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HomeMy WebLinkAbout20181161 Ver 1_401 Application_20180820Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 8/20/2018 12:12:07 PM (Start Event) Accept by Montalvo, Sheri A 8/21/2018 11:17:48 AM (Non DOT Initial Review) • The task was assigned to Montalvo, Sheri A. The due date is: August 23, 2018 5:00 PM 8/20/2018 12:14 PM DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Buncombe Is this project a public transportation project?* f Yes f• No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type (s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: NWP Number Other: List all IWV nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: O Yes O No For the record only for Corps Permit: O Yes O No 1e. 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 f Yes C No 1f. Is the project located in anyof NC's twentycoastal counties?* C Yes r No 1h. Is the project located in a designated trout watershed?* C Yes f• No Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Owen Carson 1b. Primary Contact Email:* oven@equinoxenvironmental.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (828)253-6856 1d. Who is applying for the permit? ❑ Owner r Applicant (other than owner) rJ Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: NTTP Investments, LLC 2b. Deed book and page no.: Multiple parcels and deed records; p[lease see attached parcel list 2c. Responsible party: (for Corporations) Joe H. Ward 2d. Address Street Address 3 Bideford Road Address Line 2 City Asheville Fbstal / Zip Code 28803 2e. Telephone Number: (XXX)XXX-XXXX (828)777-0540 2f. Fax Number: (XXX)XXX-)O= 2g. Email Address:* joehward37@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: State/ Province/ Fbgion NC Country USA William Owen Carson 4b. Business Name: (if applicable) Equinox Environmental 4c. Address Street Address 37 Haywood Street Address Line 2 Suite 100 City Asheville Postal / Zip Code 28801 4d. Telephone Number: (828)253-6856 (xxx)xxx-xxxx 4e. Fax Number: (828)253-8256 (xxx)xxx-xxxx 4f. Email Address:* owen@equinoxenvironmental.com Agent Authorization Letter* Rease provide the Agent Authorization Letter if you are sulxritting this docunent. Desca la_AgentAuthorization_Form. pdf RLETVPEIVILISTBUDF ................................................. State / Province / Fbgion NC Country USA 69.66KB C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Asheville Heights Apartments 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town:* Fairview, NC 1d. Driving directions* ff it is a new project and can not easily be found in a GPS napping system Rease provide directions. Address easily located via GPS systems; 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) Multiple - see attached parcel list 2b. Property size: (in acres) 19 2c. Project Address Street Address 251 Charlotte Highway Address Line 2 City State/ Province/ Region Asheville NC Postal / Zip Code Country 28803 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.549282 -82.467501 ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Gashes Creek 3b. Water Resources Classification of nearest receiving water:* C Surface Water Lookup 3c. What river basin(s) is your project located in?* French Broad River Basin Lookup 4. Project Description 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Currently the site is nearly entirely forested and consists of both upland and lowland areas. The northern property boundary lies parallel to Charlotte Highway and Gashes Creek, which flows east -west across the northern Property interior. Two unnamed tributaries (UT) to Gashes Creek flow south -north across the interior of the Property, occupying steep, relatively narrow valleys. Multiple benched wetlands occur alongside both UTs. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Qick the upload button or drag and drop files here to attach docurrent AVL_Heights_WFA_Topo. pdf File type mist be pdf 1.26MB 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) nick the upload button or drag and drop files here to attach document AVL_Heights_WFA_Soils.pdf 1.02MB File type must be pdf 4d. List the total estimated acreage of all existing wetlands on the property: 0.564 4e. List the total estimated linear feet of all existing streams on the property: (interrrittent and perennial) 4150 4f. Explain the purpose of the proposed project:* The purpose of the proposed project is provide residential rental housing to the greater Asheville, NC area. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed development is to be a 190 -unit market rate, new construction apartment community. It will consist of 8 residential buildings and 1 clubhouse building. Typical site grading and excavation equipment will be used to perform such tasks... excavators, bulldozers, etc. 4h. Please upload project drawings for the proposed project. Click the upload button or drag and drop files here to attach docurrent MasterPlan.pdf 403.35KB PlanView AA.pdf 288.91 KB PlanViewBBCC.pdf 272.79KB X S_AA.pdf 129.51<13 X S_BB.pdf 126.36KB X S_CC.pdf 128.16KB Environmental Plan.pdf 5.78MB File type mist be pdi 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?* f• Yes f No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Unknown f N/A Corps AID Number: Exarrple: SAW -2017-99999 SAW -2017-01282 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Owen Carson Equinox Environmental 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Approved JD certified on July 10, 2017; AJD attached, as are the NCWAM Assessments for the impact areas; 5d1. Jurisdictional determination upload Click the upload button or drag and drop files here to attach docurrent Descala_ApprovedJD_07.10.2017.pdf 3.92MB 251_Char_Hwy_AA-1_NCWAM.pdf 160.03KB 251_Char_Hwy_AA-2_NCWAM.pdf 159.98KB File type mist be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* r Yes r No F Unknown 7. Future Project Plans 7a. Is this a phased project?* ryes 6 No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): V Wetlands V Streams -tributaries r' Buffers r- Open Waters F Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Site # - Reason for impact* 2b. Impact type * 2c. Type of wetland* AA- fill for retaining wall P Nap label (e.g. Road Grossing 1 - Oalvert, Permanent (F) or dewatering, etc) Temporary (T) BB - fill for retaining wall P Nbp label (e.g. Poad Grossing 1 - Culvert, Permanent (P) or dewatering, etc) Temporary (T) CC - disturbance from P adjacent retaining wall Permanent(P)or Nbp label (e.g. Pbad Grossing 1 - oalvert, TemtrazY (T) dewatering, etc) 3g. Stream 3h. Impact 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.001 2g. Total Wetland Impact 0.001 Headwater Forest Headwater Forest Headwater Forest 2d. Wetland name *2e. 2f. Type of Forested* Jurisdicition* W03 (AA) Yes Corps for all stream sites impacted. (404, 10) or DAR (401 other) W11 (BB) Yes Corps 3f. Type of 3g. Stream 3h. Impact (404, 10) or CAR(401 type* Type* other) W11(CC) Yes Corps P Culvert S01 (Gashes Creek) Perennial (404, 10) or DAR (401 6 50 other) 2h. Comments: FOR ATTACHED FIGURES (on the "Environmental Plan" and on the "JD Delineation Map"): W03= contains Impact Area AA; W11= contains both Impact Area BB and CC Total wetland impacts are 0.0022 acres (not sure why I cannot enter acreage smaller than thousandths in the above windows...) 2g. Impact area 0.000 (acres) 0.000 (acres) 0.001 (acres) 3. Stream Impacts V there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. .............. .... .......... 3a. Reason for impact*3b.lmpact 3c. Type of impact*3d. Stream name* 3e. Stream 3f. Type of 3g. Stream 3h. Impact type* Type* Jurisdiction* width* length* S1 S1 - Road crossing P Culvert S01 (Gashes Creek) Perennial DWR 6 50 Nbp label (e.g. Road Grossing Rerrrnnent (P) or Perennial (PER) or Average (linear feet) 1) Temporary (T) intermttent (INT) (feet) S2 S2 - Road crossing P Culvert S01 (Gashes Creek) Perennial DWR 6 50 Nbp label (e.g. Road Grossing Perrranent (P) or Perennial (PBS or Average (linear feet) 1) Tenporary (T) intermittent (INT) (feet) S3 S3 - Road crossing P Culvert S03 (UT1>Gashes Perennial DWR 2 40 8 Nbp label (e.g. Road Grossing Permanent (P) or Creek) Perennial (PB:� or Average (linear feet) 0 1) Temporary (T) intermittent (INT) (feet) "' All Perennial or Intermittent streams must be verified by DWR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 140 3i. Total temporary stream impacts: 0 3i. Total stream and tributary impacts: 140 3j. Comments: Stream name in parentheses relates to naming system used in original JD for the site; all impacts are culverts; E. Impact Justification and Mitigation fiW_VeYsFTTiVETOIAAfl'11'i1F�Tifo i1 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:* Impervious surface are located a minimum of 30' from streams (per local ordinances). Post -construction storm water runoff rates are reduced to equal or less than pre -development runoff rates through the use of storm water detention/infiltration facilities. Storm water quality is addressed with the detention/infiltration facilities by reduction of the total suspended solids by 85%. Erosion control facilities will be installed to minimize offsite sedimentation from construction activities. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Erosion control (offsite sedimentation) is facilitated through the use of double -row silt fences, super silt fence along the main flowing stream, filter berms, inlet protection, skimmer sedimentation basins, mud mat entrance to the site, and rip rap pipe outlet protection, all under the prior submittal of plans to and final approval by the Buncombe County Planning Department. 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? r Yes F No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Cumulative impacts do not exceed state/federal mitigation thresholds; F. Stormwater Management and Diffuse Flow Plan (required by DWR) — Recent changes to the stormwater rules have required updates to this section .'*" 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? f Yes C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Not within or adjacent to w protection watershed; 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* f Yes G No To look up low density requirement click here 15A NCAC 02H.1003(2) 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state - approved local government stormwater program?* r Yes r No Hint: projects that have vested rights, exenptions, or grandfathering from state or locally inplerrented stormwater prograns or projects that satisfy state or locally-irrplerrented stormwater prograns through use of comrunity in -lieu prograns should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* rJ Local Government F State Local Government Stormwater Programs* 17 Phase II r- NSW r- USMP r- Water Supply Please identifywhich local government stormwater program you are using.* Buncombe County Planning Department G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * f Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Not a phased project - no other adjacent land is currently proposed for construction associated with the Asheville Heights Apartments. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f• Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will be discharged from the proposed project by way of gravity fed sanitary sewer into the Metropolitan Sewerage District of Buncombe County, North Carolina system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? f Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* C Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* r" Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes f No 5g. Does this project involve bridge maintenance or removal? f Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* f Yes C No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? C Yes f• No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC Tool: ECOS Mapper- generated Official Species List [attached] and performed Critical Habitat analysis (none known for the Project Site - see attached) 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? NOAA Online Essential Fish Habitat Mapping tool (https://\woN.habitat.noaa.gov/protection/efh/efhmapper/index.htm1) 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * f Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC HPO WebMapper (http://gis.ncdcr.gov/hpoveb/); emaill correspondence with NC Historic Preservation Office (see attached); 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach docurrent NCSHPO_Correspondence _3.15.18.pdf 233.27KB File must be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* f Yes C No 8c. What source(s) did you use to make the floodplain determination?* Online Flood Risk Information System (FRIS): mapped as "Low Risk" (http://fris.nc.gov/fris/Index.asp)? FIPS=021 &ST=NC&user=General%20Public - see attached screenshot of FRIS map results in "Miscellaneous" attachments section) Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach document 251_Char_Hwy_OwnershipTable.pdf 27.11 KB AshevilleHeights_FRIS_Display.pdf 428.53KB 251_Charlotte_HWy_Species List— Asheville Ecological Services Field Office.pdf 896.27KB Site_Photos.pdf 1.22MB File mast be FDF or KW Signature ......................................................................................................................................................................................................................................................................................................... V By checking the box and signing below, I certify that: ■ I have given true, accurate, and complete information on this form; ■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); ■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND ■ I intend to electronically sign and submit the PCN form. Full Name:* William Owen Carson Signature Date Submitted: 8/20/2018 Initial Review Is this project a public transportation project?*(? f Yes f• No Change only if needed. Has this project met the requirements for acceptance in to the review process?* F Yes r No BIMS # Assigned 20181161 Version#* Reviewing Office* Asheville Regional Office - (828) 296-4500 Select Project Reviewer* Zan Price:eads\gaprice Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification What amout is owed?* r $240.00 f $570.00