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HomeMy WebLinkAbout20240567 Ver 1_ePCN Application_20240415DWR 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 Charge 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 ortransmission ofenergy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned Versiorl 20240567 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Asheville Regional Office - (828) 296-4500 Information for Initial Review la. Name of project: Smokey Park Truck Stop Expansion 1 a. Who is the Primary Corl Petr Radchishin 1 b. Primary Contact Eni artem@rpmcarolina.com Date Submitted 4/15/2024 Nearest Body of Water George Branch Basin French Broad Water Classification C Site Coordinates Latitude: 35.539220 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: -82.747768 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joey Winston:Joey.Winston 1 c. Primary Contact Phone:* (828)242-1879 $570.00 $767.00 8 Is this project a public transportation project?* Yes No Ia. 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 I b. 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): 1 d. 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: If. Is this an after -the -fact permit application? * Yes No Ig. 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 I h. 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 401 Water Quality Certification - Express Riparian Buffer Authorization 2a. Name(s) on recorded deed: RPM Leasing Inc; Smokey Park Ridge LLC; Smokey Park Solutions LLC; Smokey Park Acres, LLC 2b. Deed book and page no.: db 5379 pg 1388; db 5896 pg 673; db 5896 pg 502; db 5896 pg 486 2c. Contact Person: Petr Radchishin 2d. Address Street Address 120 Dogwood Rd. Address Line 2 city State Province Region Candler NC Postal / Zip Code Country 28715 USA Yes No Yes No 2e. Telephone Number: (828)242-1879 2g. Email Address:* artem@rpmcarolina.com 4. Agent/Consultant (if applicable) 4a. Name: Warren Eadus 4b. Business Name: Quible &Associates, P.C. 4c. Address Street Address 90 Church Street Address Line 2 city Black Mountain Postal / Zip Code 28711 4d. Telephone Number: (828)357-5149 4f. Email Address: eadus@quible.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Candler 2. Project Identification 2a. Property Identification Number 8687622650; 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 86875370780;868752110700000; 2b. Property size: 868742979200000 32.46 2c. Project Address Street Address 99999 Smokey Park Highway Address Line 2 city State / Province / Region Candler NC Postal / Zip Code Country 28715 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: George 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. 060101050502-Upper Hominy Creek 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 ofthis application: * Existing site is cleared and graded with storm water features already installed. The property is adjacent to an existing truck stop and this project is an expansion of that operation. Adjacent land uses are commercial, residential and undeveloped. 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: N/A 4g. List the total estimated linear feet of all existing streams on the property: 1,421 4h. Explain the purpose of the proposed project:* The proposed project is the expansion of a truck stop, warehouse and storage to support trucking and transportation of goods. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Conventional equipment will be used to construct the truck stop expansion and storage buildings. This location is adjacent to Smokey Park Highway and 1-40. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G 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 2019-00910 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Joell-enk 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 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 1 a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 3. Stream Impacts F3a. 1 Reason for impa 3c. Type of impact* ��name 3e.StreamType* M 3f.Type of Jurisdiction 3h. Impact length Road Crossing Culvert ]Et rge Branch 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 118 0 3i. Total stream and ditch impacts: 118 3j. Comments: E. Impact Justification and Mitigation a 1. Avoidance and Minimization Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Retaining walls are being used to minimize length of impacts to the stream to the minimum required to provide adequate road width. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sediment and erosion control permit is required and all appropriate measures, best management practices and permit conditions would be strictly adhered to. A pump around system will be installed so that the culvert work in WOTUS can occur 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: Proposed impacts are below compensatory mitigation thresholds. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan Ia. 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: This project is not adjacent to protected riparian buffers. 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase 11 NSW LISMP Water Supply Please identify which local government stormwater program you are using. Buncombe County Comments: A stormwater management plan will be applied for through Buncombe County. G. Supplementary Information 1. Environmental Documentation Ia. 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 Wateror 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. This is the highest and best use of the property and the development would not lead to any future impacts or additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. Ifthe wastewater will be treated at a treatment plant, list the capacity available at that plant. Central sewer. 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 ofthe 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? USFWS 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? North Carolina Natural Heritage Program GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 1 00-year floodplain? Yes No 8c. What source(s) did you use to make the floodplain determination? NC FRIS 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 allach document AGENT AUTHORIZATION FORM PCN v1 (1) (1).pdf 108.82KB P16093.6-BASE-ENV-PCN SHTS 1-2 vl.pdf 12.93MB 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 oftime. 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: Warren Eadus Signature ww-te-r 6�alew Date 4/15/2024