20150621 Ver 2_401 Application_20160916

O�QF W A r�� G
d Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
N Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 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:
❑ Yes 0 No
For the record only for Corps Permit:
❑ Yes 0 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
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes Q No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes X❑ No
2.
Project Information
2a.
Name of project:
Morrison Farms
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Asheville
2d.
Subdivision name:
None
2e.
NCDOT only, T.I.P. or state project no:
NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Carl Morrison
3b.
Deed Book and Page No.
5255/0347
3c.
Responsible Party (for LLC if
applicable):
WWI
3d.
Street address:
254 Pearson Drive ti -
3e.
City, state, zip:
Asheville, NC 28801�RCES
3f.
Telephone no.:
828 595-6343DEQ W04 UFFER p R
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:
Hunter Terrell
5b. Business name
(if applicable):
Equinox Environmental Consultation and Design, Inc.
5c. Street address:
37 Haywood Street, Suite 100
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
828-253-6856 ext. 209
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9649-93-7918
1 b.
Site coordinates (in decimal degrees):
ILatitude: 35.605359 Longitude: -82.532683
1c.
Property size:
23 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
Ross Creek
2b.
Water Quality Classification of nearest receiving water:
Class B
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:
See Supplemental Information
3b.
List the total estimated acreage of all existing wetlands on the property: 0.17
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,104
3d. Explain the purpose of the proposed project:
See Supplemental Information
3e. Describe the overall project in detail, including the type of equipment to be used:
See Supplemental Information
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
X❑ Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Hunter Terrell
Agency/Consultant Company: Equinox Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps jurisdictional determination on June 8, 2015.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Z Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
See Supplemental Information
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
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):
❑X Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters Q 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
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 T
Excavation
Non -Tidal Freshwater Marsh
No
Corps
0.004
W2 P
Excavation
Non -Tidal Freshwater Marsh
No
Corps
0.05
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:
0.054
2h. Comments:
Temporary impacts from utilities installation. Permanent impacts to W2 resulting from pond construction.
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)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Ross Creek (S01)
PER
Corps
3
20
S2 P
Culvert
UT to Ross Creek (S01)
PER
Corps
3
22
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
133
3i. Comments:
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 individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
6. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Irrigation
0.05
0
0 0
0
0 0.06
P2
Choose one
5f. Total:
0.05
0
0 0
0
0 0.06
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑X No If yes, permit ID no:
5i. Expected pond surface area (acres):
0.11
5j. Size of pond watershed (acres):
35
5k. Method of construction:
See Supplemental Information
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
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
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Supplemental Information
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Standard sediment and erosion control measures, including silt fencing will be implemented during construction to minimize impacts to downstream
water quality. Additionally, work in S01 will be done in the dry or discharge diverted during in -stream construction. Excavation through W01 for utilities
would be done efficiently to minimize temporal impacts. Area would be re -seeded with appropriate seeding mix post -construction.
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
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
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
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
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
E] Yes EJ No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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
1 a.
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?
3
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The project is less than 24% impervious and the drainage areas within the project area are less than 24%.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Buncombe County
❑X 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 ❑X 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?
5.
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 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. 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
❑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
❑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.
The property owner has opted to develop a "mini -farm" on the property as opposed to a residential development. The current plan
is to develop it for
their personal use and not develop the property further.
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.
Utilities proposed facilitate the discharge of wastewater to the Metropolitan Sewerage District of Buncombe County.
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 near an area with federally protected species or
Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Data.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper v3.0- Accessed February 26, 2014 (http://www.habitat.noaa.gov/protection/efh/habitatmapper.htmi)
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 ❑X 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?
State Historic Preservation Office HPOWEB GIS Service- Accessed June 10, 2015 (http://gis.ncdcr.govlhpoweb�.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Floodplain Mapping Program GIS Data- Downloaded 12/2014
Hunter Digitally signed by Hunter Terrell
DN: cn= Terrell, Terrell, o=Equinox,
Hunter Terrell
ou,
Terrell email=hu nter0equinoxenvronmen
to c=us
08/29/2016
Date:te:2 2016.08.29 14:14:41 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

EQUINOX
�'bolonce through proper planning
The following application is being submitted on behalf of Mr. Carl Morrison for the subject property on
Honey Drive off Chunns Cove Road in Buncombe County, North Carolina. The proposed project will
facilitate the construction of two residential structures and two outbuildings. Included in this application
are the following:
• U.S. Army Corps of Engineers Pre -Construction Notification Form and Supplemental Information
• Conceptual Map of the Morrison Property
• USACE Jurisdictional Determination for the subject property (June 8, 2015)
Thank you for your time,
Hunter Terrell D -,
Aquatic Resource and GIS Specialist
N 0 1 0016
828.253.6856
37 Haywood Street, Suite 100 Asheville NC 28801 828.253.6856 www.equinoxenvironmentat.com

Supplemental Information
3a. The Morrison parcel consists of a approximately 23 acre tract, of which 16 acres are forested with
20-30% slopes, —0.5 acres have an existing house, and —4.7 acres of existing pasture with 5-10% slopes.
In February 2015, the site was cleared of brush, consisting of Japanese Honeysuckly (Lonicera japonica),
Chinese Privet (Ligustrum sinense), and Oriental Bittersweet (Celastrus orbiculatus). The southeast
corner of the parcel has been recently graded in preparation for installation/planting of a 600 tree apple
orchard and two green houses. A February 2015 Jurisdictional determination by the USACE identified a
total of 1,104 feet of intermittent and perennial stream as well as 0.17 acres of wetland.
3d. The purpose of the proposed actions is to facilitate the establishment of a "mini -farm" and
construction of two residential structures and two outbuildings (1 barn and 1 workshop). The proposed
construction consists of access roads for the structures, utility lines (gas, water, sewer, electric), a 4,900
square foot (0.11 acre) pond, and expanding pasture along the southwest corner of the project. Access
roads, and related culverts, and utility lines are necessary for the residential structures and outbuildings.
The pond would be constructed for purposes of irrigating the orchard and watering cattle.
3e. Access roads will be constructed using standard grading and excavation equipment (bulldozers, etc.)
to prepare the building site, access roads, and pond. Appropriate sediment control measures, such as
silt fencing, will be installed prior to construction activities.
Roads would be constructed of gravel/roadbond and will be approximately 16' wide. Culverts on S1
would be placed with a trackhoe and graded appropriately (See attached Culvert Detail). Pipes and
culverts will be installed per permit conditions so as to not restrict flow, maintain a similar slope of the
channel, and at a depth below the natural channel bed to aid passage during low flow conditions.
Construction would occur "in the dry". Although the channel is typically dry during spring and summer
months, during culvert installation pumps and cofferdams would be used to temporarily bypass the
culvert in order to minimize and avoid introducing fine sediment to the channel downstream of the
project. Culvert installation will occur in the following sequence:
1. Install temporary cofferdam upstream of culvert
2. Pump water around culvert construction area
3. Replace culvert
4. Remove pump and cofferdam
The pond would be constructed as outlined in the "Morrison Property Pond Plan" attached to this
document. The pond was sited at this location and not farther upstream in the ephemeral channel due
to excavation and building constraints. Water would be supplied by S2b and a well installed on the
northeast corner of the property to insure ample water supply for the orchard. The overflow would
discharge downstream of the dam near the property line, not exceeding the discharge of the feeder
stream (52b on Figure2. Overview Map).
Utility trenches will be excavated using a trackhoe and utility lines installed per code. Installation will
temporarily impact W01 while excavation and installation occurs. Upon completion, the utilities will be
buried and disturbed areas re -seeded with an appropriate wetland seed mix.

BSb. PCN was submitted in July 2015 requesting a NWP and 401 certification. Shortly thereafter,
application was withdrawn because of a NOV (NOV-2015-55-0009) against Mr. Morrison by NCDWQ
dated August 14, 2015. NOV was resolved May 25, 2016 (See Incident Closure below).
C.Sk. The pond dam would be constructed of earthen material as detailed in the attached Morrison
Property Pond Plan (See below). Discharge from the pond would be regulated through a 6 inch PVC
drain with a draw down valve downstream of the dam.
D.1a. Roads have been sited on the property to minimize disturbance to aquatic resources given the
proposed action. Using the existing culvert crossing was considered; however, to maintain continuity
between pastures, the road was sited along the property boundary. The road alignment was altered
from its original location, which crossed Stream S2b, to its current alignment in order to avoid impacts
to the stream. In order to maintain appropriate slope for a gravity -fed sewer, utilities had to be sited
along the current alignment. Mr. Morrison did, however, site the utilities so it avoided impacting stream
501. Regarding the pond, in order to minimize earthwork and due to topographic constraints, the pond
was sited in its current location, flooding W02.

SOL Regarding the pond, in order to minimize earthwork and due to topographic constraints, the pond
was sited in its current location, flooding W02. In order to maintain the minimum herd size (one bull
and two cows), 2 acres per head is needed. Piping 113 feet of S1 is necessary to maximize available
pasture in the lower sloped areas of the property.

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------------
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_
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Streams ' Field Determined 7/__�l Delineated Wetland
Morrison Parcel Conceptual Plan Ephemeral r~~-1JoEvaluation Area
Project Overview '''''- /m°""/^"m Parcel Boundary
County Pin No. VV*yyor*1n ----Perennial Culvert (Existing 1aoLength)
6/8/2O1S
---- Streams -um^n Proposed Sewer
| Proposed R°m"
Notes:
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20% of vertical rise
STREAMBED SIMULATION CROSS SECTION
EMBEOEO CULVERT DESIGN ALLOWS FOR WATER AND AQUATIC LIFE PASSAGE BOTH ABOVE AND BELOW
THE CULVERT
page 1 of 2

PAGE 2 OF 2
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1

WaterResources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
May 25, 2016
Carl Morrison
254 Pearson Drive
Asheville, NC 28801
Subject: Incident Closure
NOV-2015-SS-0009
Buncombe County
Dear Mr. Morrison:
The Division of Water Resources has received the status report via email on May 13, 2016,
related to the Notice of Violation NOV-2015-SS-0009.
The written response, stabilization efforts and planting work performed have satisfactorily
resolved the violations noted in the subject Notice of Violation.
Your attention and cooperation is greatly appreciated. Should you have any questions regarding
this matter or other water quality issues or concerns, please contact me at [phone] or
zan.price cr,ncdenr.aov.
Sincerely,
D.�
Zan Price
Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins — 401 and Buffer Permitting Unit
DWR ARO File Copy
G:\WR\WQ\Buncombe\401s\Non-DOT\Morrison Farnts\2015 NOV\CLO.NOV.2015-SS-0009 Morrison.docx
State of Norlb Carolina I Environmental Quality I Water Resources
2090 US Hwy 70 1 Swannanoa, North Carolina 28778
8282964500