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HomeMy WebLinkAbout20130292 Ver 1_401 Application_20131113o�OF W ATFRQG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 & 18 or General Permit (GP) number: 1 c. 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 1 e. 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 1 h 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: Thorns Estate 2b. County: Buncombe 2c. Nearest municipality / town: Asheville 2d. Subdivision name: Thorns Estate 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Gated Communities of Asheville, LLC 3b. Deed Book and Page No. 4969/0145 3c. Responsible Party (for LLC if applicable): Ron Brittian 3d. Street address: 2323 NE Marlberry Ln 3e. City, state, zip: Jensen Beach, FL 34957 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 15 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: John Vilas 4c. Business name (if applicable): ENV -ECS, Inc. 4d. Street address: 3764 Rominger Rd 4e. City, state, zip: Banner Elk, NC 28604 4f. Telephone no.: 828 - 297 -6946 4g. Fax no.: 828 - 297 -1982 4h. Email address: john @env - ecs.com 5. Agent/Consultant Information (if applicable) 5a. Name: John Vilas 5b. Business name (if applicable): ENV -ECS, Inc. 5c. Street address: 3764 Rominger Rd. 5d. City, state, zip: Banner Elk, NC 28604 5e. Telephone no.: 828 - 297 -6946 5f. Fax no.: 828 - 297 -1982 5g. Email address: john @env - ecs.com Page 2 of 15 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): 9740 -77- 0484 -00000 1 b. Site coordinates (in decimal degrees): Latitude: 35.644N Longitude: 82.545W - (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 82 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Beaverdam Creek 2b. Water Quality Classification of nearest receiving water: C 2 F c. River basin: French Broad Page 3 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 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: This Project may be characterized as a revitalization Project for a failed development. The Project site is currently partially developed as a single family residential development. The total project area is approx. 82 acres. Within this area are 72 platted lots in Phases 1 (30 lots) and 2 (42 lots). These lots are served by paved roads with utilities and other infrastructure in place. Phases 1 and 2 cover roughly 38 acres including roads and common area. The remaining 42 acres of the development is partially disturbed, undeveloped land. Disturbance within the 42 acres consists of graded trails, material storage areas, and a stockpile area for excess soil. The Thoms Estate project is located in North Asheville, an area with a long g istory of development and is rag dually becoming more urbanized. Surrounding properties are mostly developed and include a golf course, low, medium and high density residential areas. The project site is located on the southern slopes of the Elk Mountains and eg nerally has a southern aspect. Elevations on the site range from about 2530 in the northern portion at the upper end of UT- beaverdam creek, to about 2130 in the southeastern portion at Beaverdam Creek. UT- Beaverdam Creek flows from north to south through the site, two other smaller drainages converge with this tributary from the west, both of these are ephemeral or dry. Beaverdam Creek (Class C) flows from east to west in the southeastern portion of the site. Two drainages converge with Beaverdam Ck. from the north (both unnamed). Spooks Branch flows into Beaverdam Ck. from the south. Soil types through most of the site are Evard -Cowee complex on the slopes and Tate in the valleys. In the southern portion of the site, Clifton soils are predominant with some Tate and Udorthents in the valley floor. There are no mapped hydric soils on the site. 3b. List the total estimated acreage of all existing wetlands on the property: 0.23 acres in 7 wetland units all in UT- Beaverdam Ck drainage (does not include a delineation of southeastern portion of site, which is already developed and was delineated by others in 2008. ) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The project site contains approximately 2278 linear feet of stream channel in 3 streams. (streams in southern part of site were not investigated in detail as part of this permit process, these streams were delineated by others in 20081 3d. Explain the purpose of the proposed project: The project purpose is to complete a single family residential development project started by others in 2008 but halted during the economic downturn. Page 4 of 15 PCN Form — Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: Project Description General: The Thoms Estate Project is a mid to uper ran ge single family residential development Project located in North Asheville. The Project was started in 2008 by others and shut down in 2010 due to financial difficulties. The project was repossessed by the bank in 2010 and for about a year and a half. the bank funded the completion of City of Asheville and HUD requirements, on the developed portion, in an effort to make the project attractive to a prospective buyer. In 2012, the current Applicant purchased the project with the intent of completing the original plan, with modifications, to account for the changed economic climate. The Thoms Estate project includes 5- residential phases and an amenity phase, residential Phases 1, 2, and 3A are basically completed with paved roads and virtually all required infrastructure. Phases 3B and 4 have been rough graded in areas with no completed project elements. The amenity phase has not been completed. The focus of this PCN is to obtain permits to complete Phases 3B, 4 and the amenity phase. Phase 3B will include 1165 feet of subdivision road serving g 7 single family lots. Phase 4 will include 3100 feet of subdivision road serving 33 lots and 245 feet of private drive serving 2 lots. The amenity areas include a pavilion with parking, gardens, outdoor event area, picnic facilities, restrooms, and a playground. In addition there will be a soccer field and basketball court. A walking trail will wind throughout the development. Previous USAGE Authorizations: The previous developer obtained a NWP -29 authorizing impacts to 0.83 acres of wetlands and 135 linear feet of stream channel on UT- Beaverdam Ck. for the construction of road crossings and amenities. The previous developer also received approval to replace approximately 1055 linear feet of existing half -pipe with buried round pipe; the location of this 1055' of pipe replacement is on UT- Beaverdam Ck. from about 217' north of the southern property boundary, north for 1055 linear feet. Previous Work Completed: Between 2008 and 2010 the previous owner replaced the half -pipe and installed approximately 150 linear feet of additional pipe in UT- Beaverdam Creek (15 linear feet of this pipe was not authorized under the NWP -29 obtained by previous owner). Current Proposed Work: The current Applicant proposes to remove the unauthorized pipe and 85 linear feet of additional pipe to reclaim approximately 110 linear feet of UT- Beaverdam Creek below Wetland Unit -1. The old stream channel will be restored in this area and will be surrounded by a vegetated buffer. The channel will be designed using natural channel design concepts (see Stream Reclamation Plan for details). Impact Site l: A new road crossing is proposed at the location of the existing 25 -foot long pipe between wetlands W -1 and W -3, the proposed pipe length at this crossing will be 85 feet, so total new permanent impacts at this location will be 60 linear feet. Installation of a grade control log just upstream of the pipe will cause temporary impacts of additional 4 -linear feet. A portion (1292 sq.ft.) of wetland W -1 will be impacted at this location as well. Impact Site 2: Construction of a SWM BMP (Rain Garden 43) will impact all of Wetland Unit -2. This 1164 sq.ft. impact will be covered under a NWP -18. Impact Site 3: Construction of a proposed soccer field will impact all of Wetland Unit -6 (684 sq.ft. Impact Site 4: Construction of a small subdivision road will impact all of Wetland Unit -5 (359 sq.ft. Completion of project Page 5 of 15 Typical earth moving equipment will be uRdNalsoyar-t\QfrssiWl.&N)ol optrot iyorsiwkhoe, bulldozer, and dump truck. 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? Comments: In 2008, under direction of previous owner, wetlands and streams were delineated for portion of the site, ® Yes ❑ No ❑ Unknown no maps or data is available to current owner. In 2012 current owner hired ENV -ECS, Inc. to delineate undeveloped (northern) portions of site. 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary El Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): John Vilas /Sean Martin Agency /Consultant Company: ENV -ECS, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site meeting with USACE 9 -12 -2012 reviewed wetlands W -1 to W -7 and UT- Beaverdam Creek. See attached data sheets and JD forms. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. In 2008, the Previous developer (Global Resources) obtained a NWP -29 authorizing impacts to 0.83 acres of wetlands and 135 linear feet of stream channel on UT- Beaverdam Ck. for the construction of road crossings and amenities associated with Thoms Estate. The previous developer also received approval to replace approximately 1055 linear feet of existing concrete half -pipe with buried round pipe; the location of this 1055' of pipe replacement is on UT- Beaverdam Ck. from about 217' north of the southern property boundary, north for 1055 linear feet (see Stream and Wetland Delineation Map). After Global Resources went bankrupt, in 2010, BB &T assumed ownership. In 2010, BB &T, acting through Atlas NC, extended the existing NWP -29 and completed /repaired phases 1, 2, and 3A of the Thoms Estate Project. The extended permits expired on 3 -18 -2012. The current Applicant does not have copies of any permits or maps showing the location of previously authorized impacts. Lori Beckwith (USACE - Asheville) acted as project manager for the Army Corps and coordinated with the previous owners. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The Thoms Estate project includes 5- residential phases and an amenity phase, residential Phases 1, 2, and 3A are basically completed with paved roads and virtually all required infrastructure. Phases 3B and 4 have been rough graded in areas with no completed project elements. The amenity phase has not been completed. The focus of this PCN is to obtain permits to complete Phases 3B, 4 and the amenity phase. Page 6 of 15 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 Page 7 of 15 PCN Form — Version 1.3 December 10, 2008 Version 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 Fill /pipe (NWP -29) Non -Tidal El Yes ® Corps .030 Freshwater Marsh ® No ® DWQ W1 ❑ P ®T Temp disturbance Non -Tidal ❑ Yes ® Corps .001 Freshwater Marsh ® No ® DWQ W2 ® P ❑ T Fill (NWP -18) Non -Tidal ❑ Yes ® Corps 027 Freshwater Marsh ® No ® DWQ W3 ® P ❑ T Fill (NWP -29) Non -Tidal ❑ Yes ® Corps .016 Freshwater Marsh ® No ® DWQ W4 ❑ P ❑ T Eliminated Non -Tidal ❑ Yes ® Corps 0 Freshwater Marsh ® No ® DWQ W5 ®P ❑ T New Fill (NWP- Non -Tidal ❑ Yes ® Corps 18) Freshwater Marsh ® No ® DWQ .008 2g. Total wetland impacts .082 2h. Comments: W1 is riparian and has formed in the bed of an old farm pond. W2 is also riparian and located in the same old pond bed as W1; W2 is separated from W1 by an area of uplands. W2 will be impacted by construction of a stormwater BMP and Applicant seeks to authorize this impact through NWP -18. W3 is non - riparian and has formed in a depression, it is fed by an adjacent spring /seep. W4 is non - riparian and has formed at the upper end of an ephemeral drainage. W5 is non - riparian and formed in a depression along an ephemeral drainage, the impacts are associated with a SWM BMP and, therefore, authorization under NWP -18 is requested. 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 — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T pipe UT -B Ckerdam ® PER ® Corps 9 60 ❑ INT ® DWQ S1 ❑ P ®T Temporary UT- Beaverdam ® PER ® Corps 9 4 Disturbance Ck. ❑ INT ® DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 64 3i. Comments: UT- Beaverdam Creek is a low quality stream at the point of impact. USACE Stream Quality Assessment Score = 48. Impact site is within footprint of old farm pond. Channel lacks bedform and profile diversity, bed material is nearly all silt. Proposed permanent impacts are associated with a 48" pipe for a road crossing. Temporary impacts are associated with the installation of a grade control log at the upstream invert to the pipe. An existing 25 -foot long pipe is within footprint of proposed impact; this existing pipe will be removed and replaced. Total pipe length is 85 feet. In addition to the proposed new pipe, the Previously installed unauthorized pipe and approximately 85 feet of pipe authorized by NWP -29 (installed by previous owner) will be removed and the stream restored to natural condition. The following table shows each of the impacts and reclamation activities and shows a total net impact of 114 linear feet. Page 8 of 15 PCN Form — Version 1.3 December 10, 2008 Version Thorns Estate PCN Stream Impact Table Date Action Impact Impact Status Type Quantity 2008 NWP -29 issued to previous owner Stream pipe 135 lin -ft Completed 2008 Unauthorized by previous owner Stream pipe 15 lin -ft Completed 2013 Remove unauthorized Stream -15 lin -ft Proposed pipe impact, restore channel 2013 Remove approx. 85' of Stream -85 lin -ft Proposed pipe installed in 2008 restore channel 2013 Install new 85 -ft long pipe for road Stream pipe 64 lin -ft Proposed crossing over existing 25 -ft long pipe includes 4 lin -ft of temporary impact TOTAL Stream impacts permitted under Stream 114 lin -ft Proposed NWP -29 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 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑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. I 5b. I 5c. 5d. 5e. Pond ID number Wetland Impacts (acres) I Stream Impacts (feet) Proposed use or purpose of pond I Flooded Filled Excavated I Flooded I Filled Excavated 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): Upland (acres) Flooded Page 9 of 15 PCN Form — Version 1.3 December 10, 2008 Version 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. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6b. Buffer impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 ❑P ❑T F-1 Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T F-1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The Thoms Estate Project was initiated by others in 2008. The Project was abandoned during the economic downturn and subsequently repossessed by the bank. The current Applicant has Purchased the Project from the bank and intends to complete the original plan with only minor modifications. Because the all the planning and local approvals were completed by others, and about 45% of the roads and infrastructure have been constructed (at least partially) the current Applicant has had only minimal opportunity to adjust the basic Master Plan without initiating a new application and approval process with the local government. The site contains about 2278 linear feet of stream corridor with only one stream crossing proposed. This crossing has been located over the footprint of an existing 25 -foot long pipe thereby reducing impacts to open stream channels from proposed new construction. This is the result of a well designed site plan. All the major stream corridors have been placed in common areas with intact buffers. Of the four proposed wetland impacts, two are small non - riparian wetlands of low quality; both of these formed in areas of past disturbance. Only W1 and W2 are riparian wetlands, both of which formed in the bed of an old farm pond. Only about 25% of W1 is to be impacted. A grade control log will be installed upstream of the proposed pipe at S1 to prevent headcut formation and subsequent impacts to streams or wetlands above. The previous owner /developer obtained a NWP -29 to impact 135 linear feet of UT- Beaverdam Creek, however, a site investigation revealed that past impacts were approximately 150 linear feet. The current Applicant proposes to remove 100 linear feet of pipe on UT- Beaverdam Ck. and restore the channel to an open, stable and natural state. This action will effectively eliminate 100 linear feet of stream impact caused by the previous developer. The proposed road crossing will cause 60 linear feet of new impact but the total stream impact on the site will be reduced from 150 linear feet to 110 linear feet. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The installation of the proposed pipe at S1 /W1 will be performed in the dry. UT- Beaverdam Ck. at this Page 10 of 15 PCN Form — Version 1.3 December 10, 2008 Version location is small enough to pump flow around the work area. A grade control log will be installed upstream of the proposed pipe to prevent headcutting. Construction of the reclaimed reach of UT- Beaverdam Ck will also be performed in the dry. A temporary diversion pipe or open lined diversion channel will be used to maintain flow until the reclaimed channel is stabilized. Grade control logs will be installed in the new channel approximately every 20 linear feet to prevent headcutting, 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 ®Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 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: NO 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.140 acres 4f. Non - riparian wetland mitigation requested: 0.024 acres (will be mitigated as riparian per EEP letter) 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: The project involves impacts to a total of 0.164 acres of wetlands. This includes 0.083 acres of wetland impact completed by previous owner /developer and 0.081 acres proposed by current applicant. The location and quality of the Previously impacted wetlands are unknown. The currently proposed wetland impacts will occur in 4 separate areas, all of which are of low to medium quality (see photo sheets). WAM scores for each of the 4 wetland units was low (see attached WAM sheets). Given that the proposed impacts to wetlands will occur in lower quality wetlands the Applicants requests a 1:1 wetland mitigation ratio. 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 11 of 15 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 12 of 15 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? ❑ Yes ® No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 22% 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 overall imperviousness of the site exceeds City of Asheville threshold for SWM. A plan to address both water quality (to 85% TSS removal std.) and quantity has been prepared by the project engineer and submitted to the City of Asheville. The initial review of the SWM plan resulted in minor comments, which are being addressed in the final SWM plan. Final approval of this plan is anticipated in the next few weeks. SWM plan sheets are included with this PCN package. The SWM plan includes 8 rain garden (bioretention) BMP's in the Phase 3B and 4 portions of the site. SWM for Phases 1, 2, and 3A was completed by the previous owner /developer. 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? City of Asheville 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): ® Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Plans are attached but final approval has not vet been received. ❑ Yes ® No 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No Page 13 of 15 PCN Form — Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No 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 2B .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. 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. The project site is served by the City of Asheville for both water and sewer. Page 14 of 15 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? F-1 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? USFWS online database for T &E species by county 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 IMS digital database: ocean.floridamarine.org 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? NC SHPO database: gis.ncdcr.gov /hpoweb/ 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? A portion of the project site lies within the 100 year floodplain, however, this area has ❑ Yes ® No been designated as common area and no land disturbing activities or impacts to jurisdictional waters will occur in this area. 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Emergency Mgmt floodplain mappping website: Flood maps.nc.gov /FMIS Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 15 of 15 PCN Form - Version 1.3 December 10, 2008 Version