HomeMy WebLinkAbout20200110 Ver 1_PCN Form Submission_20200117DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20200110 1
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office *
Select Project Reviewer*
Asheville Regional Office - (828) 296-4500
Andrew Moore:eads\awmoore3
Information for Initial Review
1a. Name of project:
Greenwood Park Subdivision
1a. Who is the Primary Contact?*
Amit Dorf
1b. Primary Contact Email:*
billdorf@gmail.com
Date Submitted
1/17/2020
Nearest Body of Water
Ream's Creek
Basin
French Broad
Water Classification
C;Tr
Site Coordinates
Latitude:
35.69627
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this project a public transportation project?*
r Yes r No
Longitude:
-82.53852
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
1c. Primary Contact Phone:*
(828)319-8286
V
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular F 401 Water Quality Certification - E)iress
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. lathe project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Greenwood Park LLC
2b. Deed book and page no.:
4752/0623,4752/0626
2c. Responsible party:
Amit Dorf
2d.Address
Street Address
88 Union Chapel Road
Address Line 2
City
Weaverville
Postal / Zip Code
28787
2e. Telephone Number:
(828)319-8286
2g. Email Address:*
billdorf@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:
R. Daniel Hyatt
State / Province / Region
NC
Country
United States
2f. Fax Number:
4b. Business Name:
Wade Trim
4c.Address
Street Address
53 North Market Street
Address tine 2
Suite 200
City
Asheville
Postal / Zip Code
28801
4d. Telephone Number:
(282)255-1197
4f. Email Address:*
Rhyatt@v,udetrim.com
Agent Authorization Letter*
Agent Authorization Form.pdf
State / Province / I3gion
NC
Country
United States
4e. Fax Number:
606.94KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(d appropriate)
Greenwood Park
1c. Nearest municipality/ town:
Weaverville
F-
2. Project Identification
2a. Property Identification Number:
9742-62-9949,9752-07-2714
2c. Project Address
Street Address
Union Chapel Road
Address tine 2
City
Weaverville
Postal / Zip Code
28787
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Reem's Creek
3b. Water Resources Classification of nearest receiving water:*
C;Tr
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050903
4. Project Description and History
2b. Property size:
11.41, 29.70
State / Province / Fa;gion
NC
Country
United States of America
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
General Land uses in the area surrounding the site are single family homes and forests. The epsting conditions on the site are forested with some meadow.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS topo map.pdf 274.8KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils map Letter Size.pdf 814.73KB
4f. List the total estimated acreage of all existing wetlands on the property:
4.73
4g. List the total estimated linear feet of all existing streams on the property:
2390
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide single family residences to a popular location in western North Carolina.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Installation of a culvert to access proposed homes.
Install a sanitary sewer line per Metropolitan Sewer District of Buncombe County under stream standards.
4j. Please upload project drawings for the proposed project.
Greenvuod Park Subdivision Site Development and Preliminary Plat.pdf 30.14MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
2019-01548
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clear Water
Other:
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
11-06-2019
Sd1. Jurisdictional determination upload
2019-01548_PJD_file.pdf 734.25KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
7b. If yes, explain.
Please See attached Plans.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands W Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
F Buffers
a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area*
_11
f� Sanitary Sewer JT Headwater Forest W-6 Yes Both 0.065
(acres)
2g. Total Temporary Wetland Impact
0.065
2g. Total Wetland Impact
0.065
2h. Comments:
2g. Total Permanent Wetland Impact
0.000
U
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact
(?) Jurisdiction* length*
S1
Sanitary Sewer Crossing
Temporary
Excavation J.-i
Perennial
Both
3
Averdge (feet)
20
(liriearfeet)
82
Roadway Crossing
Permanent
Culvert
S-1
Perennial
Both
2Aver�e(fee)
7(0 �rfeet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
70
31. Total stream and ditch impacts:
90
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoid to extent possible disrupting existing banks and stream bed. Install Sanitary sewer main perpendicular to existing stream channel.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Installations will take place in the dry utilizing by pass pumping to maintain streamflow down steam. Installations will take place a quickly as possible to
minimize impacts.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project is below thrush holds to trigger mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) v
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Low impact development
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes IT No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
IT Yes r No
Comments:
i G. Supplementary Information u
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes f• No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Utilizing 15A NCAC 02H .1003(2) the development will have minimal effects on downsteam water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Waste water will be conveyed and treated by Metropolitan Sewage District of Buncombe County (MSD). 40 million gallon per day
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r Yes r No r Unknown
Se. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes f• No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Asheville field office and online resources.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes f• No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
National register of historic places
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes
r. No
8c. What source(s) did you use to make the floodplain determination?*
Steam is not currently mapped on FEMA maps
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
® By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Robert Daniel Hyatt
Signature
, 5 P 0 Wy.,z
Date
1/17/2020
U
U
Agent Authorization Form
PARCEL ID’s: 9742-96-9949, 9752-07-2714_____________
STREET ADDRESS: Union Chapel Road Weaverville, NC 28787_________________
PROPERTY OWNER: Greenwood Park LLC_________________________
The undersigned, registered property owner of the above noted property, do hereby authorize
R. Daniel Hyatt _____________, of Wade Trim Inc.____________
To act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification.
Property Owner’s Address:
88 Union Chapel Road Weaverville, NC 28787
Telephone: 828-319-8286
I hereby certify the above information submitted in this application is true and accurate to the
best of my knowledge
___________________________________________(Authorized Signature)
Date:________________________
Sanitary Sewer Crossing
Road Crossing
Custom Soil Resource Report
M Soil Map N
lV
M M
N N
W W
360500 360600 360700 360800 360900 361000 361100 361200
35° 42' ?'N I I I -- - a.,.w -1- 1 35° 42' 7" N
M
8
M
V_
_M
N_
35° 41' 33" N
360500 360600 360700 360800 360" 361000
3
N Map Scale: 1:5,170 if printed on A portrait (8.5" x 11") sheet
Meters
N 0 50 100 200 300
Feet
0 250 500 1000 1500
Map projection: Web Mercator Comer coordinates: WC-SM Edge tics: UTM Zone 17N WCS84
9
361100
ih
M
8
M
V_
t�
N_
(h
8
_O
35° 41' 33" N
361200
3
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2019-01548 County: Buncombe U.S.G.S. Quad: NC- Weaverville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Greenwood Park, LLC
Amit Dorf
Address: 88 Union Chapel Road
Weaverville, NC 28787
Telephone Number: 828-712-5566
E-mail: billdorf@gmail.com
Size (acres) 46.1 Nearest Town Weaverville
Nearest Waterway Reems Creek River Basin French Broad-Holston
USGS HUC 06010105 Coordinates Latitude: 35.6973
Longitude: -82.5372
Location description: The site is located at 26 Al Dorf Drive, in Weaverville, NC
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/2/2019 (Figure 5).
Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be
affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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.
There are waters, including wetlandson the above described project area/property 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.
We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
2019-01548
The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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.
There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or
amanda.jones@usace.army.mil.
C. Basis for Determination: See the preliminary jurisdictional determination form dated 11/06/2019.
D. Remarks: None.
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.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
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 by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date of JD: 11/06/2019 Expiration Date of JD: Not applicable
FUEMMELER.AMAND
A.JONES.1242835090
Digitally signed by
FUEMMELER.AMANDA.JONES.124
2835090
Date: 2019.11.06 08:12:25 -05'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Greenwood Park, LLC, Amit Dorf File Number: 2019-01548 Date: 11/06/2019
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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 II 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
x 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.
x 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 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.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
x 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.
x 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Amanda Jones
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
Copies Furnished:
ClearWater Environmental Consultants, Attn: Alea Tuttle (via email)
^_
^_
Potential Wetland Waters of the USW1- 0.037 AC
Potential Wetland Waters of the USW2- 0.050 AC
Potential Wetland Waters of the USW3- 0.024 AC
Potential Wetland Waters of the USW4- 0.002 AC
Potential Wetland Waters of the USW5- 0.010 AC
Potential Wetland Waters of the USW6- 0.004 AC
Potential Wetland Waters of the USW7 0.003 AC
Potential Wetland Waters of the USW8- 0.004 AC
Potential Wetland Waters of the USW9- 0.008 AC
Potential Wetland Waters of the USW10- 0.015 AC
Potential Wetland Waters of the USW11 - 0.008 AC
Potential Wetland Waters of the USW12- 0.042 AC
Potential Non-Wetland Waters of the USS1- 2,679 LF
Potential Non-Wetland Waters of the USS2- 283 LF
Potential Non-Wetland Waters of the USS3 - 424 LF
Greenwood Park (+/- 46.1 AC)
Ü
0 250 500125
Feet
Legend
Project Boundary
Wetland Waters of the US
Non-Wetland Waters of the US
Existing Culvert
Contours 4 ft
^_Data Form
32 Clayton StreetAsheville, North Carolina 28801
Delineation MapSite Delineated August 2, 2019Figure 5
Buncombe County,North Carolina
Drawn by: AKT 8/14/2019; CEC Project# 1061
Jurisdictional wetlands and waters identified on this map have been located within sub-meter accuracy utilizing a Trimble mapping grade Global PositioningSystem (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover,and/or multipath signal error.
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed.Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency thatcan make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to changeuntil written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginningany site work, or making any legal reliance on this determination.
This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and shouldnot be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an officialsurvey of any data depicted.
Source Data: Buncombe County Topography and Parcel Boundary
Name Area (AC) Name Length (LF)W1 0.037 S1 2679W2 0.050 S2 283W3 0.024 S3 424W4 0.002W5 0.010W6 0.004W7 0.003W8 0.004W9 0.008W10 0.015W11 0.008W12 0.042Total 0.205 Total 3385
Potentially Jurisdictional Waters of the USWetland Waters Non-Wetland Waters
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/06/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Greenwood Park, LLC, Amit Dorf, 88 Union
Chapel Road, Weaverville, NC 28787
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 2019-01548
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located at 26 Al Dorf Drive, in
Weaverville, NC
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Buncombe City: Weaverville
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.6973 Longitude: -82.5372
Universal Transverse Mercator:
Name of nearest waterbody: Reems Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: 11/06/19
Field Determination. Date(s):
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non-reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 5 – Delineation Map
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report. Rationale:
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Weaverville / 24k
Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
National wetlands inventory map(s). Cite name:
State/local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): 2018 ESRI Digital Globe Imager
or Other (Name & Date): Site photos – 8/02/19
Previous determination(s). File no. and date of response letter:
Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
11/06/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
FUEMMELER.AM
ANDA.JONES.12
42835090
Digitally signed by
FUEMMELER.AMANDA.JONE
S.1242835090
Date: 2019.11.06 08:13:40
-05'00'
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE” SUBJECT TO
REGULATORY JURISDICTION
Site number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Type of aquatic
resource (i.e.,
wetland vs. non‐
wetland waters)
Geographic authority
to which the aquatic
resource “may be”
subject (i.e., Section
404 or Section 10/404)
W1 35.6993 ‐82.5369 0.037 AC Wetland 404
W2 35.6984 ‐82.5355 0.050 AC Wetland 404
W3 35.6984 ‐82.5359 0.024 AC Wetland 404
W4 35.6983 ‐82.5361 0.002 AC Wetland 404
W5 35.6982 ‐82.5362 0.010 AC Wetland 404
W6 35.6984 ‐82.5363 0.004 AC Wetland 404
W7 35.6977 ‐82.537 0.003 AC Wetland 404
W8 35.6973 ‐82.5368 0.004 AC Wetland 404
W9 35.6964 ‐82.538 0.008 AC Wetland 404
W10 35.6962 ‐82.5389 0.015 AC Wetland 404
W11 35.6952 ‐82.5392 0.008 AC Wetland 404
W12 35.6942 ‐82.5375 0.042 AC Wetland 404
S1 35.6947 ‐82.5395 2679 LF Non‐Wetland 404
S2 35.6983 ‐82.536 283 LF Non‐Wetland 404
S3 35.6942 ‐82.5383 424 LF Non‐Wetland 404
Estimated amount of
aquatic resource in
review area (acreage
and linear feet, if
applicable)