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20071612 Ver 1_401 Application_20070907
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. September 20, 2007 Ms. Liz Hair US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 RE: Four Sims Hollow Henderson County, North Carolina Ms. Hair, )Gh:~ - VNfi~i ~'~. ~U~?L1TY` VdETI.A~;i?,~ ~,~~'a tiTn'7~!;?ih~ERBRA~eH The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr. Charlie Stambaugh. Mr. Stambaugh currently owns approximately 16 acres near Laurel Park in Henderson County, North Carolina and is seeking permit authorization under Nationwide Permit 29 for impacts associated with development of asingle-family residential community. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr. David McHenry of the NC Wildlife Resources and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy has also been forwarded to NC Division of Water Quality, Raleigh and Mr. Kevin Barnett of the NC Division of Water Quality, Asheville. Respectfully, Rebekah L. Newton R. lement Riddle, P.W.S Project Biologist Principal Copy Furnished: Wildlife Resources Commission -David McHenry US Fish and Wildlife Service -Bryan Tompkins NC Division of Water Quality -Kevin Barnett NC Division of Water Quality -Raleigh p 7- 1 6 1 2 PAYMENT ~~~~~ ~~` ~~~ ~.~ ~..~ ~.~. I RECEIVED sLLP ~ ~. 2007 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Four Sims Hollow 2. Name of Property Owner/Applicant: Charlie Stambaugh 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): None 5. Site Address: Winterview Trail 6. Subdivision Name: Four Sims Hollow 7. City: Laurel Park 8. County: Henderson 9. Lat: 35.319998 Long: 82.523102 (Decimal Degrees Please) 10. Quadrangle Name: Horse Shoe 11. Waterway: UT Shaw Creek 12. Watershed: Upper French Broad - 06010105 13. Requested Action: X Nationwide Permit # 29 General Permit # Jurisdictional Determination Request Pre-Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: To whom it may concern: C1earWater Environmental Consultants is authorized to act as my agent for the Four Sims Hollow project in Henderson County, NC for any action pertaining to wetlands/waters permitting. Char es Stambaugh August 26, 2007 (property owner) 07-1612 Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), deck h~~,...~, ~; ~ 4d ~ ~ ~"f ~q a `r ::~d ~...., ~~, .fir d~,a1 ~.R ~~ raj `~. II. Applicant Information ~~`~~ ~ sa :~ ~~ r P ~; ~ Z00"l 1. Owner/Applicant Information _ Name: Mr. Charlie Stambaugh `'`'~^''~ _ `'~~~~~~ ~~'~~'~` Mailing Address: 1178 Ocean Boulevard Atlantic Beach. Florida 32233 Telephone Number: 904-242-9998 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: R. Clement Riddle Company Affiliation: Clearwater Environmental Consultants, Inc. Mailing Address: 718 Oakland Street Hendersonville, North Carolina 28791 Telephone Number: 828-698-9800 Fax Number: 828-698-9003 E-mail Address: clement(cr~,cwenv.com Updated 11/1/2005 Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Four Sims Hollow 2. T.LP. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9549902099 4. Location County: Henderson Nearest Town: Laurel Park Subdivision name (include phase/lot number): Four Sims Hollow Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-26 East to Exit 49B - US Highway 64. Take US Hi hway 64 through the town of Hendersonville. Turn left onto Daniel Drive and then right onto Davis Mountain Road. Travel approximately 2 miles and turn right onto Winterview Trail. The site will be at the end of Winterview Trail. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.319998 °N 82.523102 °W 6. Property size (acres): +/- 16 acres 7. Name of nearest receiving body of water: UT Shaw Creek 8. River Basin: French Broad River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Updated 11/1/2005 Page 2 of 9 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is mostly wooded and steep. General land use in the vicinity is residential. 10. Describe the overall project in detail, including the type of equipment to be used: The project includes the development of an 8-lot subdivision and associated infrastructure. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to access single-family residential building lots. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. This project has no prior project history. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future project plans are anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Updated 11/1/2005 Page 3 of 9 1. Provide a written description of the proposed impacts: The impacts associated with this project include the installation of three road crossings. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) 3 Fill Forested no adjacent 0.0036 4 Fill Forested no adjacent 0.0149 5 Fill Forested no adjacent 0.0308 Total Wetland Impact (acres) 0.0493 3. List the total acreage (estimated) of all existing wetlands on the property: 0.0493 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 1 UT Shaw Cr Culvert P 5 31 0.0036 2 UT Shaw Cr Culvert P 5 42 0.0048 3 UT Shaw Cr Culvert P 5 75 0.0086 Total Stream Impact (by length and acreage) 148 0.0170 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Updated 11/1/2005 Page 4 of 9 Open Water Impact Site Number indicate on ma (~ p) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean etc. ) Area of Impact (acres) No OW Impact Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0170 Wetland Impact (acres): 0.0493 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0663 Total Stream Impact (linear feet): 148 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Pond Creation - No pond proposed. If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts on site have been minimized to the maximum extent practicable. One road will be utilized to access all lots on the Updated 11/1/2005 Page 5 of 9 property. The unnamed tributary on site bisects the western portion of the property. Access to the eastern portion of the property requires a stream crossing. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state.nc.us/ncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation in the form of avoidance and minimization has taken place on site. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP Updated 11/1/2005 Page 6 of 9 website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount ofNon-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. I_f buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Updated 11/1/2005 Page 7 of 9 Zone* Impact (square feet) Multiplier Required Mitigation I 3 (2 for Catawba) 2 I.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. In order for the development to exceed 20% impervious area on site, approximately 3 acres of land would need to be impervious. Eight lots are proposed for this development. Calculations for impervious area allow for 6,000 square feet of impervious area per lot (the square footage has been adjusted to account for roadways, driveways, infrastructure, etc.). This would yield 7% impervious area for the entire site. Square foota eg of impervious area per lot would need to be increase to approximately 18,000 square feet to exceed the 20% mentioned above. Lots will not be subdivided, adding additional homesites to the property, and road layouts in the field will be consistent with road layouts depicted on the XII. Sewage Disposal (required by DWQ) 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. Wastewater will be treated via single-family on-site wastewater treatment facilities (i.e. septic XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No Updated 11/1/2005 Page 8 of 9 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Any goods and services needed by the residence of this development can be obtained from the nearby towns of Laurel Park and Hendersonville. This project will not result in additional development which would impact nearby downstream water quality. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Updated 11/1/2005 Page 9 of 9 (Agent's signature is valid only if an authorization letter from the applicant is provided.) ~~4~' ~. Street Mep I !_ars ~ Qu~s~ -Site Locati~~i>t .tillrr~ f'llvy d~ son m saoo ft et C ~ ~~p~ ` ~ ~ 4 RR 9~\[Z j.~°~ y~'^"t per.`! ~~; ~ ~ elf ~l.l~~iy5 ~:pr~~ ~`~i!1'`E„~~~r,~ r• ~~~~1~ i i-r7, CLEARWATER Four Sims Hollow F,nvironmental Consultants. Inc. VICIr1Ity Map Henderson County ~~8 oaklana street Figure 1a NOI~f1 CarO~lna llendersonvillc. NC 28791 MapauE'~'r dye dr~~ ~~ 9° ~Y/$ MCR fi'{f ~ 207 FAapQuest Inc' - bite Location 7 s-, '~`~ ~' FAR a ~'^v~ ~ I ~t~' E' ~ r ; si ,;<,~ ~~~ S P 2 `Z007 vVErIA~O; ~;r0 er;~r;r;~,~~ ~.Z 3P.A.ACH Four Sims Hollow Henderson County North Carolina Davis Mtn Road ~ ~ I,Iti i:,-~ ~ ~.r;-_ .~~ ~~~ (~ ~'~t~.. P~Fk H[try ,or , I~ r:- ` ~`y _ -,~~' f r r ~~..i -t~' i ~ : , r, - .. ~ ~~ I ~ ~ ~° ~ x ~~ I a ~~ rr .~ I ~~ ~'A t. __`--,:-~" ' . ~ 'r,'d 20(?7NA~YYEda1 CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 Vicinity Map Figure 1 b - ,~f~ "'sir ~ h;~: < f% i (i. t '.: ~~ aoo m isoo ft ~r `4 +~ ` ' ' u Kittdy i~rest ~, .. ac `a- ~a~r~~~i VlTinterview Trl `~ ~~y V'~ th~~~ (;u ~~. ~"r~,,~, _,J.~~ ~~ r~~ c~~yyw. Lip ~.~ v "'i ~ .~ ~~ Sk~r 11ill~ye -p c~ r~ ~~;~ r r_ o ~ ?' 7(1(17 t~- - _ ~: ; -. :;r! k iy. 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Henderson Courtty, North Carolina (NCQ991 Map Unit Symbol Map Unit Name Acrex in A41 Percent of AC}I [3rd t3wv~~'d r:;u~n, 1~ t. ~'b ;xr;a:~d S.5 14.5"~. .. vri;s ~d~ Ltlneyvilk: (~drre:ytu'.wirjlutti ti.>j 14.:3''- sunny iaani, 1S 4:: 2S yurcent sl:~}au s ~dF ~Jnuyvitk; I.~+lncytu.vrrilme 1~.5 r:l.~'_ sunny kern. 15 t~ =.~ ;aur:;uril slope 5 1 utafs lur Arua ul Inhart'4l lA'JI i I S t.~ I 100.J`:'o CLEARWATER Four Sims Hollow Environmental Consultants. Inc. SOIIS Legend Henderson County pia oaklana street Hendersonville. NC 28791 FlgUre 6b North Carolina