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HomeMy WebLinkAbout20141129 Ver 2_Application_20160523ovx C)A, LOA y t Zo,v\ vc f1I-kc-s 1\'k s c P 4e- -Vo A-10cTVUc-cA-i'ov-., Ve. e- 4,6> cc) �v -lig rew '„�,Qacts—hck �{c�l "��Cac.#r. r r""M _ .r bill;W.W An . �1a $ PAID May 5, 2016 Water Quality Regional Operations — Asheville Regional Office Attn: Mr. Zan Price 2090 US Hwy 70 Swannanoa, North Carolina 28778 Re: Creekside Village Asheville, Buncombe County, North Carolina Permit Modification Request DWR Project # 2014-1129 Zan: Enclosed please find a revised PCN and revised impact maps for the Creekside Village project. Atlas is requesting a 404/401 modification to the previously issued approvals. During construction of the sewer line at the Reems Creek crossing, 28' of permanent rip -rap was installed which was necessary to stabilization the streambanks. This stabilization work was completed on both stream banks of Reems Creek. Additionally Atlas is requesting 40' of temporary impacts during construction of the dam rehabilitation. The previous approved 10' of temporary impacts for a sewer line crossing below the dam may not be necessary as the sewer line may be installed in the dam however the project team is waiting on final approval from MSD so these impacts have not been removed from the PCN. Revised impact maps are included for your reference. Atlas is requesting closure of the DWR NOV once this permit application package has been reviewed and approved. Please contact me if you need any additional information or if you would like to discuss this package. Best regards, a 4 d zhZAV , Jennifer L Robertson, President, I Robertson (&atlasenvi.com Copy Furnished To: Ms. William Elliott, Asheville Corps Office (via email) Mr. Doug Sharp, Buncombe County (via email) Mr. David Earley, Sundog (via email) ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvixom / Serving the southeast US o RC .,DWI F7-'� )-12 2016 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: © Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13/29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): Q 401 Water Quality Certification — Regular ❑ Non404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. [] Yes © No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Creekside Village 2b. County: Buncombe 2c. Nearest municipality / town: Weaverville 2d. Subdivision name: Creekside Village 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Serrus Creekside, LLC 3b. Deed Book and Page No. P011 /130 3c. Responsible Party (for LLC if applicable): Stephen Mudge and David Earley 3d. Street address: 2 David Keats Drive 3e. City, state, zip: Greenville, SC 29630 3f. Telephone no.: 828-293-1000 3g. Fax no.: 828-293-1100 3h. Email address: dearley@sundogplaces.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: same as above 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer Robertson 5b. Business name (if applicable): Atlas Environmental 5c. Street address: 775 Haywood Road, Suite D 5d City, state, zip: Asheville, NC 28806 5e. Telephone no.: 828-712-9205 5f. Fax no.: 980-819-7876 5g. Email address: irobertson@atlasenvi.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1973293098700000,97329371,8600000 1 b. Site coordinates (in decimal degrees): ILatitude: 35.686684 Longitude: -82.57352 1c. Property size: 36.89 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Reems Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Upper French Broad (06010105) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the.vicinity of the project at the time of this application: Approximately 7 acres has been disturbed and/or developed into townhomes. Remaining +/- 30 acres is mostly forested. There is only one major topographic draw on the property. It contains a jurisdictional channel that flows into a 0.17 acre in-line storm basin, and then into a 0.35 acre pond The channel is low flow and connects to Reems Creek at the northern property boundary. Forested area has mature hardwood with some invasives. 3b. List the total estimated acreage of all existing wetlands on the property: 0.042 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 817 3d. Explain the purpose of the proposed project: _ To develop a residential community and provide homes to meet the needs of the North Asheville and Weaverville Community. 3e Describe the overall project in detail, including the type of equipment to be used: Heavy earth moving equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑ Yes © No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes Q No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers Q Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Headwater Wetland Yes Corps 0.009 W2 P Culvert Unknown Yes Corps 0.028 W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.037 2h. Comments: Wetland "W2" exists due to backwater from the existing storm basin. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert Ch -100 INT Corps 2 202 S2 T Utility Line Ch -100 INT Corps 2 10 S3 T Dam construction Ch -100 INT Corps 2 40 S4 P Stabilization Reems Creek PER Corps 25 28 S5 Choose one - S6 Choose one 3h. Total stream and tributary impacts 280 3i. Comments: S3 temporary impacts will only be used if needed during dam construction. Remediation will be overseen by Atlas Environmental Inc. for any impacts to S2 and S3 such as sediment removal and banks stability. al Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Pond 1 Other Pond 0.35 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water Impacts 0.35 4g. Comments: The dam will be re -constructed. Accumulated sediment may need to be removed from the pond during the dam rehabilitation. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet Bi Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Plans were adjusted to require only one road stream crossing. The impacts from the road crossing and lot grading were minimized by shifting them as far to the top of the drainage as possible. A large section of the culvert placement occurs through an existing in-line storm basin. Below the one culvert in the upper reach, the stream is completely avoided. Where possible, pockets of mature canopy will be preserved throughout the property. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used in all stages of construction. After the pond removal, natural channel design techniques will be used to ensure stability and success. 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? Q Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Removal of on-line pond, re-establish a natural valley, restoration of 390 linear feet of new channel, and enhancement of 80-110 linear feet where the new channel ties into the existing channel below. All mitigation standards will be followed including establishment of riparian buffer and monitoring. al Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 35% 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed storm water runoff will be collected into a storm water collection system. The collection system will take storm water runoff to bmp devices that will provide water quality protection and storm water detention in accordance with the Town of Weaverville's storm water ordinance 2e. Who will be responsible for the review of the Stormwater Management Plan? Buncombe County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Buncombe County on behalf of Weaverville ❑x Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes Q No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? El Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes © No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposedppro ect, or available capacity of the subject facility. All wastewater from Creekside Village will be treated as part of the Metropolitan Sewerage District of Buncombe County. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes © No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR - NHP Database Search (see attached table) 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat?7 ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA 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 ❑ Yes Q No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO GIS Web Service (see attached map) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? -T ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements: No disturbances will occur within a FEMA designated 100 -year floodplain 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer overlay (see attached map) Jennifer L Robertson lef al" ,C iwo&dwott May 5, 2016 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 1 � 1 NEW DAM OUTLET 70 1.f. IMPACT TEMPORARY 1 10 I.f. 1 IMPACT 6 (S3) TEMPORARY 40 1.f. 1 ' 1 1 1 1 1 : Jurisdictional Stream(s) Stream Impact(s) Proposed Culvert(s) NO IMPACT POND 0.35 ac. -- : Proposed Sanitary Sewer Line(s) Jurisdictional Wetland(s) Jurisdictional Open Water(s) Wetland Impact(s) Total Stream Impact(s) : 202 Linear Feet Total Wetland Impact(s) : 0.177 acres Total Open -Water Impact(s) : 0.00 acres NATURALIZED CHANNEL 27 I.f. POND AMENITY AREA IMPACT 4 WL -3000 0.14 ac. IMPACT 3IMPACT WL -2000 Ch -100 0.028 ac. 202 I.f. go �— IMPACT 1 WL -1000 ♦ 0.009 ac. 0' 150' 75' SCALE: I"= 75' CONTOUR INTERVAL= 2 FT Creekside Village � � I�—f Sheet Date 2/12/2015 Map a /ENVIRONMENTAL --�- FMap:IMPACT MAPlImpact IDE VILLAGE Overall 775 Haywood Road, Suite D Asheville, NC 2W)MBE COUNTY, NC 9M - 819 - 77&J - wmvatlesenkcan CREEKSDIE. LLC Code SC -1000 Ch -100 ' Underground - 132 Lf. G WL -3000 IMPACT 7 (S4) 1 PERMANENT 28 I.f. , , ICh -100 615 Lf. , 1 1 , 1 , / Ch -100 I I Underground - 76 I.f. 1 PoNo NJ 1 1 1 1 I I NJ 1 1 IWL -4000 0.14 ac. , 1 I I WL -2000 NJ 0.028 ac. 1 � 1 Ch -100 -- - _ '< 202 1.E WL -1000 0.009 ac. NJ �•� 1 i � I l Legend: **'-'N,� : Jurisdictional Stream(s) Culverts) Jurisdictional Wetland(s) „! Jurisdictional Open Waters) 2 Total Acreage of Site : 36.89 acres Jurisdictional Stream(s) : 817 Linear Feet 0 75' o, Jurisdictional Wetlands) : 0.182 acres 25 71e o \ SCALE: 1" = 150' CONTOUR INTERVAL= 2 FT FCreeksideVilla e SCee J�' lv1S Sheet 12-15-2014 g Jurisdictional Features Sketch Map l Features Sketch Map ViRONMLNTAL Project Creekside Village ns Na�� Toad. &Art o A-,he,]P_ NC 28806 �o��1�0�, Buncombe County, NC -819-7780 • �>1v U—., Serrus Creekside, LLC code. SC -1000