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