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HomeMy WebLinkAbout20220507 Ver 1_ePCN Application_20220330DWR Divi.h. M Wm- R�.... 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