20221593 Ver 1_ePCN Application_20221107

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/3/2022
BINS # Assigned* Version#*
20221593 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office - [phone] Andrew Moore:eads\awmoore3
Information for Initial Review
la. Name of project:
Queen Street
la. Who is the Primary Contact?*
Mr. Brian Kirk of Moore & Son Site Contractors
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/7/2022
Nearest Body of Water
Mud Creek
Basin
French Broad
Water Classification
Class C, Index #: 6-55
Site Coordinates
Latitude:
35.336787°
A. Processing Information
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-82.463309°

la. 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)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. 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
ld. 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:
Moorse, Rick; Gaither, Mitch
2b. Deed book and page no.:
003902/00292
2c. Contact Person:
Mr. Brian Kirk
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
103 McDowell Road
Address Line 2
City State / Province / Region
Mills River North Carolina
Postal /Zip Code Country
28759 Henderson
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jennifer Robertson
4b. Business Name:
Atlas Environmental, Inc.
4c. Address
Street Address
338 S. Sharon Amity Road, #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
Mecklenburg
4e. Fax Number:
[phone]
1. Project Information
1b. Subdivision name:
(if appropriate)
The Towns at Martha Kate
lc. Nearest municipality / town:
Hendersonville
2. Project Identification
2a. Property Identification Number:
9569750342
2b. Property size:
14.2
2c. Project Address
Street Address
153 Queen Street
Address Line 2
City State / Province / Region
Hendersonville NC
Postal / Zip Code Country
28792 Henderson
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Mud Creek
3b. Water Resources Classification of nearest receiving water: *
Class C, Index #: 6-55
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.
060101050301
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 review area is approximately 14.2 acres. The property has recently been used as a single family residence and all structures were demolished when the applicant purchased the
property. The site generally consists of undeveloped land consisting overgrown field areas and a patch of trees near the previous residence. The surrounding land use is mostly residential
with some commercial businesses located South. A greenway is located across Mud Creek from the review area and there are overhead electric lines along the floodplain of Mud Creek
within the review area.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.308
4g. List the total estimated linear feet of all existing streams on the property:
1,497
4h. Explain the purpose of the proposed project: *
The project purpose is for the construction of a residential development consisting of 26 townhomes. The development will also require the construction of parking areas, utilities, and
additional associated infrastructure.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will require mechanized land clearing for grading to remove existing vegetation and to prepare the ground surface for construction. Heavy equipment will be used for grading
and clearing activities. The development will include 16 townhomes with a footprint of 1,485 SF and 10 townhomes with a footprint of 884 SF.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
Delineation was May 12, 2022
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01527
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jennifer Robertson
Agency/Consultant Company: Atlas Environmental, Inc.
Other: Delineation by Atlas Staff
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
PJD issued on July 27, 2022 by Mr. David Brown.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Access road
P
Headwater Forest
WL 2000
Yes
Corps
0.013
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.013
2g. Total Permanent Wetland Impact
0.013
2i. Comments:
Wetland 2000 totals 0.304 acre and only 0.013 acre is proposed to be filled for a road crossing to access the development. The impact is being required
due to comments received from Hendersonville during plan review. All impacts to aquatic resources have been avoided except for the road crossing to
access the development.

E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The site layout, positioning, and sizing of the proposed homes were designed and engineered to avoid and minimize impacts to the greatest extent
possible. There are no proposed impacts to streams. One wetland (WL 2000) will be impacted for a road crossing to access the development. Impact
W1 is 0.013 acre of permanent fill to wetland WL 2000.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Wetland impact W1 is being required due to comments received during plan approval from Hendersonville. The original site plan did not include impacts
to aquatic resources. The impact is due to the road improvement to meet NC DOT standards to access the development.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The wetland impacts are under the mitigation threshold for DWR and the Corps.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is not located within or adjacent to waters which include Riparian Buffer Protection Rules.
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:
Less than 24% impervious cover.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This project is a complete project which is not phased and has no reasonable anticipated future impacts.
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPAC and NHP
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC HPO buffer map identified a local historic district located South of the project review area. This historic district will not be visible from this project.
The Corps is requiring shovel tests surrounding their project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
Project engineers are coordinating all FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?*
FEMA NFHL google earth .kml layer
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
00 DWR 30 Day Notice.pdf
1 Preliminary ORM Data Entry Fields for New Actions_print.pdf
2 Cover Letter.pdf
4 Agent Authorization.pdf
5 2022-10-05 Site Plan to Atlas.pdf
6 Queen Street Aquatic Resource Sketch Map_20220727.pdf
07 PhotographsPrint.pdf
08 Queen Street Photo Map.pdf
9 20220624_22-387_USACE_Queen Street_Henderson Co.pdf
10 ER-22-1579.pdf
11 SAW-2022-01527 Queen Street Property PJD.pdf
01 All Maps.pdf
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Comments
Signature
• By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Jennifer Robertson
Signature
Date
11/7/2022