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)
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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)
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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
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(20 V TOTAL) G�F`v� � PROPOSED
PROPOSED TEMPORARY
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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 . -
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9663-24-1072
PIN g 9663-13-6980
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STREAM IMPACT '
(20 V TOTAL) G�F`v� � PROPOSED
PROPOSED TEMPORARY
(230WET-ANO&F iMPACTs GP�F' rte/ 5 - NT
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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.