20190103 Ver 1_PCN Form Submission_20190122

DWR
IDIOM n of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
tial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20190103
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Amy Annino:eads\amannino
Information for Initial Review
1a. Name of project:
Waterfront Club Subdivision
1a. Who is the Primary Contact?*
Jan Gay
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1/22/2019
Nearest Body of Water
Lake Rhodhiss
Basin
Catawba
Water Classification
WS-IV;CA
Site Coordinates
Latitude:
35.788345
Longitude:
-81.543108
Version# *
1
Reviewing Office*
Asheville Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
FA. Processing Information U
County (or Counties) where the project is located:
Caldwell
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
* 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?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
F Standard (IP)

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
29 - Residential Developments
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
O Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F_ Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Caldwell Timber Partners, LLC
2b. Deed book and page no.:
DB 1886, Pg 146
2c. Responsible party:
Caldwell Timber Partners, LLC
2d. Address
Street Address
1400 16th Street, Suite 320
Address Line 2
CKY
Denver
Postal / Zip Cade
80202
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jan Gay
State / Ffovinoe / Region
CO
Country
United States
2f. Fax Number:
r Yes r^ No
r- Yes r No

3b. Business Name:
Acer Environmental, LLC
3c. Address
Street Address
PO Box 71
Address Line 2
city
Candler
Postal / Zip Code
28715
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Waterfront Club
1c. Nearest municipality/ town:
Baton
2. Project Identification
2a. Property Identification Number:
2745333257 & 274499552
2c. Project Address
Street Address
Address Line 2
aty
Postal / Zip Cade
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Lake Rhodhiss
3b. Water Resources Classification of nearest receiving water:*
WS-IV;CA
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12 -digit HUC in which the project is located.
030501010801
4. Project Description and History
State / Ftovince / Region
NC
Country
United States
3e. Fax Number:
2b. Property size:
1011
State / Frovince / Region
Country
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:*
The site is under forested conditions, with infrastructure being constructed in the first 2 phases of the project. The land use in the area is typically rural, with residential homes, farms
and forest.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Waterfront topo.pdf 1.17MB
4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
waterfront soils.pdf 1.31 MB
4f. List the total estimated acreage of all existing wetlands on the property:
1
4g. List the total estimated linear feet of all existing streams on the property:
23,500
4h. Explain the purpose of the proposed project:*

The project includes construction of roadways to allow access to the property for development. Site plans have been adjusted to avoid most impacts to jurisdictional features. Three
stream crossings are necessary to access the northern parts of the property. Two streams will utilized culverts, and one will utilize a bottomless culvert.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Heavy equipment, including bull dozers, large trucks and track hoes will be utilized to construct the road ways. All jurisdictional impacts have been avoided in the first phases.
4j. Please upload project drawings for the proposed project.
Waterfront Stream Drawings-Revised.pdf 810.33KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
R Yes r No C Unknown
Comments:
a jurisdictional delienation effort was undertaken in 2017
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved R Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jan Gay
Agency/Consultant Company: Acer Environmental, LLC
Other:
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
r Yes C No
7b. If yes, explain.
The project is phased. However, the first 2 phases of the project were undertaken avoiding all likely jurisdictional impacts, with roads rerouted and property lines redrawn to avoid all
impacts. As the final phase is being undertaken, impacts are now unavoidable.
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands W Streams -tributaries r Buffers
F Open Waters r Pond Construction
3. Stream Impacts
❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 31h. Impact
(?) Jurisdiction* length*
to allow access to S1 ro ert Permanent Culvert —]
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
147
31
P p Y
Ui to Stafford Creek
Perennial
Both
8
Average (feet)
75
(linear feet)
S2
to allow access to ro ert
P p Y
Permanent
Culvert
Stafford Creek
Perennial
Both
30
Average (feet)
72
(linear feet)
. Total temporary stream impacts:
0
. Total stream and ditch impacts:
147
3j. Comments
31
E. Impact Justification and Mitigation

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
During the first two phases of the project, plans were redone to avoid all impacts. Roadways were redesigned to avoid channel crossings and wetland
areas, and property lines were redrawn. A bottomless culvert is being utilized on one of the necessary stream crossings to avoid impacts to that reach.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Headv✓alls are being used to reduce culvert lengths, while being able to keep the roads within the grade tolerances.
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 r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Minimal impacts for the full project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SH T)
F Other SCM that removes minimum 30% nitrogen
rJ Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
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)?
r Yes r No
Comments
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?*
r 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
3. Cumulative Impacts (DWR Requirement)
3a. Will this project 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.
Although further development will occur with this project, the avoidance of jurisdictional impacts will keep downstream water quality from being
affected.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A

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?*
r Yes
r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No
Se. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r- No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
Si. 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCNHP data base, and an inquiry was sent to the USFWS Asheville office. Due to the government shut down, a reply has not been received.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Fisheries website
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 status?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO website
7c. Historic or Prehistoric Information Upload
waterfront shpo map.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes
r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Online maps
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Waterfront Additional files.pdf
Signature
*
W By checking the box and signing below, I certify that:
475.32KB
6.67MB
• 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
U

. I intend to electronically sign and submit the PCN form.
Full Name:
Jan U. Gay, LSS
Signature
✓,4AJ V. 6WY
Date
1/20/2019

Property Legal Description
Waterfront Club Subdivision
NCPIN: 2745333257
Account #: 158437
Parcel -id: 1155 116
Bk 1886 PG 146 YR 15 ST 14021.00
Caldwell County, North Carolina
Property Owner: Caldwell Timber Partners, LLC (print)
The undersigned, registered Property Owner(s) of the above noted property, do hereby authorize
Jan Gay, of Acer Environmental, LLC
To act on my behalf and take all actions necessary with the US Army Corps of Engineers and North
Carolina Department of Environmental Quality for the processing, issuance and acceptance of this
permit or certification and any and all standard and special conditions attached.
Property Owner's address:
140016th Street, Suite 320
Denver, CO 80202
Telephone number: 720-723-2850
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledee!'I
Authorized signature
Date: 01 / ( � / 16

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