HomeMy WebLinkAbout20220041 Ver 1_ePCN Application_20220104fr.,f DW R
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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
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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
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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