HomeMy WebLinkAbout20220507 Ver 1_ePCN Application_20220330DWR
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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
Ch-g. nly,f n..d.d
BIMS # Assigned*
Version#*
20220507
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
Andrew Moore:eads\awmoore3
Information for Initial Review
1 a. Name of project:
Givens Highland Farms Campus Redevelopment Phase 2
la. Who is the Primary Contact?*
Ken Kramer
I b. Primary Contact Email: 1 c. Primary Contact Phone:*
kkramer@givenshighlandfarms.org (828)357-3606
Date Submitted
3/30/2022
Nearest Body of Water
Swannanoa River
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.614889
-82.348757
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1 a. 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
29 - Residential 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:
Givens Highland Farms
2b. Deed book and page no.:
db 5045 pg 1294
2c. Contact Person:
Ken Kramer
2d. Address
Street Address
200 Tabernacle Road
Address Line 2
City
Black Mountain
Postal / Zip Code
28711
2e. Telephone Number:
(828)357-3606
2g. Email Address:
kkramer@givenshighlandfarms.org
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province I Region
NC
Country
Buncombe
2f. Fax Number:
Yes No
Yes No
3. Applicant Information (if different from owner)
3a. Name:
Robert Cork
3b. Business Name:
Anchor QEA of North Carolina, PLLC
3c. Address
Street Address
231 Haywood Street
Address Line 2
City
Asheville
Postal / Zip Code
28801
3d. Telephone Number:
(828)771-0370
3f. Email Address:
rcork@anchorqea.com
4. Agent/Consultant (if applicable)
4a. Name:
Robert Cork
4b. Business Name:
Anchor QEA of North Carolina, PLLC
4c. Address
Street Address
231 Haywood St
Address Line 2
City
Asheville
Postal / Zip Code
28801
4d. Telephone Number:
(828)771-0370
4f. Email Address:
rcork@anchorqea.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
I c. Nearest municipality/ town:
Black Mountain
2. Project Identification
State / Provinoe I Region
NC
Country
Buncombe
3e. Fax Number:
State / Province / Region
NC
Country
Buncombe
4e. Fax Number
2a. Property Identification Number:
2b. Property size:
0609551146
75.73
2c. Project Address
Street Address
200 Tabernacle Road
Address Line 2
City
State / Province / Region
Black Mountain
NC
Postal / Zip Code
Country
28711
Buncombe
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Swannanoa River
3b. Water Resources Classification of nearest receiving water:*
C
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.
060101050602
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 proposed project by Givens Highland Farms, LLC (Givens), called Campus Redevelopment Phase 2, is the proposed expansion of an assisted living facility to include increased
capacity of the independent residential living units. This is the second phase of a three -phased Master Plan, consisting of new construction and redevelopment of existing areas on the
Givens campus. The Site is located within the Town of Black Mountain in Buncombe County, North Carolina, on the existing Givens campus. The site is mostly residential multi units
buildings and properties, and primarily used as residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2015-01579
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
4580
4h. Explain the purpose of the proposed project:
The purpose of the project is to install one 7-linear-foot (LF) section of a 4- x 8-foot opening culvert on the Givens Highland Farms campus and an 8-inch main sewer line crossing.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will include the installation of one 7-LF section of a 4- x 8-foot opening precast concrete box culvert buried at a depth of 1 foot below the creek bed and a Redi-Rock block
headwall. An aerial 8-inch sewer main crossing will also be installed upstream of the culvert crossing. Construction equipment to be used includes an excavator, a crane and/or back hoes
to place the culvert and piping, and track trucks to haul out any additional material.
Although not addressed in the PCN, as all associated impacts will be outside of the 30-foot buffer, a covered pedestrian bridge will be constructed spanning the tributary approximately
above the culvert and sewer crossing.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): unknown
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
Yes, further demolition will occur of existing buildings on campus with construction of new apartment buildings in the same general area to expand the residential capacity ofthe campus.
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?
North Carolina General Water Quality Certification Number 4256
D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
1-1
3a. Reason for imp
Culvert installation
3c. Type of impact* —]ff
Culvert ][U.m,-,,d
name* ��3e.
tributary to
S River
Stream '-Type
(?)
3f. Type of
Jurisdiction*
orps
3g.S.width*
31h.1
leng
F]
Sewer line crossing
Excavation
J
Unnamed tributary to
Swarmanoa River
Perennial
C rps
3i. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
7 30
31. Total stream and ditch impacts:
37
3j. Comments:
See attached pdf.
E. Imr)act Justification and Miticiation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See attached pdf.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See attached pdf.
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 ofthe U.S. or Waters ofthe State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
See attached pdf.
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:
It is not adjacent to protected riparian buffers.
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
Comments:
SWP under review with the Town of Black Mountain.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federallstate/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 (1 5A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Wi I I 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.
See attached pdf.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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 constructionfl nstal lation 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?
USFWS
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?
USFWS
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?*
North Carolina Department of Natural and Cultural Resources
8. Flood Zone Designation (Corps Requirement)
Ba. 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 Maps
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 hem to attach document
1 PCN Application Form 033122.pdf
File must be PDF or KMZ
3.67MB
Comments
See attached pdf for full descriptions and information. This application was also emailed to the USACE Asheville Regional office.
Signature
By checking the box and signing below, I certify that:
The project proponen hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
The project proponentt hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
have given true, accurate, and complete information on this form;
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:
Robert Cork
Signature
Date
3/30/2022
AnchorQEAof North Carolina, PLLC ANCHOR
231 Haywood Street
Asheville, North Carolina 28801 kZ QEA
828.281.3350
March 30, 2022
Asheville Regulatory Field Office
United States Army Corps of Engineers
151 Patton Avenue
Asheville, North Carolina 28801-5006
Re: Pre -Construction Notification Submittal for Culvert Installation and Sewer -line Crossing
Given Highland Farms — Campus Redevelopment Phase 2 Project
Buncombe County, North Carolina
Attached is one copy of the pre -construction notification (PCN) for the above -referenced project. A
culvert installation and sewer -line crossing is proposed under Nationwide Permit (NWP) 29. One
copy of the PCN has also been submitted via the electronic ePCN form to the North Carolina
Department of Environmental Quality, Division of Water Resources, as required by Water Quality
General Certification No. (GC) 4256.
The permit package includes the PCN application form and associated supporting documents. Per
the PCN instructions, we have reduced the plan sheet size down to 11 x 17 inches.
We appreciate your assistance with this project. Please do not hesitate to contact me at
(828) 771-0370 if you have any questions or need additional information.
Sincerely,
77
Robert Cork, PE, MEng
Anchor QEA of North Carolina, PLLC
cc: Ken Kramer, Givens Highland Farms, LLC
Alexandra Baratucci, Anchor QEA of North Carolina, PLLC
Enclosures
Pre -Construction Notification Application Form and Attachments:
• Attachment A Section B Form Answers in Detail (Project Narrative)
• Attachment B Prior Projects
• Attachment C USFWS Determination
• Attachment D Cultural Resources Determination
0� \NAT
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the Corps:
Section 404 Permit E] Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 4256
1c.
Has the NWP or GP number been verified by the Corps?
FA] Yes E] No
1d. Type(s) of approval sought from the DWQ (check all that apply):
El 401 Water Quality Certification — Regular E] Non-404 Jurisdictional General Permit
F1 401 Water Quality Certification — Express E] Riparian Buffer Authorization
I e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
E] Yes E] No
For the record only for Corps Permit:
0 Yes [I No
If.
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.
E] Yes E] No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
Yes No
I h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No
2.
Project Information
2a.
Name of project:
Givens Highland Farms - Campus Redevelopment Phase 2
2b. County:
Buncombe
2c.
Nearest municipality / town:
Black Mountain
2d. Subdivision name:
2e.
NCDOT only, T.I.P. or state project no: T_
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Givens Highland Farms, LLC
3b.
Deed Book and Page No.
5045-1294
3c.
Responsible Party (for LLC if
applicable):
Ken Kramer
3d. Street address:
200 Tabernacle Road
3e. City, state, zip:
Black Mountain, NC 28711
3f.
Telephone no.-.
(828) 357-3606
3g.
Fax no.:
3h.
Email address:
kkramer@gvenshiglandfarms.org
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
E] Agent E] 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:
Robert Cork
5b. Business name
(if applicable):
Anchor QEA of North Carolina, PLLC
5c. Street address:
231 Haywood Street
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
828-771-0370
5f. Fax no.:
5g. Email address:
rcorkCa)anchorqea.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
10609551146
1 b. Site coordinates (in decimal degrees):
I Latitude: 35.615 Longitude: -82.349
1 c.
Property size:
75.73 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
Swannanoa River
2b. Water Quality Classification of nearest receiving water:
C
2c.
River basin:
French Broad 060101050602
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:
The current condition of the property is single-family and multifamily associated with the Givens Highland Farms assisted living community. Upstream
land use is low -density residential and forest.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,580
3d. Explain the purpose of the proposed project:
See Attachment A
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A
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?
El Yes El No El Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
E] Preliminary E] Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
E]Yes El No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
See attachment A for explanation; see attachment B for prior phase permit verification.
6.
Future Project Plans
6a.
Is this a phased project?
El Yes E] No
6b. If yes, explain.
See Attachment A
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
I a. Which sections were completed below for your project (check all that apply):
M Wetlands Streams —tributaries El Buffers El Open Waters El Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetiand 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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
LIT
PER
Corps
6.0
7.0
S2 T
Excavation
LIT
PER
Corps
6.0
30.0
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
37.0
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
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 indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Pi
Choose one
P2
Choose one
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 mitiqation, t en you MUST fill out Section D of this form.
6a. Project is in which protected basin?
F] Neuse Tar -Pamlico Catawba F] Randleman E] Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone I
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
131
Yes/No
132
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
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.
All impacts arisen from the installation of the culvert and the open cut trenching and excavation for the sewer line will be minimized with proper use of
erosion and sedimentation control measures. The shortest possible length of linear feet stream impacts were considered when designing the route of
the sewer line during design.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction activities will take place only where the culvert installation and sewer line crossing are proposed. No other impacts to the stream are
anticipated.
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?
E] Yes FA] N o
2b. If yes, mitigation is required by (check all that apply):
E] DWQ El corps
2c. If yes, which mitigation option will be used for this
project?
El Mitigation bank
El Payment to in -lieu fee program
El Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type'. Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
El Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested-.—
acres
4g. Coastal (tidal) wetland mitigation requested:
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 6 of 10
PCN Form — Version 1.4 January 2009
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
E] Yes FA] N o
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
1 3 (2 for Catawba)
Zone 2
1 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 7 of 10
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
Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Yes E] No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
34 %
2b.
Does this project require a Stormwater Management Plan?
El Yes El 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:
Temporary
erosion control measures including sedimentation basins, diversion ditches, and silt fences will
be placed. Post -construction detention
pond, catch basins, culverts, roof drains, surface drains, and a stormwater piping system will be installed and managed to properly contain and divert
stormwater
flows to protect water quality and infrastructure.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Town of Black Mountain
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Black Mountain
El Phase 11
[:1 NSW
3b.
Which of the following locally -implemented stormwater management programs
El USMP
apply (check all that apply):
E] Water Supply Watershed
E] Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes FA] No
attached?
4.
DWQ Stormwater Program Review
E]Coastal counties
E1HQW
4a.
Which of the following state -implemented stormwater management programs apply
E]ORW
(check all that apply):
E]Session Law 2006-246
E]Other-. n/a
4b.
Has the approved Stormwater Management Plan with proof of approval been
E] Yes E] No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
E] Yes E] No
5b.
Have all of the 401 Unit submittal requirements been met?
FE] Yes E] No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (fed e ral/state/I ocal) funds or the
El Yes FAI 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
El 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
Yes No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (1 5A NCAC 2H .0500), Isolated
Wetland Rules (I 5A 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?
El Yes [y] 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
0 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.
This
project is the installation of a culvert and sewer line crossing and will not impact the 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.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Review by USFWS Asheville Field Office. See Attachment C for response letter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
E] Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Review by USFWS Asheville Field Office. See Attachment C for response letter.
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
E] Yes FA] No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Review by North Carolina Department of Cultural Resources. See Attachment D for response letter.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEIVIA-designated I 00-year floodplain?
Yes No
8b. If yes, explain how project meets FEIVIA requirements:
8c. What source(s) did you use to make the floodplain determination?
North Carolina Floodplain Mapping Program
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 10 of 10
Attachment A
Detailed Answers
PCN Submittal
Givens Highland Farms —Campus Redevelopment Phase 2
Buncombe County, NC
SECTION B. Project Information and Prior Project History
3d. Explain the purpose of the proposed project:
The purpose of the project is to install one 7-linear-foot (LF) section of a 4- x 8-foot opening
culvert on the Givens Highland Farms campus and an 8-inch main sewer line crossing.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will include the installation of one 7-LF section of a 4- x 8-foot opening precast
concrete box culvert buried at a depth of 1 foot below the creek bed and a Redi-Rock block
headwall. An aerial 8-inch sewer main crossing will also be installed upstream of the culvert
crossing. Construction equipment to be used includes an excavator, a crane and/or back hoes
to place the culvert and piping, and track trucks to haul out any additional material.
Although not addressed in the PCN, as all associated impacts will be outside of the 30-foot
buffer, a covered pedestrian bridge will be constructed spanning the tributary approximately
above the culvert and sewer crossing.
5a/b. Have permits or certifications been requested or obtained for this project (including all
prior phases) in the past? If yes, explain in detail.
Yes. There have been permits obtained on the Givens Highland Farms property in the past;
they are described below.
Meadowmont Phase 1 involved the replacement of an existing culvert in an unnamed tributary
to the Swannanoa River under NWP 29 (Action ID 2015-01579). The existing culvert was
22 LF and was replaced with a 36-LF concrete box culvert. The total impact was 14 LF. The
application was submitted on May 20, 2015, and the issue date was July 29, 2015. Close-out
documentation was submitted to the USACE Asheville Regional Office on March 2, 2016.
Meadowmont Phase 2 involved a second additional culvert replacement on the same
unnamed tributary as Phase 1. Permit verification was received under the same NWP and
Action ID noted above. The existing culvert was 14 LF and was replaced with a 48-LF concrete
box culvert. The total impact was 34 LF. The application was submitted on March 17, 2016,
and was granted approval on May 3, 2016.
Meadowmont Phase 3 involved the installation of a third culvert and a sidewalk built over top
of the culvert crossing a stream. The precast concrete box culvert installed was 16 LF; thus
the total impact was 16 LF. The application was submitted on March 16, 2018, and the issue
date was May 4, 2018.
The Wagon Trail Culvert replacement project included the demolition of an existing 48-inch
diameter corrugated metal pipe culvert and the installation of a 35-LF 4- x 8-foot opening
precast concrete box culvert buried at a depth of 1 foot below the creek bed and a Redi-Rock
block headwall. The PCN application for NWP 29 was submitted on April 23, 2021, but USACE
PCN Submittal
Givens Highland Farms —Campus Redevelopment Phase 2
Buncombe County, NC
informed Givens that the work fell under NWP3specifications and no PCN was required. Thus
the installation occurred.
See Attachment B for the permit verification documents and tracking for prior projects.
6a/b. Is this a phased project?
Yes, further demolition will occur of existing buildings on campus with construction of new
apartment buildings in the same general area to expand the residential capacity of the
campus.
Attachment B
Prior Phase Permit Verification for Culvert Replacement
Attachment 131
Meadowmont Phase 1 Permit Verification for Culvert
Replacement
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISIRICT
Action1f). 201"11.57 County: Buncombe U.S.G.S. Quad. NC- Black Mountain
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICAT10N
Perni ittec: fziveU ffighig d Fa r in;, LLC / Ji m Boyer
Addrcss: 220 Tabernacle Row
Black Mountain, NC 28711
I*cicplH)nc Number: $28-357.1046
Nearesc Town: Himck Moun(aju
Ncucit Waterway: ul to Swarmanoa River Coordinates.- 35.753622-N. -SI.972511
River Basin/ HUC: French Broad
Location description: Thy P ro loci is located off Ta bernacle Road, Black Mounts in, Buncom be Couut:3-, North Carolina.
lkscription of projects area and acl ivity. -The perm Met is authorized to imvact simroximately 401ft of an unnamed tribuhw"lo
the Sway nn q9a River to replace and iomrade a n exisiting (22[ft) culvert. A box cu lvert (4X?X!S) will he installed.
Applicable Law: Section 404 (Clean Water Ad. 33 USC 1344)
Section 10 (Rivers and Harbors Act, 53 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number- 29
SFE A 27A CHED A GP or N JVP GENERA L, REGIONAL, AND SPECIAL CONDITIONS
Your work is aulhori-i.ed by the above referencod permit provided it is accomplished in strict accordance with the attached
conditions and your subini(led application and attached information dated May 21. 2015. Any violation of the attached
CORdit iotm or deviation fro ni your su bin il led pla ns may subject the perm ittee to a stop work order, a restoration order, a Class
I administrative pena I ty, andfor approp ria (e legal action.
This vetiftation will remain valid until the expiration date idenlified below urilm the nationwidetregional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nalionwidc/rcgional permit authorization is reissued and(or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirctricnis of
the modified nationwide/regional permit. If the nationwide/regional permit aulhorization expires or is suspended, revoked, or is
modified, such that the activity would no longer comply wilb the terms and conditions of the nationwide/mgional permit, activities
which have commericcd (i.e., are under construction) or are under contract to commence in reliance upon the nationwidWregional
permit, will remain authorized provkkd the activity is completed within twelve months of the <tate of the nationwidefregional permit's
expiration, modification or revocation, unless dLqcmtionary authority has been exercised on a case -by -case basis to modify, suspend or
revoke the authorization.
Activities subject to Ste -lion 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should mtact the NC Division of Watcr Resources (telephone 919-807-6300) to determine Section 401 requirements- -�J
For activities occurring within tho (wcnty coastal couniks subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the- N.C. Division of Coastal Management.
This Department of the Army Yerification does not rclievc the permittee of the responsibility to obtain any other required Fcdcral,
State or local approvals/permits.
If there are any questions mg this verifirption, any of the cGnditions of the Permit, or the Corps of Enginms regulatory
XJ Ta
as
prognin, please cont; i A[ xan tral 87 -7"0, ext. 226 or ha.l.alexander@maccarmy.mil.
tT . I
Corps Regulatory 0: 1 Date: July 29,201
Alexander
Expiration Date of VerificatiGn: March 18-2017
FM ilz
Determination of Jurisdiction:
A. E] Based an ptcliminary information, there appear to be waters of the US including wellands within Ilie above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1).
B. El There are Navigable Waters of the United States within live above &scribed project area subject to the pennil recluiremits of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. 0 Them we watcrs of the US and/or wctlands within the above described project area subject to lite permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. 0 The jurisdictional arew within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW -
Basis for Determination-
Thcrc are strearn channels located on the property that exhibit indicators of ordinary high water marks.
The stmm channel on the property is an unnamed tributary ((.)T) to the Swarmanoa River which flows into the French Broad
River. TItc French Broad River is located within the French BrGad-Holston watershed and eventually drains to the Gulf of
Mexico. Specifically, the French Broad River merges with the HoWon River in forin the Tennessee River. The Teatnessee
River then dmins to the Ohio River and then on to the Mim issippi River before entering the Gulf of Mexico.
This jufisdictional determination is for the impact a sonly.
K Attention USDA Prograin Participants
This dclincatiori/dctermination has been conductcd to identify the limits of Corps' Clean Water Actjurisdiclion for the particular site
identified in this request. The delineation1determination may not be valid for the voviland conservation pf ovisions of the Food Security
Act of 1985. If you or your tenant are USDA Program pailicipants� or anticipate participation in USDA progTains, you should request
a certified wctland determination from the local office of the Natural Resources Conservation Service, prior (o starting work.
F. Appeals In format ion Crhis informal ion applies only to approved j u risdictional determinations as ind icated i it 8
and C above).
This correspondence constitutes an approved jurisdictional determination rot the above described site. If you object to this
dc(crininztion, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1 . Enclosed you will find a
Nolificalionof Appeal Process (NAP) lhet shecc and request for appeal (RFA) form. If you request to appeal this determination you
must submit a complotcd RFA form to the following address:
US Army Corps of Engineers
South Allaniie Division
Attn: Jason Steele, Review Officcr
60 Forsyth Street SW. Room I OM 15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, lite Corps most deterinhic that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address within 60 of the issue date below.
4 4 It is not necessary to submit an RF A form to (he Division Office if you do not object to the determination in this correspondence. 0 4
Corps Regulatory Official:
Tasha Alexander
Issue Date of JD: Ju IX 2% 201
Expiration Daie of ft Five years from Issue Date
Ilie Wilmington ]District is committed to provitling the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at li(tp://rc&ula!pry.usftce_kqmcy,pqqV
Copy Furnished:
Mike Date
Allamont Environmental, Inc.
231 Haywood Street
Asheville, NC 28901
RnMI�K
SPECIAL CONDITIONS
Please review the attached North Carolina Wildlife Resources Commission letter dated June 29, 2015. These
recommendations should be considered where practicable.
'Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the stream. Culverts 48
inches or less shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional
Condition 3.6 attached to this NWP.
Please he advised that if additional impacts to waters of lite either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined with
lite current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation
wil I be req uired if individual or cu in ulative (i.e., past and present) loss" or degradation of waters of the U.S. are
V rea ter th a n 150 linza r feet of peren nial or intermittent stream ChA nnel and/or 0. 1 acre of wetiand. Additionally,
cuinutalive impacts that result in the loss or degradation of greater than 300 linear feet of perennial or
intermittent* stream channel, andlor 0.5 acre of wctland, will be processed under an Individual Permit. This
verifiewtion of the use of the Nationwide Permit Program for this project does not imply (hat [his office will
necessarily approve any future proposal to impact waters nf the U.S. on this property and/or associatal with this
projectlactivity.
* Th e District Com m ander has the abi lity to waive the 300 linear foot limit for in feriniftent strea ms an a case -by -
case basis. All requests for waiver must be in writing and shall include rationalle for the request.
ActionIDNumber: 20IS-01579
G ivens ffigland Fam�5,. LLC../ Jina Boyer
Date VerificationIssued. July29,2015
Projed Manager: Tasha Alexander
County. Buncombt
upon completion of the activity authorized by this permit andany initigation required by thc� pen-nif, slgii this
cei: fification and retum. it to. the following address.
TEERS
US ARMY CORPS OF ENGIN
WILMINUFON DISTRICT
Attri.: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, Norffi Carolina 28801-5006
Please note that your perinitted activity is subject to a compliance inspection by a U S. Ar-rny Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization niay re�sult in- the
Corps suspending, modifying or revoking the authorization and/or issuing a Class I admlni�trative penalty, or
initiating other appropriate legal action.
I hcxeby certify that the work authorized bythc,- above referenced pennit has been completed in aecordanw wifil
the ten-ris and condition of the said permit, and -required ralligation was completed in accordance'twith the.pemii.t
conditions.
Signature crinittee
NOTIFICATIONOF ADMINISTRATIVE APPE'Al, OFFIONS AND PROU SS AND
REQUE-SI'FORATPEAL
Applicant: Given; 11%,Land Fa�mh LLC Ji rn Bover J F �HeNun i bur: SAW-2015-01579 Date: July 29,2015
Attached is: I See Section below
INrI' ' IAL PROFFERED PERMIT (Standard Permit or Letter of permissigo A
PROFOFji—Ell PERM IT (Standard Permit or Letter of permission) B
PERPAIT]DENIAL C
APPROVED JMSDICTIONAL DETERMINATION D
PREL11YRNARY JURISDICTIONAL DED'ERMINATION E.
SECTION I - The following identifies your rights and options regarding an adniinistrative appeal of theabove d6cision.
Additional information nmy be found at http://www.usace.gM.mi]fMi.ssion.VCivilWarks/Re&iilatorvl"rggamaiidPermit.s.a.sv!x
or Corps reaulations at 31 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permiL
ACCEPT. If you mceived a Standard Pennit, you may sign the permit doctunent and return it to the district engineer for final
authorization. If you reccivcd a lxttcr of Pcrmission (LOP), you may accept the I.0P and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional deterinhiations associated with the
permit.
OBJECr: If you object to the permit (StandW or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to The district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address somc of your
objections. or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in.
Section B below.
B: -�J&RFERED PEPJVW: You may acoept or appeal the permit --
ACCEPT: If you received a Standard Permit, you may sip the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your wo;k is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in it% entirety, and waive all
rights to appeal flit permit, including its terms and condifions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or I.OP) because of certain terms and conditions thercin,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
Q PERMIT DEN iA—L:' if--ou may appeal The denial of permii-�n—iTer--tli� Corps of Engineers Administrative Appeal Process by
,completing Section 11 of this form and sending the form to the division engineer. This form must be received by dte division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETMMINATION; You may accept or appeal the approved JD or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved ID. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
10 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELINWARY JURISDICTIONAL DETER]MMATION: You do not need to respond to the Corps regarding dw
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved )D (wbich may be appealed),
by contacting the CoqA district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the ID.
SYCI 1( 1N I I - REQUEST FOR APPEAL or OBJECTIONSTO AN (NITLAL PROFFER M- PERMIT
RFASONS FOR APPFAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to all initial
proffered permit in clear concise statements. You may attach additional information to lbis form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDMONAL INFORMA'17ION: The appeal is limited to a review of the administrative record, the Corps mcinorandum, fur t1w
record of the appeal conference or meeting, and any supplemental informal ion that the review officer lum determined is needed it-,
clarify the administrative record. Neither The appellant nor the Corps may add new information 0-r anal>-Z'es to the record.
However, you may provide additional information to clarify flie location of information that is already in (lie administrative
record.
POINT OF CONTACT FOR QUE TIONS OR INFORMATION:
If you have questions regarding this decision an4lor the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
Dist riet Engineer, Wilmington Regulatory Division, At Ot.: Mr. Jason Steele, Administrative Appeal Review Officer
151 Patton Avenue CESAD-PDO
Room 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801 60 Forsyth Strce� Room I OM 15
Tasha Alexander Atlanta, Georgia 30303-8801
829-271-7980 Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct invesiligations of the project site during ft course of the appeal process. You will be provided a 15 day
notice of aq site investigation, and will have the qpportunily to participle in all site investi tions.
Date.
Telephone number.
Signalure of appellant or agent.
For appeals oto In ilial Proffered Perinift send lhivform 10;
District Engineer, Wilm ington Regis ta lory Division, Attri.: Taska Alexander, 69 Darlington Avers ue, Wilm ington, Norl It
Carolina 28403
For Perm it dett iah-, Proffered Peren its a n d appro re d Jm risdiction at Deferin inallatissen d M isjo rm to;
Division Engineer, Commander, U.S. Artity Engineer Division,,South Atlantic, Attn: Mr. Jason Steele, Administ ra live Appeal
Officer, CESAD-PDO, 60 ]Forsyth Street, Room I OM15, Atlanta, Georgia 3DM-8801
Phone; (404) 562-5137
O'North Carolina Wildlife Resources Commission 0
June 29h, 2015 Gordon Myers, Executive Director
Ms. Tasha A lexander
U.S. Army Corps of Enginecrs, Regulatory Branch
IS I Patton Avenue, Room 208
Asheville, North Carolina 28901-5006
SUBJECT: WRC Comments on Meadowmont Home% Expansion — Phase I Permit Application, Ul'
Swannanoa River, Buncombe County, NC
Dear Ms. Alexander:
Rcprescntatives of Givens Highland Fanns LLC requested a permit to install a 4-ft x 741 x 35-fi precast
conmie box culvert in UT Swannanoa River, Buncombe County, NC. Comments firom the NCWRC on
this application are offered for your considerafion under provisions of the Clean Water Act of 1977 (33
U-S-C 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stal. 401, as ztmen&4; 16 U.S.C. 661-
667d).
We do not object to the permit application. We do not have records of trout at this location and do, not
request the trout spawning moratorium. We do not request any special conditions be attached to the
permit.
71mk you for the opportunity to review and comment on this regulatory action. Please contact me at
(828) 659-8684 ext. 221 if you have any questions about these cornments or need further assistance.
Sincerely,
Doug Besler
Mountain Region Fishery Supervisor
e cl: Mr. Mike Dale, Altamont Environmental Inc.
Ms. Andrea Leslie, NCWRC
Mailing Address: Division of Inland Fishefies - 1721 Mai I Service Center - Raleigh, NC 27699-1721
Telephone: (919) 707-0220 - Fax: (919) 707-0028
Attachment B2
Meadowmont Phase 2 Permit Verification for Culvert
Replacement
----- Original Message -----
From: Elliott, William A SAW [mailto:William.A.Elliott@usace.army.mil]
Sent: Tuesday, May 03, 2016 2:34 PM
To: Mike Dale <mdale@altamontenvironmental.com>
Subject: SAW-2015-01579 (Givens Highland Farms LLC)
Due to workload and staffing constraints, we were unable to provide timely formal written verification for impacts
proposed in your preconstruction notification application (PCN) received in our office on March 17, 2016. General
Condition number 13, which lists the notification requirements for nationwide permits, states that "the prospective
permittee shall not begin the activity unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or Division Engineer."
Your permit modification is granted for 46 additional feet of culvert impact. Please note that your work is authorized by
the above referenced permit provided it is accomplished in strict accordance with the permit conditions and your
submitted plans. Any violation of the conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order and/or appropriate legal action.
William Elliott
Regulatory Specialist
US Army Corp of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Room 208
Asheville, NC 28801
Phone: 828 2717980, ext 224
Fax: 828 2818120
The Wilmington District is committed to providing the highest level of public support. Please vist our website at:
http://www.saw.usace.army.miI/Missions/ReguIatoryPermitProgram.aspx
Please assist us in better serving you! Please complete the customer survey by clicking on the following link:
http://per2.nwp.usace.army.mil/survey.html
Attachment B3
Meadowmont Phase 3 Permit Verification for Culvert
Replacement
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2015-01579 County: Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pennittee: Given Highland Farms, LLC / Attn: Jim Bover
Address: 200 Tabernacle Road
Black Mountain, NC 28711
Telephone Number: 828-357-1046
Location description: The site is located in Phase 3 of the Meadowmont Homes Ext)ansion area, adeacent to Tabernacle
Road, in Black Mountain, NC. Coordinates are: 35.616033 -82.347161.
Description of projects area and activity: This permit authorizes installation of a culvert for sidewalk access. Impacts to
stream channels authorized bv this permit total 16 linear feet.
Applicable Law: M Section 404 (Clean Water Act, 33 USC 1344)
F-1 Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pennit Number or Nationwide Pennit Number: 29
SEE A TTA CHED R GP or NWP GENERAL, REGIONAL AND SPE CIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
March 19, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional pennit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional pennit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional pennit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to begimung work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approval s/pennits.
If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory
program, please contact Amanda Jones at 828-271-7980, ext. 4225 or amanda.jones(*usace.army.mil.
FUEMMELERAMAND ==E==N-N-1-1-
Corps Regulatory Official: A.JONES.1242835090 M.uE=ELERAm,-,=--- Date: Mav 4,2018
Amanda Jones
Expiration Date of Veni fication: Mav 4, 2020
CF: Anchor QEA of North Carolina, PLLC., Attn: Mike Dale
Action ID Number: SAW-2015-01579 County: Buncombe
Permittee: Given Highland Farms, LLC / Attn: Jim Boyer
Prcj ect Name: Given Highland Farms Phase 3 / Sidewalk / NWP 29
Date Verification Issued: May 4, 2018
Project Manager: Amanda Jones
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Attachment B4
Wagon Trail Verification for Culvert Replacement
From: Fuemmeler, Amanda J CIV (USA) <Amanda.Jones@usace.army.mil>
Sent: Friday, June 4, 202112:52 PM
To: Sara Stavinoha
Cc: Moore, Andrew W
Subject: Wagon Trail Culvert Replacement / Non -notifying NWP #3/ AID 2015-01579
Attachments: 2017NWPO3.pdf
CAUTION — EXTERNAL EMAIL: This email originated from outside of Anchor QEA. Please exercise caution with
links and attachments.
Based on your recent submittal dated April 23, 2021, you are proposing to replace/extend an existing
culvert on Wagon Trail at the Givens Highlands Farms Campus in Black Mountain, NC. Proposed stream
channel impacts will total 35 linear feet. The work is authorized under what is a called a Nationwide
Permit #3 (NWP 3) provided it meets the term s/cond itio ns attached. Please note that in -stream work
cannot occur between October 15 and April 15 to protect trout spawning (in addition to the other
conditions noted).
As a background, on March 19, 2017, the regional conditions of NWP 3 pertaining to notification
requirements changed. These changes affect the requirements for submittal of pre -construction
notification for work conducted in the western counties of North Carolina. Based upon details provided
for your project, you are not required to submit pre -construction notification to our office. You may
proceed with your work as proposed provided it is accomplished in accordance with all the conditions of
the attached NWP 3.
This statement does not preclude the need to obtain other applicable federal, state, or local
authorizations for your project. The changes to NWP 3 may not affect the pre -construction notification
requirements to receive the required corresponding Clean Water Act Section 401 Water Quality
Certification from North Carolina Division of Water Resources (DWR). Please contact Mr. Andrew
Moore, at 828-296-4500, to determine the required pre -construction notification/permit application
submittal process for DWR for the corresponding 401 Water Quality Certification.
Please contact me with any questions, thanks.
Amanda Jones
Regulatory Specialist
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980 ext. 4225
Attachment C
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 23, 2015
Ms. Megan Foy
Altamont Environmental, Inc.
231 Haywood Street
Asheville, North Carolina 28801
Subject: Federally Listed Species Assessment for a Proposed Residential Development (Givens Highland
Farms Development), located at 200 Tabernacle Road, in Black Mountain, Buncombe County, North
Carolina
Dear Ms. Foy:
On February 27, 2015, we received a letter (via e-mail) from you requesting our review and comments on
the subject project. We have reviewed the information presented and are providing the following
comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667c), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
Project Description — According to the information that you presented, your client is proposing to
construct an independent living residential community in Black Mountain, North Carolina. The site
currently consists of open agricultural fields. A small un-named stream transects the project site. The
project will consist of constructing residential units and a new access road. Construction of the access
road will require the replacement of the existing culvert stream crossing of the un-named stream that
crosses the property.
Federally Listed Endangered and Threatened Species
According to our records and a review of the information you provided, no federally listed species or their
habitats occur on the subject site. Therefore, we believe the requirements under section 7 of the
Endangered Species Act are fulfilled. However, obligations under section 7 of the Endangered Species
Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is subsequently
modified in a manner that was not considered in this review, or (3) a new species is listed or critical
habitat is determined that may be affected by the identified action.
Stream and Welland Buffers
Because there are aquatic resources within the project area, we want to emphasize that stringent measures
to control sediment and erosion should be implemented prior to any ground disturbance and should be
maintained throughout project construction. Disturbed areas should be reseeded with seed mixtures that
are beneficial to wildlife. Fescue -based mixtures should be avoided. Native annual small grains
appropriate for the season are preferred and recommended. Also, perimeter erosion -control devices
should be installed prior to any on -the -ground activities. Frequent maintenance of these devices is critical
to their proper function in order to minimize sediment discharge from the project site.
One of the most important and effective measures that can be taken to protect the health of aquatic
resources is the preservation of riparian buffers. Wide, contiguous riparian buffers have greater and more
flexible potential than other options to maintain biological integnity' and can ameliorate many ecological
issues related to land use and environmental quality! Riparian buffers accomplish the following:
I . catch and filter runoff, thereby preventing nonpoint-source pollutants from reaching streams;
2. enhance the in -stream processing of both point- and nonpoint-source pollutants;
3. act as "sponges" by absorbing runoff (which reduces the seventy of floods) and, by allowing
runoff to infiltrate and recharge groundwater levels, maintains stream flows during dry
periods;
4. catch and help prevent excess woody debn*s from entering the stream and creating logjams;
5. stabilize stream banks and maintain natural channel morphology;
6. provide coarse woody debn*s for habitat structure and most of the dissolved organic carbon
and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.
For most projects, we recommend the maintenance or establishment of minimum 100-foot native forested
buffers along each side of perennial streams and 50-foot native forested buffers along each side of
intermittent streams and wetlands throughout the present and future service areas of the entire municipal
3
jurisdiction. We additionally encourage the implementation of buffers on ephemeral streams due to the
important functions they provide as headwater streamS.4,5 Buffers should be measured horizontally
6
from the edge of the stream bank, which may result in wider buffers at higher gradients, and must be
provided over the entire length of the stream, including headwater streams, springs, and seeps. Further,
we recommend leaving 30 percent of the development area as green space, which would include buffers
and wetlands and ensure that the green space is connected to aquatic resources.
Stream Crossings - Roads
We recommend avoiding and minimizing the number of stream/wetland crossings. Use bridges (sized so
as not to constrict the active channel and in consideration of flood flows) for all permanent roadway
crossings of streams and associated wetlands. We recommend the use of spanning structures because
1R. Homer, C. May, E. Livingston, and J. Maxted. 1999. Impervious Cover, Aquatic Community Health, and
Storm Water BMPs: Is There a Relationship? In: Proceedings of the Sixth Biennial Storm Water Research and
Watershed Management Conference. Southwest Florida Water Management District, Tampa, FL.
2 R. J. Naiman, H. DeCamps, and M. Pollock. 1993. The role of riparian corridors in maintaining regional
biodiversity. Ecol. Appl. 3:209-212.
3j. S. Stewart, D. M. Downes, L.Wang, J. A. Wierl, and R. Bannerman. 2000. Influences of riparian corridors on
aquatic biota in agricultural watersheds. Pages 209-214 in P. J. Wigington, Jr., and R. L. Beschta, eds. Proceedings
of the American Water Resources Association International Conference on riparian ecology and management in
multi -land use watersheds, Portland, OR.
4 R. B. Alexander, R. A. Smith, and G. E. Schwarz. 2000. Effect of Stream Channel Size on the Delivery of
Nitrogen to the Gulf of Mexico. Nature 403:758-761.
5 B. J. Peterson, W. M. Wolheim, P. J. Mulholland, J. R. Webster, J. L. Meyer, J. L. Tank, E. Marti, W. B. Bowden,
H. M. Valett, A. E. Hershey, W. H. McDowell, W. K. Dodds, S. K. Hamilton, S. Gregory, and D. D. Morrall. 2001.
Control of Nitrogen Export from Watersheds by Headwater Streams. Science 292:86-90.
6 K. L. Knutson and V. L. Naef. 1997. Management recommendations for Washington's priority habitats: riparian.
Washington Department of Fish and Wildlife, Olympia, WA. 181 pp.
they minimize impacts to aquatic resources, allow for the movement of aquatic organisms, and eliminate
the need to fill and install culverts. All stream crossings should be made perpendicular to the stream in
areas where banks are stable (i.e., niffle reaches). If culverts are the only option, we suggest using
bottomless culverts, or squash pipes, embedded within the channel substrate. Any type of culvert that is
used should be designed to allow for the passage of fish and other aquatic life. Culverts should be sized
to accommodate the movement of debn*s and bed material within a channel during a bank -full event. We
recommend the use of multiple barrels (other than the base -flow barrel), placed on or near stream
bank -full or floodplain bench elevation in order to accommodate floodwaters within the stream corridor.
These should be reconnected to floodplain benches as appropriate. This may be accomplished by using
sills on the upstream end to restrict or divert flow to the base -flow barrel(s). Sufficient water depth
should be maintained in the base -flow barrel during low flows to accommodate fish movement. Culvert
length should be minimized to the extent possible.
During both utility and road construction activities, equipment should be kept out of streams by operating
from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be
inspected daily and should be maintained in order to prevent the contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic
materials should be stored outside the riparian area of the stream, in a location where the material can be
contained. Equipment should be checked for leaks of hydraulic fluids, cooling system liquids, and fuel
and should be cleaned before fording any stream. In addition, all fueling operations should be
accomplished at least 200 feet away from streams and wetlands or outside the 100-year floodplain
(whichever is greater).
Storm -water Management
An increase in development (residential, commercial, and industrial) results in a concomitant increase in
impervious surface area and thus a similar relational increase in storm -water runoff. Impervious surfaces
(such as roofs, roads, and parking lots) collect pathogens, metals, sediment, and chemical pollutants and
quickly transmit them (via storm -water runoff) to receiving waters. According to the Environmental
Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the
United States, posing one of the greatest threats to aquatic life, and is linked to chronic and acute illnesses
in human populations from exposure through drinking water and contact recreation. Increased
storm -water runoff also directly damages aquatic and niparii an habitat, causing stream -bank and
stream -channel scouring. In addition, impervious surfaces reduce groundwater recharge, resulting in even
lower than expected stream flows during drought periods that can induce potentially catastrophic effects
for fish, mussels and other aquatic life.
Best management practices can reduce, but not eliminate, pollutant loadings of common storm -water
pollutants. Designs that collect runoff and allow it to infiltrate the soil have the highest documented
pollutant -removal efficiency, eliminating nearly all lead, zinc, and solids and more than 50 percent of
total phosphorous. Ponds and wetlands, which allow contaminants to settle out of the water column or be
broken down by sunlight and biological activity, can remove more than 70 percent of bacteria. Where
detention ponds are used, storm -water outlets should drain through a vegetated area prior to reaching any
natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of
storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment,
nutrient, and chemical discharges. Also, because the purpose of storm -water -control measures is to
protect streams and wetlands, no storm -water -control measures or best management practices should be
installed within any stream (perennial or intermittent), wetland or, when practicable, riparian area.
Accordingly, we recommend that all new developments, regardless of the percentage of impervious
surface area they will create, implement storm -water retention and treatment measures designed to
replicate and maintain the hydrograph at the preconstruction condition in order to avoid any additional
impacts to habitat quality within the watershed. We also recommend the use of low -impact -development
techniques, such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and
wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional
measures, such as large retention ponds, etc. Sufficient retention designs should be implemented to allow
for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges;
thermal spikes; and sediment, nutrient, and chemical discharges. These designs often cost less to install
and significantly reduce environmental impacts from development.
We recommend that consideration be given to the use of pervious materials (i.e., pervious concrete,
interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious
surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater
recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below
to cool the pavement (thus preventing heated water from entering adjacent waterways). Additionally,
pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large
voids within the concrete. We also recommend (if applicable), the incorporation a rooftop garden or any
type of green rooftop into the building construction plans. Green rooftops have many benefits, including:
(a) keeping buildings warmer by adding a layer of insulation to the roof and keeping buildings cooler by
allowing plants to take in water that evaporates into the atmosphere, resulting in lower heating and
cooling bills; (b) reducing the amount and improving the quality of storm -water runoff because water is
absorbed and filtered through plants and soil; and (c) improving overall air quality by removing
particulate matter from the air. This, along with the proposed storm -water runoff collection devices that
will be constructed, will dramatically decrease the amount and increase the quality of storm -water runoff
The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources
and Water Quality" that we support and encourage you to use. It can be accessed via the Internet as
follows:
http://�ww.ncwildlife.orglpgO7 wildlifespeciesconlpg7c3 impacts.pdf.
Invasive Exotic Species
We are concerned with the introduction and spread of invasive exotic species in association with the
proposed project. Without active management, including the revegetation of disturbed areas with native
species, the project area will likely be a source for the movement of invasive exotic plant species. Exotic
species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics
are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and
plants on the Federal List ofEndangered and Threatened Wildlife andPlants.' It is estimated that at least
4,000 exotic plant species and 2,300 exotic animal species are now established in the United States,
costing more than $130 billion a year to control.' Additionally, the U.S. Government has many programs
and laws in place to combat invasive species (see www.invasivespecies.gov) and thus cannot spend money
to counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 - Invasive Species
(February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are
likely to cause or promote the introduction or spread of invasive species in the United States or
elsewhere." Despite their short-term erosion -control benefits, many exotic species used in soil
stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of
7 Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species
in the United States. BioScience 48:607-615.
8 Pimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous
species in the United States. BioScience 50:53-65.
2J
native vegetation. Many of these exotics plants'are also aggressive invaders of nearby natural areas,
where they are capable of displacing already established native species. Therefore, we strongly
recommend that only native plant species be used in association with all aspects of this project.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any
questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240.
In any future correspondence concerning this project, please reference our Log Number 4-2-15-179.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
9 Lists of invasive exotic plants can be found at http://�ww.tneppc.orgl and http://�ww.invasive.orgleasternlsrslon
the Internet.
Attachment D
Z'
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Baitos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
June 4, 2015
Megan Foy
Altamont Environmental
321 Haywood Street
Asheville, NC 28801
Office of Archives and Mstoiy
Deputy Secretary Kevin Cherry
Re: Construct Givens Highland Farms Independent Living Residential Community, 200 Tabernacle Road,
Black Mountain, Buncombe County, ER 15-1087
Dear Ms. Foy:
Thank you for your letter of May 13, 2015, concerning the above project.
There are no known recorded archaeological sites within the project boundaries. However, the project area has
never been systematically surveyed to determine the location or significance of archaeological resources. Based
on the topographic and hydrological situation and the density of archaeological sites in the area, there is a high
probability for the presence of prehistoric or historic archaeological sites.
We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and
evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project.
Potential effects on unknown resources must be assessed prior to the initiation of construction activities.
Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms,
should be forwarded to us for review and comment as soon as they are available and well *in advance of any
construction activities.
A list of archaeological consultants who have conducted or expressed an interest in contract work in North
Carolina is available at www.archaeology.ncdcr.gov/ncarch/resource/consultants.htm. The archaeologists listed, or
any other experienced archaeologist, may be contacted to conduct the recommended survey.
We have determined that the project as proposed will not have an effect on any histonic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Location: 109 Eastjones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/F�:(919)807-6570/807-6599
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
.environmental.review&ncdcr.92-V-. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
(�� wdut-ta&j
bWRamona M. Bartos