20240415 Ver 1_ePCN Application_20240312

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# *
20240415
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]
Joey Winston:Joey.Winston
Information for Initial Review
la. Name of project:
SAW-2023-00552
1a. Who is the Primary Contact? *
James (Jimmy) Herron
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/12/2024
Nearest Body of Water
Boring Mill Branch
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
Longitude:
35.5127147
-82.6016934
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
Is this project a public transportation project?*
Yes No
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:
James Herron and Cynthia Herron
2b. Deed book and page no.:
6289/1175
2c. Contact Person:
Jimmy Herron
2d.Address
Street Address
P.O. Box 2223
Address Line 2
City
State / Province / Region
Leicester
North Carolina
Postal / Zip Code
Country
28748
United States
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Alan Moore Consultant
3b. Business Name:
Nutter & Associates, Inc.
3c.Address
Street Address
304 New Leicester Highway
Address Line 2
Suite B
City
State / Province / Region
Asheville
North Carolina
Postal / Zip Code
Country
28806
United States
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Alan Moore
4b. Business Name:
Nutter & Associates, Inc.
4c.Address
Street Address
304 New Leicester Highway
Address Line 2
Suite B
City
State / Province / Region
Asheville
North Carolina
Postal / Zip Code
Country
28806
United States
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Asheville
2. Project Identification
2a. Property Identification Number:
9626803208
2b. Property size:
7.46
a

2c. Project Address
Street Address
1431 Brevard Road
Address Line 2
City
Asheville
Postal / Zip Code
28806
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Boring Mill Branch
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.
060101050901
4. Project Description and History
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 site is located along a commercial district on Brevard Road (Highway 191) in south Asheville. The parcel has two Buncombe County zoning designations. Half of the parcel closest to
Brevard Road is zoned as Commercial Service District and the western half is zoned as Neighborhood Service District. Duke Power has a transmission line easement that transects the
property from northwest to southeast. The property is bordered to the north, east, and south by commercial properties and facilities, and to the west by a residential neighborhood. Boring
Mill Branch flows through the property from northeast to southwest before flowing underneath Highway 191. On the parcel area that is in between Highway 191 and Boring Mill Branch,
there is an approximately 0.5 acre depression back -levee wetland that receives some groundwater inputs and significant stormwater inputs from impervious surfaces along Highway 191.
There is at least one major culvert that discharges stormwater to the wetland area. There are a couple of old "ditches" (possible old agricultural ditches), one on the north side of the
depression wetland and one on the south side of the depression wetland that were likely excavated in the past to attempt to drain the wetland. These "ditches" were determined to be non -
wetland waters by the Corps in the Preliminary Jurisdictional Determination. On the south end of the property there is an unnamed first order tributary (UT) to Boring Mill Branch that flows
along the boundary of the property adjacent to Fore Road from southwest to northwest into Boring Mill Branch. Before entering Boring Mill Branch, the UT flows under a Duke Power
access road to the transmission line corridor that is within the parcel off of Fore Road.
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:
0.57
4g. List the total estimated linear feet of all existing streams on the property:
1,377 fit non -wetland waters
4h. Explain the purpose of the proposed project:"
The purpose of the project is to develop the new location for Carolina RV Sales and Service, Inc. Carolina RV is a full service RV repair and RV sales company currently located at 4750
Asheville Highway, Hendersonville, NC.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Carolina RV service garage and office is being constructed on the western end of the property. Siting the RV garage in the western portion of the parcel minimizes wetland impacts as
locating the garage immediately adjacent to Brevard Road on the parcel would result in impacts to the entire 0.5 acre depression wetland at this location. Duke power has denied any
parallel access through the property underneath Duke transmission lines to the western portion of the parcel. The DUKE access denial has precluded any existing access to the property
off Fore road where an existing unimproved access road to the transmission corridor that is within the parcel is located. Therefore, an access road from Brevard Road that passes
underneath the Duke transmission lines perpendicularly for access to the western end of the property is needed. An access road from Brevard Road will cross the depression wetland and
Boring Mill Branch on the eastern end of the property. It is anticipated that typical construction and grading equipment will be utilized to construct the access road and the RV facility.
Please see section E 1a for a detailed discussion of avoidance and minimization and existing constraints.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
PJD issued
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-2023-00552
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alan Moore
Agency/Consultant Company: Nutter & Associates, Inc.

Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
July 11, 2023
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?
There are no other current or future permits anticipated.
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
O
Wet-1
2a1 Reason (?)
access road
2b. Impact type* (?)
P
2c. Type of W. *
ffmland Hardwood Forest _]
2d. W. name
Wet-1
2e. Forested"
No
2f. Type of Jurisdicition *
(?)
Corps
2g. Impact
area *
0.095
(acres)
Wet-1
ssro
ss road
rcontruction
T
Bottomland Hardwood Forest
Wet-1
��=]frps
0.010
(acres)
2g. Total Temporary Wetland Impact
0.010
2g. Total Wetland Impact
0.105
2i. Comments:
3. Stream Impacts
29. Total Permanent Wetland Impact
0.095
❑
S1
3a. Reason for impact (?)
Culvert
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name* ��3e.
NNW-1 Borin Mill Branch
9
Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction*
Corps
P
3g. S. width
16
Aveage (feet)
3h. Impact
length*
43
(linear feet)
g2
Access Road
Temporary:]
Relocation
NNW-2
ffff]Corps
Average (feet)
�
67
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
268
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
43 67
3i. Total stream and ditch impacts:
110
3j. Comments:
Since the option was given and the NNW-2 channel is in fact a "ditch", we have referred to it as a jurisdictional ditch here.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
O

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed recreational vehicle (RV) garage was sited in the western portion of the site to minimize impacts to a 0.5-acre wetland that is situated on
the eastern portion of the site between Boring Mill Branch and Brevard Road (NC 191). If the RV repair garage was constructed on the northeastern
portion of the parcel adjacent to Brevard Road, the entire 0.5-acre wetland in this area along with associated jurisdictional non -wetland waters (old
agricultural ditches) would be permanently impacted. Given the location of the garage site, an access drive from Brevard Road to the garage is needed.
A garage access drive connecting the proposed RV garage to locations along Fore Road along the southern boundary of the property is unfeasible due
to the high slopes along both banks of the unnamed tributary that flows through the parcel adjacent to Fore Road. Similarly, any access drive
constructed across the unnamed tributary from Fore Road would result in a very large amount of stream impacts due to the amount of fill that would be
necessary to reduce the access road slopes. Compounding these limitations is the fact that Duke Power forbids construction of access roads or
driveways that run parallel to their transmission lines within their easements, and any access point from the south would violate this prohibition. Although
there is currently an unimproved Duke Power access road from Fore Road located directly under the transmission line, this road cannot be used
because of the Duke Power prohibition mentioned above. Residential properties to the south and west of the project parcel prevent any access road
construction from these areas. This leaves accessing the proposed building site via a driveway connecting to Brevard Road along the northeastern side
of the site as the only feasible option. The wetland area narrows to the north resulting in fewer impacts the further north the driveway could be sited. A
more northerly access point also provides for the most favorable slopes to the garage site. Besides avoidance and minimization of stream and wetland
impacts, other constraints for the access driveway include an NCDOT required minimum distance of 100 feet from the Celebrity Hotdogs entrance to the
north. In addition, there can be no construction within 25 feet of any Duke Power transmission pole and as previously mentioned, and any crossings
must be constructed as perpendicular as possible underneath the transmission lines.
Earlier design studies showed a standard two-lane access drive of 24 feet wide with a grade of 10 % to accommodate larger coach RVs more easily,
which are a significant portion of the business's clientele. NCDOT allows two lane driveway widths up to a maximum of 36 feet. The culverted crossing of
Boring Mill Branch was preferred by the landowner due to the high cost of constructing a bridge crossing. After evaluating the impacts of the proposed
access driveway grading to the wetlands and stream crossing, it was decided to narrow the two-way driveway width down to 20 feet and increase the
slope of the driveway to a maximum of 12%. Wetland impacts resulting from the access driveway include 0.095 acres of permanent wetland impacts and
0.010 acres of temporary wetland construction impacts. In addition to wetland impacts, a small jurisdictional non -wetland water (NWW-2) was relocated
to the north of the proposed access drive as discussed below. The NWW was relocated to avoid permanently culverting the ditch underneath the access
road and will result in temporary non -wetland water impacts of 0.006 acres.
The culvert crossing design called for a minimum width of 45 feet, resulting in a total of 0.016 acres of permanent jurisdictional stream impacts. The
specific location of the Boring Mill Branch Crossing was dictated by a need to cross the stream as perpendicular as possible, coupled with the placement
of the crossing where the slopes west of the crossing could be minimized as much as possible while maintaining a perpendicular crossing underneath
the transmission line as well as a minimum 25 feet distance away from transmission line poles.
There is a small intermittent jurisdictional ditch (Non -Wetland Water-2 or NNW-2 in Figure 2) located predominantly along the toe of slope in the very
north end of the property just south of the Celebrity Hot Dogs property. The NNW-2 channel appears to have been historically excavated to intercept
shallow groundwater on the parcel and generally drain from east to west into Boring Mill Branch. The location of the proposed access road would cross
over a small western portion of the existing NNW-2 channel. In order to avoid permanently culverting the NNW-2 channel, the western end of the
channel will be relocated slightly to the north of its current location. Large wooded debris (LWD) will be installed as log sill grade control structure along
relocated portions of the NNW-2 channel to improve the minimal aquatic habitat that this muddy intermittent channel currently provides. Libe stake
plantings are also proposed to restore vegetation along the banks of the channel. There is currently no LWD within the existing NNW-2 channel so any
structural elements installed in the relocated channel will be an improvement.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Cut and fill slopes will be constructed to the steepest allowable slopes to minimize the impact footprint of the project, particularly in and adjacent to the
wetland areas. These slopes will be protected by erosion control measures and matting per requirements as specified on the grading and erosion control
plan. The impacts of the culvert to the up and down stream migration of macrobenthos will be minimized by installing the pipe invert, 12 inches below the
existing stream bed elevation.
Wetland matting will be used in temporary wetland construction areas to avoid and minimize impacts. Silt fencing per Buncombe County stormwater
permit requirements will be installed downgradient of construction areas to avoid sediment releases to downstream waters (See Erosion and /Sediment
Control Plans). Upon completion of all construction activities, all temporary construction impact areas in wetlands will be seeded and mulched using a
native wetland herbaceous seed mix.
Per the Erosion and Sediment control plan, prior to commencement of construction activities, sediment fencing will be installed downgradient of all areas
where soil disturbance occurs to avoid and minimize sediment releases to downstream waters. Upon completion of construction activities in any given
area, disturbed areas will be seeded and mulched, using a fast-growing erosion control seed mix and wheat straw.
It should be noted that there is an existing unimproved dirt easement road off Fore Road, that was constructed by Duke power for their access to the
transmission lines. A request is being made to Duke by the property owner to obtain permission to temporarily utilize their existing dirt easement road for
temporary construction traffic until the crossing over Boring Mill Branch is completed. The temporary use of the Duke Power access road will minimized
impacts from large vehicle construction traffic. Once the stream crossing is completed, all construction and future access traffic for the RV garage will be
from Brevard Road (NC 191) and the soil road will be stabilized returned to its existing condition.
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 will result in wetland and stream impacts that are below the mitigation thresholds set forth by a NWP 39 and the mitigation thresholds associated with the 404 Certification.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located in the French Broad River basin which does not have riparian buffer protection rules.
a
2. Stormwater Management Plan

2a. Is this a NC DOT 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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Asheville Phase II entity
Comments:
On the border Asheville and Buncombe County stormwater entity but within Asheville jurisdiction.
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.
It is not anticipated that this project will result in additional development which "could" impact downstream water quality. There are no anticipating
supporting businesses that would accompany this project. However, this area of Asheville is zoned for commercial development and additional
development is anticipated. That additional development will be the "result" of the commercial zoning and overall development trends in Asheville rather
than the current project. Said development might impact water quality.
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
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?
An online IPaC species list was obtained. However, Mitchell Anderson of the USACE has indicated that he will be consulting with USFWS concerning
T&E species. The client is aware of current and recent listings for Indianna Bat, NLEB, and Gray Bat. There are larger hardwood trees on the parcel.
These trees will be cleared in the winter to avoid clearing during warm weather roosting and pup rearing season.
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 Essential Fish Habitat Mapper https://www.fisheries.noaa.gov/resource/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?
NCHPO Historic Resources GIS was queried. Within a one -mile radius of the project site, there are two sites listed on the National Historic Registry.
These include the Bent Creek Campus of the Appalachian Forest Experiment Station (https://files.nc.gov/ncdcr/nr/BN0898.pdf) and the Biltmore Estate
(https://files.nc.gov/ncdcr/nr/BN1835.pdf). The Bent Creek Experimental Forest site is in the Bent Creek area of the Pisgah National Forest
approximately 0.53 miles straight line distance south of the project parcel. The Biltmore Estate Boundary is approximately 0.75 miles straight line
distance east of the project parcel. These sites will not be impacted by the current project. There are also several surveyed resources within a mile
radius not currently eligible for listing including Bent Creek Babtist Church and Cemetary, American ENKA water intake, a house at 185 Ferry Rd., a
house at 215 Ferry Rd., and a house at 200 Ferry Round. None of the surveyed features will be impacted by the current proposed project.
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 online 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
PCN_DocumentS_SAW-2023-00552.pdf 20.43MB
File must be PDF or KMZ
Comments
Attached document includes the following Attachments
Attachment A: Design Drawing Impacts to Waters of the U.S.
Attachment B: Sample Authorization Form and Warranty Deed
Attachment C: 401 Pre -filing Meeting Request Confirmation
Attachment D. North Carolina Stream Identification Report for Non -Wetland Water-2 (NWW-2)
Attachment E. Signed Preliminary Jurisdictional Determination (PJD)
Attachment F. Design Drawings
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 ACV');
• 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:
Alan Moore
Signature
Gf/,Zw ewaste
Date
3/12/2024