20200547 Ver 1_PCN Form Submission_20200421

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
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?*
C Yes r No
Change only if needed.
BIMS # Assigned * Version#*
20200547 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 - [phone]
Andrew Moore:eads\awmoore3
Information for Initial Review
1a. Name of project:
Mills River
1a. Who is the Primary Contact?*
Dru Dougherty
1b. Primary Contact Email:*
[e-mail]
Date Submitted
4/21/2020
Nearest Body of Water
Mills River
Basin
French Broad
Water Classification
WS-III
Site Coordinates
Latitude:
35.386512
A. Processing Information
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
r Yes r No
Longitude:
-82.567572
Is this project a public transportation project?*
r Yes r No
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)
1c. Primary Contact Phone:*
[phone]
L.1
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
39 - Commercial/Institutional Developments
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 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. Is the 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?
R 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:
Red Fox Development, LLC
2b. Deed book and page no.:
3344/490
2c. Responsible party:
2d.Address
Street Address
1903 Queen's Road West
Address Line 2
city
Charlotte
Postal / Zip (bde
28207
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rwince / Ifgion
NC
(buntry
United States
2f. Fax Number:
4. Agent/Consultant (if applicable)

4a. Name:
Laura Belanger
4b. Business Name:
Environmental Permitting Consultants, Inc
4c.Address
Street Address
PO Box3744
Address Line 2
City
Greenville
Postal / Zip Code
29608
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
EPC agent authorization form.pdf
State / Province / Filegion
SC
Country
United States
4e. Fax Number:
99.47KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Mills River
2 Pro Project Identification
2a. Property Identification Number:
9631648651
2c. Project Address
Street Address
Boylston Highway at Cross Road Drive
Address tine 2
city
Mills River
Postal / Zip Code
28759
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mills River
3b. Water Resources Classification of nearest receiving water:*
WS-III
3c. What river basin(s) is your project located in?*
French Broad
2b. Property size:
0.7
State / Province / Region
NC
Country
3d. Please provide the 12-digit HUC in which the project is located.
060101050403
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:*
The site is located on Boylston Highway northwest of the intersection with Cross Road Drive. The site is currently an undeveloped grassed lot in a retail center. The center has a gas
station, bank, sub shop, drug store and car wash.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
F Yes r No F 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)
Mills River PCN figs topo location (1).pdf 427.45KB
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)

Mills River PCN figs soils map (1).pdf 301.65KB
4f. List the total estimated acreage of all existing wetlands on the property:
n/a
4g. List the total estimated linear feet of all existing streams on the property
15.2 lin ft.
4h. Explain the purpose of the proposed project:*
Currently there is a small section of open tributary (15.2 lin. ft.) between outlet of the culvert that runs under Boylston Highway and the existing storrrmrater drainage system. As part of
the overall grading plan for the development of the site, the applicant is proposing to tie in the existing stormwater drainage system with a junction boxto encase the 15' of open
channel.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall purpose of the project is to construct an auto parts store in an existing retail center. Development of the site will include grading with heavy equipment, installation of a
junction box and stormwater management system including 14 Stormtech MC-3500 Chambers, asphalt paving for the parking lot and construction of a 7,200 sq ft store.
4j. Please upload project drawings for the proposed project.
Mills River PCN figs aerial (1).pdf 463.98KB
Mills River PCN figs details (1).pdf 845.8KB
Mills River PCN figs proposed site plan (1).pdf 1.52MB
Mills River PCN figs wous (1).pdf 1.7MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
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):
r Wetlands W Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* :]3�name * ��3e. Stream Type * �[3f. Typeofh* 3h. Impact
(?) urisdiction* length*
connecting culvert ouffall to Permanent Culvert ut of Mills River Perennial Corps
4 15
i1 9 P
stormwater pipe Average (feet) (linearfeet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
15 0

31. Total stream and ditch impacts:
15
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project involves the development of a small (0.7 ac.) outparcel. In order to connect to the epsting stormwater system, a junction box is required
that will impact 15 linear feet of tributary between the culvert outfall and the stormwater pipe. According to the stormwater engineer, this is the only way
to connect the stormwater system and therefore the impact is unavoidable.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
This is the only area of jurisdictional waters onsite, and it's unique position between the outfall of a culvert and the inlet of the existing stormwater
drain, the impact was unavoidable. The site itself was chosen due to its proximity to epsting retail and the minimal amount of jurisdictional impacts
required to develop.
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:
Due to minimal impact, no compensatory mitigation is proposed
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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:
Project will not create concentrated flowthrough buffer, it will connect directly to epsting storm drain system.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following Stormwater management program(s) apply:
W Local Government W State
Local Government Stormwater Programs
V Phase II j— NSW r USMP W Water Supply
Please identify which local government stormwater program you are using.
Henderson County for Mills River
State Stormwater Programs
W Phase II r Coastal Counties
r HWQ or ORW r Other
Comments
G. Supplementary Information
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 (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r 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.
No, this is the last outparcel in an existing retail center.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r N/A
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
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. 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 r No
Si. 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?
https://vmw.fws.gov/raleigh/species/cntylist/henderson.html
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 r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https://wA,w.fisheries. noaa.gov/resource/map/essentia I -fish -ha bitat-mapper
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?*
https://nc.maps.arcgis.com
7c. Historic or Prehistoric Information Upload
cultural resources map.pdf 452.06KB
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?*
msc.fema.gov/portal

Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
FI 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:
Laura Belanger
Signature
Date
4/21/2020

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO. PARCEL I D: 9631648651-----------
STREET ADDRESS: __ 6Q¥!st.on_tijghw�_y....atCross_RQad...D.d.y_e.,_f�lj).!sJsiY..er�NJ:,.,.__ ____ _
Please print: Property Owner: Dru Dougherty, Red Fox Development, LLC_________ _
Property Owner: _________________________ _
The undersigned, registered property owners of the above noted property, do hereby authorize
Laura Belang __ e=r ________ , of Environmental Permitting Consu.!t.�n�J.Dh_ (Contractor I Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
19 03 Queen's Road West, Charlotte, NC 28207
Telephone: __ 8_2_8-_7_78_-_18_0_9 ____ _
We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge.
cf1rv1 'rA��\lt!_o 1�_t\ __Authorized Signature� 0
Date: ___ 1111_t z_. O __ _
Authorized Sig nature
Date: ___________ _
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