20240160 Ver 1_ePCN Application_20240123

i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240160
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Tyler Hickman:Tyler.Hickman
Information for Initial Review
la. Name of project:
River Stone Business Park Sites 4 & 5
1a. Who is the Primary Contact? *
Alex Lowdermilk
1b. Primary Contact Email: *
[e-mail]
Date Submitted
1/23/2024
Nearest Body of Water
Floyds Creek
Basin
Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.216876-81.842786
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Rutherford
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1c. Primary Contact Phone:*
[phone]
O

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
39 - Commercial/Institutional Developments
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
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:
RUTHERFORD COUNTY ECONOMIC DEVELOPMENT CORPORATON
2b. Deed book and page no.:
2028/3997
2c. Contact Person:
Mike Gavin (Chairman)
2d.Address
Street Address
142 E Main Street, Suite 100
Address Line 2
city
State / Province / Region
Forest City
North Carolina
Postal / Zip Code
Country
28043
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Alex Lowdermilk
4b. Business Name:
McGill Associates, PA
4c.Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
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 / town:
Forest City
2. Project Identification
2a. Property Identification Number:
1636891,1636890
2c. Project Address
Street Address
Off Ash Street
Address Line 2
city
Forest City
Postal / Zip Code
28043
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Floyds Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050502
4. Project Description and History
2f. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
2b. Property size:
23.4
State / Province / Region
North Carolina
Country
United States
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 project site is currently located off Ash Street, Forest City, NC. The development will be on Rutherford County parcel numbers 1636891 and 1636890. The total area of the property is
+/- 24.3 acres with approximately 11.0 acres to be disturbed during construction activities. This disturbed area represents the total area to be disturbed during the entire course of this
project. All erosion control measures have been designed to manage the 25-year storm event. The project site is bordered by forest, residential, and agricultural lots to the north andwest,
US Highway 221 and forest to the east, and industrial business along Ash Street to the south.
a

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:
0.1512 acres
4g. List the total estimated linear feet of all existing streams on the property:
0.0534 acres
4h. Explain the purpose of the proposed project:*
River Stone Business Park is a proposed grading project to prepare for future commercial use. (See Appendix 4 - Plans Set included as an attachment to the Biological Evaluation)
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Several alternatives were explored during the designing process for the proposed project. The alternative chosen maximized developable land while being the least impacting to
jurisdictional features and Dwarf -flowered Heartleaf (DFH) within and adjacent to the project area. Due to topographical features within the project area which drop in elevation from 865
AMSL to 730 AMSL, significant cut and fill operations are necessary to achieve adequately sized building pads which will house the proposed commercial buildings and necessary access
roads. Additionally, the unnamed tributary to Floyds Creek bisects the property, limiting buildable area. In order for the project to be economically feasible for Rutherford County, grading
operations must extend into DFH population, wetland, and stream areas resulting in permanent impacts. Materials will be stored in upland areas. The proposed project consists of the
construction of two (2) driveways and grading building pads for a 30,000 SF building and a 50,000 SF building (See Appendix 4 - Plans Set).
The proposed permanent impacts for the project total approximately 0.0053 acres of stream impacts and 0.0636-acres of wetland impacts (S1 - 0.0050, S2 - 0.0003, and W1 - 0.0636)
resulting from grading and fill activities for the proposed project. See Appendix 1 - Impacts Map. No impacts are planned for the remaining jurisdictional areas and DFH areas located
outside of the limits of disturbance on the subject property. Silt fence will be installed during construction to prevent runoff from impacting adjacent jurisdictional areas and DFHL areas on -
site. Proposed temporary diversion ditches will flow into skimmer sediment basins to control onsite sedimentation. See Appendix 4 - Plans Set - C-303 Grading & Stormwater Plan.
No indirect impacts are anticipated for the proposed project.
Typical grading equipment such as track hoes, dump trucks, skid steers, and dozers will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
See Appendix 3 - PJD Request
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
N/A
5c. If 5a is yes, who delineated the jurisdictional areas?
.......................
Name (if known): Alex Lowdermilk/Jon Swaim
Agency/Consultant Company: McGill Associates, PA
Other: 11/21/2022 & 12/12/2023
6. Future Project Plans
6a. Is this a phased project?*
Yes No
O Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition *
?)
2g. Impact
area *
W1
Grading
P
land Hardwood Forest �W7A
ffom
[��Corlp.
]0.063
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.063

2g. Total Wetland Impact
0.063
2i. Comments:
See Appendix 1 - Impacts Map for approximate acreage.
3. Stream Impacts
S1
3a. Reason for impact (?)
Grading
9
3b.lmpact type"
Permanent
3c. Type of impact*
Fill
3d. S. name*
S2 UT-1 To UT-1 To Flo ds
( Y
Creek)
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
1
Average (feet)
3h. Impact
length*
11
(linear feet)
S2
Grading
Permanent
Fill
S3 (UT-1 To UT-1 To UT-1 To
Floyds Creek)
Intermittent
Both
2
Average (feet)
70
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
81
3i. Total stream and ditch impacts:
81
3j. Comments:
See Appendix 1 - Impacts Map for approximate acreage.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Several alternatives were explored during the designing process for the proposed project. The alternative chosen maximized developable land while
being the least impacting to jurisdictional features and Dwarf -flowered Heartleaf (DFH) within the project area. Due to topographical features within the
project area which drop in elevation from 865 AMSL to 730 AMSL, significant cut and fill operations are necessary to achieve adequately sized building
pads which will house the proposed commercial buildings and necessary access roads. Additionally, the unnamed tributary to Floyds Creek bisects the
property, limiting buildable area. In order for the project to be economically feasible for Rutherford County, grading operations must extend into DFHL
population areas resulting in permanent impacts. The final design was chosen as it limits these impacts while maximizing the developable area.
Materials will be stored in upland areas. All temporarily disturbed stream beds/stream banks due to temporary construction access will be returned to
original conditions and elevations. All temporarily disturbed wetlands will be allowed to return to natural conditions.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fence will be installed during construction to prevent runoff from impacting adjacent jurisdictional areas and DFHL areas on -site. Proposed temporary
diversion ditches will flow into skimmer sediment basins to control onsite sedimentation. See Appendix 4 - Plans Set - C-303 Grading & Stormwater
Plan.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project does not exceed thresholds requiring compensatory mitigation for Nationwide Permit 39.
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
If no, explain why:
The project is located in the Broad River Basin which is not subject to Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
See attached plan set (C-303).
a
O

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.
No additional development anticipated as a result of the proposed work.
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 Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://ipac.ecosphere.fws.gov/ - https://ncnhde.natureserve.org/ -
https://www.ncnhp.org/conservation/natural-areas
See Appendix 4 - Biological Evaluation - McGill Associates initiated consultation with Byron Hamstead, USFWS concerning known and confirmed dwarf -
flowered heartleaf populations on the properties. A portion of these plants are anticipated to be impacted as a result of the proposed project. McGill
prepared the attached Biological Evaluation requesting concurrence.
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?
https://www.fisheries. noaa.gov/resou rce/map/essential-fish-habitat-mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?
Yes No

7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
http://gis.ncdcr.gov/hpoweb/
See Appendix 2 - NCHPO Map
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?"
https://fris.nc.gov - See Appendix 5 - Flood Hazard Areas Map
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 dreg and drop files here to attach document
Final Appendices _1_22_2024.pdf 24.16MB
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:
Alex Lowdermilk
Signature
Ol'srAew apt+ i
Date
1/23/2024
O