20231318 Ver 1_Pre-Construction Notification (PCN) Form_20230925

DWR
IDIOM— 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
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govfVVaterResources/0/edoc/624704/PCN / 20Help/ 20File/ 202018-1-30.pdf
A. Processing Information O
Pre -Filing Meeting Date Request was submitted on:
7/24/2023
If this is a courtesy copy, please fill in this with the submission date.
Is this project connected with ARPA funding?"
Q Yes No
County (or Counties) where the project is located:"
Buncombe
Is this a NCDMS Project"
Q Yes QQ No
Click Yes, only if NCD MS is the applicant or co -applicant.
DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT
Is this project a public transportation project?"
Q Yes QQ No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps:"
0 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?"
Q Yes
QQ No
1 b. What type(s) of permit(s) do you wish to seek authorization?"
Q 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: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
List all NVV numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR:
check all that apply
0 401 Water Quality Certification - Regular ❑ 401 Water Quality Certification - Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑ 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: 0 Yes OO No

For the record only for Corps Permit:
O Yes OQ No
1f. Is this an after -the -fact permit application?"
O Yes OQ No
1g. 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.
O Yes OQ No
Acceptance Letter Attachment
Click the upload button or drag and drop files hereto attach document
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?"
O Yes No
1j. Is the project located in a designated trout watershed?"
* Yes O No
You must submit a copy of the appropriate Wildlife Resource Commission Office.
Linkto trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
la. Who is the Primary Contact?"
Mark Ficken
1c. Primary Contact Phone:"
1 b. Primary Contact Email" (xxx)xxx-xxxx
[e-mail] [phone]
1d. Who is applying for the permit?"
Q Owner Q Applicant (other than owner)
(Check all that apply)
1e. Is there an AgentlConsultant for this project?"
OQ Yes No
2. Owner Information
2a. Name(s) on recorded deed:"
Emily Eggert, Glen Eggert, Janille Eggert, Kristopher Eggert
2b. Deed book and page no.:
6181-752
2c. Contact Person:
(for Corporations)
2d.Address*
Street Address
2167 Highway 9
Address Line 2
City
State / Province / Region
Black Mountain
North Carolina
Postal /Zip Code
Country
28711
United States
2e. Telephone Number:"
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:"
Sheri Dubberly, Curtis Dubberly
2b. Deed book and page no.:
6183-1020
2c. Contact Person:
(for Corporations)

2d.Address*
Street Address
1006 Arezzo Circle
Address Line 2
City
State / Province / Region
Boynton Beach
Florida
Postal /Zip Code
Country
33436
United States
2e. Telephone Number:"
[phone]
2f. Fax Number
2g. Email Address:"
[e-mail]
2a. Name(s) on recorded deed:"
Westerfield Renovations LLC
2b. Deed book and page no.:
6035-0924
2c. Contact Person:
(for Corporations)
Mark Ficken
2d.Address*
Street Address
8500 Longview Club Drive
Address Line 2
City
State / Province / Region
Waxhaw
North Carolina
Postal /Zip Code
Country
28173
United States
2e. Telephone Number:"
[phone]
2f. Fax Number
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:"
Mark Ficken
3b. Business Name:
(if applicable)
Westerfield Renovations LLC
3c. Address"
Street Address
8500 Longview Club Drive
Address Line 2
City
State / Province / Region
Waxhaw
North Carolina
Postal /Zip Code
Country
28173
United States
3d. Telephone Number:"
[phone] 3e. Fax Number
3f. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)

4a. Name:"
Thomas Hawkins
4b. Business Name:
(if applicable)
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:"
[phone]
4f. Email Address:"
[e-mail]
C. Proiect Information and Prior Proiect History
1. Project Information
1a. Name of project:"
Westerfeld Estates
1b. Subdivision name:
(if appropriate)
Westerfeld Estates
1c. Nearest municipality/town:"
Black Mountain
2. Project Identification
State / Province / Region
South Carolina
Country
United States
4e. Fax Number:
(xxx)xxx-xxxx
2a. Property Identification Number:
(tax PIN or parcel ID)
2b. Property size:
063646335400000, 063643351400000, and
(in acres)
063653790100000
236.3
2c. Project Address
Street Address
Old Fort Road
Address Line 2
City
State / Province / Region
Black Mountain
North Carolina
Postal /Zip Code
Country
28711
United States
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:" Longitude:"
35.529507-82.241777
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Laurel Creek
3b. Water Resources Classification of nearest receiving water:"
C,Tr
Surface Water Lookup
U
lJ
lJ
3c. What river basin(s) is your project located in?"

Broad
3d. Please provide the 12-digit HUC in which the project is located."
030501050301
River Basin Lookup
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 currently consists of undeveloped, wooded land transected in areas by unimproved (gravel) roads. The site is bordered by Old Fort Road (to the south) and Forest Brook Drive (to
the north). The surrounding area generally consists of undeveloped, wooded land with scattered agricultural fields and residential properties along improved roadways.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
Q Yes OQ No O Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.883
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
14,674
4h. Explain the purpose of the proposed project:"
The purpose of the proposed project is to provide access to the tract for assessment of future development for large, single-family lots. There is a current gravel access road from Old Fort
Road which has been reported to require modification to account for surface drainage, existing site topography, and geometric requirements in order to meet revisions necessitated by the
NCDOT. Specifically, the proposed access location/alignment and wetland impacts are considered necessary in order to comply with NCDOT Driveway Permit requirements in addition to
meeting the requirements to detain runoff for compliance with the Buncombe County Stormwater Ordinance.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The entrance to the proposed access drive is located at coordinates 35.5291,-82.2420, and will tie to an existing paved roadway (Old Fort Road). The access drive will consist of an 8"
CABC base course covered 2" of S-9.5B asphalt surface course. Due to the existing elevations, the final road surface elevation will range from approximately 3-5 feet above the existing
grade and wetland area, requiring approximately 200 cubic yard of material in the area of the wetland footprint. A french drainage system consisting of 4" perforated pipe in washed #57
stone lined with filter fabric is proposed for dewatering of season water table fluctuations within the wetland area. A stormwater control measure is proposed to the east of the access drive
and will drain to the west and beneath the access drive before then being conveyed to the south/southwest and into a culvert beneath Old Fort Road. The french drainage system will
daylight to the west of the proposed access road and also drain into the culvert beneath Old Fort Road. Equipment utilized for the project will include a track excavator, dozer, skid steer,
farm tractor, hydro seeder, and dump trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
,!, Yes No
Comments:
Delineated by ECS in July/August, 2022.
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
OQ Preliminary O Approved O Not Verified O Unknown O N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2023-00351
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Thomas Hawkins
Agency/Consultant Company: ECS Southeast LLP
Other:
O 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 by Amanda Jones of the Asheville USACE Field Office on March 17, 2023. Field determination conducted with Amanda Jones of the USACE on February 27, 2023.
6. Future Project Plans
6a. Is this a phased project?"
Yes O No
6b. If yes, explain.
This project is specific to the construction of an improved and permanent access road necessary to assess the project site for the potential subdivision of the land for large, single-family
residential lots. Plans for structural development are not currently in place.
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? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
No other nationwide permits, regional general permits, or individual permits are proposed at this time.
D. Proposed Impacts Inventory
U
1. Impacts Summary

1a. Where are the impacts associated with your project? (check all that apply):
Wetlands ❑ Streams -tributaries Buffers
Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
2a1 Reason"(?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name"
2e. Forested"
2f. Type of Jurisdicition"
2g. Impact
area"
Fill
P
Headwater Forest
Wetland W7
Yes
Corps
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.030
2g. Total Wetland Impact
0.030
2i. Comments:
0.03-acre (1,104 SF) of fill proposed for project.
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:"
Other design iterations were attempted for the entrance drive to the site from Old Fort Road but geometric requirements by NCDOT required the current
and proposed alignment. Additionally, other entrance locations were considered but this location was chosen as the site topography (steep slopes)
would have prevent access in other areas bordering Old Fort Road, while other low-lying areas (valleys) would have required multiple stream crossings
in order to access the areas of the site serviced by this proposed entrance.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:"
A stormwater retention area is proposed to the east of the proposed drive entrance which will help to alleviate sediment and other surface pollutants
from entering nearby wetlands or waters. This retention area will be utilized for both construction and post -construction runoff in the drainage basin. In
addition, a french drain is proposed for installation to allow water table fluctuations within the impacted wetland to discharge upstream of the existing
culvert under Old Fort Road, where the current wetland area is presumed to discharge periodically.
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?
U Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project proposes the permanent fill of 0.03-acre of jurisdictional wetland and is considered a minimal discharge and below the typical mitigation threshold of 0.1-acre of wetland
impact.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
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?
v Yes No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
According to the NC DEQ website, the project site is not located within a river basin with riparian buffer protections.On-site streams were not listed or classified on the NCDEQ Surface
Water Classifications GIS with the exception of Laurel Creek, along Old Fort Road, which is classified as C,Tr. The Division of Energy, Mining, and Land Resources ("DEMLR") Rule 15A
NCAC 04B .0125 specifies a minimum 25-foot buffer, measured horizontally from the top of the bank, should be applied for trout waters. The wetland proposed for impact is approximately
125 feet northwest of Laurel Creek and separated from the receiving stream by Old Fort Road. The Wetland Impact Exhibit prepared by Brooks Engineering and attached within our
submittal depicts the existing streams and a 30-foot vegetative buffer. Based on the distance between Laurel Creek and the impact area, it does not appear that land -disturbing activities
associated with this wetland would be within the 25-foot trout buffer.
2. Stormwater Management Plan
O
0

2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
O Yes OQ No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?"
OQ Yes O No
To look up low density requirement click here 15A NCAC 02H .1003(2).
Comments:
The stormwater management plan is currently in progress and will be in compliance with Buncombe County Stormwater standards which requires peak runoff control for the 1-year and 24-
hour rainfall event.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds orthe 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 (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?"
O Yes No
3b. If you answered "no," provide a short narrative description.
This project is specific to the construction of an improved and permanent access road necessary to assess the project site for the potential subdivision of
the land for large, single-family residential lots. While future development for residential use is possible, there are no current plans in place which
indicate the extents of development or whether the development will result in impacts to nearby downstream water quality. This 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?"
U Yes OO No O 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 O No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?"
O Yes OQ No
5d. Is another Federal agency involved?"
n 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.?"
OQ Yes O No
5g. Does this project involve bridge maintenance or removal?"
O Yes OO No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*"
O Yes OO 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.?"
0 Yes OO No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
ECS completed a Protected Species & Cultural Resources Review for the project site on August 24, 2022. The NCNHP portal was reviewed as part of
this assessment and reported no species occurrence records with the project site, however, a natural area named Broad River Rare Plant Site was
documented on the southwest portion of the site and adjacent to Clear Branch. Within a one -mile radius of the project site, there were noted occurrences
of Lampshade Weaver (significantly rare), Broad River Stream Crayfish (significantly rare), Superb Jewelwing (significantly rare), and Mountain Heartleaf
(state endangered). Several natural communities including Acidic -Cove Forest, Chestnut -Oak Forest, Montane Oak -Hickory Forest, and Rich Cove -
Forest was noted within one mile of the PSA. Natural areas including Broad River Rare Plant Site and Cross Mountain, and a managed area named
Conserving Carolina Easement were also reported within one mile of the PSA.
The USFWS IPAC tool reported the following species with potential to occur at the project site: Bald Eagle, Gray Bat, Northern Long -Eared Bat, Bog
Turtle, Mountain Sweet Pitcher -Plant, White Irisette, and Rock Gnome Lichen. Based on our site reconnaissance in July -August, 2022, potential habitat
for Gray Bat, Northern Long -Eared Bat, Rock Gnome Lichen, and Mountain Sweet Pitcher -Plant was observed on the project site.
An updated IPAC list was requested on August 1, 2023, and reported the aforementioned species with the addition of Tricolored Bat (Proposed
Endangered) and Monarch Butterfly (Candidate). No critical habitats were reported within the project area. An updated NHP report was requested on
August 1, 2023. The report stated that there are no element occurrences documented within the project area and documented the same natural areas
and managed area mentioned in the previous report. Noted natural communities were consistent with the previous NHP report. Documented species
occurrences within one -mile of the project area included Crevice Salamander (special concern), Broad River Stream Crayfish (significantly rare), Superb
Jewelwing (significantly rare), and Mountain Heartleaf (state endangered).
The federally threatened/endangered species documented with potential to occur in the project area were not observed within the proposed wetland
impact area during our reconnaissance efforts, however, the proposed wetland area does contain potential habitat for Rock Gnome Lichen (rock
outcroppings located on neighboring slopes) and potential summer habitat for Gray Bat and Northern -Long Eared Bat within the forested land adjacent
to and within the wetland area proposed for impact. A copy of the Protected Species & Cultural Resources Review, updated IPAC list, and updated NHP
report are included in this submittal.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?"
Yes OO No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
The NOAA Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/apps/efhmapper/efhreporttindex.html) was consulted on August 1, 2023. No
essential fish habitat, habitat areas of particular concern, or other EFH resources were observed within the vicinity of the project site.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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)?"
O Yes Co No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
ECS completed a Protected Species & Cultural Resources Review for the project site on August 24, 2022. During our review of the NCSHPO On -Line
GIS Database, no historic resources were identified within the PSA or within 1,500 feet of the project site (NCHPO HPOWEB figure). The closest
historical structure, the I.V. Stroud House, was found to be approximately 2,400 feet to the west of the site.
During the site reconnaissance, ECS observed two derelict structures located on the southeast portion of the site, a cistern that appeared to have been
constructed on a springhead located on the northwest portion of the site, and a springhead structure constructed of stone located on the southeast
portion of the site.
ECS reviewed the available historic topographic maps and aerial photographs for evidence of structures or landmarks which may indicate potential
historic or cultural resources on the site. Historic topographic maps dated 1964 and 1972 depicted a structure located on the southeast portion of the
site. Historic aerial imagery dated 1955 and 1956 depicted an apparent residential structure in the southeast portion of the site which corresponds with
the structure depicted on the historic topographic maps. The depicted location of the structure corresponds with the dilapidated wooden structure with
stone chimney observed by ECS during our field reconnaissance.
Based on our site visit, review of historical aerial/topographic resources, and the Online NCSHPO GIS Database, ECS identified four potentially
significant architectural or cultural resources on the project site. The observed resources were not identified within the vicinity of the proposed wetland
impact area. The HPOWEB was consulted on August 1, 2023, and based upon the results depicted, the nearest historic resource identified are two
structures located approximately 1,600 feet southwest of the project site: Site ID BN6879 (Wingo House), reported as ineligible for the National Register
of Historic Places (NRHP), and, Site ID BN6878 (Pinholster House), reported as ineligible for the NRHP. A copy of the NCSHPO GIS Map is included in
this submittal.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https:Hmsc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
O Yes OO No
8c. What source(s) did you use to make the flood plain determination?"
The FEMA National Flood Hazard Layer Firmette for the project area depicts the project site within an area of minimal flood hazard (Zone J) and is
documented on FEMA Panel 3710062600K dated January 6, 2010, and attached within this submittal.
Miscellaneous

Comments
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 hereto attach document
Westerfield EPCN Attachments.pdf
File must be PDF or KMZ
Signature
Q By checking the box and signing below, I certify that:
11.72MB
• 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.
• have given true, accurate, and complete information on this form;
• 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"
Date
8/2/2023