20140172 Ver 1_401 Application_20140214

CLearWaLer
2 0 1 4 0 1 7 2
C1earWater Environmental Consultants, Inc.
www.cwenv.com
February 19, 2014
Mr. William Elliot
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC Division of Water Resources
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Empire Distributors ( +/ -28 Acres)
Henderson County, North Carolina
Mr. Elliot and Ms. Higgins,
The attached Pre - Construction Notification (PCN) is being submitted on behalf of Empire
Distributors of North Carolina, Inc. represented by Mr. Kahn. The proposed sewer and water
alignment is located off Broadpointe Dr. in Mills River, Henderson County, North Carolina.
Empire Distributors is seeking a Nationwide Permit 12 for installation of the proposed sewer line
and water line.
A copy of this package has been sent to Mr. Doug Besler of the NC Wildlife Resources
Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of
this application has also been submitted to Mr. Tim Fox of the NC Division of Water Resources,
Asheville Regional Office. Please do not hesitate to contact me at 828- 698 -9800 if you have any
questions or comments.
Respectfully,
1
�V
Kevin Mitchell
Biologist
Copy Furnished:
NC Division of Water Resources, Asheville — Tim Fox
NC Wildlife Resources Commission — Doug Besler
US Fish and Wildlife Service — Bryan Tompkins
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828- 698 -9003 Fax
A C le�rL Riddle
R. .S -
R. C ,
Principal
F�FRR 2 [0 14
nTFI, .::, LITY
Wanda b Su.y{,��..w

Corps Submittal Cover Sheet
Please provide the following info-
1 Project Name: Empire Distributors
2 Name of Property Owner /Applicant: Empire Distributors of North Carolina, Inc.
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): none
5. Site Address: Broadpointe Drive
6. Subdivision Name: n/a
7. City: Mills River
8. County: Henderson
9. Lat: 35 423866N Long: - 82.554887W (Decimal Degrees Please
10. Quadrangle Name: Skyland
11. Waterway- UT McDowell Creek, McDowell Creek
12. Watershed: Upper French Broad 06060105
13. Requested Action:
X Nationwide Permit # 12
General Permit #
Jurisdictional Determination Request
Pre - Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:

CwarWaLer
Department of the Army NCDENR
Wilmington District, Corps of Engineers NC MR, Webscnpe Unit
Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604
I, (lie current landowner /managing partnei of the property identified below, hereby
authorize C1earWater Envitonmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of jurisdictional determination requests and permits to impact
Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the
Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USACE
or DWR.
Additionally, I authotize representatives of the Wilmington District, US Army Corps of
Enginceis to enter upon the property herein described for- the purposes of conducting on-
site Investigations and issuing a determination associated with Wetlands and Watels of
the US subject to Federal jurisdiction under Section 404 of tine Clean Water Act and /or
Section 10 of the Rivers and Harbors Act of 1899.
Properly Owner of Record: °�Yt? �fl 1 1(t�lJ�,1117 5 OF N01A w0 �t�� (I, e.
Property Ownei of Address: �Jt� �J eC61VOI ivtd 4A.
-- Ck iM e/ �4. �, 28'723
Phone Number: —704— tjee— q4iv3
Pr operty Location: 5vo dC(<1 O j y�Y��' y�-- Ki * mi ev
Owner/Managing Partner n � ��� � ���
Printed Name: a ""
Owner/Managing Partner Signature:�
Date: ,2 ( 4
224 South Grove Street, Suite F
Hendersonville, NC 28792
Phone: [phone]

OaOF W A T4 9'9
y r
Office Use Only.
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Pre - Construction Notification PCN Form
A. Applicant Information
1. Processing
la Type(s) of approval sought from the
Corps:
® Section 404 Permit ❑Section 10 Permit
1b Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number
1c 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
1e 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 1h
below
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project
Empire Distributors of North Carolina, Inc
2b County:
Henderson
2c Nearest municipality / town
Mills River
2d Subdivision name.
n/a
2e. NCDOT only, T I.P. or state
project no:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
Empire Distributors of North Carolina, Inc.
3b Deed Book and Page No.
1553/234
3c. Responsible Party (for LLC if
applicable)*
Michael A. Kahn
3d. Street address:
13833 Carowinds Blvd
3e. City, state, zip-
Charlotte, NC 28723
3f. Telephone no.:
704- 588 -9463
3g Fax no.:
3h. Email address
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a. Applicant is
❑ Agent ❑ Other, specify
4b
Name
4c
Business name
(if applicable).
4d. Street address
4e
City, state, zip.
4f
Telephone no.
4g
Fax no
4h
Email address
5.
Agent/Consultant Information (if applicable)
5a
Name
Mr. Clement Riddle
5b
Business name
(if applicable)-
Clearwater Environmental Consultants, Inc
5c. Street address
224 South Grove Street, Suite F
5d
City, state, zip:
Hendersonville, North Carolina 28792
5e. Telephone no..
828 -698 -9800
5f.
Fax no.
n/a
5g
Email address*
Clement @cwenv com
Page 2 of 11
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).
9642 -18 -5150
1b Site coordinates (in decimal degrees).
Latitude 35 423866 Longitude: -82 554887
(DD DDDDDD) ( -DD DDDDDD)
1c. Property size:
+/ -28 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc ) to
McDowell Creek and unnamed tributaries
proposed project:
2b Water Quality Classification of nearest receiving water.
All receiving waters are class "C"
2c. River basin,
Upper French Broad 06010105
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.
Land use within the project boundary is agricultural row crops and hay production Land use within the vicinity is
agriculture, residential, and commercial
3b. List the total estimated acreage of all existing wetlands on the property,
0 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
60 linear feet
3d. Explain the purpose of the proposed project
The purpose of this project is to provide Empire Distributors of North Carolina, Inc. with a new 8 inch sanitary sewer line
and a 10 inch water line.
3e. Describe the overall project In detail, including the type of equipment to be used
The project includes the installation of a new water line and sewer line from the proposed budding to Broadpomte Drive
The lines will parallel Broadpointe Drive and join with existing lines on the south side of McDowell Creek. The project will
include two stream crossings (Figure 3)
Stream Crossings — The two stream crossings will be installed using the trench -cut method. The trench -cut method
involves dewatenng the work area and excavating a trench in which the water and sewer lines are laid. The lines are
then covered with the native materials removed from the trench and the contours are returned to pre - existing conditions.
In this method, stream impacts are temporary Typical details for stream crossings are included for review (Attachment
A)
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b If the Corps made the jurisdictional determination, what type
❑ preliminary ❑ Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company -
Name (if known):
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

5. Project History
5a Have permits or certifications been requested or obtained for
this project (including all pnor phases) in the past?
❑ Yes ® No ❑ Unknown
5b If yes, explain in detail according to "help file" instructions
6. Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes, explain
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
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
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
[I No
El DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [IT
❑ Yes
❑ Corps
❑ No
I ❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments
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
Impact #1– Utility
Crossing
McDowell Creek
® PER
❑ INT
® Corps
® DWQ
20
25
S2 ❑ P ®T
Impact #2– Utility
UT McDowell
® PER
® Corps
12
25
Crossing
Creek
❑ 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
50
31. Comments
Page 5 of 11
PCN Form – Version 1 3 December 10, 2008 Version

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
TeMDorary T
01 ❑P ❑T
02 ❑ P ❑T
03 ❑P [IT
04 ❑ PEI T
4E Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b
5c.
5d.
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
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).
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
❑ Neuse El Tar-Pamlico El Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c.
6d
6e.
6f.
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required
131 ❑P [IT
❑Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
133 ❑P ❑T
❑Yes
❑ No
6h Total buffer Impacts
61 Comments:
Page 6 of 11
PCN Form — Version 1 3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The sewer line and water line will be placed beneath the stream dust upstream of the road. The lines will be trenched in and
stream contours will be returned to preexisting conditions. Rock will be placed In the channel for stabilization at the crossing,
however, the finished top elevation of the dprap will not exceed that of the original stream bed. Stream impacts are limited to
the amount necessary to install the lines (25 Linear feet at each crossing) Both sewer and water lines will be installed in the
same trench.
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
The installation of the proposed sewer and water line crossings should take less than one day to install Construction
equipment will be operated from high ground during construction
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 — Attachment E
4b. Stream mitigation requested.
0 linear feet
4c. If using stream mitigation, stream temperature.
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e Riparian wetland mitigation requested:
0 acres
4f. Non - ripanan wetland mitigation requested.
0 acres
4g. Coastal (tidal) wetland mitigation requested
0 acres
4h. Comments:
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 7 of 11
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 8 of 11
PCN Form — Version 1 3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
Approximately 42 %
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 -
A stormwater management permit application was approved by the NCDENR Division of Energy, Mineral, and Land
Resources on December 11, 2013 ( Stormwater Permit # SW 1131101). The permit is
for the construction, operation, and
maintenance of the subject project and the stormwater BMPs (Attachment B).
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project? Town of Mills River,
reviewed
by the state of North Carolina
® Phase II
3b
Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other.
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached'?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
® Other:
4b
Has the approved Stormwater Management Plan with proof of approval been
®Yes El No
attached?
S.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been mete
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /statefiocal) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb 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)?
1c If you answered "yes" to the above, has the document review been finalized by the
State Clearing Houser (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWG Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWO Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .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 impac) result in
El Ye ®No
additional development, which could impact nearby downstream water
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
The water line and sewer line will serve the Empire Distributors site Additional development in the surrounding area is
independent of the project The project will not result in additional development that could impact downstream water quality.
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 sewer line is being brought to the property so that the facility will be connected to the existing municipal wastewater
treatment facility.
Page 10 of 11
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
❑ 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?
FWS County data and Natural Heritage Program GIS data.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this protect occur in or near an area designated as essential fish habitat?
FEI 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. Impact will not occur in a marine system
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?
National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available
on SHPO's HPOWEB GIS Service The project site is located within close proximity to the Rugby Grange (SHPO#
HN0042) It is the opinion of CEC, that the sewer line will not threaten the integrity of this site
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b If yes, explain how project meets FEMA requirements. The majority of the project is being constructed outside of the
FEMA floodplain However, installation of the sewer line and water line will occur inside of the floodplain Both utility
lines will be sub - surface and upon completion of construction, contours will be returned to pre -existing conditions
throughout the length of the floodplain. Installation of the line will not result in a rise to the floodplain elevation The
applicant is also required to comply with the Henderson County floodplain ordinance.
8c What source(s) did you use to make the floodplain determination? FEMA Map Service Center. Map Panel 9642, (effective
date 0110612010)
R. C�Q�z��
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only ff an authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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Drawn by: RKM 22.2014; CE& ProjecW35
Henderson County, CearWater Site Vicinity
North Carolina Figure 1
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792

Empire Distributors ( +/- 28 AC)
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224 South Grove Street, Suite F g
Hendersonville, North Carolina 28792

Empire Distributors ( +/- 28 AC)

Empire Distributors ( +/- 28 AC)

Attachment A
Construction Plans

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APGAL ED RREMRAINT DEVICE EOUAL
WILLIAM G. LAPSLEY & ASSOCIATES, PA.
CONSULTING ENGINEERS & LAND PLANNERS
NC License No: C -0556
214 N. King Street
Hendersonville, NC 28742
(828) 687 -7177
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FACE OF RIP -RAP SHALL NOT EXTEND
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Attachment B
Approved Stormwater Management Plan

AT IF
i44 A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E Davis, PE, CPM
Director
December 11, 2013
Pat McCrory, Governor
John E. Skvada, III, Secretary
Mr. Michael A. Kahn, Vice President
Empire Distributors of North Carolina, Inc.
13833 Carow►nds Blvd.
Charlotte, North Carolina 28723
Subject: Stormwater Permit No. SW1131101
Empire Distributors of NC Warehouse Facility - Mills River
High Density Commercial Bio- Retention Project
Henderson County
Dear Mr. Kahn:
The Stormwater Permuting Unit received a complete Stormwater Management Permit Application
for the subject project on November 13, 2013. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in
Title 15A NCAC 2H.1000 and Session Law 2006 -246. We are forwarding Permit No. SW1131101,
dated December 11, 2013, for the construction, operation and maintenance of the subject project
and the stormwater BMPs.
This permit shall be effective from the date of issuance until December 11, 2021, and shall be
subject to the conditions and limitations as specified therein, and does not supersede any other
agency permit that may be required. Please pay special attention to the conditions listed in this
permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions,
procedures for changes of ownership, transferring the•permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater management
system, to record deed restrictions, to follow the procedures for transfer of the permit, or to renew
the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained In this, permit are unacceptable; you have the
right to request an adjud►catory hearing by filing a written petition with the Office of Administrative
Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General
Statutes. Per" NCGS 143- 215(e) the petition must be filed with the OAH within thirty (30) days of
receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a
filing fee is required) and /or the details of the riling process at 6714 Mail Service Center, Raleigh,
NC 27699 -6714, or via telephone at 919 - 431 -3000, or visit their website at www.NCOAH.com
Unless such demands are made this permit shall be final and binding.
After thirty days from the date of this permit, this project will be kept on file at the Asheville
Regional Office. After that time, please contact Jonathan Stepp, Asheville Regional Office,
828- 296 -4500, Jonathan stepjiC@ncdenr- -_, with any questions. in the interim, if you have any
questions, or need additional information concerning this permit, please contact Bill Diuguid at
(919) 807 -6369; or bill.diuguid @ncderfr.gov.
1612 Mad Service Center, Raleigh, North Carolina 27699.1612 • Telephone [phone] / FAX. 919 - 733 -2876
512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet httpl /portal nodenr_or0w2rhand- aualitY
An Equal Opportunity 1 Affirmative Action Employer - 50% Recyded 110% Post Consumer Paper

Mr. Michael A. Kahn, Vice President
Empire Distributors of North Carolina, Inc.
Warehouse Facility - Mills River, Henderson County
SW1131101
December 11, 2013
Sincerely,
Original Signed by William H. Diuguid
William H Diuguid, A1CP, Plans Reviewer
for Tracy E. Davis, P.E., Director
cc: SW1131101 File
ec. William G. Lapsley, P.E., William G. Lapsley and Associates
Laura Herbert, Asheville Regional Office, Land Quality Section, NCDENR DEMLR
Jonathan Stepp, Asheville Regional Office, Land Quality Section, NCDENR DEMLR

State Stormwater Permit
Permit No. SW1131101
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
LAND QUALITY SECTION
STATE STORMWATER_MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Empire Distributors of North Carolina, Inc
Empire Distributors Warehouse Facility
Broadpointe Drive, Mills River, Henderson County
FOR THE
construction, operation and maintenance of two bioretention cells in compliance with
the provisions of Session Law 2006 -246 and 15A NCAC 2H .1000 (hereafter referred to
as the " stormwater rules") and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Energy, Mineral and Land Resources, Land Quality Section and
considered a part of this permit.
This permit shall be effective from the date of issuance until December 11, 2021, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 17 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 511,653 square feet of
impervious area
3. The tract will be limited to the amount of built -upon area as indicated in Section
1.7 of this permit, and per the application documents and as shown on the
approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
6. The built -upon areas associated with this project shall be located at least 30 feet
Page 1 of 6

State Stormwater Permit
Permit No. SW 1131101
landward of all perennial and intermittent surface waters
7. The following design criteria have been provided in the two bioretention cells and
must be maintained at design condition:
A B
a
Drainage Area, acres.
Onsite, ft :
393,470
494,056
Offsite, W.
0
21,724
b.
Total Imperviou Surfaces, ft2
fr_:
241,224
241,224
270,429
270,429
Onsite,
Offsite, ft2:
0
0
C.
Design Storm, inches:
1.0
1.0
d.
Max. Ponded Depth, feet.
075
0.75
e
Seasonal High Water Table, fmsl•
2060.0
20600
f.
gg
Planting Media Depth, feet
Cell Dimensions, feet:
2'
261 x106
2'
340x88
fi.
Planting Elevation, fmsl
20690
2076
i.
Planting Surface Area, ft.
Planting
29,338
31,866
Permitted Storage Volume, ft3.
21,374
23,150
Bypass / Storage Elevation, fmsl-
206975
2076.75
I.
Predevelopment 1 year 24 hour
N/A
N/A
m
Post development 1 year 24 hour
N/A
36
N/A
38
n.
o.
Drawdown Time, hours:
Underdrain Diameter, inches:
6"
6"
p.
Total number of plants provided:
Not shown
Not Shown
q.
Receiving Stream /River Basin*
French Broad
McDowell Cr
r.
Stream Index Number.
6- 554.5)
6-58 8
" "
S.
Classification of Water Body:
"B'
11. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately
3. The permittee shall at all time provide the operation and maintenance necessary
to assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months)
b. Sediment removal.
C. Mowing and re- vegetation of slopes and the filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, level spreader,
filter media, planting media, underdrains, catch basins and piping.
g. Access to the cell and outlet structure must be available at all timea.
4. Records of maintenance activities must be kept for each permitted BMP. The
reports will indicate the date, activity, name of person performing the work and
what actions were taken.
5. The permittee shall submit to the Division of Energy, Mineral and Land
Resources, Land Quality Section, an annual summary report of the maintenance
and inspection records for each BMP. The report shall summarize the inspection
dates, results of the inspections, and the maintenance work performed at each
Page 2 of 6

State Stormwater Permit
Permit No. SW1131101
inspection
6 The stormwater treatment system shall be constructed in accordance with the
approved plans and specifications, the conditions of this permit, and with other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility, has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility
9 Access to the stormwater facilities shall be maintained via appropriate recorded
easements at all times.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to cdnsttruction, for any
modification to the approved plans, ineludmg, but not limited to, those listed
below.
a Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
hown on the
f. Filling in, altering, or piping of any vegetative conveyance s
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the Director
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name /Ownership Change form signed by both parties, to the
Division of Energy, Mineral and Land Resources, Land Quality Section,
accompanied by the supporting documentation as listed on page 2 of the form.
Page 3 of 6

State Stormwater Permit
Permit No. SW1131101
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Energy, Mineral
and Land Resources, Land Quality Section, in accordance with North Carolina
General Statute 143 -215 6A to 143 -215 6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required' by this Division, such as the construction of
additional or replacement stormwater management systems
6 The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re- issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2006-
246, Title 15A NCAC 2H.1000, and NCGS 143 -215.1 et.al.
11. The permittee shall notify the Division in writing of any. name, ownership or
mailing address changes at least 30 days prior to making such changes.
12 documenta on at least 80 days prior lrto the expiration required
t ate of this permit
Permit issued this the 11th day of December, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Original Signed by William H. Diuguid
William H. Gi_u_gu_i_dAICP, Plans Reviewer
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 4 of 6

State Stormwater Permit
Permit No SW1131101
Empire Distributors of NC Warehouse Facility, Mills River
Henderson County
Stormwater Permit No. SW1131101
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project Name)
for (Project owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
Page 5 of 6
SEAL

State Stormwater Permit
Permit No SW1131101
Certification Requirements-
1. The drainage area to the system contains approximately the permitted
acreage
2 The drainage area to the system contains no more than the permitted
amount of built -upon area
3 All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan
6. The outlet structure is located per the approved plans
7. Trash rack is provided on the outlet/bypass structure.
8 All slopes are grassed with permanent vegetation, per the vegetation plan.
9. Vegetated slopes are no steeper than 3:1
10 The inlets are located per the approved plans and do not cause short -
circuiting of the system.
11. The permitted amounts of surface area and /or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay
15. The required system dimensions are provided per the approved plans
cc: Laura Herbert, Jonathan Stepp, Land Quality Section
NCDENR- DEMLR, Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
Page 6 of 6