20230747 Ver 1_ePCN Application_20230524

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
12/19/2022
BIMS # Assigned
20230747
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Pinnacle View Townhomes
1a. Who is the Primary Contact?*
Ariel Regnier
1b. Primary Contact Email: *
[e-mail]
Date Submitted
5/24/2023
Nearest Body of Water
Sweeten Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.552177
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
Yes No
Longitude:
-82.513748
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Moore:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

Is this a NCDOT Project?*
Yes No
1a.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
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
14 - Linear transportation
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Douglas E Styles (ETAL) Wendy Styles Pumphrey (ETAL)
2b. Deed book and page no.:
4337-1232
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
17 Pinnacle View Road
Address Line 2
City
Asheville
Postal / Zip Code
28803
2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:
Morton Mary
2b. Deed book and page no.:
6084-965
2c. Contact Person:
2d. Address
Street Address
PO Box 11064
Address Line 2
City
Charlotte
Postal / Zip Code
28220
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
2a. Name(s) on recorded deed:
Morton Mary
2b. Deed book and page no.:
6084-965
2c. Contact Person:
2d. Address
Street Address
PO Box 11064
Address Line 2
city
Charlotte
Postal / Zip Code
28220
2e. Telephone Number:
[phone]
2g. Email Address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
John Boniface
3b. Business Name:
TR 31 Pinnacce View LLC.
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2f. Fax Number:

3c. Address
Street Address
6260 Avalon Blvd
Address Line 2
City
Alpharetta
Postal / Zip Code
30009
3d. Telephone Number:
[phone]
3f. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Ariel Regnier
4b. Business Name:
Wade Trim Inc.
4c. Address
Street Address
53 N. Market Street
Address Line 2
Suite 200
city
Asheville
Postal / Zip Code
28801
4d. Telephone Number:
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(If appropriate)
N/A
1c. Nearest municipality I town:
Asheville
2. Project Identification
2a. Property Identification Number:
9657446657,9657446847,9657449785
2c. Project Address
Street Address
17 Pinnacle View Rd
Address Line 2
City
Asheville
Postal / Zip Code
28803
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Sweeten Creek
3b. Water Resources Classification of nearest receiving water:
C
State / Province / Region
GA
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
6.53
State / Province / Region
NC
Country
USA
a
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
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 is currently mostly open grass and light forest growth with two single family homes and associated garage/sheds near each home. A stream source can be found on the site which
flows into Sweeten Creek. The general land around the site is the same, single family homes.
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
4g. List the total estimated linear feet of all existing streams on the property:
487
4h. Explain the purpose of the proposed project:"
To provide housing for residence of Buncombe county and the city of Asheville.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The project is to construct 73 single family townhomes style units and associated infrastructure. The site would site at the end of Pinnacle View road and loop around, crossing the existing
stream on site; this will be require a culvert to be installed to maintain flow under the proposed road. Track hoes will be used to place fill over the proposed culvert, and all work will take
place in the dry by using by-pass pumping. Additional dozers and dump trucks will be on site for dirt moving purposes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
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?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
U
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
M
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Roadway Crossing
Permanent
Culvert
Unnamed Tributary to
Sweeten Creek
Perennial
Both
3
Average (feet)
175
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
175 0

3i. Total stream and ditch impacts:
175
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Walls were designed to reduce the amount of stream impacted
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
By-pass pumping will be utilized to minimize impacts during the project. Minimal disturbance will be achieved by only allowing equipment within the
footprint of the disturbed area.
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:
Project under the threshold to require Compensatory Mitigation
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
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
O
O
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:
The stormwater management for this project is governed by Buncombe County, currently plans are under review for compliance with the county's requirements.
G. Supplementary Information
1. Environmental Documentation
1a. 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 under review by Buncombe County to ensure that water quality is maintained.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?"`
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?"`
Yes No
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
Unknown
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?
Online resources, NC wildlife.org, NCpedia.org
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
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?
Buncombe County GIS
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 Flood 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
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:
Ariel Regnier
Signature
A„el Re9tier
Date
5/24/2023