20221732 Ver 1_ePCN Application_20221207

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:
11/1/2022
BIMS # Assigned* Version#*
20221732 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:
Manna Food Bank
la. Who is the Primary Contact?*
Warren Eadus
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/7/2022
Nearest Body of Water
UT Beetree Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.615444 82.432511
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

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: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
39
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:
Manna Food Bank INC
2b. Deed book and page no.:
6277-1965
2c. Contact Person:
Claire Neal
2d. Address
Street Address
627 Swannanoa Rd.
Address Line 2
City
Asheville
Postal /Zip Code
28805
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Manna Food Bank INC
3b. Business Name:
3c. Address
Street Address
627 Swannanoa Rd.
Address Line 2
City
Asheville
Postal / Zip Code
28805
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Warren Eadus
4b. Business Name:
Quible & Associates, P.C.
4c. Address
Street Address
90 Church Street Suite B
Address Line 2
City
Asheville
Postal / Zip Code
28711
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Swannanoa
2. Project Identification
2a. Property Identification Number:
968906065300000
2b. Property size:
17.56

2c. Project Address
Street Address
35 Old Bee Tree RD
Address Line 2
City State / Province / Region
Swannanoa NC
Postal / Zip Code Country
28788 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT Beetree Creek
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.
060101050603
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 17.56 acre site is a former farm field that was a part of a larger tract (larger tract was a Brownfields Property) that included an adjacent industrial property (Dyna-Diggr LLC). The site
was actively farmed approximately two years ago and is currently fallow. There are ponds, wetlands and streams and some old farm ditches on the property. The newly created parcel
(Nov. 22, 2022) is recorded in Buncombe County Plat Book 114 pg 171 (copy attached with this submission).
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-2022-01705
4f. List the total estimated acreage of all existing wetlands on the property:
31,352
4g. List the total estimated linear feet of all existing streams on the property:
3,475
4h. Explain the purpose of the proposed project: *
The site is proposed to be developed as a new Manna Food Bank Warehouse and office facility. Manna Food Bank is a non-profit regional food bank and they have outgrown their current
facility located in Asheville.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project would include the construction of a warehouse, offices, parking areas, stormwater management, vehicular accessways (employee and semi -tractor trailer deliveries)
and all associated and required utilities. Proposed impacts include fill of 5,744 sf of non -riparian wetlands for parking and semi -tractor trailer access. Fill of 700 sf/88 If of stream and
temporary impacts to 200 sf/20 If of stream for construction of a sanitary sewer line.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
2022-01705
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Warren Eadus
Quible & Associates, P.C.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
10/28/2022
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?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (9)
2a1 Reason (?)
2b. Impact type* (')
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1-Wetland A
Drive Aisle Infrastructure
P
Bottomland Hardwood Forest
Wetland A
Yes
Both
0.132
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.132
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.132
3a. Reason for impact (9)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(9)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Drive Aisle
Permanent
Workpad/Causeway
UT-1
Perennial
Both
8
Average (feet)
88
(linear feet)
S2
Utility Crossing
Temporary
Excavation
UT-1
Perennial
Both
10
Average (feet)
20
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
88
3i. Total stream and ditch impacts:
108
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
20
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The site plan has been amended to reduce impacts to UT-1 and wetlands from previous plans by shifting buildings and infrastructure as far north as
possible. Previous development plans also included a second drive access that entered the property from Warren Wilson Road. This was proposed to
alleviate truck traffic at the request of adjacent residential uses on Old Beetree Road. Manna was able to eliminate this second access and have all
semi -tractor trailers enter from Old Beetree Rd. Retaining walls will be used to minimize fill slopes and reduce impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction of retaining walls will limit fill slope impacts. The temporary impacts associated with the sewer line installation will be performed by
excavating from high ground and placing excavated material in uplands. The contractor installing the sewer line will pump any water around the
excavation site and work in the dry.
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:
During an onsite review of the wetlands and streams, the USACE representative indicated that mitigation would not be required.
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:
Not located in a protected watershed.
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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
A state stormwater permit will be sought for the proposed development. Stormwater will be managed on site via an approved SCM.
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 development is all that is proposed for this site and does not involve the creation of any infrastructure that would lead to additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The project will connect to the municipal sewer system.
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

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 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?
N/A
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
66. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
N/A
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?*
N/A
8. Flood Zone Designation (Corps Requirement)
8a. 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 floodplain 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 here to attach document
P21029 NAT 39 SITE PLAN vl.pdf 2.24MB
Recombination Plat C1.pdf 379.63KB
File must be PDF or KMZ
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:
Warren Eadus
Signature
be_4/2,/

Date
12/7/2022

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