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HomeMy WebLinkAbout20221760 Ver 1_ePCN Application_20221213DWR 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: 10/19/2022 BIMS # Assigned* Version#* 20221760 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 - (828) 296-4500 Andrew Moore:eads\awmoore3 Information for Initial Review la. Name of project: Redwood Commons la. Who is the Primary Contact?* Steve Sceranka 1 b. Primary Contact Email:* lc. Primary Contact Phone:* ssceranka@buckeyehope.org (440)567-6069 Date Submitted 12/13/2022 Nearest Body of Water Swannanoa River Basin French Broad Water Classification Class C Site Coordinates Latitude: Longitude: 35.57859 -82.51263 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: 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: Realty Company II LLC & Swannanoa River Rd LLC 2b. Deed book and page no.: 3520/0714 & 1861/457 2c. Contact Person: Wes Morgan 401 Water Quality Certification - Express Riparian Buffer Authorization 2d. Address Street Address PO Box 15881 Address Line 2 City State / Province / Region Asheville North Carolina Postal /Zip Code Country 28813 United States Yes No Yes No 2e. Telephone Number: (828)242-1894 2f. Fax Number: 2g. Email Address: * wesm@naibeverly-hanks.com 3. Applicant Information (if different from owner) 3a. Name: Steve Sceranka 3b. Business Name: Buckeye Community Hope Foundation 3c. Address Street Address 3021 E. Dublin -Granville Road Address Line 2 City Columbus Postal / Zip Code 43231 3d. Telephone Number: (440)567-6069 3f. Email Address: * ssceranka@buckeyehope.org 4. Agent/Consultant (if applicable) 4a. Name: Thomas Hawkins 4b. Business Name: ECS Southeast LLP 4c. Address Street Address 1200 Woodruff Road Address Line 2 Suite H-12 City Greenville Postal / Zip Code 29607 4d. Telephone Number: (864)987-1815 4f. Email Address: * thawkins@ecslimited.com C. Project Information and Prior Project History State / Province / Region Ohio Country United States 3e. Fax Number: State / Province / Region South Carolina Country United States 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Asheville 2. Project Identification 2a. Property Identification Number: 965854606000000 & 965853892200000 2b. Property size: 2.73 2c. Project Address Street Address 21 Governors View Road Address Line 2 City Asheville Postal / Zip Code 28805 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Swannanoa River 3b. Water Resources Classification of nearest receiving water: * Class 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. 060101050604 4. Project Description and History State / Province / Region North Carolina Country Buncombe County 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 site primarily consists of vegetated and wooded land. The site was formerly developed with two structures associated with the Smokey Mountain Petroleum Company. Remnants of the former development still visible at the site include gravel areas, concrete building pads, and a partial block wall. The site was first developed for commercial use in the 1950s-1960s and previous tenants of the site have included Watkins Motor Lines (trucking terminal), Asheville Lumber Company (window and door distributor), Mr. Morgan (HVAC ductwork), and Smokey Mountain Petroleum Company. The land use in the vicinity of the site is predominately a mixture of single-family residential and commercial properties. 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: 0.0054 4g. List the total estimated linear feet of all existing streams on the property: 218 4h. Explain the purpose of the proposed project: * The purpose of the project is to developed the property into a 70-unit affordable housing development for seniors. Affordable housing is deemed necessary for the area based on feedback received from the City of Asheville. The area containing the project site has limited available land that meets the requirements of the North Carolina Housing Finance Agency. The project site is conveniently located within close proximity to amenities that seniors may require including grocery and retail stores, medical facilities, and public transportation. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed housing development would consist of a structure approximately 69,500 square feet with an 18,500 square feet footprint and containing 70 units for lease to senior citizens. Two access drives from Governors View Road, to the north, would provide entry into the property and into the parking lot containing approximately 73 parking spaces. The project has incurred approximately $38,000 in costs to date. During the construction phase, a construction entrance consisting of railroad ballast stone will be placed for entry to Governors View Road. Impacts are proposed for the existing stream transecting the center of the site. A 36-inch reinforced concrete pipe (RCP) culvert is proposed for placement within the stream. The existing 36-inch corrugated metal pipe (CMP) culvert on the northeast portion of the site will be replaced with RCP. The replacement of the existing CMP culvert is not considered part of the impacts for the project. The proposed RCP culvert will be tied into an existing 36-inch RCP culvert which currently flows under the western adjoining property. Silt fencing will be placed along the 0.59-acre limit of disturbance for the stream culvert. Gravel and riprap pipe inlet protection will be placed to prevent sediment of the down -stream reach of the stream during construction. A temporary stream bypass will be constructed to the south of the existing stream and lined with rolled erosion control products to prevent erosion and sediment release. The temporary stream bypass will allow dry working conditions for the placement of the RCP culvert within the existing stream bed and will be in place for a maximum of 90 days. The RCP culvert will be embedded to a depth of 8" below the existing grade of stream bed, which is 20% of the culvert dimenions per regional condition requirements. Following construction of the RCP culvert, the temporary stream bypass will be removed and the existing stream flow path will be restored. Natural stream substrate from upstream of the RCP culvert will be deposited within the culvert system through natural processes. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: Delineated by ECS on April 22, 2021. 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Thomas Hawkins Agency/Consultant Company: ECS Southeast LLP Other: 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? No other NWPs, RGPs, or IPs are proposed in relation to this project. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 3. Stream Impacts Streams -tributaries Pond Construction Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Culvert beneath proposed parking lot. Permanent Culvert S1 Perennial Both 4 Average (feet) 218 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 218 3i. Total stream and ditch impacts: 218 3j. Comments: 0.018-acre, 12 cubic yards E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The site has various constraints with respect to the proposed development including required buffers/setbacks and the irregular shape of the parcels on the southern portion of the site. Due to the small size of the site, these constraints limit the building pad for the structure, parking spaces, and access roads to be focused on the central portion of the site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A retaining wall will limit the proposed development near the wetlands and upstream section of the impacted stream on the eastern portion of the site. Additionally, construction techniques for sediment and erosion control will include silt fencing, a temporary stream bypass, and gravel and riprap inlet protection. 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: Proposed stream impacts for the project include 218 linear feet (0.018-acre, 12 cubic yards) of permanent stream fill (culvert) which is beneath the typical mitigation threshold of 0.02-acre for the USACE and 300 linear feet for the DWR. 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: On -site stream not listed or classified on the NCDEQ Surface Water Classifications GIS. Site is north of the Swannanoa River (6-78) which is classified as C. Buffers for the Swannanoa River were not depicted on the GIS tool. 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: SMP is still in design. SMP will comply with the applicable local regulations, which are beyond the typical State requirements. The SMP will include treatment of the first 1" of rainfall, and extended detention for the 2yr-24hr storm and the 10yr-24hr storm events. This site specifically also is required to maintain conveyance of offsite flows and onsite runoff for the 100 year storm through the site due to the sites location within the 100yr flood plain. G. Supplementary Information h 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. The project is not associated with other developments within the greater surrounding area, nor will the project provide transportation, utilities, or other amenities beyond those necessary for the project site itself. 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. Metropolitan Sewage District 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 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? An official species list from the USFWS IPaC website was requested on November 15, 2022. According to the species list, Gray Bat (Endangered), Northern Long -Eared Bat (Threatened), Tricolored Bat (Proposed), Bog Turtle (Threatened), Appalachian Elktoe (Endangered), Monarch Butterfly (Candidate), Mountain Sweet Pitcher -Plant (Endangered), and Rock Gnome Lichen (Endangered) were listed as species with potential to be present within the geographic area of the project. No critical habitats were reported within the project area. The NC NCNHP website was queried for the project on November 15, 2022. According to the response, there are recorded occurrences of Spotfin Chub (Federal & State Protected) last observed in 1888, Blotched Chub (State Significantly Rare) last observed in 2019, and Blotchside Logperch (State Endangered) last observed in 1945 within the project area. The City of Asheville - River Bend Park Greenway is a managed area reported to occur within the project area. Of the aforementioned species, only Spotfin Chub was listed as federally protected. Based on the last observation date (1888) of the species, it is considered unlikely that the species is present at the project site. The vegetation at the project site consists of several mature hardwoods, approximately 30-40 years of age, on the northwest portion of the site, with immature hardwood and ornamental trees planted along the western and eastern boundaries of the site. Several young river birch were observed near a stream that enters the northeast corner of the site. The understory within the site is densely vegetated and dominated by kudzu. Gray Bat, Northern Long -Eared Bat, Tricolored Bat The mature hardwoods present on the northwest portion of the site were observed to have dense kudzu growth along the trunks and lower branches, limiting their potential for use as maternity roost trees. Caves, mines, structures and other hibernacula were not observed on the project site. Based on our observations, potential habitat for Gray Bat, Northern Long -Eared Bat, and Tricolored Bat does not appear to be present at the project site; therefore, ECS concludes that a finding of may affect not likely to adversely affect is suitable for the project. Bog Turtle Riparian wetlands were observed along an unnamed stream that enters the eastern boundary of the site. The wetlands were located within a terraced area that appears to receive regular overbank flow from the unnamed stream and contained a mixture of coarse alluvial sediment. The project site did not contain bogs, spring seeps, marshy meadows, or other slow, muck -bottomed wetlands that are typically associated with Bog Turtle. Therefore, suitable habitat for Bog Turtle does not appear to be present at the project site and the project should have no effect on the species. Appalachian Elktoe An unnamed stream (tributary to Swannanoa River) was observed within the project site. The ordinary high water mark of the stream averages four feet in width and varies from six inches to two feet in depth. The flow within the stream is moderate when it enters the site and slows towards the culvert outlet on the western portion of the site. The substrate within the stream bed primarily consisted of silts and sands with pebble -sized rock within the riffle sections of the stream. The stream did not appear to contain the silt -free substrate with cobble, boulders, and/or bedrock that is considered the preferred habitat of Appalachian Elktoe. Based on the lack of suitable habitat within the project site, ECS concludes that the project should have no effect on the species. Monarch Butterfly The understory vegetation at the project site is dominated by kudzu and did not appear to contain the patches of milkweed that are considered breeding areas for Monarch Butterfly. Flowering species are present, however, and potential exists for Monarch Butterfly to be present at the project site during the warmer months of the year. Based on the lack of milkweed observed at the project site, ECS concludes that a may affect not likely to adversely affect is suitable for the project. Mountain Sweet Pitcher -Plant Riparian wetlands were observed along an unnamed stream that enters the eastern boundary of the site. The wetlands were located within a terraced area that appears to receive regular overbank flow from the unnamed stream and contained a mixture of coarse alluvial sediment. The project site did not contain bogs or seepage -fed wetlands that are not subjected to regular flooding. Based on our observations, suitable habitat for Mountain Sweet Pitcher -Plant is not present at the project site and the project should have no effect on the species. Rock Gnome Lichen Suitable habitat for Rock Gnome Lichen, which includes exposed rock outcroppings, cliffs, vertical rock faces, and/or boulders, was not observed on the project site and the project should have no effect on the species. 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? * The NOAA Fisheries Essential Fish Habitat Mapper was accessed on November 15, 2022. Essential Fish Habitat was not depicted on the project site, nor was habitat depicted within the greater surrounding area in Asheville, North Carolina. 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 HPOWEB 2.0 GIS tool was accessed on November 15, 2022. According to the tool, there are no documented historic or cultural resources documented on the project site. The nearest depicted resources to the project site include BN0648 Sayles Biltmore Bleacheries Industrial Plant (Gone) approximately 750 feet to the southwest and BN0346 Governor Locke Craig House (Gone) approximately 1,400 feet to the southeast. Based on a review of available historic aerial imagery and topographic maps, it appears that the western parcel of the project site was first developed with a commercial building in 1950. This parcel was occupied by Watkins Motor Lines (a trucking terminal) from 1976 until 1986. Asheville Lumber Company (a window and door distributor) operated on the western parcel from 1986 until 1990. The eastern parcel was developed with a commercial building in the 1960's and was occupied by Smokey Mountain Petroleum Company, Inc. (a petroleum fuel distribution facility) until 2004. Both parcels have been vacant since a flood event that occurred in September, 2004. Circa 2019, both structures appeared to have been demolished. Our review of historical information for adjoining or nearby properties identified the area as originally rural, residential land that transitioned to mixed -use commercial and residential area. Remnants of the former development still visible at the site include gravel areas, concrete building pads, and a partial block wall. Based on our review of the HPOWEB GIS tool, historic aerial imagery, and historic topographic maps, it does not appear that the redevelopment of the project site would impact historic or archaeological resources due to the previous commercial development of the property from at least the 1950s and the likely historic flooding that has occurred on the property due to the close proximity of the site to the Swannanoa River. 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: Areas of the property within the floodway shall remain at existing grade pre/post construction, and verified via pre/post asbuilt conditions to confirm a "No Rise" condition within those limits. Areas within the 100 year flood plain will be elevated with the import of approximately 30,000 cubic yards of fill bounded by retaining walls of various heights to provide a suitable building pad for the proposed structure above the 100 year flood elevation. This floodplain encroachment and modification shall also be reviewed by and permitted with the City of Asheville Development Services Department. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Hazard Zone Map - Panel 3700965800J dated January 6, 2010 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 Redwood Commons - NWP #18.pdf 42.22MB 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: Thomas Hawkins Signature OewelL6 .Wg.rs 041,E Date 12/13/2022 Appendix I: PCN Application & Appendices 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit 0 Section 404 Permit lb. Specify Nationwide Permit (NWP) number: #18 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No ld. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization 0 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ■ Yes 0 No ❑ Yes 0 No 1f. 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. • Yes 0 No lg. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. • Yes // No lh. Is the project located within a NC DCM Area of Environmental Concern (AEC)? • Yes 0 No 2. Project Information 2a. Name of project: Redwood Commons 2b. County: Buncombe 2c. Nearest municipality / town: Asheville 2d. Subdivision name: Redwood Commons 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Realty Company II LLC & Swannanoa River Rd LLC 3b. Deed Book and Page No. 3520/0714 & 1861/457 3c. Responsible Party (for LLC if applicable): Wes Morgan 3d. Street address: PO Box 15881 3e. City, state, zip: Asheville, North Carolina, 28813 3f. Telephone no.: (828)242-1894 3g. Fax no.: N/A 3h. Email address: wesm@naibeverly-hanks.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent 0 Other, specify: Prospective Purchaser 4b. Name: Steve Sceranka 4c. Business name (if applicable): Buckeye Community Hope Foundation 4d. Street address: 3021 E. Dublin -Granville Road 4e. City, state, zip: Columbus, Ohio, 43231 4f. Telephone no.: (440)567-6069 4g. Fax no.: N/A 4h. Email address: ssceranka@buckeyehope.org 5. Agent/Consultant Information (if applicable) 5a. Name: Thomas Hawkins 5b. Business name (if applicable): ECS Southeast LLP 5c. Street address: 1200 Woodruff Road, Suite H-12 5d. City, state, zip: Greenville, South Carolina, 29607 5e. Telephone no.: (864)987-1815 5f. Fax no.: N/A 5g. Email address: thawkins@ecslimited.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 965854606000000 & 965853892200000 1b. Site coordinates (in decimal degrees): Latitude: 35.57859 Longitude: -82.51263 lc. Property size: 2.73 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 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: See appendices. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0054 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 218 3d. Explain the purpose of the proposed project: See appendices. 3e. Describe the overall project in detail, including the type of equipment to be used: See appendices. 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? • Yes 0 No • Unknown Comments. 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary • Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Thomas Hawkins Agency/Consultant Company: Other: ECS Southeast LLP 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The project site was delineated by ECS on April 22, 2021. The findings have not been verified with the Corps or State at this time. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes /1 No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? • Yes No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Open Waters ❑ Pond Construction 0 Streams — tributaries • Buffers 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 Wetland 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 Stream S1 PER Corps 4 218 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 218 3i. Comments: 218 linear feet (0.018-Acre, 12 cubic yards below the plane of the ordinary high water mark) of fill via culvert proposed for project. 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 individually 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, then 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 P1 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 mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - 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 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The site has various constraints with respect to the proposed development including required buffers/setbacks and the irregular shape of the parcels on the southern portion of the site. Due to the small size of the site, these constraints limit the building pad for the structure, parking spaces, and access roads to be focused on the central portion of the site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A retaining wall will limit the proposed development near the wetlands and upstream section of the impacted stream on the eastern portion of the site. Additionally, construction techniques for sediment and erosion control will include silt fencing, a temporary stream bypass, and gravel and riprap inlet protection. 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 0 No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? fee program Mitigation • Mitigation bank ■Payment to in lieu ❑ Permittee Responsible 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. • 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 buffer mitigation? • Yes @ No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 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 la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? • Yes 0 No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. On -site stream not listed or classified on the NCDEQ Surface Water Classifications GIS. Site is north of the Swannanoa River (6-78) which is classified as C. Buffers for the Swannanoa River were not depicted on the GIS tool. • Yes • No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 55 % 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ 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: SMP is still in design. SMP will comply with the applicable local regulations, which are beyond the typical State requirements. The SMP will include treatment of the first 1" of rainfall, and extended detention for the 2yr-24hr storm and the 10yr-24hr storm events. This site specifically also is required to maintain conveyance of offsite flows and onsite runoff for the 100 year storm through the site due to the site's location within the 100yr flood plain. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Asheville - Development Serv. Dept. 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Asheville 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): @ Phase II • NSW UMP ❑ ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes 0 No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ORW 0 Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? • Yes 0 No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 0 Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? • Yes 0 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 (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes 0 No lb. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? • Yes • No 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 letter.) Comments: ❑Yes ■ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? • Yes /1 No 2b. Is this an after -the -fact permit application? • Yes /1 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 additional development, which could impact nearby downstream water quality? • Yes /1 No 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. The project is not associated with other developments within the greater surrounding area, nor will the project provide transportation, utilities, or other amenities beyond those necessary for the project site itself. 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. Metropolitan Sewage District will provide sanitary sewer services to the project site. 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 0 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes 0 No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See appendices. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? • Yes 1/ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper was accessed on November 15, 2022. Essential Fish Habitat was not depicted on the project site, nor was habitat depicted within the greater surrounding area in Asheville, North Carolina. 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)? ❑ Yes 1/ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See appendices. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No 0 Yes 8b. If yes, explain how project meets FEMA requirements: See appendices. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Hazard Zone Map - Panel 3700965800J dated January 6, 2010. f t Applicant/Agent's Printed Name 12-13-2022 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Appendices: ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 323F 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 site primarily consists of vegetated and wooded land. The site was formerly developed with two structures associated with the Smokey Mountain Petroleum Company. Remnants of the former development still visible at the site include gravel areas, concrete building pads, and a partial block wall. The site was first developed for commercial use in the 1950s-1960s and previous tenants of the site have included Watkins Motor Lines (trucking terminal), Asheville Lumber Company (window and door distributor), Mr. Morgan (HVAC ductwork), and Smokey Mountain Petroleum Company. The land use in the vicinity of the site is predominately a mixture of single-family residential and commercial properties. 3d. Explain the purpose of the proposed project: The purpose of the project is to develop the property into a 70-unit affordable housing development for seniors. Affordable housing is deemed necessary for the area based on feedback received from the City of Asheville. The area containing the project site has limited available land that meets the requirements of the North Carolina Housing Finance Agency. The project site is conveniently located within close proximity to amenities that seniors may require including grocery and retail stores, medical facilities, and public transportation. 3e. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed housing development would consist of a structure approximately 69,500 square feet with an 18,500 square feet footprint and containing 70 units for lease to senior citizens. Two access drives from Governors View Road, to the north, would provide entry into the property and into the parking lot containing approximately 73 parking spaces. The project has incurred approximately $38,000 in costs to date. During the construction phase, a construction entrance consisting of railroad ballast stone will be placed for entry to Governors View Road. Impacts are proposed for the existing stream transecting the center of the site. A 36-inch reinforced concrete pipe (RCP) culvert is proposed for placement within the stream. The existing 36-inch corrugated metal pipe (CMP) culvert on the northeast portion of the site will be replaced with RCP. The replacement of the existing CMP culvert is not considered part of the impacts for the project. The proposed RCP culvert will be tied into an existing 36-inch RCP culvert which currently flows under the western adjoining property. Silt fencing will be placed along the 0.59-acre limit of disturbance for the stream culvert. Gravel and riprap pipe inlet protection will be placed to prevent sediment of the down -stream reach of the stream during construction. A temporary stream bypass will be constructed to the south of the existing stream and lined with rolled erosion control products to prevent erosion and sediment release. The temporary stream bypass will allow dry working conditions for the placement of the RCP culvert within the existing stream bed and will be in place for a maximum of 90 days. The RCP culvert will be embedded to a depth of 8" below the existing grade of stream bed, which is 20% of the culvert dimenions per regional condition requirements. Following construction of the RCP culvert, the temporary stream bypass will be removed and the existing stream flow path will be restored. Natural stream substrate from upstream of the RCP culvert will be deposited within the culvert system through natural processes. ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited,cam 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? An official species list from the USFWS IPaC website was requested on November 15, 2022. According to the species list, Gray Bat (Endangered), Northern Long -Eared Bat (Threatened), Tricolored Bat (Proposed), Bog Turtle (Threatened), Appalachian Elktoe (Endangered), Monarch Butterfly (Candidate), Mountain Sweet Pitcher -Plant (Endangered), and Rock Gnome Lichen (Endangered) were listed as species with potential to be present within the geographic area of the project. No critical habitats were reported within the project area. The NC NCNHP website was queried for the project on November 15, 2022. According to the response, there are recorded occurrences of Spotfin Chub (Federal & State Protected) last observed in 1888, Blotched Chub (State Significantly Rare) last observed in 2019, and Blotchside Logperch (State Endangered) last observed in 1945 within the project area. The City of Asheville - River Bend Park Greenway is a managed area reported to occur within the project area. Of the aforementioned species, only Spotfin Chub was listed as federally protected. Based on the last observation date (1888) of the species, it is considered unlikely that the species is present at the project site. The vegetation at the project site consists of several mature hardwoods, approximately 30-40 years of age, on the northwest portion of the site, with immature hardwood and ornamental trees planted along the western and eastern boundaries of the site. Several young river birch were observed near a stream that enters the northeast corner of the site. The understory within the site is densely vegetated and dominated by kudzu. Gray Bat, Northern Long -Eared Bat, Tricolored Bat The mature hardwoods present on the northwest portion of the site were observed to have dense kudzu growth along the trunks and lower branches, limiting their potential for use as maternity roost trees. Caves, mines, structures and other hibernacula were not observed on the project site. Based on our observations, potential habitat for Gray Bat, Northern Long -Eared Bat, and Tricolored Bat does not appear to be present at the project site; therefore, ECS concludes that a finding of may affect not likely to adversely affect is suitable for the project. Bog Turtle Riparian wetlands were observed along an unnamed stream that enters the eastern boundary of the site. The wetlands were located within a terraced area that appears to receive regular overbank flow from the unnamed stream and contained a mixture of coarse alluvial sediment. The project site did not contain bogs, spring seeps, marshy meadows, or other slow, muck -bottomed wetlands that are typically associated with Bog Turtle. Therefore, suitable habitat for Bog Turtle does not appear to be present at the project site and the project should have no effect on the species. Appalachian Elktoe An unnamed stream (tributary to Swannanoa River) was observed within the project site. The ordinary high water mark of the stream averages four feet in width and varies from six inches to two feet in depth. The flow within the stream is moderate when it enters the site and slows towards the culvert outlet on the western portion of the site. The substrate within the stream bed primarily consisted of silts and sands with pebble -sized rock within the riffle sections of the stream. The stream did not appear to contain the silt -free substrate with cobble, boulders, and/or bedrock that is considered the preferred habitat of Appalachian Elktoe. Based on the lack of suitable habitat within the project site, ECS concludes that the project should have no effect on the species. Monarch Butterfly The understory vegetation at the project site is dominated by kudzu and did not appear to contain the patches of milkweed that are considered breeding areas for Monarch Butterfly. Flowering species are present, however, and potential exists for Monarch Butterfly to be present at the project site during the warmer months of the year. Based on the lack of milkweed observed at the project site, ECS concludes that a may affect not likely to adversely affect is suitable for the project. Mountain Sweet Pitcher -Plant Riparian wetlands were observed along an unnamed stream that enters the eastern boundary of the site. The wetlands were located within a terraced area that appears to receive regular overbank flow from the unnamed stream and contained a mixture of coarse alluvial sediment. The project site did not contain bogs or seepage -fed wetlands that are not subjected to regular flooding. Based on our observations, suitable habitat for Mountain Sweet Pitcher -Plant is not present at the project site and the project should have no effect on the species. Rock Gnome Lichen Suitable habitat for Rock Gnome Lichen, which includes exposed rock outcroppings, cliffs, vertical rock faces, and/or boulders, was not observed on the project site and the project should have no effect on the species. 7b. What data sources did you use to determine whether your site would impact historic or archaeological resources? The HPOWEB 2.0 GIS tool was accessed on November 15, 2022. According to the tool, there are no documented historic or cultural resources documented on the project site. The nearest depicted resources to the project site include BN0648 Sayles Biltmore Bleacheries Industrial Plant (Gone) approximately 750 feet to the southwest and BN0346 Governor Locke Craig House (Gone) approximately 1,400 feet to the southeast. Based on a review of available historic aerial imagery and topographic maps, it appears that the western parcel of the project site was first developed with a commercial building in 1950. This parcel was occupied by Watkins Motor Lines (a trucking terminal) from 1976 until 1986. Asheville Lumber Company (a window and door distributor) operated on the western parcel from 1986 until 1990. The eastern parcel was developed with a commercial building in the 1960's and was occupied by Smokey Mountain Petroleum Company, Inc. (a petroleum fuel distribution facility) until 2004. Both parcels have been vacant since a flood event that occurred in September, 2004. Circa 2019, both structures appeared to have been demolished. Our review of historical information for adjoining or nearby properties identified the area as originally rural, residential land that transitioned to mixed - use commercial and residential area. Remnants of the former development still visible at the site include gravel areas, concrete building pads, and a partial block wall. Based on our review of the HPOWEB GIS tool, historic aerial imagery, and historic topographic maps, it does not appear that the redevelopment of the project site would impact historic or archaeological resources due to the previous commercial development of the property from at least the 1950s and the likely historic flooding that has occurred on the property due to the close proximity of the site to the Swannanoa River. 8b. If yes, explain how project meets FEMA requirements: Areas of the property within the floodway shall remain at existing grade pre/post construction, and verified via pre/post as -built conditions to confirm a "No Rise" condition within those limits. Areas within the 100-year flood plain will be elevated with the import of approximately 30,000 cubic yards of fill bounded by retaining walls of various heights to provide a suitable building pad for the proposed structure above the 100 year flood elevation. This floodplain encroachment and modification shall also be reviewed by and permitted with the City of Asheville Development Services Department. Appendix II: ORM Form