20240184 Ver 1_ePCN Application_20240126

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# *
20240184
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]
Andrew Moore:andrew.w.moore
Information for Initial Review
la. Name of project:
Goode Preserve
1a. Who is the Primary Contact? *
Mills River Ventures LLC
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/26/2024
Nearest Body of Water
Line Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude: Longitude:
35.4279-82.5716
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Is this project a public transportation 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
29 - Residential 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:
Mills River Ventures LLC
2b. Deed book and page no.:
IDS 3994 PG 18
2c. Contact Person:
Chris Larsen
2d.Address
Street Address
157 S. Lexington Avenue
Address Line 2
City
State / Province / Region
Asheville
NC
Postal / Zip Code
Country
28801
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Warren Eadus
4b. Business Name:
Quible & Associates, P.C.
4c.Address
Street Address
90 Church Street Suite B
Address Line 2
City
Black Mountain
Postal / Zip Code
28711
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Goode Preserve
1c. Nearest municipality / town:
Mills River
2. Project Identification
2a. Property Identification Number:
9632694083;9632691796;
2c. Project Address
Street Address
5674 Old Haywood Rd
Address Line 2
City
Mills River
Postal / Zip Code
28759
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Line Creek
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050704
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
18.2
State / Province / Region
NC
Country
USA
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: *
Existing residential property has been subdivided into single family residential lots. Surrounding properties are mixed residential and commercial properties.
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:
3.73 acres
4g. List the total estimated linear feet of all existing streams on the property:
1,040
4h. Explain the purpose of the proposed project:*
Installation of a required six inch water line to serve a residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Existing residential property has been subdivided into several single family residential lots. A new six inch water line is required for the subdivision (fire hydrants and fire suppression). Two
culverted and unnamed tributaries must be crossed for the installation of the water line. There is not sufficient ground cover between the top of the culverts and existing road surface and
right of way to install the six inch water line. Therefore, the proposed water line would be buried 2-3 feet below the bottom of the existing unnamed tributaries. Impacts to the two tributaries
would be temporary and the tributaries will be restored to their pre-existing elevations once the water line is installed.
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:
SAW-2022-01524
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Warren Eadus
Agency/Consultant Company: Quible & Associates, P.C.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Corps Determination July 13, 2022
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
NO
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
❑
S1
3a. Reason for impact (?)
Water line
3b.lmpact type"
Temporary
3c. Type of impact"
Excavation
3d. S. name*
UT-3
3e. Stream Type *
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
Average (faeQ
31h. Impact
Ilength*
13
(linear feet)
g2
Water line
Temporary
Excavation
UT-1
Perennial
Both
Average (feet)
13
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total temporary stream impacts:
26
3i. Total stream and ditch impacts:
26

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:
Borings were advanced around the location of the existing culverts where the proposed water line would cross the jurisdictional streams and there is
insufficient ground cover to bury the water line over the existing culverts. The proposed impacts are the minimum required to safely install the water line
per City requirements.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to excavation the stream will be coffer dammed on both sides of the proposed excavation trench and water will be pumped around the excavation
(see pump around detail on plan sheets). The excavation trench will be stabilized and restored to pre-existing elevations. All work would be performed in
the dry.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed impacts are temporary and less than 3/100 of an acre (below the mitigation requirement threshold for Nationwide 29 Permits).
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:
Unnamed tributaries flow to C waters and there is no listed or protected Riparian Buffer in this location.
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:
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
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
Yes No N/A
L
N
5. Endangered Species and Designated Critical Habitat (Corps Requirement)

5a. Will this project occur in or near an area with federally protected species or habitat? *
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5d. Is another Federal agency involved?*
Yes No
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?
IPaC
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 Inland EFH 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?
None.
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 Maps, Henderson County GIS, Certified Surveys
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
P22051-BASE-ENV PCN SHEETS 1-3.pdf 11.09MB
Goode Preserve Agent Authorization Form - signed.pdf 159.71 KB
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.
L
Full Name:
Warren Eadus

Signature
-w
Date
1/26/2024