Loading...
HomeMy WebLinkAbout20220041 Ver 1_ePCN Application_20220104fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* Version#* 20220041 1 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Kaylie Yankura:eads\kyankura Information for Initial Review 1a. Name of project: B&F Ceramics la. Who is the Primary Contact?* Michelle Measday 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* mmeasday@ecslimited.com (919)441-2437 Date Submitted 1 /4/2022 Nearest Body of Water Brandy Branch Basin French Broad Water Classification WS-III Site Coordinates Latitude: Longitude: 35.330853 -80.751759 A. Processing Information u County (or Counties) where the project is located: Henderson Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Joseph W. Wright Jr and Jane H. Wright 2b. Deed book and page no.: 001004 and 00223 2c. Contact Person: 2d.Address Street Address 229 Pine Shadow Drive Address Line 2 City Hendersonville Postal / Zip Code 28793 2e. Telephone Number: (828)551-2578 2g. Email Address: jsamsbroker@gmail.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA 2f. Fax Number: Yes No Yes No U 3. Applicant Information (if different from owner) 3a. Name: Michael E. Fick 3b. Business Name: BFCMD, LLC 3c.Address Street Address 2005 International Parkway Address Line 2 City State / Province / Region Fredericksburg VA Postal / Zip Code Country 22406 USA 3d. Telephone Number: 3e. Fax Number: (540)286-3000 (540)286-3008 3f. Email Address:" mikef@bfceramics.com 4. Agent/Consultant (if applicable) 4a. Name: Michelle Measday 4b. Business Name: ECS Limited Southeast, LLP 4c.Address Street Address 5260 Greens Dairy Road Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27616 USA 4d. Telephone Number: 4e. Fax Number: (919)441-2437 4f. Email Address:" mmeasday@ecslimited.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Mills River 2. Project Identification 2a. Property Identification Number: 2b. Property size: 9631425811 12.49 2c. Project Address Street Address 5181 Boylston Highway Address Line 2 City State / Province / Region Mils River NC Postal / Zip Code Country 28759 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Brandy Branch 3b. Water Resources Classification of nearest receiving water:* WS-III 3c. What river basin(s) is your project located in?* French Broad 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 vicinity of the project at the time of this application: The subject property is identified by the Henderson County Geographic Information System (GIS) as Parcel Identification Number (PIN) 9631425811 and is owned by Joseph Wright. The subject property is approximately 12.49 acres in size and currently consists undeveloped, lightly wooded land and fields. The property is surrounded by agricultural fields, residential and commercial uses. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.244 4g. List the total estimated linear feet of all existing streams on the property: 247.78 4h. Explain the purpose of the proposed project: * The purpose of the development is to construct a 65,700-SF warehouse for B & F Ceramics. The development also includes two pad sites, 27,000-SF and 33,000-SF for future retail/commercial uses. In addition, site improvements include driveway access to Boylston Highway, vehicular parking, loading dock, interior access drives, infrastructure improvements, landscaping, lighting, and stormwater management measures. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed project will introduce approximately 6.18 acres of impervious cover to the 12.51-acre site or 49.4 % of built upon area. impervious cover. Stormwater management measures include the construction of two bioretention cells that will collect stormwater from the newly created impervious areas introduced by the project. Design of the stormwater management measures meet State design standards and will be reviewed and approved by the Town of Mills River. Mills River has been delegated authority to review the proposed stormwater management measures by the State. The development will be constructed via standard construction procedures. Proper erosion and sediment control measures would be utilized and maintained throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-01627 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ron Johnson Agency/Consultant Company: ECS Southeast, LLP Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR November 3, 2021 6. Future Project Plans 6a. Is this a phased project?* Yes 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction U 2. Wetland Impacts 2a1 Reason (1) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested' 2f. Type of Jurisdicition"` 29• Impact area F7] Fill L Headwater Forest W1 Yes Corps 0.244 ac es) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.244 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.244 11 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type" (?) 3f. Type of Jurisdiction" 3g. S. width* 3h. Impact length" fl Parking Lot/Fill Permanent Other S1 Intermittent Corps h;;;J�:] 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 248 3i. Total stream and ditch impacts: 248 3j. Comments: 0.011-ac E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: WGLA Engineering was tasked with avoiding/minimizing impacts to onsite wetland and stream resources, while balancing grading and minimizing export of fill from the site. Due to extensive grading required to create level building pad sites for the warehouse and retail/commercial buildings, extensive export of fill would be required, and the development deemed financially infeasible. As a result of balancing fill and minimizing export, impacts to wetlands/streams were unavoidable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Appropriate construction techniques will be used, and erosion control measures will be implemented to minimize siltation, sedimentation, and other impacts. Efforts will be made before, during, and after construction to minimize the extent and duration of project -related disturbances to downstream water resources. The construction techniques shall be conducted in accordance with North Carolina Department of Environment and Natural Resources standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment and erosion control during roadway development activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No U 4b. Stream mitigation requested: (linear feet) 0 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.244 4g. Coastal (tidal) wetland mitigation requested: (acres) F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The site is not adjacent to any State mandated buffered streams 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes 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? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management programs) apply: Local Government State Local Government Stormwater Programs Phasell NSW USMP Water Supply Please identify which local government stormwater program you are using. Mills River Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes 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)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The is a complete stand alone project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated at the site will be handled by the City of Hendersonville and the Metropolitan Sewerage District. 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP and USFWS IPaC 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Essential Fish Habitat 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* See attached NCSHPO GIS imagery. See attached Archaeological Survey performed for the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA Firm Map Service Center GIS viewer and attached figures. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 1 - ORM Form.pdf 818.92KB 3a - SIGNED Non -Owner Consent Form _2022-01-04_174327.pdf 192.09KB 31b - Agent Authorization form for ECS SIGNED BY JOE WRIGHT JR.pdf 1.8MB 4 - B&F Ceramics Site Plan 1-3-22.pdf 551.99KB 5 - SAW-2021-01627.pdf 1.29MB 6- Species List_ Asheville Ecological Services Field Office.pdf 677.25KB 7- MA Documentation Letter_ Northern Long -Eared Bat (NLEB) Consultation an.pdf 247.04KB 8 - Boylston_highway_site NHP Response.pdf 888.65KB 9 - SHPO Response Letter.pdf 175.48KB 10 - ACC Archaeological Survey 2021-December.pdf 6.84MB 11 - B and F Ceramics DIMS Acceptance Letter 2021-Dec-30.pdf 408.43KB File must be PDF or KMZ Comments Signature U 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: Michelle Measday Signature M,G'A,_//e / ,,6Sd_31 Date 1 /4/2022