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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)