20061589 Ver 1_401 Application_20061006

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Wetland and Natural Resource :``*. ~~:`.;~~.!
Consultants, Inc. :~~:`:«"::
2 0 0 6 1 5 8 8 September 29, 2006
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Mr. Steve Lund Mr. Kevin Barnett
US Army Corps of Engineers NC Division of Water Quality
151 Patton Avenue, Room 208 2090 US Highway 70
Asheville, North Carolina 28801 Swannanoa, North Carolina 28878
Re: Livesey Development, LLC
Swannanoa River Road Tract (+/- 3 acres)
Buncombe County, North Carolina
Steve and Kevin:
The attached Pre-Construction Notification (PCN) is being submitted on behalf of
Mr. Steve Livesey of Livesey Development, LLC. Livesey Development, LLC is
proposing a commercial development on approximately 3 acres in Asheville, North
Carolina and is seeking permit authorization under Nationwide Permit 39 for the
development of a commercial building and associated infrastructure.
Should you have any questions regarding the attached PCN and supplemental
information do not hesitate to contact me at 828-713-1930.
Best regards,
Rebekah L. Newton
Enclosures
Project Summary Sheet
PCN Form
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Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax

Project Site Plan and Impact Map
Topo, Aerial, Vicinity, and Tax Maps (5)
Agent Authorization Form
NCDWQ Stream Classification
Mitigation Maps (2)
Photos
*Should you not receive the above attachments with this correspondence,
please contact us immediately so that we may provide this supplemental
information.**
Cc: David McHenry - NC Wildlife Resources Commission
Cyndi Karoly -NCDWQ; Raleigh (5 copies)
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax

Project Summary Sheet for the Corps
Owner/Applicant
Name:
Mailing Address:
Phone Number:
Mr. James P. Livesey
Livesey Development, LLC
8509 Broxburn Lane
Washaw, North Carolina 28173
704-243-3227
Street Address of Project: near intersection of Swannanoa River
Road and Governors View Road
Nearest Waterway: UT Swannanoa River
River Basin: French Broad River Basin
Nearest City: Asheville
County: Buncombe County
Decimal Degree Coordinate Location of Project Site: 35.578413 N
82.512186 W
USGS Quadrangle Name: Asheville

Office Use Only' Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter ~~lvot .vppncante or -ivi.~-~ .~
I. Processing
Check all of the approval(s) requested for this project: '~' ° ~~
®Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
~C~~ ~ p
II. Applicant Information
O C T 2 2006
1. Owner/Applicant Information
Name: Mr James Livese DENR - WATER gUALf7Y
Mailing Address: Livesey Development LLC ~~.~'Qa~S7C~R!t~V?.~tSRA~ICR-
8509 Broxburn Lane
Waxhaw North Carolina 28173
Telephone Number: 704-243-3227
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Rebekah Newton
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton North Carolina 28716
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
E-mail Address: rebekah(a~wetland-consultants.com
Fax Number:
Updated 11/1/2005
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Livesey Development
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 5977.7847, 9914
4. Location
County: Buncombe Nearest Town: Asheville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Site is located at the intersection of Swannanoa River Road and Governors View Road across
from the Wal-mart Supercenter..
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.578413 °N 82.512186 °W
6. Property size (acres): 3.11 acres
7. Name of nearest receiving body of water: UT Swannanoa River
8. River Basin: French Broad River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been partially developed. There are several
buildings and associated parking areas on site.
Updated 11/1/2005
Page 2 of 9

10. Describe the overall project in detail, including the type of equipment to be used:
The project will include the construction of a commercial building and associated
infrastructure such as parking_
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
access to enough high ground to facilitate the construction of a commercial building and
parkin¢ area
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules. This site has no prior project history.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated 11/1/2005
Page 3 of 9

1. Provide a written description of the proposed impacts: Proposed impacts on site will include
the installation of a culvert totaling approximately 215 linear feet and the possible
r_placement of approximately 105 linear feet of culvert.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
n/a

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi ly len h X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width

Before Impact Impact
Length

(linear feet) Area of
Impact

(acres)
1 UT Swannanoa Culvert P 2 215 0.0099
2 UT Swannanoa Culvert
Replacement P 2 105 0.0048

Total Stream Impact (by length and acreage) 320 0.0147
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
Updated 11/1/2005
Page 4 of 9

n/a
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0147
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.0147
Total Stream Impact (linear feet): 320
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): no pond is proposed
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The developer has avoided
impacts to 94 linear feet of stream on site even though the site is only 3.11 acres. The parcel of
land being developed is zoned for commercial business. The commercial building that is
proposed for this site has to be situated outside of the FEMA floodway. Because of this
requirement the onlyplacement option for the building is at the back of the lot. Zoning
requirements also dictate the minimum number of parking spaces required for a commercial
Updated 11/1/200
Page 5 of 9

development. When taking into account the need to stay out of the floodway and the minimum
number of parking spaces required for this development the only reasonable configuration for
the development is that which is proposed.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc. us/ncwetlands/strmgide.html .
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
On-site impacts will be mitigated for at an off-site location The chosen mitigation site is an
unnamed tributary to Cane Creek located near the intersection of Howard Gad Road and
Fletcher View Drive, adjacent to the Fletcher Elementary School Latitude and Lon ig'tude
for the site are 35.408738 and 82.496079 respectively Mitigation at that location will
consist of the restoration of two hundred fifteen linear feet of stream These miti ag tion
credits will be utilized to offset impacts at the proposed development Site specific plans
have not vet been developed for this site the developer wants to field comments regardi~
Updated ] 1/1/2005
Page 6 of 9

the off-site miti;ation before full design continues. Pending positive feedback, those plans
will be forwarded to the Corps and DWQ once they become available.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Updated 11/1/2005
Page 7 of 9

2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ,_______ r.....~ Multiplier ~,~:~,~~~,~_
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone Z extends an
additiona120 feet from the edge of Zone 1.
If buffer mitigation is required, please
Donation of Property, Riparian Buffer
discuss what type of mitigation is proposed (i.e.,
Restoration /Enhancement; or Paymer.
Riparian Buffer Restoration Fund). Please attach all appropriate information as
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Stormwater generated on site will be treated by a
stormwater retention pond located in the northeastern-most corner of the property. This facility
will not impact the remainingt 94 linear feet of stream on site.
XII. Sewage Disposal (required by DWQ)
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.
This commercial development will utilize the municipal water supply and sewer system. This
commercial development will impose nePli~ible demand on the municipal sewer and water
supply.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
into the
identified
Updated 11/1/2005
Page 8 of 9

Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The parcel proposed for development is one of a very few parcels in that area that remains
undeveloped. There are existing structures on site. This project will not result in additional
development which could impact nearby downstream water quality.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
A portion of this property is located within the FEMA designated floodway. Development in
this area is prohibited; which has significantly limited development layouts. The layout
proposed is the most practical considering floodway and zoning ordinances.
-K-~-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated ] 1/1/2005
Page 9 of 9

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Date: 9/25/2006 Caption: Livesey
Scale: 1 inch equals 4000 feet Buncombe County
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Buncombe County
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Name: FRUITLAND Location: 035.4099555°N 082.4971313°W
Date: 9/27/2006 Caption: Livesey Off-site Mitigation
Scale: 1 inch equals 1000 feet