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
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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)
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PLUG LINES ELEV.- 2282.71'
' GUTTER SPIKE
"2005- 1926"
N= 693,177.94'
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\# 24303 ELEV.= 2275.19' /
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® 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.
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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
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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