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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