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HomeMy WebLinkAbout20150438 Ver 1_401 Application_20150515\4 'W'V"' �. N Metropolitan Sewerage District OF BUNCOMBE COUNTY, NORTH CAROLINA May 1, 2015 Karen Higgins 401 & Buffer Permitting Unit Supervisor NC DWQ, WBSCP Unit 1650 Mail Service Center Raleigh, NC 27699 Ms Higgins, The Metropolitan Sewerage District of Buncombe County, NC (MSD) is submitting the enclosed Pre - Construction Notification (PCN) Forms for after - the -fact approval of the Old US 70 @ Pine Circle Sewer Replacement project in Black Mountain, NC I have discussed the project with Mr Zan Price of NCDENR's Asheville Regional Office Attached to this cover letter are two (2) copies (per the direction of Mr Price) of each of the following • PCN forms List of deed of references to supplement Section B 1 of the PCN form • 11 "x17" plan and section drawings of areas impacted by proposed stream crossings • Comments from NC Wildlife Resources Commission • Comments from US Fish and Wildlife Service • HPOWEB GIS Service print out of subject project area • Check in the amount of $240 for application fee • General Permit Verification from USACOE An electronic copy of the submittal has been sent to Mr Price per his request Please see the attached memo behind this cover letter Should you have questions regarding this submittal, please feel free to contact me by phone at (828) 225 -8241 Sincerely, W Hu ter Carson MSD Project Manager Protecting Our Natural Resources- JDJ MAY p r 4 2015 f 2028 Riverside Drive, Asheville, North Carolina 28804 Telephone (828)254 -9646 FAX (828)232 -5537 Website www msdbc org Carson, Hunter From: Price, Zan (George) <Zan Price @ncdenr.gov> Sent: Thursday, April 23, 2015 9.36 AM To: Carson, Hunter Subject: FW. After the Fact - 5 copies? See correspondence below from our central office. Contact me if you have any questions. Zan Price, P.E. NCDENR - Division of Water Resources Water Quality Regional Operations Section Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.: 828 - 296 -4500 fax: 828 - 299 -7043 email: zan.price @ncdenr.gov website: www.ncwaterguality.org Notice: Per Executive Order No 150, all emails sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties From: Higgins, Karen Sent: Thursday, April 23, 2015 9:30 AM To: Price, Zan (George) Cc: Maher, Niki Subject: RE: After the Fact - 5 copies? Hey Zan- So the good news is that we've dropped from 5 copies to 4 (see memo from June 2014). I'm guessing this will be a NW12, which doesn't require stormwater, so we'd be fine with 3 copies. If you're ok with an electronic submittal, you could have them submit 2 paper copies (one for CO and one for WRC) with their application fee, just make sure they state that you told them that was okay in a cover memo so when we get it we don't ask for more copies! Thanks - Karen Karen Higgins 401 & Buffer Permitting Unit Supervisor NC DENR - Division of Water Resources 1617 Mail Service Center, Raleigh, NC 27699 -1617 Phone: (919) 807 -6360 Email: karen.higgins @ncdenr.gov Website: http: / /portal.ncdenr.org /web /wq /401bufferpermitting E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Price, Zan (George) Sent: Thursday, April 23, 2015 8:26 AM To: Higgins, Karen Cc: Maher, Niki Subject: After the Fact - 5 copies? I have someone submitting an after the fact permit for some sewer crossings. In the spirit of Earth Day, is there any way around the 5 copies? Any chance for an electronic submittal? Just thought I would check. Thanks. Zan Price, P.E. NCDENR - Division of Water Resources Water Quality Regional Operations Section Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.: 828 - 296 -4500 fax: 828 - 299 -7043 email: zan.price @ncdenr.gov website: www.ncwaterguality.org Notice: Per Executive Order No. 150, all emods sent to and from this account are subject to the North Carolina Public Records Law and may be disclosed to third parties. o�pF WA WAIMWIM 20'5043 8 Office Use Only Corps action ID no DWQ project no Form Ve4sion 1r-%Dec 10 2008 Page 1 of 12 PCN Form —Version 1 3 December 10, 2008 Version Pre - Construction Notification PCN) F44 � ` U A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps ®Section 404 Permit ❑Section 10 Permit 1 b Specify Nationwide Permit (NWP) number: NW12 or General Permit (GP) number 1 c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply)- [E 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project Old US 70 Hwy @ Pine Circle Sewer Replacement, MSD a No 2010007 2b. County Buncombe 2c Nearest municipality / town Black Mountain, NC -- � ��= 2d Subdivision name NA Mqy l ' 2e NCDOT only, T I P or state project no: NA 4 3. FF�R A C vUh'CFS Owner Information -E L-r/ 3a Name(s) on Recorded Deed Metropolitan Sewerage District - easement holder For property owners, see attac ed. 3b. Deed Book and Page No See attached 3c Responsible Party (for LLC if applicable) Metropolitan Sewerage District of Buncombe County, NC 3d Street address 2028 Riverside Drive 3e City, state, zip: Asheville, NC 28804 3f Telephone no.: 828 - 225 -8241 (direct line for Hunter Carson - primary contact) 3g Fax no. 828 - 232 -5537 3h Email address hcarson @msdbc org Page 1 of 12 PCN Form —Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is- ❑ Agent ® Other, specify: Sanitary Sewer District 4b Name Thomas E Hartye, General Manager 4c Business name (if applicable). Metropolitan Sewerage District of Buncombe County, NC 4d. Street address 2028 Riverside Drive 4e City, state, zip. Asheville, NC 28804 4f Telephone no. 828 - 225 -8399 4g Fax no 4h Email address thartye @msdbc org 5. Agent/Consultant Information (if applicable) 5a. Name: 5b Business name (if applicable) 5c Street address 5d City, state, zip: 5e. Telephone no 5f Fax no 5g Email address Page 2 of 12 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no (tax PIN or parcel ID)* See attached 1 b. Site coordinates (in decimal degrees) Latitude Longitude* - (DD DDDDDD) ( -DD DDDDDD) 1c Property size* acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc.) to Swannanoa River proposed project 2b Water Quality Classification of nearest receiving water: C 2c River basin French Broad River 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application* Stream crossings are proposed on two different properties Each crossing is of the same Swannanoa River tributary (tributary 33) The southern -most site (PIN 0609 -23 -5323) is used for industrial manufacturing and storage purposes Approximately 75% of the property is used for manufacturing /warehouse and employee parking The remaining area is wooded The stream being crossed (Tributary 33 of the Swannanoa River per FIRM map) runs along the east property line The northern -most site (PIN 0609 -24 -8868) is the WNC Veterans Cemetery The site is primarily open with grass and landscaping throughout Burial plots are present on a majority of the site The streams being crossed (Trib 33 of the Swannanoa, and tribs of Trib 33) runs along the south side of the property, adjacent to Old US 70 Hwy 3b List the total estimated acreage of all existing wetlands on the property 0 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 1,700 3d Explain the purpose of the proposed project This project is to replace an existing sanitary sewer line which is in poor condition The line will be replaced with a new ductile iron pipe system with gasketed joints which will reduce potential of exfiltration of sewer flow, and infiltration from groundwater 3e. Describe the overall project in detail, including the type of equipment to be used The overall project consists of replacing approximately 2,779 linear feet of existing 6 -inch and 8 -inch sanitary sewer line that is in poor condition and is undersized. The existing vitrified clay sewer line will be replaced with 8 -inch and 12 -inch ductile iron pipe The lines to be replaced are located in Black Mountain, NC adjacent to the Western North Carolina Veterans Cemetery on Old US 70 Hwy There are a total of six (6) proposed stream crossings associated with this project, referred to below as S1 through S6 Stream crossings S1, S2, S5, and S6 all cross Tributary 33 of the Swannanoa River, a stream which ranges in width from 3 ft to 9 ft within the project boundaries Stream crossings S3 and S4 cross small tributaries (intermittent storm drainage trenches) of Tributary 33 Line replacement at each of the six locations will be in the same trench as the existing sewer line, or within 10 ft of the existing crossing. No new (additional) crossings are proposed MSD has acquired a 20 ft. wide permanent easement over all line segments associated with this project Stream impacts for this project will be permanent at location S1, S2, and S6, and temporary at locations S3, S4 and S5 Equipment to be used will be a trench excavator and other small equipment normally associated with sewer pipe installation Upon completion of the pipe installation, the excavator and other small equipment will be used to grade the disturbed area back to its original ground contour. Those areas will then be seeded and mulched Page 3 of 12 PCN Form — Version 1 3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? Comments. 4b If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Name (if known): Other* 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions A General Permit Verification (Action ID 2014 - 01450) was issued by Tasha Alexander (USACOE Asheville Regional Office) on September 2, 2014. Per discussions with Zan Price (NCDENR Asheville Regional Office), this "after- the - fact" PCN is being submitted for permanent stream impacts associated with the subject sewer construction project. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 12 PCN Form —Version 1.3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c. 2d 2e. 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ® No ❑ DWQ 2g. Total wetland impacts 2h Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a. 3b 3c 3d 3e. 3f 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Sewer crossing Swannanoa River Tributary 33 ® PER ❑ INT ® Corps ❑ DWQ g 21 S2 ®P ❑ T Sewer crossing Swannanoa River Tributary 33 ® PER ❑ INT ® Corps ❑ DWQ 3 10 Tributary of ❑ PER ® Corps S3 ❑ P ®T Sewer crossing Swannanoa River ® INT ❑ DWQ 3 20 Tributary 33 S4 ❑ P ® T Sewer crossing Tributary of Swannanoa River ❑ PER ® INT ® Corps ❑ DWQ 1 10 Tributary 33 S5 ❑ P ®T Sewer crossing Swannanoa River Tributary 33 ® PER ❑ INT ® Corps ❑ DWQ 5 19 S6 ®P ❑ T Sewer crossing Swannanoa River Tributary 33 ® PER ❑ INT ® Corps ❑ DWQ g 10 3h. Total stream and tributary impacts 90 31. Comments: Locations S3, S4 and S5 are crossings of a tributary of Swannanoa Tributary 33 These are intermittent streams and stream banks will be restored with jute netting or coir matting. At crossings S1, S2, and S6, stream banks will be restored using Class I Rip-Rap In crossing locations where 3.0 ft. of cover cannot be achieved between top of pipe and Page 5 of 12 PCN Form — Version 1 3 December 10, 2008 Version stream channel bottom, concrete encasement will be installed around the new sewer pipe. Locations for stream crossings are as follows Stream Impact S1. 35 607869, -82 357335; Stream Impact S2: 35 609564, -82 355753, Stream Impact S3. 35 609676, -82 355421; Stream Impact S4 35 610322, -82 354476, Stream Impact S5. 35 610597, - 82.354087; Stream Impact S6* 35 608638, -82 356195. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S. then individually list all open water impacts below 4a. 4b 4c 4d 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem ora T 01 ❑P ❑T 02 ❑ PEI T 03 ❑P ❑T 04 ❑P ❑T 4L Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d. 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres), 51 Size of pond watershed (acres) 5k Method of construction Page 6of12 PCN Form —Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a. ❑ Neuse El Tar-Pamlico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b, 6c. 6d 6e 6f 6g Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P ❑T El Yes ❑ No B2 ❑P ❑T ❑Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 61 Comments D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project This project has been designed (to the best of our abiliby) to utilize areas which have previously been developed for the existing sewer and where ongoing sewer line maintenance occurs To minimize erosion during construction, silt fencing will be installed between the construction area and stream banks where a potential for runoff exists. 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The construction limits have been minimized so that disturbances are within existing areas previously disturbed Project specs will require that the Contractor clear the Permanent Easement area and only those portions of the Temporary Construction Easement (TCE) as necessary to safely and adequately perform the construction tasks Tree removal and soil disturbances in the TCE shall be held to a minimum 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 12 PCN Form — Version 1 3 December 10, 2008 Version 3c. Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached. ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only)- square feet 4e Riparian wetland mitigation requested- acres 4f. Non - riparian wetland mitigation requested acres 4g. Coastal (tidal) wetland mitigation requested acres 4h. Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c. Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 8 of 12 PCN Form —Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why. No additional storm water will be generated by this project 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan. ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Buncombe County ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other, 4b Has the approved Stormwater Management Plan with proof of approval been ❑Yes ®No attached? S. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 9 of 12 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? lb 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter ) Comments, 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 213 0200)? 2b Is this an after - the -fact permit application? ® Yes ❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)- A General Permit Verification (Action ID 2014 - 01450) was issued on September 2, 2014 A copy of the PCN was never delivered to NCDENR for 401 Water Quality Certification. Per discussions with Zan Price ( NCDENR Asheville Regional Office), this "after- the - fact" PCN is being submitted for the three permanent stream impacts associated with the subject sewer construction project 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility This project is for the installation of a new sewer main which will provide better flows, reduce infiltration /exfdtration between the natural stream flows and the sewer flows, and will reduce sanitary sewer overflows (SSOs). It is anticipated that replacing the existing line with a new ductile iron line will reduce sewer flows from this area, and overall flow into MSD's treatment plant Page 10 of 12 PCN Form —Version 1.3 December 10, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? E] Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Byran Tompkins with US Fish & Wildlife Services issued comments on 8/21/2014 A copy of those comments are attached 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Doug Besler with NC Wildlife Resources Commission issued comments on 8/14/2014 A copy of those comments are attached 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 ❑ Yes ® No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Office, HPOWEB GIS Service A copy of the GIS map is attached 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 majority of this project is within the 100 -year floodplain All manholes within the floodplain will be flush with existing ground contours Manhole rings and covers will be watertight and lockdown type No ground contours will be changed by this project All crossings will be below streambed elevations and no aerial piping is proposed 8c. What source(s) did you use to make the floodplain determination? FEMA Map No. 3710060900J, dated Jan 6, 2010 Thomas E. Hartye, General Manager; Metropolitan Sewerage District of Buncombe County, NC Applicant/Agent's Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page 11 of 12 PCN Form —Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form Old US 70 @ Pine Circle Sewer Replacement MSD Project No 2010007 B Project Information and Prior Project History 1 ProoerN Identification Property Identification Old US 70 @ Pine Circle Sanitary Sewer Replacement Area of Property (as Total Estimated Total Estimated PIN Property Owner latitude Longitude per Deed Book/Page Plat Book/Page Property Location Mailing Address Property Descnpuon Acreage of Existing Lmear Footage of deed) Wetlands Existing Streams Business Park(ndustnal /Manufactunng) Approximately 0609 -23 -5323 Kunkle Industries Inc 35608713 - 82356702 710 1265/0811 NA 953 Old U570 Hwy, Black Mountain, 10707 Clay Rd, Houston, TX 77041 75% of the property is used for Industrial processing and 0 880 NC employee parking areas The remaining area Is primarily wooded 932 Old U5 70 Hwy, Black Mountain, Veterans Cemetary The majority of the property Is grass 0609 -24 -8868 State of North Carolina 35 611243 -82 355661 106 73 0479/0199 0016 /0098 20301 Mall Service Ctr, Raleigh, NC 27699 and landscaping Burial plots are present throughout the 0 820 NC site 9.72 / Y TOP /CORNER OF WALL N= 693,135.19' E=1.002,188.73' v ---�q V.= 2269.64' < s. (PROVIDE NEW) MANHOLE # 5 STA. = 17 +86.98 TOP = 2268.70 INV. (IN) = 2263.46 INV. (OUT) = 2263.26 4 l� S S s °vr s� �otis oy oa 24' CONCRETE ENCASEMENT SEE DETAIL MASONRY NAIL N= 693,646.04' ABANDON EXIST MH E= 1,002,687.91' PLUG LINES ELEV.- 2282.71' ' GUTTER SPIKE "2005- 1926" N= 693,177.94' E =1,002,310.26' / \# 24303 ELEV.= 2275.19' / 270.84' c, r INV 22636 2 5''44 \- -STREAM IMPACT STREAM S -1 IMPACT S -2 '31 20 CONCRETE ENCASEMENT SEE DETAIL / /Q, GM RA Y 0 4 20 IVR U_ s O ti.-. U w Q U 2 w z_ U w— I N d u 0- G U U cd C:: 1- 2 a o� vi Ln V / J O 3 o 0 U Lu 'o `�5k�w •N W Pr i J ��d�d13W • 8��° 12" D.I.P. SAN SEWER N 15'40'37" E 24" HSSP ENCASEMENT (PROVIDE NEW) BORE AND JACK MANHOLE # 11 STREAM IMPACT S -3 STA. = 26 +92.03 TOP = 2280.62 INV. (IN) = 2271.70 INV. (OUT) = 2271.50 MASONRY NAIL N= 693,781.99' E=1,002,902.16' MH 2431 ' ® ELEV.= 2281.68' TOP= 278.37 )x7(W) CMP ' j INV. 2274.0 I.E. =2272.8' ABANDONS EXIST. HOLE )l DIP r 12" D.I.P. SAN SEWER N 71'47'06" E JOSEPH NELON AND WIFE MARTHA NELON D.B. 1306 \ PG. 718 PIN 0609239641 (REMOVE MA HOLEIM (#24310) STA. = 26 +57.88 TOP = 2280.16 INV. (IN) = 227 20 INV. (IN)(8" EXIST. = 2273.00 INV. (OUT) = 2 1.00 (PROVIDE NEW) MANHOLE # 14 STA. = 31+16.86 TOP = 2282.00 INV. (IN) = 2275.55 ABANDON INV. (OUT) = 2275.35 EXIST. MANHOLE �F R•, a MH Y —� 61' 4'" e �1 STREAM IMPACT S -4 — fV Lu 4- J Ln Q u_ CL 4— Q U v co O W F- U z a� Q) � .Q v El r n W f 0 0 F. 1 a Vl W v, Q 4- 0 f v W qr �-,L, > a n clf ki� w � W BICT. r,, U 13W • e�� j u. v I uj (PROVIDE NEW) un- Q MANHOLE # 7 a, a u 2 STA. = 21 +84.15 LINE "A" EQ. c w o 0 (00 +00 LINE "B ") a Q m .� PROVIDE NEW) TOP = 2272.00 n .. INV. (IN)(LINE A o ^ Q MANHOLE # 1 ( )( ") = 2267.70 � � o — w J STA. = 32 +16.48 INV. (IN)(LINE "B ") = 2267.70 cz c TOP = 2282.00 INV. (OUT) = 2267.50 / o INV. (IN) = 2276.10 o 0 0� 0 3 INV. (OUT) = 2275.90 CL 24' CONCRETE ENCASEMENT SEE DETAIL a MANHOLE # 14) `,2�<'� 4,1 E. 280.2MP ' MASONRY NAIL %' `R FR RC b -� ���yJ STA. — 31+16.86 �� �\ / N= 693,337.5 .'/ Nc U • w 'o W TOP = 2282.00 E- 1.002,606 ° r� � ELEV. =2 .92 �vass�-E (� 'S�'•�J INV. (IN) = 2275.55 ABANDON / / 1 �� ••W' INV. (OUT) = 2275.35 EXIST. ,� F\ �r� /,r , MANHOLE �?�ry ^� Ti A �' �r.12� � -/ 8" D.I.P. SAN SEWER 4 S 70.3834" E � .__ `-282.84, 2JF3LT'- / 1 2277.19 1 C.O P SA' . ,, 24'' CONCRETE ENCASEMENT <10" 15 2 D• , ;/ SEE DETAIL 8" D.I.P. SAN SEWER S 73.42'37" E (PROVIDE NEW 3 TK =L 00 00 LINE "B„ EQ. 12 D.I.P. SAN SEWER " „ (21 +84.15 LINE A) N 39.2019 E TOP = 2272.00 INV. (IN)(LINE "B ") = 2267.70 INV. (IN)(LINE "A" = 2267.70 / STREAM IMPACT STREAM INV. (OUT) = 2267.50 S -6 IMPACT i S -5 I Q- • S w N{ G� dp�13 W • 0 °a 2280 2270 2260 2250 2290 2280 2270 2260 STREAM IMPACT 2250 2240 17 +00 18 +00 S -1 SANITARY SEWER PROFILE S -1 SCALE ! H❑RIZ. — 1" = 50' VERT. — 1" = 10' STREAM IMPACT S -2 vi 2 25 +00 26 +00 rn RAP TREAM BANK -2 J w V) (D r� 00 c6 +(D r N :1 RID-RAP O STRE BAN u o ,II II PROTECTION 12" D.I.P. ® 0.67% SLOPE o o a H a��' � N Z ENR dj (aj Q .. 1.407- SLOPE to 5 J 24 C NCRET ENCA 00 c6 N N I z o + `r) z N 2290 2280 2270 2260 STREAM IMPACT 2250 2240 17 +00 18 +00 S -1 SANITARY SEWER PROFILE S -1 SCALE ! H❑RIZ. — 1" = 50' VERT. — 1" = 10' STREAM IMPACT S -2 23 +00 24 +00 vi 2 25 +00 26 +00 U RAP TREAM BANK -2 J w V) 0 :1 U J LL O o u o MqY 12" D.I.P. ® 0.67% SLOPE o o0 m o 0 1( a��' � N Z ENR dj (aj Q .. 23 +00 24 +00 vi 2 25 +00 26 +00 RIP RAP TREAM BANK -2 O O N 0 PR ECTIO O +� o w 12" D.I.P. ® 0.67% SLOPE 3 Q0 � a o a to 00 c6 o + `r) N N N N II HO 9 2" D.I. ®0 -74% SLOPE LOPE a cD N cD N N N I II II z o z Z 20' CONCRETE A EMEN-P SE DETAIL 23 +00 24 +00 vi 2 25 +00 26 +00 SANITARY SEWER PROFILE S -2 SCALE ; H❑RIZ, — 1" = 50' VERT. — V = 10' I� �g�RICT•�,� r I > ,�d�dl3W vi 2 ° cQ):b 0 j w - O O N 0 U 3 O +� o w 3 Q0 � a o a I� �g�RICT•�,� r I > ,�d�dl3W J cQ):b w tm fn M � � Q'i - w - I� �g�RICT•�,� r I > ,�d�dl3W 2300 2290 STREAM IMPACT S -3 2280 2270 W1.161 W-4711 2240 26 +00 27 +00 -: 11 29 +00 30 +00 SANITARY SEWER PROFILE S -3 & S -4 SCALE I HORTZ, — 1" = 50' VERT, — 1" = 10' `STREAM /IMPACT S -4 31 +00 4- U G bo � U 3� G 0U � G �o a� � O D EAA Q M15 DENR - WATER RE; Lf) I UJ ocf� uo w� z'�, rn O d V N Z @) Q Q< o cn Q U oF- ° 3 0 z� a oQ jr N N,�;.....N�S'�, V "No N w)- y�� , 0 S�RICT•r4 �� dJ �1! ��d��13W • s''�G 12" D.I.P. @ 0.74% SLOPE 12" D.I.P. @ 1.00% SLOPE 00 00� /Ln n o� Lr r co 'o -0 0) APPR X. LO ATION 0 NN NN cl N N EXIST 4 "AB JU E N ING 1- 0 �o 00 EXIST. G ADE a V. o 2" D 12 I.P. @ 0.42% SLOPE 12' D.I.P. 0 0.22% SL I E o j' 1 10 s 11 9 O 0 o 000 OPE =`o ,n r N N N r _ N II N N N N ^ 0 o II ^ II I I ^ z C) C) Z v C'4 I N N �(n O Z > Z > Z_ II [VX `v w `. > Z — 24 CONC ETE E .-, ozK 12" D.I.P. ® 3.62% SLOPE ..._... z z_ z 2 HSSF ENCA EMEN , 0.0250" WALL THI KNESS BUILD SLIDE I VERT JUT NETTING 26 +00 27 +00 -: 11 29 +00 30 +00 SANITARY SEWER PROFILE S -3 & S -4 SCALE I HORTZ, — 1" = 50' VERT, — 1" = 10' `STREAM /IMPACT S -4 31 +00 4- U G bo � U 3� G 0U � G �o a� � O D EAA Q M15 DENR - WATER RE; Lf) I UJ ocf� uo w� z'�, rn O d V N Z @) Q Q< o cn Q U oF- ° 3 0 z� a oQ jr N N,�;.....N�S'�, V "No N w)- y�� , 0 S�RICT•r4 �� dJ �1! ��d��13W • s''�G 2300 2290 2280 2270 2260 2250 31 +00 32 +00 \\�STREAM IMPACT S -5 SANITARY SEWER PROFILE S -5 SCALE I H❑RIZ, - 1" = 50' VERT. - 1" = 10' 2310 230( 2291 22 8( 227( 26( STREAM IMPACT S -6 225( 224( 24' CONCRETE N 12" D.I.P. @ 1.34% SLOPE a� I— o S E DETAIL U CaJ Q z O I i'' w a Vi o co Oo P -RA STRE 00 "�o K o OTEC TR CDO COIR MATTING U ci c°O �cv 8" D.I.P. @ 0.66% SLOPE w STREAM PROTECTION BANK 0 I m a riN a X04 JU E NE TING II II EXIST. II II JWp Qo_ O Zo ao- Of� + J O o N O I O N II II co oho II co Q % LOPE F--cv0 l.p U) `• I 0.37% SLOPE 0 20 00 O N O N H2'"'D. N N o r o_ a O N II N N II II N II 00) O oZ II w w Z Z N 0 0 z ^ J J z z _ 24 CONCRETE E CASE ENT Z Z 31 +00 32 +00 \\�STREAM IMPACT S -5 SANITARY SEWER PROFILE S -5 SCALE I H❑RIZ, - 1" = 50' VERT. - 1" = 10' 2310 230( 2291 22 8( 227( 26( STREAM IMPACT S -6 225( 224( 00 +00 01 +00 SANITARY SEWER PROFILE S -6 SCALE ; H❑RIZ, - 1" = 50' VERT. - 1" = 10' MAY 04� 1 U Q � a� p cl 24' CONCRETE N ENCASEMENT a� I— o S E DETAIL U CaJ Q z O I i'' w a Vi o P -RA STRE M BA K o OTEC TR ION U ci ON 8" D.I.P. @ 0.66% SLOPE w 3 0 I m a o a .. w ° Ln 77 EXIST. RADE JWp +� O Zo Of� + J N o N I O N II II oho II Q % LOPE F--cv0 l.p U) `• I F- 20 00 O N O N N N N N r o_ a O N m Q O 00) O II w w Z Z N 0 0 ^ J J > > > p Z Z z z z 00 +00 01 +00 SANITARY SEWER PROFILE S -6 SCALE ; H❑RIZ, - 1" = 50' VERT. - 1" = 10' MAY 04� 1 U Q � a� p cl w --� W u J U O w z a N W a� I— o o U CaJ Q z O CL o i'' w a Vi o w o 0 o U ON 4� a� o > 3 0 a o a Qom- cy- L) . w •o ,! LLJ I 0, J tR'ICT- J �,�d�b13W • 0��° ® North Carolina Wildlife Resources Commissi ®n 9 Gordon Myers, Executive Director August 10, 2014 Ms. Tasha Alexander U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 SUBJECT: WRC Comments on Old US 70 Hwy @ Pine Circle Sewer Replacement, MSD Proj. No. 201007 Permit Application, UT Swannanoa River, Buncombe County, NC Dear Ms. Alexander: Metropolitan Sewerage District of Buncombe County, NC requested a permit for 30 linear feet of temporary stream impacts and 60 linear feet of permanent stream impacts associated with installation of ductile iron sewer lines that will cross un -named tributaries to the Swannanoa River, Buncombe County, NC. Comments from the NCWRC on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667d). We do not object to the permit application. We do not have records of trout at this location and do not request the trout spawning moratorium. We do not request any special conditions be attached to the permit. Thank you for the opportunity to review and comment on this regulatory action. Please contact me at (828) 659 -8684 ext. 221 if you have any questions about these comments or need further assistance. Sincerely, Doug Besler Mountain Region Fishery Supervisor ec: Mr. Hunter Carson, Metropolitan Sewerage District of Buncombe County Mr. Powell Wheeler, NCWRC Ms. Andrea Leslie, NCWRC Mailing Address: Division of Inland Fisheries ^ 1721 Mail Service Center ^ Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 o Fax: (919) 707 -0028 United States Department ®f the Interi ®r FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 August 21, 2014 Mr. Hunter Carson MSD of Buncombe County 2028 Riverside Drive Asheville, North Carolina 28804 Dear Mr. Carson: Subject: Endangered and Threatened Species Assessment at Proposed Pine Circle Sanitary Sewer Rehabilitation Project, adjacent to Old US Highway 70, in Swannanoa, Buncombe County, North Carolina On July 30, 2014, we received (via e -mail) your letter in which you requested our comments on the subject project. We have reviewed the information presented and are providing the following comments in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e); Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act). According to the information you presented, Metropolitan Sewerage District is applying for a Nationwide permit from the Corps for aquatic impacts associated with the Pine Circle Sewer Rehabilitation project. The purpose of the project is to replace and existing sanitary sewer line with a new ductile iron pipe system. The new sewer line will replace an older existing sewer line in the same location. The project includes four stream crossings of an un -named tributary to Swannanoa River and two stream crossing of an un -named intermittent stream. The project will result in about 90 linear feet of stream impacts. Federally Listed Endangered and Threatened Species According to our records and a review of the information presented, no listed species or their habitats occur on the site. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Stream and Wetland Buffers One of the most important and effective measures that can be taken to protect stream health is the preservation of riparian buffers. Wide, contiguous riparian buffers have greater and more flexible potential than other options to maintain biological integrity and can ameliorate many ecological issues related to land use and environmental quality.2 For most projects, we recommend the maintenance or establishment of minimum 100 -foot native forested buffers along each side of perennial streams and 50 -foot native forested buffers along each side of intermittent streams and wetlands throughout the present and future service areas of the entire municipal jurisdiction.3 We additionally encourage the implementation of buffers on ephemeral streams due to the important functions they provide as headwater streams. 4, 5 Buffers should be measured horizontally from the edge of the stream bank,6 which may result in wider buffers at higher gradients, and must be provided over the entire length of the stream, including headwater streams, springs, and seeps. Further, we recommend leaving 30 percent of the development area as green space, which would include buffers and wetlands and ensure that the green space is connected to aquatic resources. Sediment and Erosion Control We recommend that you install and maintain stringent measures to control erosion and sediment in order to prevent unnecessary impacts to aquatic resources within and downstream of the project site. Disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue -based mixtures should be avoided. Native annual small grains appropriate for the season are preferred and recommended. Perimeter erosion - control devices should be installed prior to any on- the - ground activities. Frequent maintenance of these devices is critical to their proper function in order to minimize sediment discharge from the project site. Invasive Exotic Species We are concerned with the introduction and spread of invasive exotic species in association with the proposed project. Without active management, including the revegetation of disturbed areas with native species, the project area will likely be a source for the movement of invasive exotic plant species. Exotic species are a major contributor to species depletion and extinction, second 'R. Horner, C. May, E. Livingston, and J Maxted. 1999 Impervious Cover, Aquatic Community Health, and Storm Water BMPs: Is There a Relationship? In: Proceedings of the Sixth Biennial Storm Water Research and Watershed Management Conference Southwest Florida Water Management District, Tampa, FL 2R. J. Naiman, H. DeCamps, and M. Pollock. 1993. The role of riparian corridors in maintaining regional biodiversity Ecol. Appl. 3:209 -212. 3J. S. Stewart, D M. Downes, L.Wang, J. A. Wierl, and R. Bannerman. 2000. Influences of riparian corridors on aquatic biota in agricultural watersheds. Pages 209 -214 in P. J. Wigmgton, Jr., and R. L. Beschta, eds. Proceedings of the American Water Resources Association International Conference on riparian ecology and management in multi -land use watersheds, Portland, OR 4R. B. Alexander, R A. Smith, and G. E. Schwarz. 2000. Effect of Stream Channel Size on the Delivery of Nitrogen to the Gulf of Mexico. Nature 403:758 -761. 5B. J. Peterson, W. M Wolheim, P. J. Mulholland, J. R. Webster, J. L. Meyer, J L. Tank, E. Marti, W. B. Bowden, H M Valett, A. E. Hershey, W H McDowell, W. K. Dodds, S K. Hamilton, S. Gregory, and D D. Morrall. 2001. Control of Nitrogen Export from Watersheds by Headwater Streams. Science 292:86 -90. 6K. L. Knutson and V. L. Nae£ 1997 Management recommendations for Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia, WA. 181 pp. 2 only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife and Plants. It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal sppecies are now established in the United States, costing more than $130 billion a year to control. Additionally, the U.S. Government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov) and thus cannot spend money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere." Despite their short-term erosion - control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotics plants are also aggressive invaders of nearby natural areas, where they are capable of displacing already established native species. Therefore, we strongly recommend that only native plant species be used in association with all aspects of this project. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258 -3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4 -2 -14 -305. Sincerely, - - original signed - - Janet Mizzi Field Supervisor E -Copy: Ms. Tasha McCormick, US Army Corps of Engineers, Asheville Regulatory Office 7Wilcove, D S., D. Rothstein, J Dubow, A. Phillips, and E. Losos 1998. Quantifying threats to imperiled species in the United States. BioScience 48:607 -615. BPimentel, D., L. Lach, R. Zumga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous species in the United States. BioScience 50:53 -65. 9 Lists of invasive exotic plants can be found at http / /www tneppc org/ and http / /www. invasive org/eastern/srs/ on the Internet. o c a laA. e Fe. WAb+n Rd - 1�. R g 1 4 i a - a a 4 - .. ,o ,fr •� oa _ o 4 3r OSY ■ CQ UrypooM � [ - n m m ' Q a Q G � O.A. 01 111 PI 1 • pclL _ x � a � 3 iAv... v .B�oots�ue fir 1, 3 1' 1 p �1 A ` 1 1 j M 1 It 1 r tr z � .L• i :- !. 4 , m 0. I5• 8 oa ,oua� J' '' Vry w y • jj,77,!!0 6 ic ; Is r�a9 3 ` •qp p,Aysw.W nnL�y C. p �i '. i +o6dylyj L� ti ■ .! es o� y a, gel Ln O .I Craggy St - e iL Campbe4131 W caua. st ^ S f J.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2014 -01450 County: Buncombe U.S G.S. Quad: NC- Asheville GENERAL PERMIT (REGIONAL AND NATIONWIIDE) VERIFICATION Permittee: Metropolitan Sewerage District (MSD) / Thomas E. Hartye Address: 2028 Riverside Drive Asheville, North Carolina 28804 Telephone Number: 828 - 232 -5537 Nearest Town: Asheville Nearest Waterway: unnamed tributary to Swannanoa River Coordinates. 35.607869 N, - 82.357335 W River Basin/ HUC. French Broad /06010105 Location description: The protect is located on two properties within MSD easements, (PIN 0609 -23 -5323 and PIN 0609 -24- 8868) near Old US Hwy 70, Black Mountain, Buncombe County, North Carolina. Description of projects area and activity: This permittee is authorized to impact approximately 901ft of an unnamed tributary to the Swannanoa River. Impacts are associated with 6 stream crossings, replacing 2,779 Ift of existing 6 -inch and 8 -inch sanitary sewer line that is in poor condition and undersized. Crossings 1, 2, 5 & 6 will be permanently impacted with riprap for stabilization. Crossings 3 & 4 are temporary impacts only. Applicable Law. ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization. Regional General Permit Number or Nationwide Permit Number- 12 SEE ATTACHED RGP or NWP GENERAL, REGIONAL, AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated August 1, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide /regional authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide /regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide /regional permit. If the nationwide /regional pen-nit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide /regional pennit, activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon the nationwide /regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide /regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919 - 807 -6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any quest *o re_ rding this verific 'o , any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact T sha lexand at 828 79Wortasha.l.ale xan der @ usace.army.mil. Corps Regulatory Official: Date: September 2, 2014 sha Alexand r 2014 -01450 Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. C. ® There are waters of the US and/or wetlands within the above described project area 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW- Basis for Determination: There are stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the properties is known as an unnamed tributary to Swannanoa River which flows into the Swannanoa River which flows into the French Broad River. The French Broad River is located within the French Broad - Holston watershed and eventually drains to the Gulf of Mexico. Specifically, the French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River then drains to the Ohio River and then onto the Mississippi River before entering the Gulf of Mexico This jurisdictional determination is valid for the impact areas only. 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 and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 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 within 60 of the issue date below. * *'It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. ** 2014 -01450 ffil Corps Regulatory Official: 11W Tas a Alexander Issue Date of JD- September 2, 2014 Expiration Date of JD: Five years from Issue Date 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 http: / /regulatory.usacesurve. Copy famished- Hunter Carson, Metropolitan Sewerage District of Buncombe County, 2028 Riverside Ddrive Asheville, NC 28804 Action ID Number: 2014 -01450 County: Buncombe Permittee: Metropolitan Sewerage District (MSD) / Thomas E. Hartye Date Verification Issued: September 2, 2014 Project Manager: Tasha Alexander Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW -RG -A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and /or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date . E'er.- .. i`ncm�R" -`, Tkt ..�1g d tx�M :P;4sxwi �,` #, `+4_ �y ;rtYa+T+t- ^,,'.4°vH'.'^f•F�gJ+: %^_f' i%,� i^'ii '"&'i a ,:.Y `n'� "� irtt Yt�i "sit °Y�''� .�,..N �*F.y °•Yn .3 '�t4z'3"A �f"�i.�{a "ri. 3.a` :,a., i.-+� �� apy�x..ffi :&�3,+s... 'a<"�$ � iii ^». ° �'l.',i �=', �F�,.'1Y,S.2 �°'' �,tM3'`5�- q�"�' "�}sxs �Ff;?`•a�?''a3�t[•<n4�`, :se tts}f,&w'✓�:�n :?[:'s �:�,,�;��:�'� APPSAL�OPTIUNS�ANDgPROCESS.ANDF �'�' :�s�.>� "� �' `� �`ix"�" +d6<'k +2�.�a: .yp;, +. ;>W:.� 4 ` �s. ��,:.:>-n�p�,�_::+a°r°rFe^+'�av �3�s�, "1� i#.'�r_;<w s�Y �"?���,��i �'S..yi-�.s i^r,`, ?}*;:'�+iy`.;„�r;r. fS �,: �' ",i'+�tt C�k'a� +� •?�'�:g'�g,� y; + ic�.�{ +'_;�,3 =x,' =, _ Y''yt�?W' Applicant: Metropolitan Sewerage District (MSD) / File Number: SAW- 2014 -01450 Date: September 2, 2014 Thomas E. Hartye 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 - = -" .rp x - tr- .'tom - 'ror,fe tea.+. - f SECTION „h Tl'e foil 'owin&identifies'your`riglits and'options regarding ari administrative +appeal'ofthe'a6ove "d+ecision - Additional information maybe found athttp: / /www.usace: army -ihil%1Vlissions /C-ivilWOrks&e i lafo YPPr6?r`a iiaL6dPerinits.aspx , - - oi Co sire+ ulathons af33FCFR 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 pennit document and return it to the district engineer for final authorization. If you received a Letter of Penmission (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 pennit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the pennit. OBJECT: If you object to the pennit (Standard or LOP) because of certain terns and conditions therein, you may request that the pennit be modified accordingly. You must complete Section II of this form and return the fonn 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 pennit 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 pennit to address some of your objections, or (c) not modify the pennit having determined that the pennit 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 pennit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional deterninations associated with the pennit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined pennit 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 fonn 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 II of this form and sending the fonn 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. t.T�= }tG' - _ - __ - rpi-F �Y `: 4-aa n. 1_7.w �. i.: `,'Cd: f 14: •'Y" :, SS 'tyY', ",'' f1 -" s'^',b•_ -- 174 SECTION II- REOLTEST FOR'APPEAI ` "or' TIONS_TO PROFF RE RMI O "AN'INITTA- P ,, - 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 F.OR UES DONS '®R INF ORMAT 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, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer 151 Patton Avenue CESAD -PDO Room 208 U.S. Anny Corps of Engineers, South Atlantic Division Asheville, North Carolina 28806 60 Forsyth Street, Room 10M15 Tasha Alexander Atlanta, Georgia 30303 -8801 828 - 271 -7980 Phone: (404) 562 -5137 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.: Tasha Alexander, 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. Jason Steele, Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137