20181710 Ver 1_PCN_Revised 4-15-19_updated_20190516

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Office Use Only:
Corps action ID no.
DWQ project no.
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:
Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
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 g No
For the record only for Corps Permit:
❑ Yes Z 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 No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes No
2. Project Information
2a. Name of project:
Red Fox Meadows
2b. County:
Avery
2c. Nearest municipality / town:
Banner Elk
2d. Subdivision name:
Red Fox Meadows
2e. NCDOT only, T.I.P. or state project no:
NA
3. Owner Information
3a. Name(s) on Recorded Deed:
RFM and Gwaltney Farms, LLC
3b. Deed Book and Page No.
520/2410 Avery County Registry
3c. Responsible Party (for LLC if
applicable):
William Wakeman III (Bill)
3d. Street address:
306 E. Main St. Ste_ 200
3e. City, state, zip:
Lakeland, FL 33801
3f. Telephone no.:
863-529-3465
3g. Fax no.:
NA
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:
❑ Agent Other, specify: Owner, see above
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:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN: 158914347825
1 b. Site coordinates (in decimal degrees):
Latitude: 36.174869 Longitude: -81.867439
1 c. Property size:
48.20 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Whitehead Creek and it's tributaries
2b. Water Quality Classification of nearest receiving water:
C;Tr
2c. River basin:
Wautauga
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:
Pasture and forested land with rural residential home sites and abandoned farmstead.
Access for the future development has begun
3b. List the total estimated acreage of all existing wetlands on the property: 1.12
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,331
3d. Explain the purpose of the proposed project:
To provide access for 11 future rural residential home -sites.
3e. Describe the overall project in detail, including the type of equipment to be used:
Approximately 2940 linear feet of paved road will provide access to driveways to the 11 homes. Bulldozers, track excavators, graders, paving equipme
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall riot phases)in the past?
® Yes ❑ No ❑ Unknown
Comments: Requested
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): Joel Lenk
Agency/Consultant Company: Quible & Associates, PC
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Amanda Jones completed the PJD on-site verification with Joel Lenk of Quible on March 21, 2019.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
[I Yes Z No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes 0 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):
0 Wetlands ® 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
Fill
Headwater Wetland
No
Corps
0.003
W2 P
Flooding
Headwater Wetland
No
Corps
0.060
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6
i Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.063
2h. Comments:
Wetland impacts are shown on the Impact Map submitted with the PJD request. Wetland Impact W1 is shown at Impact location 4 on the Impact
Map. Wetland Impact W2 is show at the Proposed Wetland Impact location on the Impact Map.
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
UT -1131
INT
Corps
1
40
S2 T
Restore
UT -1 Bi
INT
Corps
1
101
S3 T
Culvert
UT -1B
PER
Corps
2
40
S4 P
Culvert
UT -1B
PER
Corps
1
70
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
251
3i. Comments:
Stream impacts are shown on the Impact Map submitted with the PJD request. Stream Impact Number S1 and S2 are at Impact location 1 on the
Impact Map. Stream Impact Number S3 is shown at Impact location 2 and Stream Impact Number S3 is shown at Impact location 4 on the Impact
Map.
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
02 -
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: Wautauga
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
61 P
Access Road
UT -1A
No
1,769
B2 T
Access Road
UT -1A
Yes
719
B3 T
Access Road
UT -1B
Yes
14,355
B4 P
Access Road
UT -1B
No
4,751
B5 P
Access Road
UT -1B1
No
3,231
B6 _
Access Road
UT -1B1
Yes
6h. Total Buffer Impacts:
23,056
1,769
6i. Comments: Buffer impacts are shown and discussed in the Trout Buffer Waiver Request provided with this PCN. In general areas where the
access road occupies the buffer are proposed to remain while all areas outside the access road are proposed to be restored.
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.
Execution of a Preliminary Jurisdictional Determination for the project area. Design of the original lot layout to avoid impacts to Wetland Areas and
streams. Specification of a single span arched culvert as the permanent stream at Impact location 2. Development of Master Grading and Drainage,
Erosion Control and Restoration Plans.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Temporary pumping of stream flow around the area where future temporary stream impacts will take place. Storage of materials and equipment out
of the floodplain while not in use. Following the approved Grading and Drainage and Erosion Control Plans (plans and approvals attached).
Implementation of the Restoration Plan.
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?
0 Yes ❑ 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
❑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.
The proposed mitigation plan will consist of implementation of the Stream, Stream buffer, a Wetland Restoration Plan produced by Quible.
Additionally a bottomless/arched culvert can be installed at Impact location 2 if required.
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
0 Yes ❑ No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
Access Road
5,074
3 (2 for Catawba)
15,222
Zone 2
1.5
6f. Total buffer mitigation required:
15,222
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).
Permittee responsible riparian buffer restoration will be completed as described in the Stream, Stream Buffer and Wetland Restoration Plan by Qubile
that is provided with this PCN.
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
0 Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
The SESC Plan that includes information regarding the application of the Stormwater General Permit
0 Yes ❑ No
-NCG-1000 by David Stames, PLS is included with this PCN.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan?
0 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:
The SESC Stormwater Plan by David Stams is attached.
2e. Who will be responsible for the review of the Stormwater Management Plan?
NC DEMLR
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Banner Elk/Avery County
❑ Phase II
❑ NSW
3b. Which of the following locally-implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
Z Other: Unknown
3c. Has the approved Stormwater Management Plan with proof of approval been
Z 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: NPDES
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)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
ED Yes 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
letter.)
❑ Yes ❑ No
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,
ZYes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
Z Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Violations are included with this PCN.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
0Yes 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.
If SESC, Stormwater, and Restoration Plans are implemented as specified development resulting from this project should not impact nearby
downstream water quality.
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.
The 11 lots and residences associated with this project will either have on-site wastewater treatment systems (septic) or be hooked up to the
municipal wastewater system if available (sewer).
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 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® 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?
USFWS Endangered Species for Avery County
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 M 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?
S. Flood Zone Designation (Corps Requirement)
-T-
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes 10 No
8b. If yes, explain how project meets FEMA requirements:
This site does exist in a FEMA mapped floodplain.
8c. What source(s) did you use to make the floodplain determination?
Flood Risk Information System website (https://fris.nc.govtfris/)
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Page 10 of 10