20181662 Ver 1_Final 401 Application_20190129

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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
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 18,27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 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:
❑ Yes ❑X 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 ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
N Yes NX No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Oakley Springs
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:
JD Land Holding LLC
3b.
Deed Book and Page No.
5309/0605
3c.
Responsible Party (for LLC if
applicable):
Jonathan Dworin
3d.
Street address:
1701 16th St. NW, Apt. 507
3e.
City, state, zip:
Washington, D.C. 20009
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
[e-mail]
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:
Owen Carson
5b.
Business name
(if applicable):
Equinox Environmental Consultation & Design, Inc. ("Equinox")
5c.
Street address:
37 Haywood Street, Suite 100
5d.
City, state, zip:
Asheville, NC 28801
5e.
Telephone no.:
[phone] ext. 204
5f.
Fax no.:
[phone]
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
9658-20-1811
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.569685 Longitude: -8252421
1 c.
Property size:
3.88 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Swannanoa River
2b.
Water Quality Classification of nearest receiving water:
C
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:
Site lies within a small wooded valley, drainage area of 0.04 acres, bisected by a first -order stream system with associated wetlands. Mature native
canopy present, highly disturbed understory, abundant invasive exotic plants. Stream flows onto site as perennial first-oder, flows past one small
headwater wetland, through another headwater weltand before emptying into old pond, Stream goes intermittent below pond, exits under N -S railroad.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.076
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 824.6
3d. Explain the purpose of the proposed project:
To establish an innovative stormwater management system that uses in -stream treatment and native vegetation to achieve uplift in water quality.
3e. Describe the overall project in detail, including the type of equipment to be used:
-PLEASE SEE SUPPLEMENTAL ANSWER SHEET ATTACHMENT FOR RESPONSE TO QUESTION 3e»
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases in the past?
❑ Yes ❑X No ❑ Unknown
Comments: pJD is being submitted with this PCN;
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): Owen Carson
Agency/Consultant Company: Equinox
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
This PCN is being submitted along with the PJD for the project area. Therefore there has not yet been a determination by the Corps in regards to the
resources.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
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):
❑X 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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Modification for stormwater
Small -Basin Wetland
No
Corps
0.04
W2 P
Modification for stormwater
Headwater Wetland
Yes
Corps
0.02
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:
W1 and W2 will be permanently impacted via conversion of the pond/wetland complex to a functional stormwater BMP. NWP 18 will cover these
impacts.
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 (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
S01
PER
Corps
2
55
S2 P
Modification for stormwater
S01
PER
Corps
2
30.5
S3 T
Culvert
S02
INT
Corps
2
37
S4 P
Modification for stormwater
S02
INT
Corps
4
281
S5 T
Pump -around
S01
PER
Corps
2
10
S6 -
Choose one
3h. Total stream and tributary impacts
413.5
3i. Comments:
Permanent impacts to S01 will occur in three separate areas (See attached Plan Sheet) and total to 122.5 linear feet. Impacts to S01 will be covered
under NWP 18
Permanent impacts to S02 will be covered under the NWP 27 for stream enhancement - the channel is being redesigned to accommodate stormwater
flows and an accessible floodplain bench is part of the redesign. Therefore although the impacts are permanent, there will be no 'loss of WOTUS"
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 indivi ually 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.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
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
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The owner's representative was granted approval by the City of Asheville to utilize City of Asheville Low Impact Road Standards which allows for a
smaller ROW and reduces the road width requirements. Both of which helps keep the homes closer to the road and prevents impacts to the stream
and wetland areas on-site. The layout avoids impacts to the stream and wetlands at the southern end of the property entirely. The impacts to the
wetland in the center of the property has been minimized as a loop road utilizes two existing culvert locations to cross the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Work on streams will occur in the dry using a pump -around system for the duration of the in -channel work. Construction equipment will kept out of
stream channels and wetland areas. Areas of soil disturbance will be properly stabilized with matting or seeding or both, and WOTUS will be protected
from siltation using silt fencing. All WOTUS upstream of the stormwater wetland complex will remain undisturbed.
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 ❑X 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 X❑ 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?
27%
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ 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:
In the
proposed scheme, the pond will be demolished and the existing dam will be removed. In its place will
be built a constructed wetland that allows
creek base flows and bed sediments to flow freely through a low-flow channel. During storm events, the wetland control structure will regulate outflows
so that excess runoff will accumulate in the wetland, and upstream into the undisturbed reach. The water surface
of the wetland will stage up to create
temporary shallow ponding in a floodplain wetland. Downstream of the constructed wetland, the creek channel will be re-shaped to a more stable form,
and native riparian vegetation will be planted to promote bank stability. At the edge of the riparian buffer, shallow linear depressions will be created to
capture any sheet flow or concentrated runoff before it reaches the creek. Depressions will function as floodplain wetlands and promote infiltration.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Asheville
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Asheville
❑X Phase II
❑ NSW
3b.
Which of the following locally-implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X 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 ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X 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)
1 a.
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)?
1 c.
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,
E] Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after-the-fact permit application?
El 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 ❑X 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
All
the proposed project, or available capacity of the subject facilit.
wastewater will be directed into an existing Buncombe County Metropolitan Kewerage District sewer line that currently bisects the property.
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
❑X Yes ❑ No
impacts?
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?
iPaC Online Mapping Tool (https://ecos.fws.gov/ipac/)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper/index.html)
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?
Consult with the NC Department of Natural & cultural Resources (contact: Linda Hall, Archaeologist) - Ms. Hall reviewed her database(s) and indicated
that there are no previously recorded sites and that it is unlikely that archaeological resources available.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FRIS Floodplain Mapper (http://fris.nc.gov/FRIS/Home.aspx?ST=NC)
Digitally signed by William Owen Carson
William Owen DN cn=William Owen Carson,
o=Equlnox Environmental, ou,
William Owen Carson
Carson mail=awe°@eq°Inoxen ironme°`also
°=�S05/17/2018
Date: 2018.05.17 10:01:34 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10