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HomeMy WebLinkAbout20160511 Ver 2_More Info Received_20180410 (2)Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWR (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Hendersonville Publix 2b. County: Henderson 2c. Nearest municipality / town: Hendersonville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: See previous submittal 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Representative/VP 4b. Name: Jeffrey Chamberlain 4c. Business name (if applicable): Publix North Carolina, LP 4d. Street address: 3300 Publix Corporate Parkway 4e. City, state, zip: Lakeland, FL 33811 4f. Telephone no.: (863) 688-7407 4g. Fax no.: Johnson Drainage Ditch (Tributary to Mud Creek) 4h. Email address: jeff.chamberlain@publix.com 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates, Inc. 5c. Street address: 200 South Tryon Street, Suite 200 5d. City, state, zip: Charlotte, NC 28202 5e. Telephone no.: 704-409-1802 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@Kimley-Horn.com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See previous submittal 1b. Site coordinates (in decimal degrees): Latitude: 35.304473 Longitude: -82.458797 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 6.86 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project.- roject:2b. Johnson Drainage Ditch (Tributary to Mud Creek) 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: French Broad (HUC 06010105) Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 project area is located at the intersection of White Street and Greenville Highway (Hwy 25) in the southwest quadrant in the City of Hendersonville, Henderson County, North Carolina. Existing land use in the vicinity of the project includes mostly commercial properties. 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: —520 If of Mud Creek and 380 If of Johnson Drainage Ditch 3d. Explain the purpose of the proposed project: The purpose of the project is to construct a commercial shopping center with associated parking lots and offsite roadway improvements necessary to service the facility. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project seeks to construct a ± 50,000 SF Publix Grocery anchor with two 9,600 SF of additional retail adjacent to Greenville Highway. The site plan will also include a new parking lot and two outparcels to be developed in the future. Offsite roadway improvements are necessary in order to service the new shopping center including widening for additional turn lanes, driveways and sidewalks. In order for a driveway to be constructed for the development at the corner of NC 225 (Greenville Hwy) and White Street, a left turn lane will be required to be installed on Greenville Hwy at the proposed entrance to the development. The addition of this required left turn lane necessitates an extension of the existing 6 -foot by 8 -foot box culvert underneath the Greenville Hwy. Additionally, sidewalk is required by the City of Hendersonville along the road frontage, including the area above the proposed culvert extension. In order to place the sidewalk along the roadway, NCDOT is requiring an addition of 30" curb & gutter for the safety of the pedestrians and the addition of guardrail to protect vehicles from the unrecoverable slope and water hazard within the clear recovery zone of the roadway and the headwall of the culvert. The proposed culvert alignment will maintain the natural stream channel in order to decrease erosion on the outer bank of the downstream side. The proposed project seeks to extend the existing concrete box culvert by 15 linear feet on the upstream side of the culvert and 42 linear feet on the downstream side, including 20 linear feet of rip -rap dissipation. The culvert extensions are necessary in order to facilitate roadway widening for the required left turn lane and associated sidewalk, guardrail and curb and gutter. The culvert extension will require 40 linear feet of temporary construction impacts necessary to install impervious dikes, stone rings, and a pumped bypass to allow work in dry conditions. The project will result in permanent impact to 57 linear feet of stream and 40 linear feet of temporary stream impacts from the culvert extension. The proposed project will result in a net loss of 57 linear feet of waters of the US. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes E] No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2016-01036; August 9, 2016 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact number — Type of Permanent (P) or Type of impact Type of Forested jurisdiction Area of Temporary (T) wetland (Corps - 404, impact (if known) 10 (acres) DWQ — non - 404, other W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact number - Type of impact Stream name Perennial Type of Average Impact Permanent (P) or (PER) or jurisdiction stream length Temporary (T) intermittent (Corps - width (linear (INT)? 404, 10 (feet) feet) DWQ — non -404, other) S1 - Impact 1 Culvert Extension Johnson ® PER ® Corps 8 15 ® P E] T Drainage Ditch ❑ INT ® DWQ S1 — Impact 2 Construction activities Johnson ® PER ® Corps 8 20 ❑ P ®T Drainage Ditch ❑ INT ® DWQ S1 - Impact 3 Culvert Extension and riprap Johnson ® PER ® Corps 8 42 ® P ❑ T apron Drainage Ditch ❑ INT ® DWQ S1 - Impact 4 Construction activities Johnson ® PER ® Corps 8 20 El ® T Drainage Ditch ❑ INT ® DWQ 3h. Total stream and tributary impacts 97 3i. Comments: The proposed project will result in a net loss of 57 linear feet of waters of the US. 40 linear feet of temporary impacts are necessary in order to install measures to allow for work in dry conditions. Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K 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. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P❑T F-1 Yes ❑ No B2 ❑P❑T F-1 Yes ❑ No B3 ❑P❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project will utilize particular care to culvert orientation and skew to minimize potential impacts to the stream bed. The project will construct a custom built headwall and install handrails in order to maximize slope and minimize additional stream impacts. The sidewalk was designed to the minimum width required to minimize impacts to the stream channel during and post -construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The side -slopes are at a maximum of 2:1 to minimize stream impacts. Handrails and a headwall will be constructed to maximize side -slopes. Temporary construction impacts will be limited to the installation of stone rings, impervious dike and pumped diversion and all disturbed areas will be restored and/or stabilized when construction is complete. 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 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 ❑ 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 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: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 68.1% 2b. Does this project require a Stormwater Management Plan? ® 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: Water quality treatment for the South Market Village development by means of permanent Best Management Practices (BMP's) will be provided using two proposed underground detention and water quality systems. The underground detention systems are designed to treat the 1 -year, 1 -hour storm event runoff or the difference between the pre- and post -condition runoff from the 1 -year, 24-hour storm event per the Hendersonville City Code and will draw down over a period of two to five days. The under detention systems have been designed to provide a minimum 85% average annual removal of Total Suspended Solids TSS requirements. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Hendersonville ® Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ® Yes ❑ No attached? The Stormwater Management Plan is currently under review. The approval will be provided to the NCDWR project manager once received from the City. 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 attached? ❑ Yes ❑ No 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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)? 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 letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The culvert extensions are to address channel side slope stability and will not cause any additional impacts. 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. Sewage disposal will be handled by existing infrastructure Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ No impacts? A copy of this application will be provided to USFWS-Asheville El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Program; Pedestrian survey performed by Kimley Horn staff on September 12, 2014. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? North Carolina Natural Heritage Program 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina State Historic Preservation Office HPOWEB GIS Service accessed 5/5/2016 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project will not result in an increase in flood elevation. 8c. What source(s) did you use to make the floodplain determination? FEMA Map Number 3700956800J (Effective Date October 2, 2008) Chris Tinklenberg, PWS 03/29/2018 Date Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version