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HomeMy WebLinkAbout20201445 Ver 1_ePCN Application_20201224DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 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?* C Yes r No Change only if needed. BIMS # Assigned 20201445 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Kaylie Yankura:eads\kyankura Information for Initial Review 1a. Name of project: Courtesy copy - Agrifacture Vertical Farm 1a. Who is the Primary Contact?* Edward McCammon 1b. Primary Contact Email:* edm0428@gmail.com Date Submitted 12/24/2020 Nearest Body of Water Green River Basin Broad Water Classification C; Tr Site Coordinates Latitude: 35.242836 Pre -Filing Meeting Information ID# 20201445 Pre -fling Meeting or Request Date* 10/11 /2020 Longitude: -82.393669 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf Version#* 1 Reviewing Office* Asheville Regional Office - (828) 296-4500 1c. Primary Contact Phone:* (828)216-3335 Version 1 51.3KB A. Processing Information C^U County (or Counties) where the project is located: Henderson Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No Please provide the date of the previous submission.* 9/16/2020 1b. What type(s) of permit(s) do you wish to seek authorization? r 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 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r 401 Water Quality Certification - E)press r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor 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. 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? 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: Torino Ltd 2b. Deed book and page no.: 2c. Responsible party: Edward McCammon 2d.Address Street Address 110 Edney Street Address tine 2 STE A aty Hendersonville Rbstal / Zip Code 28792 2e. Telephone Number: (828)216-3335 2g. Email Address:* edm0428@gmail.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: f'tt appropriate) 1c. Nearest municipality/ town: Saluda 2. Project Identification 2a. Property Identification Number: 9586607295 2c. Project Address Street Address 58 Pot Shoals Road Address Une 2 aty Saluda Rbstal / Zip Code 28773 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Green River 3b. Water Resources Classification of nearest receiving water:* Q Tr 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501050103 4. Project Description and History Slate / Ffovince / Pagion NC Country USA 2f. Fax Number: 2b. Property size: 23 +/- Slate / Ftovince / Pagion NC Country USA 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:* Vacant Woodland at the New Container Vertical Farm Location.... Permitted 2br home (under construction on upper end of property accessible only by first entrance driveway. 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) 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) 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 1000 4h. Explain the purpose of the proposed project:* New Access Driveway at lower part of property to facilitate the construction of a Vertical Container Farm and a single residence for on site farm manager. No other car or truck access to the new farm site is available from upper part of property. Access to Container Farm and Manager Residence requires Large Truck access, hence the reason for 58 linear feet of culvert to cross intermittent gully. No residential development (except for 1 single family residence for farm manager). Planned to construct one primary Vertical Container Farm with Offices/R&D Lab/ / Product Processing Room/Equipment Room, one building for Machine Shop and one building for Farm Manager Residence. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* New Access Driveway at lower part of property to facilitate the construction of a Vertical Container Farm and a single residence for on site farm manager. No other car or truck access to the new farm site is available from upper part of property. Access to Container Farm and Manager Residence requires Large Truck access, hence the reason for 58 linear feet of culvert to cross intermittent gully. No residential development (except for 1 single family residence for farm manager). Planned to construct one primary Vertical Container Farm with Offices/R&D Lab/ / Product Processing Roont/Equipment Room, one building for Machine Shop and one building for Farm Manager Residence. Equipment used is: Track -hoe, dozers, dump trucks, skid -steers, crane 4j. Please upload project drawings for the proposed project. Updated Zoning Plan 58 Pot Shoals Road 9-10-2020.pdf 1.72MB Driveway Entrance to Container Farm and Single Residence from Pot Shoals.pdf 741.18KB 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: No Wetlands 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): David Brown Agency/Consultant Company: CIV USARMY CESAW (USA) 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? None D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands W Streams -tributaries r Buffers F Open Waters r Pond Construction 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* __7Driveway Installation Permanent Culvert ]U�amecl Intermittent DWR 2 58>1 yAverdge (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 58 0 3i. Total stream and ditch impacts: 58 3j. Comments: All Silt Fencing and water filtration methods to protect down stream water quality were installed to Corp of Engineer Standards. 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: All Silt Fencing and water filtration (Waffle Filters, Filter Cloth and Washed Stone Covering) methods to protect down stream water quality were installed to Corp of Engineer Standards. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All Silt Fencing and water filtration (Waffle Filters, Filter Cloth and Washed Stone Covering) methods to protect down stream water quality were installed to Corp of Engineer Standards. Once Upper and lower retaining wall base course installed then no further "possible" impact to stream was possible. 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 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: Al measures to maintain water quality down stream were and are in place and although a complaint was filed we believe any stream sediment that may have appeared in Green River was from Duke Power soil disturbance adjoining this property. In addition to unusually High Rain Fall and Water turbidity that flowed from Lake Summit. 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 15A NCAC 02H .1003(2)? r Yes r No Comments: Single Residence + Vertical Container Farm exempt under North Carolina Farm Exemption Statutes qualifies as low density by 15A NCAC 021-1.1003 rules. 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 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 2b Provide an explanation of the violation(s): Received notice of violation number NOV-2020-CV-0009, however am confused as to level of violation stated in NOV wfien under section 404(f) of the Clean Water Act (see 33 CFR 323.4) this site is exempt and David Brown CIV USARMY CESAW (USA) 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. Container Farm is located in center of property at a minimum 800 feet from Driveway Culvert 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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 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 r Unknown 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? Local Agricultural authorities Consultation Documentation Upload Updated Zoning Plan 58 Pot Shoals Road 9-10-2020.pdf 1.72MB Driveway Entrance to Container Farm and Single Residence from Pot Shoals.pdf 741.18KB 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?* Local Agricultural authorities 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? Local Agricultural authorities 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?* Survey Miscellaneous Comments Miscellaneous attachments not previously requested. Signature * W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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 Edward McCammon Signature Date 12/24/2020 Project No: Permit No: Status: Henderson County (Planning) - Zoning Permit 100 N. King Street, Hendersonville, N.C. 28792 Phone :(828) 697-4857 20010114250 20020114251 ISSUED Owner Information Name Torino Ltd Address 229 Airport Rd Ste 7 Arden NC 28704-6403 Phone(W) Phone(H) Phone(M) . 828 2163335 Property Information PIN # 9586607295 Address 58 Pot Shoals Rd Saluda NC 28773 Subdivision Us 176 On Lot # Acreage Directions Zoning Districts Appl. Dt.: 8/17/2020 Exp. Dt.: 2/17/2021 Status Dt.: 8/17/2020 Applicant Information Name Torino Ltd Address 229 Airport Rd Ste 7 Arden NC 28704-6403 Phone(W) Phone(H) Phone(M) 828 2163335 Occupant Information Name Torino Ltd Permit Information Type & Use Agriculture Permission Permitted by Right, zoning permit 21.12 Purpose 58 Pot Shoals: 176S to L on Pot Shoals Year of Manuf. Home Rd; 2nd drive on R Condition L-R2R Work Desc. Notes EAE Inspections Conducted required Not Applicable Setbacks: Side and Rear setbacks are 10'. Front setback is 15' from R- O-W. Max height is 40'. PLACING 44 SHIPPING CONTAINERS FOR AGRICULTURAL USE (GROWING MUSHROOMS) EXEMPTION ID: 807847 Inspections Signed Off/User ID Date Status Reason 'aning Inspection Payment Information Permit I Receipt No. I Fee Ref#1 Amount Status IRef#7 JArnount I Status I Ref#3 Amount Status MAINPERMIT 20020108739 0.00 CASH 0.00 IPAID Total 0.00 READ CAREFULLY AND SIGN BELOW An address will be assigned in the next few days based on the site plan you are submitting today with you permit application. If in the future you deviate from the submitted plan, the address could change. If you have to make any major changes to your site, please notify Henderson County Property Addressing at (828)-694- 6517. This will ensure the address isn't changed in the future after occupancy. The information shown herein and on any other application materials and plans submitted is, to the best of my knowledge, true and accurate. and is in compliance with the terms, requirements, standards and conditions of theHenderson County Zoning Ordinance for a zoning compliance permit. By my signature below, I agree to conform to all applicable ordinances ofHenderson County, North Carolina, and the laws of the State of North Carolina related to the use of land and/or structure(s) indicated herein. BY LAW ALL IMPROVEMENTS MUST BE LISTED WITH THE ASSESSOR'S OFFICE DURING THE MONTH OF JANUARY. FAILURE TO DO SO WILL RESULT IN A PENALTY OF 10% OF THE VALUE OF TUE�[MPROVEMENT. of Approved n'g Official Name & Title) Denied: (Zoning Official Name & Title) Date: 7 o Date: Date Site Plan Not Shown to Scale \"Op I I hereby agree that the information shown is correct to the best of my knowledge. I understand that any changes to the property lines, building orientation, or location of driveways may void this site plan and require a new site evaluation by environmental health or result in a change to the property address. 1 Signature of Authorized Agent/Owner Late ,l�lill�, — HENDER50� HENDERSON COUNTY SITE PLAN FORNI A Henderson County site plan form is required as part of the building permit application to assign a property address to a proposed structure, determine county zoning requirements, and to apply for a well or wastewater/septic pennit. An evaluation by Environmental Health cannot be scheduled nor can an address be assigned until this site plan form is completed per the following instructions. Instructions: Please use the back of this foam to draw the proposed structure for which a building permit is being requested and include all applicable items in the check list provided below. The applicant/property owner must sign and date the site plan form. The following items shall be identified on this site plan: ❑ Dimensions of the property lines and orientation to streets, roads and driveways. (Include a north arrow.) ❑ Location of the proposed stricture, including: decks, walkways, garages, pools or other structures. (Indicate the dimensions for all strictures or show the dimensions of the maximum area you anticipate the stricture will cover.) ❑ Location of all driveways. (indicate driveway to be used for primary access for addressing purposes. If this is not included an address will not be assigned for the new structure.) ❑ Location of the preferred site for the wastewater/septic system including dimensions and setbacks. ❑ Existing and proposed wells. (Include wells located on adjacent properties, if known.) ❑ Location of all surface waters including springs, creeks, ponds, rivers, streams, wetlands, etc. ❑ Existing or proposed easements, encroachment agreements or right-of-way on the property. (This includes; access easements, utility easements, roads, or electrical right-of-way). ❑ For well applicants. Include location of existing or proposed chemical or petroleum storage tanks above or below ground. COMPLETED SITE PLAN FROM EXAMPLE - 63 L{d, � P�ct-•o; ed w c 3 BR C-D 5S Jt<K Q 60'x100, ,• --- - _ _ 300' 58 Pot Shoals Road a h 40ea-40ft Vertical Container Farm ` Product Processing, Offices, R&D Lab O� & Equipment Room drive W aY to contain Res deuce ,and Farm Mana9eC o`N eC and aa�r5�p to G 10ea 20Ft Containers R&D Farm Permitted 2br Cabin Date: 9-10-2020 BY- Edward McCammon (Future) j Machine Shop I W JFarm Manager Single Residence 3 Water Treatment & Distribution Building Well Head 7 ctricai Main,fistribution Building 150KVA Transformer I R w 4 Le' u 5 M n N U z R .Q R ,r e� U] R O U) 0 P., cc Ln 58-B Drivev to Cor Farm 58 -B Pot Shoals Road Driveway Entrance to Container Farm and Farm Manager Residence I Culvert under Drive- way ea l�o O r jr 2 Foot Wide Retaining Walls 56 Feet Outside to Outside oad �s� ��'roa Po IDriveway Width = 20 Feet ID#* 20201445 Version* 1 Regional Office * Asheville Regional Office - (828) 296-4500 Reviewer List* Kaylie Yankura Pre -Filing Meeting Request submitted 10/11/2020 .............................................................................................................................................................................................................................................. Contact Name* Edward McCammon Contact Email Address* Project Name* Project Owner* Project County* Owner Address: edm0428@gmail.com Agrifacture Vertical Farm Agrifacture USA Ltd Henderson Street Address 58 Pot Shoals Road Address Line 2 aty Saluda Postal / Zip axle 28773 Is this a transportation project?* r Yes r No State / Province / Pegion NC Country United States Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Kaylie Yankura Please give a brief project description below.* To install culvert to build bridge to gain access onto lower part of property for Vertical Controlled Environmental Agriculture and one single residence. Please give a couple of dates you are available for a meeting. 10/15/2020 Please attach the documentation you would like to have the meeting about. pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 10/11/2020