HomeMy WebLinkAbout20160294 Ver 1_401 Application_20160316ALTAMONT ENVIRONMENTAL, INC.
.-.
231 HAYWOOD STREET, ASHEVILLE, NC 28801
TEL.828.281.3350 FAC.828.281.3351
WWW.ALTAMONTENVIRONMENTAL.COM
March 17, 2016
Water Quality Permitting
Division of Water Resources
North Carolina Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Pre -Construction Notification Submittal for Culvert Replacement
Given Highland Farms - Meadowmont Homes Expansion Phase 2
Buncombe County, North Carolina
X0160284
D
1!,IAR 9 3 2016
DEQ -WATER RESOURCES
401 & BUFFER PERMITTING
Attached are five copies of the permit application for the above referenced project. One copy of the permit
application has been submitted to the Asheville Regional Office of the United States Army Corps of
Engineers.
The permit package includes the Pre -Construction Notification (PCN) form and associated supporting
documents. Per the PCN instructions, we have reduced the plan sheet size down to 11 x 17 inch size plans.
We appreciate your assistance with this project. Please do not hesitate to contact me at (828) 281-3350 if
you have any questions or need additional information.
Sincerely,
Mike Dale RECEIVEDINCDEQ1D19R
ALTAMONT ENVIRONMENTAL, INC Map Z g 2p16
Water Quality ality n
Enclosures: Pre -Construction Notification permitting
Cc: Ken Partin, Givens Communities
Ken Kramer, Givens Highland Farms, LLC
Jim Boyer, Givens Highland Farms, LLC
P:\Givens Highland Farms\16ac Site Development Phase 2\Permitting\USACE\Culvert Replacement Submittal Documents\160317Lr-NCDWR PCN
Submittal Docx
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
NX Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes 0 No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes N No
2. Project Information
2a. Name of project:
Meadowmont Homes Expansion - Phase 2
2b. County:
Buncombe
2c. Nearest municipality / town:
Black Mountain
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Givens Highland Farms LLC
3b. Deed Book and Page No.
5045/1294
3c. Responsible Parry (for LLC if
applicable):
Jim Boyer
y t� 3 2�)6
3d. Street address:
200 Tabernacle Road
3e. City, state, zip:
Black Mountain NC 28711 401 & BUFFER PERMITTING
3f. Telephone no.:
(828)357-1046
3g. Fax no.:
-
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Mike Dale, RLA
5b. Business name
(if applicable):
Altamont Environmental, Inc.
5c. Street address:
231 Haywood Street
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
828-281-3350
5f. Fax no.:
828-281-3351
5g. Email address:
mdale@altamontenvironmental.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0609-55-1146-00000
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.616033 Longitude: -82.347161
1 c. Property size:
76.16 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Swannanoa River
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
French Broad
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:
The current condition of the property is grassed pasture. Upstream land use is low density residential and forest.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,580
3d. Explain the purpose of the proposed project:
See Attachment A.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall riot phases)in the past?
❑ Yes ❑X No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
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
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
See Attachment A.
6. Future Project Plans
6a. Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
See Attachment A.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X 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.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
39•
Impact
length
(linear
feet)
S1 P
Culvert
UT
PER
Corps
4
46
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
46
31. Comments:
The proposed culvert is 60LF and the existing culvert is 14LF. Therefore, the total impact is 461-F.
Page 4 of 10
PCN Form — Version 1.4 January 2009
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 indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction L
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
-B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
' I
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The road alignment was designed to cross the stream in the same location as the existing culvert to minimize additional impacts to the stream channel.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction activities will take place only where the culvert installation and road crossing are proposed No other impacts to the stream are
anticipated
1
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 - ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank j
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank f
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
_
Type: Choose one
Type: Choose one
-
Type: Choose one
Quantity:
Quantity:
E
Quantity:
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:
Choose one
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
i
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
J
Page 6 of 10
PCN Form — Version 1.4 January 2009
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 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
-
❑ Yes _ ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
33.29%
2b. Does this project require a Stormwater Management Plan?
❑x Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
See Attachment A.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Town of Black Mountain i
t
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Town of Black Mountain
Phase II
El 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 ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
0ORW
(check all that apply): _
E] Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?X❑
Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
QX Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
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
El 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,
El Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X 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.
The
proposed project includes an extension of a private sewer collection system.
Page 9 of 10 -
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement) -
5a. Will this project occur in or neer an area with federally protected species or
habitat?
Yes ❑x No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
Yes ❑ No
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?
Review by USFWS Asheville Field Office, Bryan Tompkins. See Attachment C for response letter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
i
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
I
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes 0 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Review by North Carolina Department of Cultural Resources. See Attachment D for response letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑Yes QX No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
North Carolina Floodplain Mapping Program
J i wt�Cetr'
Applicant/Agent's Printed Name
I
3�15�2a�G
Date
A I ant/Agen 's Signature
(Agent's si ature Is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
z
n
3
n
n
I
N
ca
cn
D
I
m
0
m
n
0
z
va
m
n
x
z
D
v
3
m
D
Om
m
vnxv
>
<
oD
In
imo>
3
o
rD
1
o�cn
=
r
—�{
2
o
3
LAG) - m
--iZM
D
ITT z
o
�m>
rn
1 1 1
0
z�-o
mn
0
rn N D to
M
D
m
_ 0
z
m
x
x
D
N
0
x
y3
O
N m
`'
Z
m
r
m
=
a A
T
D
m
=mo
�iNo
z
In
m
D W
N �
y
W
m
IT
O
y
Il
D
s a
m j
N �
u
N
m o
0
r
0
C)
�
3
m
D
Om
m
o
<
oD
In
z
cn
=
3
o
rD
1
D
3
y O
C, Z
=
r
—�{
2
o
3
�
U)°
--iZM
D
ITT z
o
cn
rn
1 1 1
0
z�-o
mn
0
3
M
D
z7
-i
o
L
x
x
D
N
z
N
D
_,
�
a
u
m
!. t_~_ - 'I \ --� , \ = \ - \ v . ,. �s TABERNACLE
,pa f \ tjI � ( / y 11 y -- m
— Il'I\III111111 IJ'� ♦ \ \\ � �h`� IAD
_ t , ERNACLE R_D
��, �� \ , I[—�{-F-1 FI IJ IJ 1 -1�I•I 1't\I'll 11 11'411 Il,l 1 I I 11`, I I'l 1.1 I -
\ ,� \\111'' �I fy` \ \ \ \I\ \ l all\L11,1 I 1111 \ `\ \ Q A�G
\ \ \\\ \ , \ =.,— I 11,111 - - - T° T Roaq- ,
\lilt r �,I \ \\ ��♦ T - t�\-\ \� 1 - 1 ♦�/��1%I� In11� III ��- \ - o �_l
• - �I \ y�I\,\ \ \ \ I\?` \ +•tom` / _ / II11j h11 I � � \ �F ��.
\\\ II IIS \ ` \ \ \ \ \ \ \ \ 1 `~ \ \ _ \ �T ! / .� h1 f I I I I I 1 ', •.
-� � 1,11(( \ \ \ \ \ \ � ,\ W � \ � T- ,,.�• \\ \ '� Li I I ��,
AN N
N.
,/ III �I}jl - �\♦\' _ <
\ T �
\
II I III j / ` \`\ \\♦\ \-/�
° 7 it13III ' / / °`_-__ �` -• \\ ♦ \, \ J
4111
/ / lll�llll r Ilillll I I 1 / / --�----- `\ ♦ \ \ \ \ \ \_- / / 'r _ '-
,/ / Iilill�l I I+iql 1 I, 1 t` 1 Iy�----- _ \\♦��\\\ \\ \ \\\ ////
" ' IIIIII111 � �/I111j1 \ \ \ \ \ 1 `�\ ' �. ` \\ ` �,•\,\ •'�\\ \ ♦ �' / //' � � / /
1 44 II _-
\ UII:I II1U\
\'\' llt�l -i�'• 111 \ \`- '�• � \ ����-' \ � � / / /
b \ IItt1111 �}IIIIIIIII \ `\ \ �-� � \ , \♦ \\ \\\\`\ \,\\ \^ � �/ , /� / / ,
/ \ It
it ! �- Y111111 III, \ ` \ \\ I �, \ ♦ \ \ \ \ \ , / / ,
\ \\ II(illl/�,\ ♦ ` ��\\\w�'/'/ /' /
t1l 01,
f�\�`t \ Illlly (\II1111111� �' - �'__'� � \\\ \��•\ \. /, \
Ar j" � ,r ,11-x` �' •- __ -- �` �\\\\= � \ \\ \
�y dFs / \ J l \ \♦ \\ \ ` \ \ti
�e p� Illi 1 = �; I \ \ \♦ \ \\ \ \ ♦ \ ♦\ \
�,Ihn,n� A 1111 \\\\ \ `\/\ ` ` \♦\�\\ \` \ \\`
/kr \\I \ \ \\
p \ V/ `\ tL \ \ \ \ \ \ \�\�.\\ \ \ \
N.
I N \ t it I I \ ❑' °
\I,�\ N.
I I I tr � �♦\� � / \ Y c'W / l' / `• 1-� \ t � II t ` \ � �4^ K n,
4 >
! P to
rn
t `
om '��\\�I � 11
XN
KII NI
cl) Itl III t\th �/ \
o(' I -i Ili, jl z l ,,, a\ : t I� _ x53
IIII Io,i/ `' it `;�r
l' n III =1 1 \
IJ ICI/l,af1I\II-�a
N I l,r lit
® Ill 1�C ,.1,/I
Ii I .ZI_'-I]I I !fcn/�''= ;.-- \,- I itisIt Iy II
i1; -ails \\ III l�
r I I Oil,
I ,I O
J I I o7 ul D
m(, I
/
I D I (, III \I`
t I I '� ! ' \ 11 I it III _? \ = _ l� (� 1, Ili/`/ /
/ ( nlll \I, III I /r �cr�l' IIII', 11 \�1111�11111j'ti� j
\ I rn'♦\\l � U\ t � l _ / l I �l/JAI t , , � �
Willa
lit I Fllll �y .
!(llll
° 1 Ill
%�
' f - .-r _lam � y j ! � �'•�7• :+�.._� /
n
z
3
D
Attachment A
Answers
PCN Submittal
Givens Highland Farms—Meadowmont Homes Expansion Phase 2
Buncombe County, NC
SECTION B. Project Information and Prior Project History
3d. Explain the purpose of the proposed project:
The purpose of the project is to build an additional access road and replace an existing
culvert crossing to serve an expansion of a residential facility.
3e. Describe the overall project in detail including the type of equipment to be used:
The expansion of this residential community is a multi -phased project. Phase 1 is under
construction and involved the installation of a new access road and replacement of an
existing culvert. Phase 2 will involve building a new road and replacement of another
existing culvert crossing.
The culvert replacement project for Phase 2 will include the installation of a 4' x 8' x 60'
precast concrete box culvert buried at a depth of 1' below the creek bed and a Redi-Rock
block headwall. Construction equipment that will be used includes a backhoe and track
trucks to haul out any additional material.
5a/b. Have permits or certifications been requested or obtained for this project (including all
prior phases) in the past? If yes, explain in detail.
Yes. Phase 1 involved the replacement of an existing culvert in an unnamed tributary to the
Swannanoa River under NWP 29 (Action ID 2015-01579). The existing culvert was 22LF and
was replaced with a 35LF concrete box culvert. The total impact was 13LF. The application
was submitted on May 20, 2015 and the issue date was July 29, 2015. Close-out
documentation was submitted to the USACE Asheville Regional Office on March 2, 2016.
See Attachment B for the permit verification documents.
6a/b. Is this a phased project? If yes, explain.
The expansion of this residential community is a multi -phased project. Phase 1 is currently
under construction, and Phase 2 is in the design and permitting stage. Additional phases
have yet to be designed and it is unknown when additional phases of construction will occur.
SECTION E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
2d. If this project DOES require a Stormwater Management Plan, then provide a brief,
narrative description of the plan:
The stormwater management plan will account for all stormwater runoff from the first inch
of rainfall through the use of low impact development practices and several best
management practices installed within the development. The plan includes one centralized
wet detention basin and other decentralized stormwater management features, as well as
grass lined swales to slow, treat and cool stormwater runoff.
Attachment B
Phase 1 Permit Verification
I.T.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2015-01579 County: Buncombe U.S.G.S. Quad: NC- Black Mountain
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Givens Higland Farms, LLC /Jim Boyer
Address: 220 Tabernacle Road
Black Mountain, NC 28711
Telephone Number: 828-357-1046
Nearest Town: Black Mountain
Nearest Waterway: ut to Swannanoa River Coordinates: 35.753622-N, -81.972511 -W
River Basin/ HUC: French Broad
Location description: The project is located off Tabernacle Road, Black Mountain, Buncombe County, North Carolina.
Description of projects area and activity: The permittee is authorized to impact approximately 401ft of an unnamed tributary to
the Swannanoa River to replace and upgrade an exisitinLy (221ft) culvert. A box culvert (4=35) will be installed.
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: 29
SEE ATTACHED RGP or NWP GENERAL, REGIONAL, AND SPECCAL 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 May 21, 2015. 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 permit 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 permit, 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 questions r ar ing this verifi tion, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tash4asha
n er at 82 -7980, ext. 226 or sha.l.alexander@usace.army.mil.
Corps Regulatory Official: y Date: July 29, 2015
Alexander
Expiration Date of Verification: March 18, 2017
2015-01579
Determination of Jurisdiction.
i
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 Navigabtje 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 property is an unnamed tributary (UT) to 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 on to the Mississippi River before entering the Gulf of Mexico.
This jurisdictional determination is 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. Ifyou 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 1OM15
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.**
2015-01579
Corps Regulatory Official:
Tasha Alexander
Issue Date of JD: July 29, 2015
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://reWatoKy.usacesurva.co
.com/.
Copy Furnished:
Mike Dale
Altamont Environmental, Inc.
231 Haywood Street
Asheville, NC 28801
2015-01579
SPECIAL CONDITIONS
Please review the attached North Carolina Wildlife Resources Commission letter dated June 29, 2015. These
recommendations should be considered where practicable.
*Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream:, Culverts 48
inches or less shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional
Condition 3.6 attached to this NWP.
Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined with
the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory; mitigation
will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are
greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally,
cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or
intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This
verification of the use of the Nationwide Permit Program for this project does not imply that this office will
necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.
* The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by-
case basis. All requests for waiver must be in writing and shall include rationale for the request.
Action ID Number: 2015-01579
Permittee: Givens Higland Farms, LLC / Jim Boyer
Date Verification Issued: July 29, 2015
Project Manager: Tasha Alexander
County: Buncombe
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 requited mitigation was completed in accordance with the permit
conditions.
0— -3 /Z d / 4,
Signature Cermittee Date
r"h: i / .') • - �, -.ci �(r%<v �r}:'r^ �: Yc2L° . _ _ .'v y.'�>�J.� F�" a[fa _'?- - ':5.:.4w••`n t,• - _ - - - -t "a: " `2S: r, : ,;r =`ii S
�� .i� ��='-: js- t. 'e, '�,JL: ,r.` __- .ay,; yeti=i"-�_��-a: _-ir,�a••t: t•�'et yt' c •'tti'�n_ -J:i-� �'��1:�`�'�ryT` •i''-'-'-'�!` - = - �i
3 r. C�73 _ :S: �F a. - _ ,rte - _.....c ti � + `` t- .# •a`� .7: Ji ~J'��., ••1..; s� -''-' '
�'��-p,�, -T.F:� j•i.?; ....f=� _ _ _ - ,~2.�. �3='t*�-iir `iY"�`i� Fe.�:.-��;••:j. �<^.f:`-..��t� ..� �1 •!: _�J.�r.r=�- - _= u'L+-:�'•'?: ••� •� �:
t:;.�;;-�t;'�^�:.R•-�_�;-.NUT.IF>(CA�T�UN:OF�AbMII�T1-S,TRAT AP.P •ALUP�%Q1VS:• _ ;I'ROIES� �AI�TD;=;,;= r:-° •:�,..-- -
�i:' ��`=A.r�T�«+uriy--2 ` '-::,.y.- .,�r�� %.. y.- .:• `r_ -_ :-., . ; .S, '� . - {1,.,,y�.�.�,.,. - - �' _ 'Yi. �t,-,�;.• •:�`= a --
�]i� :tip:"_ •:o _`fi a c: -=t`' �-_ {�' _ �;. ':.� �ti.:�b_. a!b:;�.y��:D=. ''�''�'�• ':io'.-• : R :� i3,y 'C•�� -• },.�.::.i =-. r z..,. ' `•`�x^-e =:1 ; "_
.-r �;a tj'-'e`a�S?;•�iic r -i ' .�`7}.r.Kti.•�'; ,'.'l� • 'r`�-Y p+•�+%tti[� �O �Li1V�•t - �°-it •�' 'i-•.-.•a�_ '_cy.�� _ t � •:.,
_: f'.%� ��/y� .:7' i'!�' : �.�e:� '.ice :ii - • �.�['r r_ a.i•. _: c_'��in:.a, �.. ri`��ba-i .':yu :'•{. :G• �_.r�•- -•--. •;r:r �----��.,, - - _ _
.T a1'v- rtr.•.. ,4 �I-. ...i'.1 +_�- ..:� �. 4'• r C_ o.,:%.'. � i�y f: s �••-•
_ .•..^ :� �- .1-...� 11,.1- .t..: .r. ., ri..
Applicant:• Givens Higland Farms, LLC / Jim Boyer File Number: SAW -2015-01579 Date: July 29, 2015
Attached is: See Section below
F11 INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B
❑ PERMIT DENIAL C
® APPROVED JURISDICTIONAL DETERMINATION D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The follo�ying identifies Your -rights and -options reg4dirig an`administrative-appeal b# the above decision.
Additionalinformation maybe found at h4:1/"w.usace.armymi7/Missions/CivilWorks/Re-gulatoryProkramandPerniits.aspz
or Co s re lations at 33 CFR Part 331:
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section H of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section Il of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED 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 form 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.
SPCTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN -INITIAL PROFFERED PERMIT-
REASONS
ERMITREASONS 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.FOIL -QUEST rQRS. 0XI NF.ORMA,TION .
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. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801 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 anv site investigation, and will have the opportunity to participate in all site investigations.
Date: I Telephone number:
of appellant or
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
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
June 29`x, 2015
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 Meadowmont Homes Expansion — Phase I Permit Application, UT
Swannanoa River, Buncombe County, NC
Dear Ms. Alexander:
Representatives of Givens Highland Farms LLC requested a permit to install a 4 -ft x 7 -ft x 35 -ft precast
concrete box culvert in UT 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. Mike Dale, Altamont Environmental Inc.
Ms. Andrea Leslie, NCWRC
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Attachment C
USFWS Federally Listed Species Assessment
United States Department of the Interior
Ms. Megan Foy
Altamont Environmental, Inc.
231 Haywood Street
Asheville, North Carolina 28801
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 23, 2015
Subject: Federally Listed Species Assessment for a Proposed Residential Development (Givens Highland
Farms Development), located at 200 Tabernacle Road, in Black Mountain, Buncombe County, North
Carolina
Dear Ms. Foy:
On February 27, 2015, we received a letter (via e-mail) from you requesting our review and comments on
the subject project. We have reviewed the information presented and are providing the following
comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
Project Description — According to the information that you presented, your client is proposing to
construct an independent living residential community in Black Mountain, North Carolina. The site
currently consists of open agricultural fields. A small un -named stream transects the project site. The
project will consist of constructing residential units and a new access road. -Construction of the access
road will require the replacement of the existing culvert stream crossing of the un -named stream that
crosses the property.
Federally Listed Endangered and Threatened Species
According to our records and a review of the information you provided, no federally listed species or their
habitats occur on the subject site. Therefore, we believe the requirements under section 7 of the
Endangered Species Act are fulfilled. However, obligations under section 7 of the Endangered Species
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
Because there are aquatic resources within the project area, we want to emphasize that stringent measures
to control sediment and erosion should be implemented prior to any ground disturbance and should be
maintained throughout project construction. 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. Also, 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.
One of the most important and effective measures that can be taken to protect the health of aquatic
resources is the preservation of riparian buffers. Wide, contiguous riparian buffers have greater and more
flexible potential than other options to maintain biological integrityl and can ameliorate many ecological
issues related to land use and environmental quality.' Riparian buffers accomplish the following:
1. catch and filter runoff, thereby preventing nonpoint-source pollutants from reaching streams;
2. enhance the in -stream processing of both point- and nonpoint-source pollutants;
3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and, by allowing
runoff to infiltrate and recharge groundwater levels, maintains stream flows during dry
periods;
4. catch and help prevent excess woody debris from entering the stream and creating logjam;
5. stabilize stream banks and maintain natural channel morphology; j
6. provide coarse woody debris for habitat structure and most of the dissolved organic carbon
and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.
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? 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,b 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.
Stream Crossings - Roads
We recommend avoiding and minimizing the number of stream/wetland crossings. Use bridges (sized so
as not to constrict the active channel and in consideration of flood flows) for all permanent roadway
crossings of streams and associated wetlands. We recommend the use of spanning structures because
1R. 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.
zR. 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. Wigington, 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. Naef. 1997. Management recommendations for Washington's priority habitats: riparian.
Washington Department of Fish and Wildlife, Olympia, WA. 181 pp.
they minimize impacts to aquatic resources, allow for the movement of aquatic organisms, and eliminate
the need to fill and install culverts. All stream crossings should be made perpendicular to the stream in
areas where banks are stable (i.e., riffle reaches). If culverts are the only option, we suggest using -
bottomless culverts, or squash pipes, embedded within the channel substrate. Any type of culvert that is
used should be designed to allow for the passage of fish and other aquatic life. Culverts should be sized
to accommodate the movement of debris and bed material within a channel during a bank -full event. We
recommend the use of multiple barrels (other than the base -flow barrel), placed on or near stream
bank -full or floodplain bench elevation in order to accommodate floodwaters within the stream corridor.
These should be reconnected to floodplain benches as appropriate. This may be accomplished by using
sills on the upstream end to restrict or divert flow to the base -flow barrel(s). Sufficient water depth
should be maintained in the base -flow barrel during low flows to accommodate fish movement. Culvert
length should be minimized to the extent possible.
During both utility and road construction activities, equipment should be kept out of streams by operating
from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be
inspected daily and should be maintained in order to prevent the contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic
materials should be stored outside the riparian area of the stream, in a location where the material can be
contained. Equipment should be checked for leaks of hydraulic fluids, cooling system liquids, and fuel
and should be cleaned before fording any stream. In addition, all fueling operations should be
accomplished at least 200 feet away from streams and wetlands or outside the 100 -year floodplain
(whichever is greater).
Storm -water Management
An increase in development (residential, commercial, and industrial) results in a concomitant increase in
impervious surface area and thus a similar relational increase in storm -water runoff. Impervious surfaces
(such as roofs, roads, and parking lots) collect pathogens, metals, sediment, and chemical pollutants and
quickly transmit them (via storm -water runoff) to receiving waters. According to the Environmental
Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the
United States, posing one of the greatest threats to aquatic life, and is linked to chronic and acute illnesses
in human populations from exposure through drinking water and contact recreation. Increased
storm -water runoff also directly damages aquatic and riparian habitat, causing stream -bank and
stream -channel scouring. In addition, impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods that can induce potentially catastrophic effects
for fish, mussels and other aquatic life.
Best management practices can reduce, but not eliminate, pollutant loadings of common storm -water
pollutants. Designs that collect runoff and allow it to infiltrate the soil have the highest documented
pollutant -removal efficiency, eliminating nearly all lead, zinc, and solids and more than 50 percent of
total phosphorous. Ponds and wetlands, which allow contaminants to settle out of the water column or be
broken down by sunlight and biological activity, can remove more than 70 percent of bacteria. Where
detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any
natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of
storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment,
nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to
protect streams and wetlands, no storm -water -control measures or best management practices should be
installed within any stream (perennial or intermittent), wetland or, when practicable, riparian area.
Accordingly, we recommend that all new developments, regardless of the percentage of impervious
surface area they will create, implement storm -water retention and treatment measures designed to
replicate and maintain the hydrograph at the preconstruction condition in order to avoid any additional
i
impacts to habitat quality within the watershed. We also recommend the use of low -impact -development
techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and
wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional
measures, such as large retention ponds, etc. Sufficient retention designs should be implemented to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges;
thermal spikes; and sediment, nutrient, and chemical discharges. These designs often cost less to install
and significantly reduce environmental impacts from development.
We recommend that consideration be given to the use of pervious materials (i.e., pervious concrete,
interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious
surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater
recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below
to cool the pavement (thus preventing heated water from entering adjacent waterways). Additionally,)
pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large
voids within the concrete. We also recommend (if applicable), the incorporation a rooftop garden or any
type of green rooftop into the building construction plans. Green rooftops have many benefits, including:
(a) keeping buildings warmer by adding a layer of insulation to the roof and keeping buildings cooler by
allowing plants to take in water that evaporates into the atmosphere, resulting in lower heating and
cooling bills; (b) reducing the amount and improving the quality of storm -water runoff because water;is
absorbed and filtered through plants and soil; and (c) improving overall air quality by removing
particulate matter from the air. This, along with the proposed storm -water runoff collection devices that
will be constructed, will dramatically decrease the amount and increase the quality of storm -water runoff.
The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources
and Water Quality" that we support and encourage you to use. It can be accessed via the Internet as
follows:
http: //Www.ncwildlife. org/pg07_wildlifespeciescon/pg7c3_impacts.pdf.
Invasive Exotic Species j
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 only to habitat loss. Exotics
are a factor contributing to the endangered or threatened status of more than 40 percent of the animal's and
plants on the Federal List of Endangered and Threatened Wildlife and Plants! It is estimated that ate least
4,000 exotic plant species and 2,300 exotic animal species are now established in the United States,
costing more than $130 billion a year to controls 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
7
Wilcove, 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.
gPimentel, D., L Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. Bioscience 50:53-65.
4
native vegetation. Many of these exotics plants9 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 4-2-15-179.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
9 Lists of invasive exotic plants can be found at http://www. tneppa org/ and http://www. invasive. org/eastern/srs/ on
the Internet.
5
Attachment D
NC Department of Cultural Resources Response Letter
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
June 4, 2015
Megan Foy
Altamont Environmental
321 Haywood Street
Asheville, NC 28801
Office of Archives and history
Deputy Secretary Kevin Cherry
Re: Construct Givens Highland Farms Independent Living Residential Community, 200 Tabernacle Road,
Black Mountain, Buncombe County, ER 15-1087
Dear Ms. Foy:
Thank you for your letter of May 13, 2015, concerning the above project.
There are no known recorded archaeological sites within the project boundaries. However, the project area has
never been systematically surveyed to determine the location or significance of archaeological resources. Based
on the topographic and hydrological situation and the density of archaeological sites in the area, there is a high
probability for the presence of prehistoric or historic archaeological sites.
We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and
evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project.
Potential effects on unknown resources must be assessed prior to the initiation of construction activities.
Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms,
should be forwarded to us for review and comment as soon as they are available and wellin advance of any
construction activities.
A list of archaeological consultants who have conducted or expressed an interest in contract work in North
Carolina is available at www archaeology.ncdcr.gov/ncarch/resource/consultants htm. The archaeologists listed, or
any other experienced archaeologist, may be contacted to conduct the recommended survey.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Comphance with Section 106 codified at 36 CFR
Part 800.
Location 109 East Jones Street, Raleigh NC 27601 Maihng Address- 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax-(919)807-6570/807-6599
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.reviewQncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
(1� %Adul-&�
603(Ratnona M. Banos