20240622 Ver 1_ePCN Application_20240424

DW R
DHlsloo 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# *
20240622 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Warne Retail Development
1a. Who is the Primary Contact?*
Michelle Campbell
1b. Primary Contact Email:*
[e-mail]
Date Submitted
4/24/2024
Nearest Body of Water
Crawford Creek
Basin
Hiwassee
Water Classification
Ws -IV
Site Coordinates
Latitude:
34.996112
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Clay
Is this a NCDMS Project
Yes No
Longitude:
-83.898963
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Matthew Hanbury:Matthew. Hanbury
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
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
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
fig. 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
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:
Paul A. & Rebecca S. Garrett
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
PO Box 72
Address Line 2
City
Warne
Postal / Zip Code
28909
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Bob Broadway
3b. Business Name:
The Broadway Group
3c.Address
Street Address
216 West Side Square
Address Line 2
City
Huntsville
Postal / Zip Code
35801
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Michelle Campbell
4b. Business Name:
Arc Environmental, Inc.
4c.Address
Street Address
PO Box 190
Address Line 2
City
Brownsboro
Postal / Zip Code
35741
4d. Telephone 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:
Warne, NC
2. Project Identification
2f. Fax Number:
State / Province / Region
AL
Country
USA
3e. Fax Number:
State / Province / Region
AL
Country
United States
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
543900307748 28.54

2c. Project Address
Street Address
5050 Old Hwy 64 W
Address Line 2
city
Warne
Postal / Zip Code
28909
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Crawford Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV
3c. What river basin(s) is your project located in?*
Hiwassee
3d. Please provide the 12-digit HUC in which the project is located.
060200020302
4. Project Description and History
State / Province / Region
NC
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 located on a historically grazed lot off of US Hwy 64 W. in Warne, NC. The surrounding land -use includes a commercial property to the west, forested rural residential
properties to the north and east, and agricultural properties to the south. Of the entire 28.54-acre parcel, only a 2.35 ± acre tract needed to be evaluated for this project. This tract is mostly
flat with some microtopographic changes near the western parcel boundary, while the elevational gradient begins to increase in the northern portion of the project site and continues north
beyond the tract boundary. The vegetative composition across the project site is dominated by herbaceous species but also consists of some shrub/sapling patches and very few mature
trees. There is one jurisdictional unnamed tributary (Unnamed Tributary to Crawford Creek; UT 1) in the eastern part of the tract that flows south and two small jurisdictional wetlands
(Wetland 1 and Wetland 2) in the Western and northcentral areas of the tract respectively.
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:
0.11 ± ac
4g. List the total estimated linear feet of all existing streams on the property:
385.5 ± LF
4h. Explain the purpose of the proposed project: *
The purpose of this project is to develop a commercial property on the 2.35 ± acre project site while minimizing impacts to aquatic resources.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This proposed commercial development project will involve the construction of a 12,640 ± square foot building and associated sidewalks and parking lot. The entrance to the property will
utilize a gravel construction entrance that will be maintained throughout the project and prevent any excess vehicular disturbance. This project proposes to impact approximately 0.07 ±
acres of a 0.09 ± acre wetland (Wetland 1) and 0.02 acres of a 0.02 ± acre wetland (Wetland 2). There will be no impacts to the on -site tributary (UT 1). These impacts are necessary for
the installation/construction of the facility. Only well -maintained equipment, which may include dump trucks, skid steers, track hoes, back hoes, or other equipment, will be used for this
project.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Susan Cragg and Adam Williams
Agency/Consultant Company:
Other:
6. Future Project Plans
Brushy Fork Environmental Consulting, Inc
6a. Is this a phased project?*
Yes OO 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?
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
W1
2a1 Reason (?)
Grading
2b. Impact type" (?)
P
2c. Type of W.
Seep
2d. W. name
W1
2e. Forested"
No
2f. Type of Jurisdicition *
?)
Corps
2g• Impact
area
0.070
(acres)
W2
Grading
P
Seep
W2
No
Corps
0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.090
2g. Total Permanent Wetland Impact
0.090
21. Comments:
0.07 ± acres of a 0.09 ± acre wetland (Wetland 1) and 0.02 acres of a 0.02 ± acre wetland (Wetland 2) will be impacted for the grading of the site.
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:
The project design ensures that the building, parking lot, and entrance were strategically placed to minimize impacts to existing wetlands and prevent
disturbance of UT1. Detailed grading, erosion control, and drainage detail sheets are included with the site plan to ensure avoidance/minimization of
impacts to jurisdictional features.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fences and a temporary skimmer sediment basin will be appropriately installed to prevent sedimentation within the wetlands and tributary. All erosion
control measures will be inspected weekly and after every significant rainfall event. All of the equipment used for this project will be in good condition and
well -maintained (no equipment leaks will be tolerated).
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:
This project is under the threshold for Compensatory Mitigation.
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:
This project site is not located near a protected riparian buffer.
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
I
V

3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
G. Supplementary Information
1. Environmental Documentation
la. 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 future development is anticipated at this time.
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
Se. 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?
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 Essential Fish Habitat Mapper - Online

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?"
NC SHPO - HPO GIS Mapper
8. Flood Zone Designation (Corps Requirement)
Be. 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 Flood Maps - FIRMETTE
Miscellaneous
L
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
Warne_PCN_Package_For_Portal.pdf 13.21 MB
File must be PDF or KMZ
Comments
Attached:
1) US Army Corps Submittal Cover Sheet
2) Agent Authorization form
3) PJD Request Package (Including Site Maps: FEMA FIRMETTE, NWI, Soils)
4) NCHPO Map
5) USDA Soil Report
6) USFWS IPaC Species List
7) Site Plans
8) Stormwater Management Plan (SMP)
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 INC 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:
Michelle Campbell
Signature
tWu6W4 &AWIAKIW
Date
4/24/2024
O