 -82.433208 1,681 If Non Wetland Waters Section 404 UT-2 35.615531 -82.431255 1,066 If Non Wetland Waters Section 404 UT-3 35.615243 -82.429657 728 If Non Wetland Waters Section 404 Wetland B 35.616037 -82.431770 25,675 sf Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: I■I Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Summary of Jurisdictional Waters ▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: Oteen ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: State/local wetland inventory map(s): ❑ FEMA/FIRM maps: 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signaturand date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 9/20/2022 2 01 029—BASE—ENV.d 0_ 0 -0 ce 0 \ O 07 a \2021\P21029—MANNA AG DITCH UT 5/TE LAT. LONG. EST. AMOUNT TYPE JUR15. UTl 35.6/4.107 -82433206 1,121 LF NON WETLAND{HATER 404 UT2 35.6/553/ -62.43/255 869 LF NON WETLAND {HATER 404 WetA 35.6/5056 -62433462 5,677 5F WETLAND 404 Wet8 35.6/6037 -62.43/770 25,675 5F WETLAND 404 WETLAND A 5,677 5F /, \\ \ \ \ \\ \ \ I \ • • UT-1 WETLAND B 25,675 5F UT l 1,121 LF—\\ • PROP05ED PARCEL 'C' UT-2 669LF REVIEW BOUNDARY FIRM ZONE LINE NOT SURVEYED PROPOSED PARCEL "C" THIS MAP IS NO i m CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY rOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. \ co U J SINCE 1959 rn FINAL DRAWINGS FOR PERMITTING ONLY BUNCOMBE COUNTY SWANNANOA TOWNSHIP NORTH CAROLINA N GRAPHIC SCALE IN FEET 1 "=150' o 0 z Q �}cn QOw°z !H7:ul:1zE3 mQQ=0c1OS' O00000 H00 w 0 OZ p Z Q z 0 OO H Q= m O 0 0 EI z 00 Q J pw oMNL0I=,w0Eywt�D0 Q O w O Z 0 0o_ 0 z _ z L.zQ0 Mal ,Jp 0O�`O W d z 0< 01 w O p Q 0 ow �3o c =wowz U-5 U J Q m H O w dfmw cnpwz0ww> =0-I =wI�wm�o H 001 0 m 0 0 m 0 Lal U U W 3 Q 0 N 0 fires Environmental Banc & Exchange, LLC Stream and Wetland Banks Statement of Availability January 10, 2023 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Re Project: Manna Food Bank This document confirms that Manna Food Bank, Inc. (Applicant) for the Manna Food Bank (Project) has expressed an interest to utilize 0.26 Riparian Wetland Mitigation Credits from the Environmental Banc & Exchange sponsored RES French Broad 05 Stream Umbrella Mitigation Bank, specifically from the Puncheon Fork Site in the French Broad HUC 06010105. As the official Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055 or astaley@res.us. Best Regards, Amy Staley Credit Sales Manager Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 0 Q:\2021\P21029—MANNA Food Bank 01d Bee Tree Rd\Drawings\NAT 39 BASE.dwg 2/7/2023 9:03 AM COIR MATTING STABLIZATION FABRIC • SLOPE DETAIL N.T.S. TRENCHING NEEDED IF A MINIMUM OF 3'-0" IS NOT AVAILABLE AT THE CREST OF SLOPE OR IF OVERLAND FLOW IS ANTICIPATED FROM UPLAND AREAS, SEE DETAILS FOR END ROLL OVERLAP, SEE DETAIL SIDE SEAM OVERLAP, SEE DETAIL BLANKET TO EXTEND A MINIMUM OF 3'-0" BEYOND TOE OF SLOPE. FOR BOTTOM OF SLOPE TERMINATION, SEE DETAIL EX GRADE -'11I—Ii1 —III1III=1-I '�1=III= _I I L 3' MIN. SOIL PILE FROM TRENCH STAKE 12" 0.C. ALONG COIR MATTING AT SLOPE CHANGE STAKE 12" O.C. ALONG BOTTOM OF COIR MATTING AT THE END OF SLOPE BOTTOM OF SLOPE TERMINATION SLOPE TO PROTECT N.T.S. TRENCH APPROX. 10" WIDE x 8" DEEP MATTING OVERLAP 2"-4" WOODEN STAKES ARE THROUGH BOTH COIR MATTINGS. SIDE SEAM OVERLAP STAKE DETAIL \OF COIR MATTING 1 ROW OF WOODEN STAKES, 12" 0.C. 2 ROWS OF WOODEN STAKES, STAGGERED, 6" 0.C., EA. DIR. 2 ROWS OF WOODEN STAKES, STAGGERED, 6" 0.C., EA. DIR. SOIL FILLED FROM SOIL PILE sTEa SLOPE TRENCHING METHOD "B" N.T.S. INSTALLATION OF COIR SLOPE MATTING ON STREAM BANKS INSTALL COIR MATTING PER MANUFACTURING SPECIFICATIONS STREAM INVERT N.T.S. —III=111_Ili�l— 11I I I=1TI- _ 1 I 1 l l l l 1-111=1 l-1 I I N.T.S. **NOTE: PROVIDE A 6" X 6" ANCHOR TRENCH AT THE TOW OF THE SLOPE. USE WOODEN STAKES AND PINS MINIMUM LENGTH OF 12" AT 11-IE TOP OF THE SLOPE ANCHOR THE MATTING IN A 6" X 6" INITIAL ANCHOR TRENCH 1=11111i= 'EWE' I 'III=III= —III— II-1 •-III-111 MEI I I= 11—III= �111f1� 1 :111—III- 11111 r 1=111- 1-111- PREPARE SOIL INCLUDING GRADING. APPLICATION OF UME AND SEEDS NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. NOT TO SCALE END SEAM OF COIR MATTING OVERLAP 2"-4". PLACE WOODEN STAKES, ONE ON EACH CORNER OF COIR MATTING, 12" 0.C. ALONG COIR MATTING END THROUGH BOTH BLANKETS. UPSLOPE MATTING LAPS OVER DOWNSLOPE MATTING IN A SHINGLE AFFECT. 4e< . /j\\/. .I`�OI� /j END ROLL OVERLAP N.T.S. EX GRADE NOTE: MATTING INSTALLED ALONG STREAM BANKS SHOULD BE FREE OF PLASTIC MESH OR NETTING MH6 INSTALLATION OF COIR SLOPE MATTING & PROPOSED SEWERLINE AT STREAM CROSSING PROFILE 1 " = 5' NOTES: 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE TO MANUFACTURER'S SPECIFICATIONS. 2. STAKE PAT16665 ARE DEPENDENT ON SITE CONDITIONS. SEE SLOPE STAKE PATTERN MATRIX TABLE BELOW FOR GUIDANCE TOP ELEV: 2185.2' INV OUT ELEV: 2173.8' SLOPE L D >1:1 3.0' 2.0' 2:1 4.0' 2.0' 3:1 6.0' 3.0' 4:1 8.0' 3.0' r�...,, NC License#: C-0208 11r, `1 U Ill DI' 1171 SINCE 1959 • jai mm^m • Z>-9- 1 U 1 w4�N Z t�.z� 11J O c7 •. * N F- a- ID C U1 0 6tNUO NfNdci �UNXuX U8N2 0mo°`Y In z - °Im P •�zL`'2_nC0rn o OJ W 2 7 N o s N. 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