HomeMy WebLinkAbout20140923 Ver 1_401 Application_20140814Lear a. L6r 20140923
C1earWater Environmental Consultants, Inc.
August 25, 2014 www.cwenv.com
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC DWR 401 & Buffer Permitting Unit
512 N. Salisbury Street, 90' Floor
Raleigh, North Carolina 27604
RE: Davidson River Village, LLC
Road ROW
Transylvania County, North Carolina
Mr. Brown and Ms. Higgins,
The attached Pre - Construction Notification (PCN) is being submitted on behalf of Davidson
River Village, LLC represented by Mr. Michael Singer. Davidson River Village is seeking
permit authorization for impacts associated with the development of a roadway which would
connect Highway 64 (Hendersonville Highway) with Highway 64/276 (Asheville Highway). The
roadway would be constructed to NCDOT standards and support future commercial development
at the project site. The roadway is a part of a larger master planned development. The proposed
project would intersect Ecusta Road in Brevard, Transylvania County, North Carolina.
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828 - 698 -9800. A copy of this package has
been sent to Mr. Doug Besler of the NC Wildlife Resources Commission and Mr. Bryan
Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also
been submitted to the NC Division of Water Resources, Asheville Regional Office.
Respectfully,
Rebekah L. Newton
Project Biologist
Ls
AUG 9, "1 20i7 111
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R. Clement Riddle, P.W.S
Principal
Copy Furnished: LW06 ` ? r E anch J
NC Division of Water Resources; Asheville Regional Office — Tim Fox
NC Wildlife Resources Commission — Doug Besler
US Fish and Wildlife Service — Bryan Tompkins
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Davidson River Village, LLC.
2. Name of Property Owner /Applicant: Davidson River Village LLC, c/o Renova
Partners LLC.; Attn: Michael Singer
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): 2008 -1792 and 2014 -01120
5. Site Address: Ecusta Road
6. Subdivision Name: N/A
7. City: Pisgah Forest
8. County: Transylvania
9. Lat: 35.267892N Long: -82.708721W (Decimal Degrees Please)
10. Quadrangle Name: Pisgah Forest
11. Waterway: Davidson River
12. Watershed: French Broad 06010105
13. Requested Action:
x Nationwide Permit #39, 18, and 13
_ General Permit #
Jurisdictional Determination Request
Pre- Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
Department of the Army NCDENR
Wilmington District, Corps of Engineers NC DWR, Webscape Unit
Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604
I, the current landowner /managing partner of the property identified below, hereby
authorize Cleat-Water Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of jurisdictional determination requests and permits to impact
Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the
Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USACE
or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of
Engineers to enter upon the property herein described for the purposes of conducting on-
site investigations and issuing a determination associated with Wetlands and Waters of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or
Section 10 of the Rivers and Harbors Act of 1899.
Property Owner of Record: V00iDso.4 WJ6tt 11t""ir , "4-
Property Owner of Address: 4 o w g1,NvT &T A*&'r + s o I TW 2 a t
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Phone Number: -let. 'i S t• 6101
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Property Location: US N)6WJ%Y (vq &6o - p rboe.c
Owner/Managing Partner
Printed Name:
Owner/Managing Partner Signature: •���
Date:
224 South Grove Street, Suite F
Hendersonville, NC 28792
Phone: 828 - 698 -9800
www.cwenv.com
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PCN Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39/18/13 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ® No
1d. Type(s) of approval sought from the DWQ (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 DWQ 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 1h
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:
Davidson River Village Roadway Project
2b. County:
Transylvania
2c. Nearest municipality / town:
Brevard
2d. Subdivision name:
n/a �7-1
p
2e. NCDOT only, T.I.P. or state
project no:
n/a
3
3. Owner Information - ATtR QUAL h,
& Starm4
3a. Name(s) on Recorded Deed:
Davidson River Village, LLC (c /o Renova Partners) —
3b. Deed Book and Page No.
444/521, 666/164, 671/591, 453/140
3c. Responsible Party (for LLC if
applicable):
Mr. Michael Singer
3d. Street address:
40 Walnut Street, Suite 301
3e. City, state, zip:
Wellesley, Massachusetts 02481
3f. Telephone no.:
781- 431 -8101
3g. Fax no.:
n/a
3h. Email address:
n/a
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:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
ClearWater Environmental Consultants, Inc.
5c. Street address:
224 South Grove Street, Suite F
5d. City, state, zip:
Hendersonville, North Carolina 28792
5e. Telephone no.:
828 -698 -9800
5f. Fax no.:
n/a
5g. Email address:
rebekah @cwenv.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
1c. Property size:
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
8597 -52 -6973, 8597 -53 -8878, 8597 -42 -7854, 8597 -32-
8849, 8597 -33 -1166
Latitude: 35.267892 Longitude: - - 82.708721
(DD.DDDDDD) (- DD.DDDDDD)
+/- 21 acres (roadway); +/- 530 acres (entire site)
Davidson River
Davidson (upstream of intake) — WS -V, B, Tr
Davidson (downstream of intake) - B
French Broad
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 proposed project site is the location of the former Ecusta Mill. The mill has been demolished and removed. Only a
few buildings remain (guard house, pump station, treatment plant, bams, etc.). The site also contains industrial landfills
that were once a part of the mill. The property is highly disturbed and wooded areas are generally limited to stream
buffers and the floodplain adjacent to the French Broad River. Land use in the vicinity is residential and commercial.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 4.2 acres of wetland are present on the entire site.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 27,159 linear feet of stream are present on the entire site.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a roadway connecting Highway 64 (Hendersonville Highway) with
Highway 64/276 (Asheville Highway). The roadway will be constructed to NCDOT standards and support future
commercial development at the project site. The roadway is a part of a larger master planned development (Attachment
A); however, development plans have not been finalized.
3e. Describe the overall project in detail, including the type of equipment to be used:
The roadway project includes construction of two bridges over the Davidson River, bank stabilization associated with
bridge abutments, one culverted road crossing, and one area of stream fill. Typical construction and earth - moving
equipment will be utilized on site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ❑ Preliminary ® Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Rebekah Newton and Kevin Mitchell
Agency /Consultant Company: ClearWater Environmental
Consultants
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Notification of Jurisdictional Determination (JD) was issued for the site by Ms. Amanda Jones on July 9, 2008 (Action ID
2008 - 1792). The JD was reverified by Mr. David Brown on August 18, 2014 (Action ID 2014 -01120). A separate JD was
issued for the proposed roadway by Mr. David Brown on August 18, 2014 (Action ID 2008 - 1792). All previous JDs are
included in Attachment B.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
®Yes El No El Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A "No Permit Required" letter was issued to the property owner on December 15, 2008 (Attachment C) under Action ID
2008 -1792. The site is a designated Brownfields site and was undergoing clean -up supervised by the EPA under the
Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). Activities undertaken entirely on a
CERCLA site by authority of CERCLA as approved or required by the EPA, are not required to obtain permits under
Section 404 of the Clean Water Act. Approximately 0.065 acre of linear wetland was filled associated with the clean -up.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The proposed roadway is the first phase of the proposed Davidson River Village project. The roadway will be constructed
to NCDOT standards and support future commercial development at the project site. The roadway is a part of a larger
master planned development (Attachment A); however, development plans have not been finalized.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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
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
Type of jurisdiction
number –
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ – non -404, other)
(acres)
—Temporary T
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 FIT
❑ 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
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) ) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ – non404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Culvert
UT Davidson
® PER
® Corps
3
246
River
❑ INT
® DWQ
S2 ®P ❑ T
Stream Fill
UT Davidson
® PER
® Corps
3
36
River
❑ INT
® DWQ
S3 ® P ❑ T
Bank Stabilization
Davidson River
® PER
❑ INT
® Corps
® DWQ
20
145
S4 ® P ❑ T
Bank Stabilization
Davidson River
® PER
❑ INT
® Corps
® DWQ
20
135
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
562
N. Comments: Impacts include 282 linear feet for culverts and stream fill; and 280 linear feet for bank stabilization.
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 ❑PEI
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.
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ 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)
Tem ora T
impact
required?
B1 ❑P ❑T
E3 Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El 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 roadway will utilize two bridges which will minimize and avoid impacts to the Davidson River. The newly proposed
bridges will be completely spanning structures that do not require bents or other supports in the river. Existing bridge bents in
the Davidson River will be removed or made flush with the stream bottom. The proposed culvert will be the minimum length
necessary to provide for the road crossing.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed road crossings will be constructed from high - ground. Bridges can be constructed without machinery crossing
the river.
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
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete'if Using a Mitigation Bank
3a. Name of Mitigation Bank: To be determined.
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments: The applicant is pursuing 282 linear feet of mitigation credit from a Mitigation Bank. An acceptance letter will
be forwarded to the Corps and DWR once it is received.
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:
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
within one of the NC Riparian Buffer Protection Rules?
El Yes No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
❑ Yes El No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
19 % (approx. for entire site at full
build -out)
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:
The City of Brevard approved general language regarding the future Stormwater Management Plan in the Master Plan
approval. The City will require the applicant to submit detailed Stormwater Management Plans associated with each
phase of the development project for review and approval.
2e. Who will be responsible for the review of the Stormwater Management Plan?
® Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Brevard
❑ Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
® Other: Locally imposed rules.
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Pro ram Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
El HQW
❑ 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
S. 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 213 .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 project as a whole, roadway and development, would not result in additional development which could impact nearby
downstream water quality. The project as a whole represents the redevelopment of a Brown Fields site. All work conducted
at the site has improved environmental quality of the site. Any goods and services required can be obtained from the nearby
towns of Brevard, Hendersonville, and Asheville.
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.
Wastewater will not be generated as a part of the roadway project. Wastewater generate by the future development
project will be treated by the local municipal facility in Brevard.
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?
❑ 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?
FWS County data and the Natural Heritage Program Element Occurrence data.
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?
South Atlantic Habitat and Ecosystem [MS. Impact will not occur in a marine system.
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?
A background study and archaeological reconnaissance was completed by TRC. There findings indicate eight sites
previously recorded within the project boundaries. Three sites are in locations that have been heavily modified since originally
recorded in the 1960s and three other sites have been recommended not eligible to the NRHP. The remaining two sites have
been recommended potentially eligible to the NRHP; however, these sites are not within the proposed roadway corridor.
TRC's re ort'is included for review Attachment D).
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: Proposed activities will comply with FEMA- approved state or local
floodplain management requirements.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program — Digital Flood
Insurance Rate Map (DFIRM) panel 3700859700J (effective 10/02/09).
,/2
Applicant/ Agent's Signature
Applicant/Agent's Printed Name
Date
(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
Davidson River Village, LLC -Road ROW ( +/- 21 AC)
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Dawn by: P+N 08.11.14; CEC Project# 552
Transylvania County,
North Carolina
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EXISTING
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DAVIDSON RIVER VILLAGE - ' —
PROPOSED 72" RCP
SQUARE EDGE ENTRANCE
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STA: 16 +73.81
– – IKE LANE
if
20 MEDIAN
PROPOSED
EDGE
PROPOSED ENDWALL OF
PAVEMENT
IMPACT 1 - PLAN VIEW
N.T.S.
PROPOSED HW
PROPOSED PROPOSED (NCDOT STD. 838.39)
ROADWAY 72 "RCP �-
GRADE
(2.07.)
12" OF STREAMOED MATERIAL \_ PROPOSED
INVERT
CROSS SECTION VIEW
N.T.S.
PROPOSED
HEADWALL
CDOT STD.
838.39) 14.0' 20' 14.0'
SHOULDER
28' MEDIAN SHOULDE
28'
TRAVEL LANES TRAVEL LANES EXISTING
GRADE
2.� .02 FT 0.02 FT FT 0.02 FT /FT P.02 FT
PROPOSED ENDWALL /
(NCDOT STD. 838.39)
PROPOSED 233 LF
72" RCP ® 2.067. ROAD CROSS SECTION
(246 LF OF STREAM PRELIMINARY
IMPACTS) —//
N.T.S. NOT FOR CONSTRUCTION
WGLA Engineering, PLLC
CONSULTING ENGINEERS & LAND FIGURE 3.0
PLANNERS DAVIDSON RIVER VILLAGE 1
STREAM IMPACT
NC License No: P -1342 TRANSYLVANIA COUNTY, #
214 N. King Street
Hendersonville, NC 28792 NORTH CAROLINA Date: 8 Job #13104 14 14
(828) 687 -7177 8/14/14
wgla.com Scal e:N. T. S.
EXISTING
CHANNEL
PROPOSED BRIDGE
FOUNDATION WALL US 64 150' R/W i
' I
PROPOSED ROADWAY BRIDGES _ _
(SEE FIGURE 3.3 FOR RIVER BANK EXISTING SECONDARY j
STABILIZATION IMPACT) ` I STREAM
DAVIDSON RIVER VILLAGE
PROPOSED 120' R/W
5.5'
PROPOSED
STORM
DRAINAGE
(TYPICAL)
32'-
TRAVEL LANES
0.02 FT /FT
I
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PROPOSED STREAM EXISTING 24 CMP OF
FILL (36 PROPOSED JUNCTION
STREAM IMPACTS) BOX TO INTERCEPT
EXISTING 24" CMP
IMPACT 2 - PLAN VIEW
N.T.S.
PROPOSED
GUARDRAIL
—32'—
TRAVEL LANES
0.02
5.5'
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PROPOSED SECONDARY
STREAM FILL
EXISTING GRADE
PROPOSED BRIDGE
FOUNDATION WALL
IMPACT 2 - CROSS SECTION VIEW
N.T.S.
PRELIMINARY
NOT FOR CONSTRUCTION
WGLA Engineering, PLLC
CONSULTING ENGINEERS & LAND FIGURE 3.1
PLANNERS DAVIDSON RIVER VILLAGE STREAM IMPACT
NC License S treet P -1342 TRANSYLVANIA COUNTY, #2
twa 4�, 214 N. King S � 3104
Hendersonville, NC 28792 NORTH CAROLINA Job Date #8/19/14
(828) 687 -7177
wglo.com Scale:N. T. S.
PROPOSED FLOODPLAIN
BENCHES
DAVIDSON RIVER
EXISTING BRIDGE
DAVIDSON RIVER VILLA
PROPOSED 120' R/W
PROPOSED ROADWAY BRIDGE
(C /L STA. 3609.25 TO STA.
3736.75)
�t
1
PROPOSED 145 LF
OF CLASS II RIP
RAP
PROPOSED
STORM
DRAINAGE
(TYPICAL)
EXISTING TOP OF
CHANNEL BANK
IMPACT 3 - PLAN VIEW
N.T.S.
BEGIN BRIDGE STA.
3609.25
PROPOSED LOW CHORD —
(PROPOSED ROADWAY
GRADE (1.0%)
CLASS II RIP RAP (TYP)
1.5:1 SLOPE TO CAP
\— EXISTING GRADE
END BRIDGE STA. 3736.75
EXISTING BRIDGE
PROPOSED FLOODPLAIN BENCHES
IMPACT 3 - CROSS SECTION VIEW PRELIMINARY
N.T.S. NOT FOR CONSTRUCTION
WGLA Engineering, PLLC FIGURE 3.2
CONSULTING ENGINEERS & LAND RIVER BANK
PLANNERS DAVIDSON RIVER VILLAGE STABILIZATION— IMPACT 3
NC License No: P -1342 TRANSYLVANIA COUNTY,
214 N. King Street Job #13104
om Hendersonville, NC 28792 NORTH CAROLINA Date: 8/21/14
r (828) 687 -7177
wglo.com Scale:N.T.S.
DAVIDSON RIVER
(ORIGINAL
CHANNEL) t
PROPOSED ROADWAY BRIDGE
(C /L STA. 5036 TO STA. 5126)
DAVIDSON RIVER VILLA
PROPOSED 120' R/W -
PROPOSED '
STORM J
DRAINAGE
(TYPICAL)
EXISTING TOP OF CHANNEL
BANK IMPACT 4 -
PROPOSED R
GRADE
N.T.S.
BEGIN BRIDGE STA.
rinla
US 64 150' R/W
i PROPOSED 135 LF
i OF CLASS II RIP
RAP
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( I
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EXISTING 24" CMP
PLAN VIEW
IMPACT 4 - CROSS SECTION VIEW
N.T.S.
BRIDGE STA. 5126
,TING GRADE
PRELIMINARY
NOT FOR CONSTRUCTION
WGLA Engineering, PLLC FIGURE 3.3
CONSULTING ENGINEERS & LAND RIVER BANK
PLANNERS DAVIDSON RIVER VILLAGE STABILIZATION— IMPACT 4
NC License No: P -1342 TRANSYLVANIA COUNTY,
. 214 King Street Job #13104
bj�_r
Hendersonville, NC 28792 NORTH CAROLINA Date: 8/22/14
(828) 687 -7177
wgla.com Scale:N. T. S.
Davidson River Village, LLC -Road ROW ( +/- 21 AC)
Davidson River Village, LLC -Road ROW (+/- 21 AC)
Attachment A
Conceptual Master Plan
(dated 2009)
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Attachment B
Notification of Jurisdictional Determinations
Entire Site - July 9, 2008 (Action ID 2008-1792)
Roadway - August 18, 2014 (Action ID 2014-01120)
Entire Site - August 18, 2014 (Action ID 2008-1792)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2008-01792 County: Transylvania U.S.G.S. Quad: Pisgah Forest and Brevard
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Davidson River Village, LLC / Attn.: Michael Singer
Address: 40 Walnut Street, -Suite 301
Wellesley, MA 02481
Telephone Number: 781-431-8101
Size (acres): 530.14 Nearest Town: Brevard
Nearest Waterway: UTs to Davidson River, Trash Creek,
Davidson River, & French Broad River
River Basin/ HUC: Upper French Broad (06010105) Coordinates: 35.264477 N. 82.703722 W
Location description: The site is located on a tract of land (PINS 8597-32-8849, 8597-42-7854, 8597-51-5.302, 8596-8
6077.8597-52-6973, and 8597-53-8878) known as the former Ecusta Mill properties and/or Davidson River Village off
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based, on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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.
B. Approved Determination
X There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified
by the Corps. 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 of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 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 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 to determine their requirements.
Placement, of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 323 or
david.w.brown@usace.army.mil.
C. Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation AIunual and the
Regional Supplement to the Cops of Engineers 117edands Delineation Alanual: Eastern AIountain and Piedmont
Region, Version 2. These wetlands are abutting to stream channels located on the property that exhibit indicators of
ordinary high water marks and have perennial flow. The stream channels on the property are unnamed tributaries
(UTs) to the Davidson River, all are relatively permanent waters (RPW), Trash Creek (RPW), the Davidson River
(RPW) and the French Broad River (a traditional navigable water). The UTs to the Davidson River flow into the
Davidson River, then the Davidson River and Trash Creek flow into the French Broad River, a designated Section 10
water downstream of Wilson Road Bridge in Brevard, North Carolina. The French Broad River merges with the
Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi
River before entering the Gulf of Mexico.
Remarks:
An approved jurisdictional determination for this property (excluding 12.99 acre tract, PIN 8597-32-8849) was issued
by the Corps on July 9, 2008 under this Action ID and expired on July 9, 2013. The waters of the U.S., at this site,
were verified on-site by the Corps on July 31, 2014 and are as approximately depicted on the attached Stream and
Wetland Delineation Map (updated July 17, 2014) submitted by ClearWater Environmental Consultants, Inc.
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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
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 October 17, 2014.
**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 Offici t ��
David Brown
Issue Date of JD: August 18, 2014 Expiration Date: Five year's from Issue Date
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue'to do so, please complete our Customer Satisfaction Survey, located online at
littp:Hrey-u latorN,. usacesurvey.com/.
Copy furnished:
ClearWater Environmental Consultants, Inc., Attn.: Rebekah Newton, 224 South Grove Street, Suite F, Hendersonville NC
28792
:D5 2 -
U.S.
U.S. ARMY CORPS OF ENGINEERS 5-16-114
WILMINGTON DISTRICT
Action ID: 2014-01120 County: Transylvania U.S.G.S. Quad: Pisgah Forest
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Davidson River Village LLC / Attn • Michael Singer
Address: 40 Walnut Street, Suite 301
Wellesley, MA 02481
Telephone Number: 781431-8101
Size (acres): +/-21 Nearest Town: Brevard
Nearest Waterway: UTs to Davidson River
and Davidson River Coordinates: 35.26859 N, 82.70429 W
River Basin/ HUC: Upper French Broad (06010105)
Location description: The site is a proposed road right-of-way known as Davidson River Village Parkway located on
a tract of land (PINS 8597-32-8849 859742-7854 8597-52-6973 and 8597-53-8878) known as the former Ecusta Mill
Properties and/or Davidson River Village off Ecusta Road and U.S. Highway 64 in Brevard Transylvania County
North Carolina.
NOTE: This road right-of-way site is part of a larger 530.14 acre tract of land The Corns issued an approved
iurisdictional determination for the entire tract under Action 1D 2008-01792 on August 18, 2014.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 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.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the pen -nit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. 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 of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . 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 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
(LAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 30 l of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 323 or
david.w.brown@usace.army.mil.
C. Basis for Determination:
The stream channels on the project site are two unnamed tributaries (UTs) to the Davidson River, both are relatively
permanent waters (RPW) and the Davidson River (RPW). The UTs to the Davidson River flow into the Davidson
river, which flows into the French Broad River, a traditionally navigable water (TNW) and a designated Section 10
water downstream of Wilson Road Bridge in Brevard, North Carolina. The French Broad River merges with the
Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi
River before entering the Gulf of Mexico. The UTs to the Davidson River and the Davidson River, at the project site,
have perennial flow and exhibit indicators of ordinary high water mark. This jurisdictional determination is valid for
the proposed road right-of-way project site only.
D. Remarks:
The waters of the U.S., at this site, were verified on-site by the Corps on July 31, 2014 and are as approximately
depicted on the attached Stream Delineation Alap, Figure 5 (dated July 17, 2014) and the road -right -way project site
is shown on Aerial Photograph (1012), Figure 4, both submitted by C1earWater Environmental Consultants, Inc.
E. Attention USDA Program Participants
This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The del ineation/determ inat ion 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 Part331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM 15
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 October 17, 2014.
**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: e
David Brown
Issue Date of JD: August 18.2014 Expiration Date: Five years from Issue Date
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://reeulatory.usacesurvey.com/.
Copy furnished:
C1earWa'ter Environmental Consultants, Inc., Aun.: Rebekah Newton. 224 Grove Street, Suite F, Hendersonville NC 28792
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2008-1792 County: Transylvania U.S.G.S. Quad: Pisgah Forest
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Renova Partners, LLC / Attn: Mike Sinner
Address:
36 Washington Street, Suite 390
Wellesley, MA 02481
Telephone No.:
781431-8101 x.105
Property description:
Size (acres)
500 acres Nearest Town Brevard
Nearest Waterway
Davidson River River Basin French Broad
USGS HUC
06010105 Coordinates ' 35.264477N / 82.703722W
Location description The site is located on Ecusta Road and formerly known as the Ecusta Mill in Brevard
Transylvania County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be stream channels and wetlands on the above described property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction.
To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not
an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification. -
X There are stream channels and wetlands on the above described 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 strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely
manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must
be verified by the Corps.
X The stream channels and wetlands on your property have been delineated and the delineation has been verified by the
Corps. 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 stream channels and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations,
this determination maybe 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 property which are subject to the
pen -nit 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.
Action Id. 2008-1792
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980.
C. Basis For Determination
The site 'contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property are known as
Thrash Creek, the Davidson River, and their unnamed tributaries. The stream channels flow into the French Broad River and
ultimately flows to the Atlantic Ocean through the Gulf of Mexico.
D. Remarks
Delineation was verified during Mav 1 2008 on-site meeting
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached: to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Program
Attn: Amanda Jones, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 September 9, 2008.
**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: Amanda Jones
Issue Date: July 9, 2008
Expiration Date: July 9. 2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at h ://rDgulatory,usacesuryeV.com/ to
complete the survey online.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Clearwater Consultants, Attn: Rebekah Newton, 718 Oakland St., Hendersonville, NC 28791
2
Attachment C
No Permit Required Letter
(dated December 15, 2008)
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2008-1792 County: Transylvania
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property
Owner Davidson River Village, LLC
Address 36 Washinglon Street, Suite 220 CEC Project # 002
Wellesley, MA 02481 Date Recieved 12 — D90
Telephone Number 781-431-8101 x.104
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The site is known
as the former Ecusta Mill located on Ecusta Road, in Brevard, Transylvania County, North Carolina.
Description of Activity: The site is currently designated as a Brownfield site and is undergoing clean up
as supervised by the Environmental Protection Agency under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA). As part of the remediation, approximately 0.065
acre of wetlands will be filled.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the property.
The proposed project does not impact jurisdictional waters or wetlands.
X The proposed project is exempt from Department of the Army regulation.
(Specify) The fill does not require a 404 permit since the proposed work is associated with a
CERCLA remediation.
This Department of the Army determination does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to
contact appropriate State and local agencies before beginning work.
Any changes in the above described work must be coordinated with the Corps of Engineers prior to
commencement. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Amanda Jones at telephone number (828) 271-7980 x.231
Regulatory Project Manager Signature
Date December 15, 2008 Expiration Date December 15, 2012
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Clearwater Environmental Consultants, Attn: Rebekah Newton, 718 Oakland Street, Hendersonville, NC
28791.
Attachment D
TRC Letter Report
(dated August 22, 2013)
5 Dogwood Road
Asheville, NC 28806
828.657.3838 r•r�or F
828.667:3839 a.
www.TRCsoltitioiis.corn
August 22, 2014
Ms. Rebekah Newton
Clearwater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
Re: Letter Report, Archaeological Background Research and Reconnaissance of Davidson River Village,
Transylvania County, North Carolina
Dear Ms. Newton,
TRC Environmental Corporation (TRC) has completed a background study and reconnaissance for the
proposed Davidson River Village in Transylvania County, North Carolina (Figure 1). The project area is
situated along the Davidson and French Broad rivers northeast of Brevard and comprises approximately
530 acres. The area formerly contained the Ecusta Mill and also a quarry. Currently, two landfill areas
occupy the site, along with a large pond and a few standing structures related to the Ecusta Mill. Much of
the area has previously been disturbed, and portions of the property have been the subject of remediation
efforts due to contaminated groundwater and soil related to past industrial use.
The research was intended to assess the potential for significant resources on various parts of the tract, so
that information could be considered for planning purposes. The archaeological field reconnaissance was
conducted on August 12, 2014 by Michael Nelson. The reconnaissance included limited documentation of
the entire tract, but focused on the areas that may not have been previously disturbed. The background
research was conducted by Tasha Benyshek, also on August 12, 2014.
BACKGROUND RESEARCH RESULTS
Archaeological Sites. A review of the files and records at the Office of State Archaeology (OSA) in
Asheville indicated that there are eight previously recorded sites within the project boundaries, one that is
recorded adjacent but may extend onto the property (Table 1; see Figure 1), and at least 24 others
recorded within a mile of the project area.
Three of the sites within the project area were recorded during the University of North Carolina's (UNC)
Cherokee Archaeological Project in the 1960s and site documentation is limited (31TV3, 31TV43, and
31TV 121); all three are prehistoric in age and contained pottery and lithic material. Holden (1966)
includes these sites in her descriptions of the Transylvania sites she recorded, so some component
information is available (see Table 1). Collections exist at UNCs Research Laboratory of Archaeology in
Chapel Hill for these sites.
Four of the sites were recorded as a result of an NCDOT survey for a bridge replacement project (Bridge
No. 193 along SRI 504 [Old Hendersonville Highway]) (Zinn and O'Connell 2005). Three of these sites
are 20th century and were found not eligible for the National Register of Historic Places (NRHP) (see
Table 1). The fourth site is a prehistoric site of unknown temporal affiliation that was also recommended
not eligible for the NRHP, but was not fully delineated outside the project right-of-way (31TV835). This
site may extend into the project area.
Two of the sites within the project boundaries were discovered during Wetmore's (1993) survey of
portions of Transylvania County and she recommended both potentially eligible to the NRHP (see Table
1). 31TV533 is located east of the Davidson River, south of the northern landfill area. Wetmore's
excavations included a single 1 x 1 m test unit and four 50 x 50 cm test units, along with three transects
of auger tests. A fairly high density of material was recovered, including sherds and a variety of lithic
material. The predominant component represented was the Pisgah Phase (ca. A.D. 1000-1450). The
stratigraphy documented was somewhat variable and includes an apparent buried A horizon(s). Most
material was derived from the plowzone (Wetmore 1993). The second site Wetmore recorded within the
project boundaries, 31TV652, consists of late 19`h century "wing dam" remains found on both sides of the
French Broad River in the southernmost portion of the project area and also outside the project area. Up
to 20 of these may be located along the southern boundary of the project area spaced at 100 foot intervals
along the French Broad. Wetmore found 30 dams surveying by canoe during low water conditions
between the mouth of the Davidson River and the Little River. The majority consisted of pairs of lateral
dams, and timber cribbing was observed in a few cases (including at least one example with timber
cribbing at 31TV652). These dams represent a portion of the 19th century efforts to make the French
Broad River a navigable stream (Wetmore 1993; see Dykeman 1965).
Historic Structures. Review of the State Historic Preservation Office (SHPO) online database (HPOWEB
2014) determined that there are no structures listed on the NRHP or that have been determined eligible
within the project boundaries. Two structures that have such designations are located near the project
boundaries. The Elizur Patton House (TV0460) has been determined eligible to the NRHP and is directly
adjacent to the project area along the northwest side of Old Hendersonville Highway (SRI 504). The
William Deaver House (TV0003) is NRHP listed and is approximately 0.2 miles north of the project area
along the northwest side of Asheville Highway (NC 280).
Within the project boundaries, the former Ecusta Mill (TV0464) is shown on the study list, with the
Ecusta cafeteria shown separately as surveyed (TV0465). Bishir et al. (1999) discuss the Ecusta mill
history briefly and record that it contained structures from 1938 and later and that the complex included
the original mill and warehouse, along with other buildings. The cafeteria is mentioned as distinctive and
consisted of ...... a 1 1/2 story brick building with bracketed eaves, a front porch, and stone chimneys"
(Bisher et al. 1999:331). The mill was built in 1939 and originally produced cigarette papers, and later a
cellophane production operation was added (Dykeman 1965). The plant closed in 2002, and most of the
buildings have been demolished (see below).
The Davidson River Gaging Station (TV0421) is also on the study list and is very near or within the
northwestern project boundaries, south of Pisgah Highway (US 276) and west of Asheville Highway (US
64).
The Davison River Cemetery (TV0480) is on the study list and is near (but outside of) the northeastern
project boundary. Others on the study list within a mile of the project area include the Patton Houses
District (TV0598), the Charles Patton House (TV0376), and the Ike Ledbetter House (TV0554). Several
surveyed structures are within a mile of the project area, but are not listed on the NRHP or on the study
list; one is listed as a local landmark, the Partridge Hill cottage (TV0623).
2
Table 1. Previously Recorded Archaeological Sites within and Directly Adjacent to the Project Area
Site No.
Previous Description
NRHP Status
Reference
31TV3
Prehistoric sherds (n=208), celt(?) fragment,
Area Modified/
Site form (Coe 1949/1955,
31TV834
projectile point (n=2), debitage (n=10) found
Filled over (this
Holden 1964); Holden (1966)
31TV835
behind church on surface; Holden reports
report)
Zinn and O'Connell (2005)
collectors obtained celts, pipes, axes, gaming
and O'Connell); Site
stones, and projectile points; Connestee
may extend into
predominant component, Pisgah present, also
project area (this
31TV837
reports Early Woodland, Pigeon, Swift
report)
Not eligible
Zinn and O'Connell (2005)
31TV838
Creek, and Woodstock sherds.
Not eligible
Zinn and O'Connell (2005)
31TV43
Prehistoric sherds (n=37), debitage (n=17),
Largely destroyed
Site form (Holden 1964);
found on "Ecusta Island." Holden reports the
(Holden);
Holden (1966)
area used as an incinerator for the Ecusta
Destroyed/Filled
Paper Co. and that the site was largely
over (this report)
destroyed. Pisgah primary component,
Connestee and Early Woodland also present
31TV121
Prehistoric sherds (n=8), debitage (n=21),
Destroyed/Filled
Site form (Holden 1964);
stone tools (n=3) found on surface along
over (this report)
Holden (1966)
Thrash Creek; Pisgah, Connestee
*31TV533
Multi-component prehistoric (Late Archaic,
Potentially eligible
Wetmore (1993)
Early Woodland, Middle Woodland, Pisgah,
Qualla); 1 x 1 m test unit excavated along
with 4 50 x 50 cm units and auger tests;
buried A horizon(s) present
*31TV652
19'h century wing dams on both sides of the
Potentially eligible,
Wetmore (1993)
French Broad River
preservation by
31TV834
20th century domestic
avoidance
Not eligible
Zinn and O'Connell (2005)
31TV835
Unknown prehistoric lithic, limited survey
Not eligible (Zinn
Zinn and O'Connell (2005)
and O'Connell); Site
may extend into
project area (this
31TV837
2e century domestic
report)
Not eligible
Zinn and O'Connell (2005)
31TV838
20`x` century residential and commercial
Not eligible
Zinn and O'Connell (2005)
*Bold. Sites potentially eligible to the.NRHP within the protect area
Cemeteries. There are no indications that any cemeteries are present on the tract (TTP 2014; NISCM
2014). The nearest known cemetery is Davidson River Cemetery (referenced above), located adjacent to
the',northeastern project boundary (see Figure 1). The cemetery is depicted as early as 1935 on maps of
the area (USGS 1935).
Historic Map Review. Topographic maps, United States Department of Agriculture (USDA) soil survey
maps, and historic maps were examined for information on natural or cultural variables that might have
affected site locations. A number of 19"' -century maps show the generalized vicinity of the project area,
but very little detail. One of the earliest maps of Western North Carolina (Price and Strother 1808) shows
the French Broad River and `Bendavidsons Creek," along with the Little River and other waterways, but
no other detail of the area. The MacRae map of 1833 depicts the Davidson, Little, and French Broad
rivers in the area along with other tributaries of the French Broad, but no other detail in the area. The
1884 Royce map of the former territorial limits of the Cherokee depicts Brevard along with rivers and
streams, but no other detail in the project vicinity. A late 19th -century map (Kerr 1882) shows a little more
detail of the vicinity of the project area with the addition of roads.
One of the first maps to contain much detail of the project area is the 1905 Pisgah quadrangle, which
depicts the communities of Pisgah Forest, Davidson River, and Ecusta in the project vicinity (the
community of Ecusta shows up on maps as early as 1892 [Rand McNally and Co. 1892]). The railroad is
also shown along with the roads; roads appear in the approximate locations as Asheville Highway and
Ecusta Road; due to the schematic nature of the map, however, it is difficult to determine if any of the
structures depicted are within the project area. A structure is depicted north of the river in the vicinity of
the extant gaging station (USGS 1905) (Figure 2). The 1906 soil survey map of Transylvania County
shows a similar amount of detail as the 1905 Pisgah quadrangle, but little other detail within the project
area (Hearn and MacNider 1906).
The 1935 Pisgah Forest map shows a school and church east of a road in what is now just west or within
the western part of the pond (Figure 3). Signage at the approximate locations of these buildings indicate
the church was the Davidson River Presbyterian Church (ca. 1800-1975), while the school was the
Davidson River Academy (ca. 1824); a related structure was built at this location in 1855 and destroyed
by fire in 1891, according to the signage (Figure 4). A structure is also shown along what is now Ecusta
Road within the project boundaries, and another is shown in the westernmost part of project area; these
structures are not depicted on the 1946 version. A structure is also shown just east of Thrash Creek, south
of Old Hendersonville Highway; this also appears on the 1946 version. The gaging station is also depicted
on the 1935 map. The first USGS map to depict the Ecusta Mill is the 1946 Pisgah Forest quadrangle
(USGS 1946); this map also shows the channelization of the Davidson River that occurred northeast of
the plant and formed "Ecusta Island" in the northern landfill area. The roads in the area are roughly in
their current configurations. Vanderbilt Road is shown on this map, which later was renamed Ecusta
Road. Besides the mill and presumed mill buildings, three structures are shown in what is now the landfill
area north of the extant pond. The church is also still depicted, and a structure is shown in the area that
contained the school in 1935 (USGS 1946).
FIELDWORK RESULTS
The archaeological reconnaissance consisted of a walkover and visual inspection of most of the project
area with emphasis given to areas that appeared to be less impacted by the former industrial use of the
property. No shovel tests were excavated, but limited subsurface contexts were examined to determine if
intact soils are present. In addition, standing structures were photographed within the project boundaries.
While most of the Ecusta Mill structures and facilities have been demolished, a few remain intact,
including the Davidson River pump house and low head dam (Figure 5), three storage sheds/barns (Figure
6), a brick guard house, a wastewater treatment facility, and a pump house along the French Broad River.
Of these buildings, former employee Jack Gairen states that the Davidson River pump house is the only
remaining building that dates to the original mill construction in 1939. The storage sheds were
constructed in 1943, the French Broad pump house in 1955, the gatehouse in 1965, and the waste
treatment facilities in 1975, according to Garren (personal communication, 2014).
The majority of the project area, including the location of the former mill (Figure 7), the two inactive
landfills (Figures 8 and 9), and the large pond and earthen dam (Figures 10 and 11), is heavily modified
and/or steeply sloped. These areas are unlikely to contain intact subsurface cultural deposits (Figure 12).
Portions of the former mill operation location have been the target of remediation efforts that have
involved substantial excavation. While some areas may contain intact floodplain/terrace soils in the
former mill area, these are likely very limited.
The remaining sections of the project area appear to be relatively undisturbed and non -sloped. These areas
include the southernmost floodplain at the confluence of the Davidson and French Broad rivers (Figures
13 and 14), wooded and overgrown terraces along Davidson River, a wooded area along Carr Lumber
4
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9
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Road (SRI 566), and three open fields north of the southernmost landfill. These areas likely contain intact
soils, at least in some locations.
Two previously recorded potentially eligible archaeological sites are located within the areas that appear
to be undisturbed or less obviously disturbed. 31TV533 is a multicomponent prehistoric site with possible
buried A horizons located east of the Davidson River and south of the northernmost landfill (Wetmore
1993). This site would need further testing to determine NRHP eligibility (Figure 15). 31TV652 consists
of a series of late 19"' century wing dams, which are located along both sides of the French Broad River
both within and outside the project limits; at least two of these were visible during the current
reconnaissance (Figure 16). Preservation by avoidance has been recommended for the wing dam remains
(Wetmore 1993).
The locations of three of the previously recorded sites -31 TV3, 31 TV43 and 31 TV 121—have been
heavily modified since the sites were originally recorded or last visited. Sites 31TV3 and 31TV 121,
located on the west and southeast sides of the large pond respectively, were likely completely destroyed
by the pond construction. 31 TV3 was located in the area of the Davidson River Presbyterian Church.
While it cannot be completely discounted that archaeological remains of the prehistoric site and the
former 19`s century buildings still exist east of the pond embankment and parallel ditch at this location,
the entire area appears to be modified (see Figures 4 and 10). 31 TV 121 is located wholly within the pond
and embankment area. Site 31 TV43 is located in the northeast corner of the northernmost landfill on
"Ecusta Island" and was largely destroyed when originally recorded by Holden (1966); it has been further
buried and/or destroyed by the continued industrial use of this portion of the project area (see Figure 9).
Three of the four sites-31TV834, 31TV837, and 31TV383—recorded during an NCDOT survey for a
bridge replacement project along Old Hendersonville Highway are located within the project area, but
were determined not eligible for the NRHP (Zinn and O'Connell 2005) and need no further work. The
fourth site, 31TV835, is located outside the current project boundaries to the west. Although it was also
recommended not eligible for the NRNP, it was not fully delineated (Zinn and O'Connell 2005) and may
extend into the southernmost portion of the current project area, which appears largely undisturbed.
SUMMARY AND RECOMMENDATIONS
The background study and archaeological reconnaissance indicate that of the eight sites previously
recorded within the project boundaries, three are in locations that have been heavily modified since
originally recorded in the 1960s, while three have been recommended not eligible to the NRHP (Zinn and
O'Connell 2005). The remaining two sites have been recommended potentially eligible to the NRNP.
31 TV533 consists of a multicomponent prehistoric site east of the Davidson River, and this site may be
intact based on the reconnaissance of the area. 31TV652 consists of late 19`s century wing dams along the
French Broad River, and preservation by avoidance has been recommended (Wetmore 1993). The
reconnaissance indicates these still exist in the area. Finally, previously recorded prehistoric site 31TV835
may extend into the project area.
Areas that have the most potential to contain intact soils and archaeological remains within the project
area total approximately 130 acres (excluding that surveyed by Zinn and O'Connell [2005]), and include
the southernmost floodplain at the confluence of the Davidson and French Broad rivers, wooded and
overgrown terraces along Davidson River, a wooded area along Carr Lumber Road, and three open fields
north of the southernmost landfill (see Figure 12). If an archaeological survey becomes necessary,
systematic survey would likely be required of those areas. In addition, depending on project impacts,
further testing at 31TV533, additional documentation of 31TV652, and verification that 31TV3 has been
completely destroyed may be necessary.
Thank you for the opportunity to work with you on this project. If you have any questions about this
investigation, please feel free to contact me at (828) 230-4812 or tbenyshek@tresolutions.com, or
Michael Nelson at 919-414-4562 or mvnelson@tresolutions.com.
Sincerely,
Tasha Benyshek M.A., RPA
Assistant Program Manager, Asheville
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7
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