HomeMy WebLinkAbout20181601 Ver 1_401 Application_20181120Anchor QEA of North Carolina, PLLC ANCHOR
231 Haywood Street
Asheville, North Carolina 28801 kz QEA �!
828.281.3350
November 14, 2018
NC DWQ. WBSCP Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650 rrklU
Y
Re: Pre -Construction Notification Submittal for Utility Line Crossing under Creek
148 Ledbetter Road Public Water Access 2 0 1 8 1 6 0 1
Buncombe County, North Carolina
Attached are five copies of the permit application for the above -referenced project. One copy has
been sent to the United States Army Corps of Engineers.
The permit package includes the Pre -Construction Notification (PCN) form and associated
supporting documents.
We appreciate your assistance with this project. Please do not hesitate to contact me at
(828) 771-0279 if you have any questions or need additional information.
Sincerely,
Sara avinoha, PE
Anchor QEA of North Carolina, PLLC
Enclosures: Pre -Construction Notification
[No -
V 2 0 2018
\\Asheville1\Asheville\Projects\Duke Energy\Waterlines\Asheville Site\Permitting\LISACE\148 Ledbetter Rd\148 Ledbetter_ Cover Letter DWQ.docx
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ YesX❑ No
2.
Project Information
2a. Name of project:
148 Ledbetter Road Public Water Access
2b. County:
Buncombe
2c.
Nearest municipality / town:
Asheville
2d. Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Tom B. Rice and Leonia Rice
3b.
Deed Book and Page No.
4453/841
3c.
Responsible Parry (for LLC if
applicable):
3d.
Street address:
148 Ledbetter Rd
3e. City, state, zip:
Arden, NC 28704
3f.
Telephone no.:
(828) 230-7541
3g. Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑X 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:
Sara Stavinoha, PE
5b. Business name
(if applicable):
Anchor QEA of North Carolina, PLLC
5c. Street address:
231 Haywood St
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
(828) 281-3350
5f. Fax no.:
(828) 281-3351
5g. Email address:
sstavinoha@anchorgea.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9644-13-7850-00000
1 b. Site coordinates (in decimal degrees):
Latitude: 35.466314 Longitude: -82.555896
1c. Property size:
3.57 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
French Broad River
2b. Water Quality Classification of nearest receiving water:
B
2c. River basin:
French Broad
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:
This parcel is a residential property containing one single family home and a prefabricated metal building. Upstream land use is low density residential
and agricultural.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 488
3d. Explain the purpose of the proposed project:
The purpose of this project is to install water service lines to connect a residential homes at 148 Ledbetter Rd to public water.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑ Yes ❑X No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
A permit request has been submitted to Buncombe County for the construction of a utility line within a flood plain.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Utility
Unnamed Stream
PER
Corps
2
10
S2 P
Utility
Unnamed Stream
PER
Corps
2
10
S3 -
Choose one
-
-
S4 -
Choose one
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
20
3i. Comments:
The proposed 2" water service line will cross below two unnamed streams that cross the private gravel drive to 148 Ledbetter Rd.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated Flooded Filled Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g,
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a.. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See answer to 1 b below.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction activities will take place only where the water service line crosses perpendicularly under the stream. No other impacts to the stream are
anticipated.
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 ❑X 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
El Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete If Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non-riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. 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
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 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
There will not be any added impervious surface due to the installation of the water line.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Buncombe County
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
El USMP❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application?
❑Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes Q No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
has field.
The property a private septic tank and drain
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS online mapper of critical habitat for threatened and endangered species
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC State Historic Preservation Office online map
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
This installation of the water line will not have an impact on the existing topography. A permit has been submitted to Buncombe County planning
department for the installation of a water line in the floodplain.
8c. What source(s) did you use to make the floodplain determination?
North Carolina Floodplain Mapping program
Sara Stavinoha
Applicant/Agent's Printed Name
Date
lic nt/Agent's Signature
(AgenrMignature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
PCN Submittal
148 Ledbetter Road Public Water Access
Buncombe County, NC
SECTION B. Project Information and Prior Project History
3e. Describe the overall project in detail including the type of equipment to be used:
One 2" water lines will be installed along an existing gravel driveway. The driveway crosses two tributaries
to the French Broad River and existing culverts facilitate the driveway crossing. The culverts do not have
enough cover to allow for the water line to be installed above them. Therefore, the water line will be
bored under the creek parallel to the driveway for approximately 10 feet. Construction equipment that will
be used includes horizontal drilling equipment and a small excavator.
Publish Date. 2018/11/14, 10.19 AM i User. kyoungblood
Filepath. \\Asheville I \AsheviIle\Projects\Duke Energy\Waterlines\Asheville Site\Figures\Basemaps\148 Ledbetter Road Base map for USACE Permit. mxd
Privileged and Confidential I Attorney Work Product I Prepared at Request of Counsel
PROPERTY INFORMATION:
148 Ledbetter Road
9644-13-7850-00000
Tom and Leona Rice
LEGEND:
- - Proposed Waterline Connection
- - Proposed City Tap Connection
• Proposed Meter Location
• Private Supply Well Location
- - Appproxiamte Existing Waterline Location
Approximate Septic Tank Location
Approximate Drain Field Location
k + Existing Spigot
Site
— Water Main
.- Parcels
— Contour at 20 feet
Contour at 4 feet
— Hydrology
100 -year Floo d pai n (Zone AE)
NOTES:
Parcels - Buncombe County GIS 2017
Aerial Imagery - NC OneMap 2015
Flood Plain - North Carolina Floodplain
Mapping Program
Water Main location is approximate and
based upon information provided by the
City of Asheville.
Sewer Main locations are approximate
based on Buncombe County Metropolitan
Sewerage District maps.
_ £ • 2,156.20 ft - invert elevation of manhole
The location of existing utilities is based upon
information provided by current property
owners and a visual assessment of the site.
0 0 380
Feet
Figure 1
Preliminary Water Service Map
148 Ledbetter Road
Duke Energy - Asheville CCP Permanent Water