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HomeMy WebLinkAbout20180332 Ver 1_401 Application_20180318Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 3/8/2018 8:34:29 AM (Supplemental Submital) Accept by Montalvo, Sheri A 3/8/2018 10:47:35 AM (NON -DOT Project) • The task was assigned to Montalvo, Sheri A 3/8/2018 8:34 AM rReview of Submittal Staff Review: ID#* Version 20180332 1 Reviewer List: * Andrew Moore:eads\awmoore3 Select Reviewing Office:* Asheville Regional Office - (828) 296-4500 Submittal Type:* 401 Application Is the project located within a NC DCM Area of Environmental Concern (AEC)?* r Yes r No r Unknown Does this project r Yes require payment?* r No Project Submittal Interim Form submtted: 3/8/2018 Submittal Type: r New Project r Pre -Application Submittal r More Information Response Project Contact Information: Name: Kaylie Yankura Vft is subrritting the infornE ion? Email Address: kaylie@cwenv.com Project Information: Project Name: Daystar Sewer Line Is this a public transportation project? r Yes r No Is this a public r Yes transportation r No project? Is the project located within a NC DCM Area of Environmental Concern (AEC)?* r Yes r No r Unknown County (ies)* Henderson Water Resources ENVIRONMENTAL QUALITY Describe the attachments: The attached PCN is a courtesy copy. The project site is located off Cane Creek Industrial Park Road in Henderson County, North Carolina. The applicant is seeking a Nationwide Permit 12 for the installation of a sewer line. Please upload all files that need to be submited. 761_Daystar PCN_03082018.pdf 13.03MB Only pdf or larn files are accepted. V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this 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 form. Signature: CLearWaLer C1earWater Environmental Consultants, Inc. www.cwenv.com March 7. 2018 Mr. David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 RE: Daystar Sewer Line (+/- 785 Linear Feet) Nationwide Permit 12 Application USACE Action ID SAW -2015-02028 Henderson County, North Carolina Dear Mr. Brown, The attached Pre -Construction Notification (PCN) is being submitted on behalf of Lytle Family Limited Partnership represented by Ms. Anna Viands. The project site is located off Cane Creek Industrial Park Road in Henderson County, North Carolina. Lytle Family Limited Partnership is seeking a Nationwide Permit 12 for the installation of a sewer line. A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr. Byron Hamstead of the US Fish and Wildlife Service for review. A courtesy copy of this application has also been submitted to Mr. Zan Price of the NC Division of Water Resources, Asheville Regional Office. Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments. Sincerely, aylie A. Ya ra Biologist Copy Furnished: NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Byron Hamstead NC Division of Water Resources, Asheville — Zan Price 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel R. Clement Riddle, P.W.S. Principal Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Daystar Sewer Line 2. Work Type: Private Institutional Government Commercial ❑ 3. Project Description / Purpose [PCN Form Bad and 133e]: The project includes the installation of a new sewer line for Daystar Machining. 4. Property Owner/ Applicant [PCN Form A3 or A4]: Lytle Family Limited Partnership 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants 6. Related Action ID Number(s) [PCN Form BSb]: N/A 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.439479, -82.485310; Site is located off Cane Creek Industrial Park Road in Fletcher, NC. 8. Project Location -Tax Parcel ID [PCN Form 131a]: 9663235193;9663125680;9663136980 9. Project Location —County [PCN Form A2b): Henderson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Fletcher 11. Project Information — Nearest Waterbody [PCN Form 132a]: Cane Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form B2c]: French Broad/06010105 Authorization: Section 10 El Section 404 ❑Z Section 10 & 404 El Regulatory Action Type: eStandard Permit ✓ Nationwide Permit# 12 ❑ Regional General Permit # ❑ Jurisdictional Determination Request Pre -Application Request Unauthorized Activity Q Compliance ❑ No Permit Required Revised 20150602 CLear%/ater Department of the Army NCDENR Wilmington District, Corps of Engineers NC DWR, Webscape Unit Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins PO Box 1890 512 North Salisbury Street Wilmington, NC 28402-1890 Raleigh, North Carolina 27604 1, the current landowner/managing partner of the property identified below, hereby authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE orDWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting on- site investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: LVrj1�FQm;\J L.mi�cr� �nrirUsh�P Property Owner Address: .40 1,&I a )&ohis'i7r V0L*%lVie.w.NC' x'130 Phone Number: qa% _-1D-1- 13x5 Property Location: 173Sle Co -rut . cr - ?,A. F1 fjrbm N(-, Owner/Managing Partner Printed Name: Firma L.V%o-nAS Owner/Managing Partner Signature: OIL= a yia A) Date: 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com STATE OF NORTH CAROLINA SEWER EASEMENT Return to: CCWSD COUNTY OF HENDERSON 100 N. King Street — Suite 210 Hendersonville, NC 28792 THIS INDENTURE, made and entered this day of 0wo . r 2015 by and between F1 Realty, LLC, a North Carolina limited liability company, hereinafter called Grantors, whether one or more, individual or corporate, and their respective successors in interest or assigns, and Cane Creek Water and Sewer District of Henderson County, a body corporate and politic, in Henderson County, North Carolina, established pursuant to Article 6, Chapter 162A, of the General Statutes of North Carolina, hereinafter called Grantee; WITNESSETH: WHEREAS, the grantor is the owner of a certain parcel of land located in Henderson County, North Carolina and same being more particularly described in that certain deed recorded in Deed Book 1519 , Page 570 , of the Henderson County Registry; NOW, THEREFORE, this Sewer Easement: That the Grantors, for and in consideration of the sum of Six Thousand and 00/100 Dollars ($6,000.00) and other good and valuable considerations to them in hand paid by a third party benefitted by this transaction and the completion of the sewer system contemplated hereunder, the receipt and sufficiency whereof is hereby acknowledged, have given, granted, bargained, sold and conveyed, and by these presents do give, grant, bargain, sell, convey, and confirm unto the Grantee, its successors and assigns, a perpetual right of easement to construct, maintain and repair a sewer line, with all necessary manholes, fittings, fixtures, and accessories, in, over, and upon a certain piece or parcel of land in Henderson County, North Carolina, described as follows: BEING a strip of land shown as a 20' Sewer Easement over and across those Parcels of land in Deed Book 1519 at Page 570 of the Henderson County Registry, shown on plans entitled "Site Plan" and "Proposed Sanitary Sewer Line Plan & Profile Sheet" for Daystar Machining Technologies, Inc. prepared by William R. Buie, P.E, of WGLA Engineering, PLLC as job #14151, dated August 19, 2015, reference to which is hereby made for a more particular description. A copy of said plans which show how the subject property is affected by the subject sewer system is on file with Henderson County Utilities at 100 N. King Street — Suite 210; Hendersonville, NC 28792. TOGETHER WITH the right to go upon said lands whenever the same is necessary for the purposes of inspecting, maintaining, and replacing said line, and together with the further right to clear said strip and keep the same clear at all times and to remove therefrom all brush, trees and other obstructions, and to go upon said lands whenever necessary for the purpose of cleaning the same and removing therefrom all brush, trees and other obstructions; provided following any ground -disturbing activities, the Grantee shall restore grass and other ground cover to a comparable condition as existed prior to such ground - disturbing activity. SEWER EASEMENT PAGE 2 PROVIDED, the Grantor reserves the right, in conformance with sound engineering practices to connect a sewer line from improvements located on its property to the sewer line constructed in in the above described easement, with no fees due or payable to Grantee. FURTHER PROVIDED, Grantee shall provide Grantor with a complete copy of the as -build drawings when installation is completed. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if corporate has caused this instrument to be executed by its duly authorized officers and its seal to be hereunto affixed this the day and year first above written. FI Realty, LLC lim Manager STATE OF / " V 1,7 � C�r,�/1`vaf COUNTY OF IPM4 L 694,6 .Q I, 04 L, ( _,a Notary Public, in and for the above County and State, do hereby certify that George W. Morosani personally appeared before me this day and acknowledged that: he/sk is Manager of FI Realty, LLC (Title) (Name of limited liability company) and he/§k� as Manager (Title) being authorized to do so, executed the foregoing on behalf of the corporation. -7 11/ n / WITNESS my hand and notarial seal, this the My commission expires: --2/-zZ:�2 STATE OF NORTH CAROLINA SEWER EASEMENT Return to: CCWSD COUNTY OF HENDERSON 100 N. King Street— Suite 210 Hendersonville, NC 28792 THIS INDENTURE, made and entered this 10th day of October 2017 by and between Town of Fletcher herinafter called Grantors, whether one or more, individual or corporate, and their respective successors in interest or assigns, and Cane Creek Water and Sewer District of Henderson County, a body corporate and politic, in Henderson County, North Carolina, established pursuant to Article 6, Chapter 162A, of the General Statutes of North Carolina, hereinafter called Grantee; WITNESSETH: WHEREAS, the grantor is the owner of a certain parcel of land located in Henderson County, North Carolina and same being moreparticularly described in that certain deed recorded in Deed Book 1425 , Page 137 , of the Henderson County Registry; NOW, THEREFORE, this Sewer Easement: That the Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to them in hand paid by the Grantee, the receipt whereof is hereby acknowledged, have given, granted, bargained, sold and conveyed, and by these presents do give, grant, bargain, sell, convey, and confirm unto the Grantee, its successors and assigns, a perpetual right of easement to construct, maintain and repair a sewer line, with all necessary manholes, fittings, fixtures, and accessories, in, over, and upon a certain piece or parcel of land in Henderson County, North Carolina, described as follows: BEING a strip of land shown as a 20' Sewer Easement over and across those Parcels of land in 1425 at Page 137 of the Deed Book Henderson County Registry, shown on map Sewer Improvements for entitled Daystar Machining prepared by WGLA dated May 2015 Engineering, PLLC A copy of said map which shows how the subject property is affected by the subject sewer system is on file with Henderson County Utilities at 100 N. King Street — Suite 210; Hendersonville, NC 28792. TOGETHER WITH the right to go upon said lands whenever the same is necessary for the purposes of inspecting, maintaining, and replacing said line, and together with the further right to clear said strip and keep the same clear at all times and to remove therefrom all brush, trees and other obstructions, and to go upon said lands whenever necessary for the purpose of cleaning the same and removing therefrom all brush, trees and other obstructions. SEWEREASEMENT PAGE IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if corporate has caused this instrument to be executed by its duly authorized officers and its seal to be hereunto affixed this the day and year first above written. R '0A O,TymS EV 9m 9 CORPORATE PEAL SEgC 00`x• A ST: Et I (SEAL) Name:Faeci+her N-77a4lUr Title: AS:6siQlnk Mtrnger BY. (SEAL) BY. (SEAL) BY: (SEAL) STATE OF �kr, 4\ COUNTY OF 1-yen&r 50Y1 I ` `n' A WIC S —191 SoY1 , a Notary Public, in and for the above County and State, do hereby certify that (cure personally appeared before me this day and acknowledged the due execution of the foregoing Deed of conveyance. F.ITHp����.� WITNESS my hand and notarial seal, this the \0 day of OCA0'0e4— 2017. ``Q \IOTAps0 x WCOWB . Z My commission expires: V Notary Public Rte' U 41__r STATE OF V, o� WM COUNTY OF 11wrk6W12 I, iJan1 d- /�oeir�Cl% a Notary Public, in and for the above County and State, do hereby certify that Q hecckri personally appeared before me this day and acknowledged that: &he is /fanerof /duJn d t �C'fJo/ (Title) (Name of Corporation) anq a she, as —76—u/n /?�arJa-Q+r (Title) being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and notarial seal 111 the /Q� day BC1o�bt/ 2017. - '%%NN' (1G.�MF,���'� My commission expires: 'P`� NOTAok" 'y uYcouxl EMFESY - Notary Public A9a6eh _ 3,iv.aoaig PUBLIC 1I/11111111kr0 Henderson County, NC Tax Parcel Report Tuesday, February 27, 2018 REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District Parcel Information 701688 Pin: FI REALTY LLC Neighborhood: 932 HENDERSONVILLE RD Township: ASHEVILLE, NC 28803 Municipality: 535 CANE CREEK INDUSTRIAL PAR RD 001519100570 2012-12-31 00:01:00.0 OE -8 Cities SR1649 OFF CANE CREEK ROAD BMC -199 9663.00 29.84000000 $4,771,300.00 $1,141,400.00 $5,912,700.00 48 Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9663235193 CANE CREEK IND PARK Hoopers Creek FLETCHER FLETCHER TOWN C 199 FLETCHER APPLE VALLEY MIDDLE NORTH HIGH Comus (colvard) fine sandy loam Fletcher 2 None Found 117 11 Zone AE, 1% (100 Year Floodplain),Zone X, Not Shaded (Areas outside of the floodplain),Floodway Areas in Zone AE Henderson County WARNING: THIS IS NOTA SURVEY. Geographic Information Systems (GIS) An 200 North Grove Street All information or data provided (whether subscribed, purchased of otherwise distributed) is provided as is, without any Hendersonville, NC 28792 warranties, including the wanonfies of merchantability or of fMess for a panicular purpose. Henderson County and its P: (826) 6985124 employees make no wanan8es or guarantees, either express or implied. Use of the informe8on or data subscribed, F: (828) 6985122 purchased or atherwise distributed, whether in hard copy or digital media. shall be at the users own risk. Henderson County, NC Tax Parcel Report Tuesday, February 27, 2018 REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District Parcel Information 1012292 FLETCHER TOWN OF 4005 HENDERSONVILLE RD FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 001425/00137 2010-03-31 00:01:00.0 78.00000000 Cities CAROLINA MOUNTAIN LAND CONVERVANCY LO12.38AC BMSLD-7835 9663.00 12.34000000 $0.00 $30,900.00 $30,900.00 48 Henderson County WARNING: THIS IS NOTA SURVEY. Geographic Information Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9663125680 CANE CREEK IND PARK Hoopers Creek FLETCHER FLETCHER TOWN SLD 7835 FLETCHER APPLE VALLEY MIDDLE NORTH HIGH Comus (colvard) fine sandy loam Fletcher 2 None Found 117 11 Floodway Areas in Zone AE Systems (GIs) 200NOMGrove Street ranties, do drdata pumhased or s. withoutany Hentlersonville, NC 26792 warAll Countybed its or of tnessor a particular purpose. Honor County its warranties, ingthe warred anties of aHendersed on no the p dl me¢hs, R /626)68115124 or Implied. inform antics r sor Use oft information data subscribetl, employees make nowedanliesm. either express or tl maIncke F: (826)698-6122 whether hardcopy or ia, hall Its users Oa purchased or otherwise tlistdbNeq wherherin hard copy dr digital media, shell be dl rM1e users awn risk. Henderson County, NC Tax Parcel Report Tuesday, February 27, 2018 Parcel information REID: 9964177 Pin: 9663136980 Listed to: LYTLE FAMILY LIMITED Neighborhood: CANE CREEK ROAD PARTNERSHIP Mailing Address: PO BOX 1361 Township: Hoopers Creek Mailing City, State, Zip: FLETCHER, NC 28732 Municipality: FLETCHER Physical Address: 0 NO ADDRESS ASSIGNED Tax District: FLETCHER TOWN Deed: 000989100335 Plat: Not Available Date Recorded: 1999-06-01 00:02:00.0 Elementary School District: FLETCHER Revenue Stamps: Middle School District: APPLE VALLEY MIDDLE County Zoning: Cities High School District: NORTH HIGH Property Description: TR #01 PER SLD/3004 Soil: Fannin silt loam, 15 to 25 percent slopes Map Sheet: 9663.00 Voting Precinct: Fletcher Assessed Acreage: 9.91000000 Commissioner District 2 Building Value: $0.00. Agricultural District None Found Land Value: $397,200.00 North Carolina House District 117 Value To Be Billed: $397,200.00 U.S. House District 11 Zone X, Not Shaded (Areas outside of the floodplain),Zone North Carolina Senate District 48 Flood Zone: AE, 1% (100 Year Floodpiain),Fioodway Areas in Zone AE,Zone X, Shaded, 0.2% (500 Year Floodplain) Henderson County WARNING: THIS IS NOTA SURVEY. dliffilk Geographic Information Systems (GIs) 200 NOM Grove Street Allinfonnofien or data provided(whemer subscribed, purchased motherwise distributed) Is provided as is, without any Hendersonville, NC 28792 warranties, including Ne warranties of merchantability or of fitness for a particular purpose. Henderson County and Its P:(Us)69M124 employees make no warranties or guarantees, either express at implied. Use of the information or data subscribed, F:(828) 698.5122 purchased or otherwise distributed, whether in hard copy or digital media, shall be at the users own risk. TF9OG f Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ® Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 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 ®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 1g. Is the project located in any of NC's twenty coastal counties? If yes, answer 1h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ®No 2. Project Information 2a. Name of project: Daystar Sewer Line 2b. County: Henderson 2c. Nearest municipality / town: Fletcher 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: FI Realty LLC, Town of Fletcher, Lytle Family Limited Partnership 3b. Deed Book and Page No. 1519/570, 1425/137, 989/335 3c. Responsible Party (for LLC if applicable): Lytle Family Limited Partnership 3d. Street address: 40 Littleton Heights Dr. 3e. City, state, zip: Fairview, NC 28730 3f. Telephone no.: 828-777-1325 3g. Fax no.: n/a 3h. Email address: n/a Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 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: R. Clement Riddle 5b. Business name (if applicable): Clearwater Environmental Consultants, Inc. 5c. Street address: 32 Clayton Street 5d. City, state, zip: Asheville, North Carolina 28801 5e. Telephone no.: 828-698-9800 5f. Fax no.: n/a 5g. Email address: kaylie@cwenv.com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): FI Realty LLC (9663235193), Town of Fletcher (9663125680), Lytle Family Limited Partnership (9663136980) 1b. Site coordinates (in decimal degrees): Latitude: 35.439479 Longitude: -82.485310 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: +/- 785 Linear Feet 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Cane Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad 06010105 Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: The project site is currently forested/undeveloped. Land use within the surrounding area is primarily industrial and commercial. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 0.012 acre. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 61 linear feet. 3d. Explain the purpose of the proposed project: The purpose of the project is to provide a sewer line that will serve Daystar Machining. 3e. Describe the overall project in detail, including the type of equipment to be used: The project includes the installation of a new sewer line for Daystar Machining. Typical construction and earth moving equipment would be utilized, as well as erosion control devices and best management practices. The sewer line would be installed using the "trench -cut" method. After installation, the impacted wetland and stream bed and bank would be returned to original contours and stabilized with matting and appropriate seed (Figure 3.1 and 3.3). Work within the stream utility crossing will occur in the dry (Figure 3.2). The utility line will join an existing sewer line on the southeast side of Cane Creek. The project includes one temporary stream crossing impact and one temporary wetland crossing impact. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type N Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: ClearWater Environmental Name (if known): Clearwater Environmental Consultants, Consultants, Inc. Inc. Other: David Brown 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Preliminary Jurisdictional Determination (PJD) was issued for the project on November 6, 2015 (Action ID SAW -2015- 02028) and is included in Attachment A. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes N No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): N Wetlands N Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 El P ®T Impact #1 — Utility PEM ❑ Yes ® Corps 0.01 Crossing (W2) ® No ® DWQ ❑ Yes ❑ Corps W2 ❑ P ❑ T ❑ No ❑ DWQ El Yes El Corps W3 El P F1 T ❑ No ❑ DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes [:1 Corps W5 ❑ P ❑ T ❑ No [-I DWQ ElYes E]Corps W6 ❑ P ❑ T ❑ No ❑ DWQ 2g. Total wetland impacts 0.01 2h. Comments: 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps -404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Impact #2 — ® PER ® Corps S1 ❑ P ® T Utility Crossing Cane Creek ❑ INT ® DWQ 50 20 (Si) S2 ❑ P ❑ T El PER [J Corps ❑ INT ❑ DWQ El PER [__1 Corps S3 ❑ P ❑ T ❑ INT ❑ DWQ F] PER El Corps S4 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps S5 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps S6 ❑ P ❑ T ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 20 31. Comments: Page 4 of 11 PCN Form —Version 1.3 December 10, 2008 Version 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 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. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? El Yes B1 ❑P❑T ❑ No El Yes B2 ❑P❑T ❑ No ❑Yes B3 ❑P[IT ❑ No 6h. Total buffer impacts 61. Comments: Page 5 of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts for the project are temporary, minimal, and associated only with the installation of the utility line. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All construction equipment would be operated from high ground. Sediment and erosion control devices and best management practices would be utilized on-site. The sewer line would be installed using the "trench -cut" method. After installation, the impacted wetland and stream bed and bank would be returned to original contours and stabilized with matting and appropriate seed (Figure 3.1 and Figure 3.3). Impacts to the wetland and stream will be temporary. Work within the stream utility crossing will occur in the dry (Figure 3.2) 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 yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ElPayment 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 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: ❑ warm ❑ cool ❑cold 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. Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ®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: 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 ® 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 Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes N 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 project includes installation of a sewer line and temporary impacts that will be revegetated. ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II Ll NSW 3b. Which of the following locally -implemented stormwater management programs EI 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 ❑ HOW 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? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1b. 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 Welland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® 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. The proposed project is in a previously established industrial and commercial corridor. Goods and services can be provided by the City of Fletcher. The proposed project will not result in additional development that could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed sewer line will connect to an existing sewer line. Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ®No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ®No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS County data and the Natural Heritage Program GIS data. CEC Consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Henderson County. The project is not located near any known occurrences of hibernacula or maternity sites. It is the opinion of CEC that the project would have .no effect" on the Northern long-eared bat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ®No 61b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system. 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 ® 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? National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service. The Meadows (HN0004), Cunningham-Poteat-Bagwell House (HN1074), and Younblood General Store (HN1073) are located within approximately 0.5 mile of the proposed Daystar Sewer Line project site. It is the opinion of CEC that project construction will not negatively affect the integrity of this historic site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The sewer line will be sub -surface and upon completion of construction, contours will be returned to pre-existing conditions throughout the length of the floodplain. Installation of the line will not result in a rise to the floodplain elevation. WGLA is coordinating with Henderson County for approval to work within this area. 8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center; map number 3700966300K panel 9663 (effective 1/6/2010). R. Clement Riddle 3/7/2018 ApplicantlAgent's Printed NameAp nt/Agent's Signature (Agent's signature is valid only If an authorization letter from the applicant Date isprovided.) Page 10 of 11 PCN Form —Version 1.3 December 10, 2008 Version This Page Intentionally Left Blank Page I 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Daystar Sewer Line (+/- 755 Linear Feet) µockly r'c1 0 01:1 �v e Rd � V�� lt�Q G 9 of \ 0 Q yor �"C�ey Wellmgt0n�� �\,ttst FOet @�w Avalon Dr /C2 Rd � AOundersYJM 6,'/ ^,1J cr00 \y r� ttf v Rdldbin Rd erPs o 280 0 ay 4lckenna kd Watson ,. Pv m Proposed Sewer Line "0x0158Ur+cornhe o .,liendersoni° t µd ,t - a AD Yuji d \\\cue Dltlq. + o P z '11 rJ� Asheville 0 lay �eRv 0/7 m Regional n D Airport 4 si 2Blake u n ^ 7,d ® St)p Fletcher �z PoteatSt Carl lid p F annin9 0ridge Rd � � Fletcher ring40 Fletcher Woad Community h!//4� Park Westleldt The Carriage µd River Park Lyf, 80 Broadmoor logl Golf Links �a . on 5 hack' a o. a: Rockwell Dr i. t.;u .\\ h 4 w a 6 n Legend o 0 0.5 1 2 Proposed Sewer Line Miles Drawn by: KAY 7.30.15; CEC Project# 761 Y /J U Henderson County, CLearWater Site Vicinity North Carolina 32 Clayton street Figure 1 Asheville, North Carolina 28801 Daystar Sewer Line (+/- 785 Linear Feet) . \ ` - f � \ 54ISO�...,• —k i ' - , • /- Proposed Sewer Line le r � l f � • w r , r - 1 y,, 2080 aOT :f i `, ev I � O N Legend ��- Proposed Sewer Line _. _ _ 0 250 500 1,000 ~ ® Feet f y : RKM 7.30. ; CEG Project# 767 rLearWater USGS Topographic Map Henderson County, ` V Fruitland Quad North Carolina 32 Sheet Figure 2 g Asheville, North Caroline 28801 North C B DAWG. ENTERPRISES LLC v}' PIN K 9663-13-5455 DB 1094 PG 669 r. `'gip. Wl SUWIMY PROPOSED TEMPORARY• STREAM IMPACT ' (20 V TOTAL) G�F`v� � PROPOSED PROPOSED TEMPORARY (230WET-ANO&F iMPACTs GP�F' rte/ 5 - NT GRAY SEWER LINE (Y30 SFJ \- PROPOSED .\ 20' SANITARY SEWER LINE EASEMENT FI REALITY LLC 5J5 CANE CREEK INDUSTRIAL PARK /�•Eiy, DB 1519 PG 570 PIN. 9663-23-5193II EXISTING GRANTY SEWER LINE TOWN OF ER f 9663-12-566-568 0 {{ = 8 e - 1425/137 - - '�� � SAM R• ,� WGLA ENGINEERING, PLLC Wetland & 724 5th AVENUE Daystar Extension Stream Impacts HENDERSONVILLE, NC 28739 Sanitary Sewer Fig 3.0 (828) 687-7177 Henderson County Job #: 14154 WGLA.COM North Carolina Date: 2/26/18 NC LICENSE P-1342 Scale: n.t.s. 7 1•, ALBERT L WORLEY . - �� LYTLE FAMILY LIMITED PARTNERSHIP 9663-24-1072 PIN g 9663-13-6980 1182/131 08 989 PG , •��' x _ \ .1 . 6 i SES, LLC i5 I I \ \ 1�\ - - ,j CANE MEEK // 51 B DAWG. ENTERPRISES LLC v}' PIN K 9663-13-5455 DB 1094 PG 669 r. `'gip. Wl SUWIMY PROPOSED TEMPORARY• STREAM IMPACT ' (20 V TOTAL) G�F`v� � PROPOSED PROPOSED TEMPORARY (230WET-ANO&F iMPACTs GP�F' rte/ 5 - NT GRAY SEWER LINE (Y30 SFJ \- PROPOSED .\ 20' SANITARY SEWER LINE EASEMENT FI REALITY LLC 5J5 CANE CREEK INDUSTRIAL PARK /�•Eiy, DB 1519 PG 570 PIN. 9663-23-5193II EXISTING GRANTY SEWER LINE TOWN OF ER f 9663-12-566-568 0 {{ = 8 e - 1425/137 - - '�� � SAM R• ,� WGLA ENGINEERING, PLLC Wetland & 724 5th AVENUE Daystar Extension Stream Impacts HENDERSONVILLE, NC 28739 Sanitary Sewer Fig 3.0 (828) 687-7177 Henderson County Job #: 14154 WGLA.COM North Carolina Date: 2/26/18 NC LICENSE P-1342 Scale: n.t.s. NOTES: 1.) MATTING SHALL BE COIR FIBER, 750 GRAM PER SO. METER WITH NOMINAL 0.50 IN. OPENING SIZE. 2.) SEEDING FOR RIPARIAN AREAS SHALL COMPLY WITH SECTION 6.24 OF THE NC EROSION AND SEDIMENTATION CONTROL MANUAL SEE CHART BELOW FOR TEMPORARY SEEDING. PERMANENT SEED MIX WILL BE RECOMMENDED BY THE INSTALLER AND REVIEWED FOR COMPLIANCE BY THE ENGINEER. ANCHOR MATTING IN 8" TRENCH __�' V MIN. MATTING PLACED FLUSH WITH BANK SURFACE, LAP OVER DOWNSTREAM/DOWN SLOPE SEAMS 12" WOOD STAKE PLACED IN 3' O.C. DIAMOND PATTERN SMOOTH SURFACE, REMOVE ALL DEBRIS AND SEED/MULCH BEFORE PLACING MATTING BED /III EXTEND MATTING A MIN. OF MATTING ANCHORED DEPTH VARIES BELOW STREAM BED. V BELOW STREAM BED PROPOSED UTILITY PIPE LINE Temporary Secding Recommendations Common Name 5clantlllc Name Raleper Acre Moudaiis Rye grain Secalecereale 30 lbs Aug. 15 -May 15 Wheal Trillmm aeslivum 30 lbs Aug. 15 -May 15 German millet Selada ROM 10 lbs May 15 -Aug. 15 Brownbp millet Umchloa ramom lg lbs May 15 -Aug. 15 WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828)687-7177 WGLA.COM NC LICENSE P-1342 Daystar Extension Sanitary Sewer Henderson County North Carolina Stream Bank Stabilized & Crossing Fig 3.1 Job #: 14154 Date: 2/26/18 Scale: n.t.s. 2.1 SIDE SLOPES W.S. ELEV. 2059't TEMPORARY SOIL COFFER 10' WIDTH DAM TO CROSS STREAM INSTALL TEMPORARY CONCRETE 2.OD'SOIL POLY FABRIC JERSEY TYPE BARRIER AROUND ENTIRE FILL COFFER DAM 2.00-i STREAM BOTTOM ELEV. 2057'1: 14' WIDTH DUCTILE IRON PIPE (SEE RIVER CROSSING ENCASEMENT DETAIL) NOTES: WORK LN -STREAM AND WITHIN A 25 -FOOT BUFFER ZONE IS PROHIBITED DURING THE TROUT SPAWNING PERIOD OF OCTOBER 15 1HROUGH APRIL 15 10 PROTECT THE EGO AND FRY STAGES FROM SEDIMENTATION. VEGETATION SHOULD BE PRESERVED AS MUCH AS POSSIBLE TREES THAT MUST BE REMOVED SHOULD BE CUT NEAR GROUND LEVEL, LEAVING THE STUMP AND ROOTS IN THE BANK FOR STABILITY. USE NATURAL MATERIALS AS MUCH AS POSSIBLE TO RESTORE THE STREAM BANK AT THE CRO551N0. RIP RAP SHALL BE UNITED TO THE NORMAL HIGH WATER MARK. ALL MECHANIZED EQUIPMENT OPERATED IN OR NEAR SURFACE WATERS SHALL BE REGULARLY INSPECTED AND MAINTAINED TO PREVENT CONTAMINA71ON OF STREAM FROM FUELS, LUBRICANTS. HYDRAULIC FLUIDS. AND OTHER TOXIC MATERIALS. ALL SOIL IS TO BE REMOVED AND THE STREAM CHANNEL FLOOR STABILIZED BEFORE JERSEY BARRIERS ARE REMOVED. COFFER DAM DETAIL N.T.S. WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 Daystar Extension Sanitary Sewer Henderson County North Carolina Coffer Dam Fig 3.2 Job #: 14154 Date: 2/26/18 Scale: n.t.s. REMOVE TEMPORARY FILL AFTER CONSTRUCTION OF SEWER, RESTORE TO PRE-EXISTING WNTOU AND SEED WITH WETLAND SEED MIX (nmst- MX -305) TYPICAL FILL SECTION HTS. NOT TO EXCEED 40 FEET SECTION En I CONCRETE ANTI—SEEP COLLAR N.T3. PLAN ONCRETE WGLA ENGINEERING, PLLC Stream Bank 724 5th AVENUE Daystar Extension Stabilized & Crossing HENDERSONVILLE, NC 28739 Sanitary Sewer Fig 3.3 (828) 687-7177 Henderson County Job #: 14154 WGLA.COM North Carolina Date: 2/26/18 NC LICENSE P-1342 Scale: n.t.s. Daystar Sewer Line (+/- 785 Linear Feet) C Legend � Proposed Sewer Line SODS Co - Comus Sandy Loam Cu - Codows Loam W - Water )yawn by: KAY 8.12.15; CEC Project# Henderson County, North Carolina ,LearWater 32 Clayton Street Ile, North Carolina 28801 N 0 50 100 200 Feet Figure 5 Daystar Sewer Line (+/- 785 Linear feet) Daystar Sewer Line (+/- 785 Linear Feet) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable emom due to topography, vegetative cover, and/cur multipara signal error. Nate. The illustrated wetland and stream locations are approximate. These areas have been gagged In the field; however, they have not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) is confident In our assessment, the US Army Corps of Engineers (Corps) Is the only agency that can make final decisions regarding Jurisdictional wetland and waters of the US delineations. Therefore, all Preliminary determinations are subject to change until written verification Is obtained. CEC strongly recommends that written verification be obtained from the Carps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best Information available to CEC at the time of production. This map Is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted, Source Data: Imagery; NAIP(2011). Jurisdictional Water W1 002 S1 1 61 I I I W2 0..01 �I I Total 0.012 1 Total 1 61 1 Legend * Welland Data Form a Proposed Sewer Line Stream Wetland Delineation Boundary Cane Creek .�.., �; •'"''fie?. Delineation Boundary 761 Henderson County, North Carolina CIL, ear"lliA/ater 32 Clayton Sheet tsheville, North Carolina 28 W1 Proposed Sewer Line 141 0 50 100 200 Feet Stream & Wetland Delineation Map Delineated August 4, 2015 Figure 7 Attachment A Preliminary Jurisdictional Determination Action ID SAW -2015-02028 November 6, 2015 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2015-02028 County: Henderson U.S.G.S. Quad: Fruitland NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Lytle Familv Limited Partnership / Attn.: Anna Viands_ 76 Address: 40 Littleton Heights Drive Fairview. NC 28730 Telephone Number: 828-777-1325 Size (acres): 1.1 acres of 52.09 acre tract Nearest Town: Fletcher Nearest Waterway: Cane Creek Coordinates: 35.4395 N, 82.4853 W River Basin/ HUC: Upper French Broad (06010105) Location description: The site is located on a tract of land (PINS 9663-13-6980 9663-23-5193, and 9663-12-5680) off Cane Creek Road near 356 Cane Creek Road in Fletcher. Henderson County North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFA Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There -are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (C W A)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US. and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 232 or david.w.brown@usace.arniy. nt i 1. C. Basis for Determination: The site contains wetlands as determined by the 1957 Corps ojEngineers Welland Delineation d4anual and the Regional Supplement to the Corps ojEngineers Wetlands Delineation Manual: Easlern Mountain and Piedmont Region, Version 2.0. These wetlands are abutting to a stream channel located on the property that exhibit indicators of ordinary high water marks and has perennial flow. The stream channel on the property is Cane Creek, a relatively permanent waters (RPW), which flows into the French Broad River, traditionally navigable water (TNW) and designated Section 10 water downstream of Wilson Road Bridge in Brevard, North Carolina. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. D. Remarks: The waters of the U.S., at this site, were verified on-site by the Corps on September 30, 2015 and are as approximately depicted and summarized on the anached Stream and Wetland Map, Figure 5 (dated August 4, 2015), submitted by ClearWater Environmental, Inc. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineatio thletermination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room I0M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must, be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official'.,, >' David Brown Issue Date of JD: November 6.2015 Expiration Date: Five years from Issue Dare The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at littp://reQulaton,.usacesurvev.com/. Copy furnished: ClearWater Environmental, Inc., Atm.: Kevin Mitchell, 32 Clayton Street, Asheville, NC 28801 SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http•//www usace armv mil/Missions/CivilWorks/RegulatoryPrograinandPennits.aspx or Corps regulations at 33 CFR Part 331, A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pennit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • .ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under lite Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF, ADMINISTRATIVE APPEAL OPTIONS AND REQIILST'FOR APPEAL PROCESS AND Applicant: Lytle Family Limited Partnership / Attn.: Anna Viands Pile Number: SAW -201.5-02(128 Date November 6, 2015 Attached is: See Section below ❑I INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑I PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C F11 APPROVED JURISDICTIONAL DETERMINATION D NJ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http•//www usace armv mil/Missions/CivilWorks/RegulatoryPrograinandPennits.aspx or Corps regulations at 33 CFR Part 331, A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pennit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • .ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under lite Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the `\ preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appeL \ by contacting the Corps district for further instruction. Also you may provide new information for further consideration by , Corps to reevaluate the JD. SECTION IJ -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: District Engineer, Wilmington Regulatory Division, also contact: Mr. Jason Steele, Administrative Appeal Review Officer Attn: David Brown 828-271-7980 CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the op2ortunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):gn2rls 6 -Nov -15 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Lytle Family umlled Partnership 40 LilOelon Heights Drive; Fairview, NC 207430 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District; Asheville Feld office CESAW-RG-A Daystar SAW -2015-02028 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 356 Cane Greek Road; Fletcher, NG (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Henderson City: Fletcher Center coordinates of site (lat/long in degree decimal format): Lat. 35.439479 'N; Long. -62.405310 Universal Transverse Mercator. Name of nearest waterbody: Cane Creek aW Identify (estimate) amount of waters in the review area: Non -wetland waters: 61 linear feet: 50 width (ft) and/or acres. Cowardln Class: Riparian Stream Flow: Perennial Wetlands: 9.012 acres. Cowardin Class: Paloshme Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): 6 -Nov -15 ❑ Office (Desk) Determination. Date: a Field Determination. Date(s): 30 -Sep -15 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the app nUconsultant. X Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study:_ ❑ U.S. Geological Survey Hydrologic ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name -1 Z4H: Fruitland ouad ❑✓ USDA Natural Resources Conservation Service Soil Survey. Citation: USDA Solis Henderson County ❑ National wetlands inventory map(s). Cite name:_ ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ✓❑ Photographs: 1Z Aerial (Name & Date): NAIP(2011) or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected.in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWAjurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: \ Z 1 Signature and date of Sign ture and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining David Brown the signature is impracticable) Regulatory Specialist Attachment B Site Photographs August 4, 2015 r %S"Y.