20230991 Ver 1_ePCN Application_20230711

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
6/7/2023
BIMS # Assigned
20230991
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Garvey-Fera Luna Lane
1a. Who is the Primary Contact?*
Warren Eadus
1b. Primary Contact Email: *
[e-mail]
Date Submitted
7/11/2023
Nearest Body of Water
UT to Brush Creek and Brush Creek
Basin
French Broad
Water Classification
C;Tr
Site Coordinates
Latitude:
35.481212
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
Yes No
Longitude:
-82.406351
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
14
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
14 - Linear transportation
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Thomas and Janet Garvey
2b. Deed book and page no.:
6236/678
2c. Contact Person:
Janet Garvey
2d. Address
Street Address
132 Badin Drive
Address Line 2
City State / Province / Region
Fletcher NC
Postal / Zip Code Country
28732 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Janet Garvey
3b. Business Name:
3c. Address
Street Address
132 Badin Drive
Address Line 2
City
Fletcher
Postal / Zip Code
28732
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Warren Eadus
4b. Business Name:
Quible & Associates, P.C.
4c.Address
Street Address
90 Church Street
Address Line 2
City
Black Mountain
Postal / Zip Code
28711
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality I town:
Fairview
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
968468513400000;968456826500000 22.954

2c. Project Address
Street Address
531 Brush Creek
Address Line 2
City
Fairview
Postal / Zip Code
28730
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
UT to Brush Creek and Brush Creek
3b. Water Resources Classification of nearest receiving water:
C;Tr
3c. What river basin(s) is your project located in?"
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050701
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site is currently undeveloped. There are a series of old logging roads and skidder tracks on the property and there are two existing stream crossings that were installed in the past.
The vicinity of the project area is predominately single family residential housing.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?'�
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2023-00859
4f. List the total estimated acreage of all existing wetlands on the property:
.06 acres (streams)
4g. List the total estimated linear feet of all existing streams on the property:
1,563
4h. Explain the purpose of the proposed project:
Stream crossing required to gain access to build residential homes on the property.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
PROJECT NARRATIVE
The applicants are proposing to develop their 22.08 property (two parcels) into residential homesites in conformance with Buncombe County Zoning. The residential development requires
that a long driveway be installed. The driveway must cross two jurisdictional streams in order to access the property. In general, the proposed driveway will follow former logging roads and
existing soil/gravel paths. There is a +/- 13' wide existing gravel road that transitions to a soil road that crosses Brush Creek and UT-2 as shown on the attached exhibit. The crossing at
Brush Creek has an existing 60 inch culvert that is 50 linear feet. The existing culvert at UT-2 is 12 inches in diameter and approximately 15 linear feet. The applicants propose to construct
a driveway and install 176 sf of rock at location of their property boundary and existing downstream side of the Brush Creek culvert to stabilize the edge of gravel and top of bank. The
applicants also propose to replace the culvert at UT-2 with a 24 inch diameter and 22 feet long culvert. This culvert replacement also involves moving the culvert slightly upstream to a
more stable location and will result in 22.5 linear feet and 123.1 square feet of impacts.
The applicants are minimizing and avoiding impacts to streams to the maximum extent practicable by constructing a driveway that is direct (avoiding switchbacks that would cross UT-3)
and only crossing streams where unavoidable. Earlier development plans included two new stream crossings at UT-3, but the site and driveway layout were redesigned to avoid these
additional crossings. The applicants are proposing to provide additional bank stabilization at Brush Creek and upsize and reposition the existing culvert at UT-2. Both of these activities
should have a positive impact on water quality. The proposed rock stabilization at location of the Brush Creek culvert does not appear to require a permit since the rock will be placed
above the OHWM and not involve any impacts to Waters of the US or State.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2023-00859
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Warren Eadus
Agency/Consultant Company: Quible & Associates, P.C.

Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
May 3, 2023
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
O
F
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
�3e. Stream Type*
(?)
I. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Road CrossingPermanent
Culvert
UT-2
Perennial
Both
5
nverege(feeq
225
(iinearfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
225 0
3i. Total stream and ditch impacts:
225
3j. Comments:
This request is the replacement of an existing culvert.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The culvert is existing and this project proposes to replace, improve and lengthen the existing culvert to adequately support a 13 feet wide private
driveway. There is not an alternative to crossing this tributary based on the parcel geometry.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Headwalls, appropriate SESC measures and best management practices will be employed to to avoid and minimize impacts and any secondary impacts
that could be caused by careless construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Proposed impacts are less than .003 acres.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No

What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
This proposed project is limited to one necessary stream crossing. The proposed driveway will access two lots and allow up to a maximum of four
homes (allowed in current zoning -Open Use). The project includes a SESC and stormwater management design which will capture stormwater and
release it at predevelopment volumes and flow and provide for diffuse flow and not impact any streams or buffers.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
N/A

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
N/A
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
N/A
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?
NC FRIS
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
P22171-PCN Overview - 20230607.pdf 509.71 KB
Army Core Signature.pdf 56.91KB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Warren Eadus
Signature
Date
7/11/2023