Loading...
HomeMy WebLinkAbout20190680 Ver 1_401 Application_20190522Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20190680 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Select Reviewing Office:* Submittal Type:* 401 Application Zan Price:eads\gaprice Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 * owed? r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information .......................................................................................................................................................................................................................................................................................................................................................................................... Name: Kaylie Yankura Who is subrritting the inforrration? Email Address: kaylie@cwenv.com Project Information ...................................................................................................................................... Project Name: Reflection Pointe Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Buncombe Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent 1016—Reflection Pointe PCN—Submitted 5.22.19.pdf 1.42MB Only pdf or Igrz files are accepted. Describe the attachments: The attached PCN is a courtesy copy and is being submitted on behalf of Southwood Realty Company. The project site is located off New Leicester Highway in Buncombe County, NC. Southwood Realty Company is seeking a NWP 29 for the construction of an access road for a proposed multi -family apartment complex. V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this 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 I intend to electronically sign and submit the online form." Signature: Submittal Date: Is filled in automatically. CLearWater C1earWater Environmental Consultants, Inc. www cwenv.com May 22, 2019 Ms. Amanda Jones US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 RE: Reflection Pointe (+/-16.5 Acres) SAW -2019-00501 Nationwide Permit 29 Buncombe County, North Carolina Dear Ms. Jones, The attached Pre -Construction Notification (PCN) is being submitted on behalf of Southwood Realty Company represented by Mr. William Ratchford. The project site is located off New Leicester Highway in Buncombe County, North Carolina. Southwood Realty Company is seeking a Nationwide Permit 29 for the construction of an access road for a proposed apartment complex. A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr. Byron Hamstead of the US Fish and Wildlife Resources. A courtesy copy of this application has also been sent to Mr. Zan Price of the NC Division of Water Resources, Asheville Regional Office. Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments. Sincerely, 4ar_ ylie A. Y Project M er Copy Furnished: NC Wildlife Resources Commission -- Andrea Leslie (Email) US Fish and Wildlife Service, Asheville — Byron Hamstead (Email) NC Division of Water Resources, Asheville — Zan Price (E -submittal) 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel ;i R. Clement ddle, P.W.S Principal Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Reflection Pointe 2. Work Type: ✓❑Private El Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form Bad and'B3e]: The purpose of the proposed project is to construct an access road for a proposed multi -family apartment complex. 4. Property Owner / Applicant [PCN Form A3 or A41: Southwood Realty Company (William Ratchford) 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants, Inc. 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2019-00501 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 35.61167, -82.645289; Site is located off New Leicester Highway in Buncombe County. S. Project Location— Tax Parcel ID [PCN Form Bla]: $ee Attached Property Cards 9. Project Location— County [PCN Form A2b]: Buncombe 10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Leicester 11. Project Information — Nearest Waterbody [PCN Form B2a]: Lee Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form B2c]: French Broad/06010105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 C�rjNaker Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWI;, Webscape Unit Attn: Karen Higgins 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize Clearwater Environmental Consultants, Inc. (CEQ to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: ,r �► p� J (,c-, Property Owner Address: ST Phone Number: Sv Email address: W: I I ' ,r' � . � Q4 r XA'Ie, y, G �-n Property Location: ; c �; c;1 -f, } y 1 r W U._ _ Owner/Managing partner Signature: Owner/Managing printed name: V-11;(4, Date: 1 L l - 32 Clayton Street Asheville, NC 28801 Phone: 828-698-9800 www.cwenv.com 3/12/2019 �A' s;* . E<a Back to Parcel Deta I, s� I Owner Information Buncombe County Tax Lookup - Property Card COUNTY OF BUNCOMBE, NORTH CAROLINA Web Property Record Card 961g -67-446o-00000 Owners: SOUTHWOOD REALTY COMPANY Address: PO BOX 280 Deed Date: GASTONIA NC 28053 Property Location: 828 NEW LEICESTER HWY Taxing Districts oo6o / o165 County: Buncombe County City: 828 NEW LEICESTER HWY Fire: WEST BUNCOMBE School: LEICESTER HWY FRONT Date Printed: 3/12/2019 Parcel Information Total Property Value: 46o,700 Status: Active Deed Date: 2/1/2019 Deed Book/Page: 5740/1946 Plat Book/Page: oo6o / o165 Legal Reference: TRANSFER BY DEED Location: 828 NEW LEICESTER HWY Class: MULTI -USE COMM Neighborhood- LEICESTER HWY FRONT Subdivision: LOUISE B BUCKNER Sub Lot: 1 Conservation/Easement: N Flood: N Ownership History Transfer Price Legal Reference Deed Qualified Vacant When Seller Names Date 2018 7.68 . Book/Page 0 Sold 460,700 02/01/19 $1,000,000 TRANSFER BY DEED 5740/1946 Yes No JULIAN AGBALA 03/24/16 $422,000 COMMISSIONER'S 5407 / 18og No: P No CHARLES A BUCKNER JR 440,900 0 DEED 440,900 I I 334,500 97,200 9,200 I (ETAL) 07/11/03 $o TRANSFER BY DEED 3293 / 0012 No: C No BUCKNER CHARLES A Assessment History Year Acres Land Bldgs Other Impr Assessed Desc Exemptions Deferred Taxable 2019 7.68 334,500 115,600 1o,600 460,700 0 10 46o,7oo 2018 7.68 334,500 115,600 1o,600 460,700 0 0 460,700 2017 7.68 334,500 115,600 1o,600 46o,700 0 0 460,700 2016 17.68 1334,500 97,200 9,200 1440,900 0 0 440,900 2015 7.68 334,500 97,200 9,200 440,900 0 0 440,900 2014 7.68 334,500 97,200 9,200 440,900 0 0 440,900 2013 7.68 334,500 97,200 9,200 440,900 10 0 440,900 2012 7.68 614,400 108,500 7,700 73o,6o0 10 0 73o,600 2011 7.68 614,400 108,500 7,700 730,600 10 0 73o,600 2010 7.68 614,400 108,500 7,700 73o,6o0 10 0 73o,600 2009 7.68 614,400 108,500 7,700 73o,6o0 10 0 73o,600 2008 7.68 614,400 108,500 7,700 73o,600 io 0 73o,600 2007 7.68 614,400 108,500 7,700 73o,6o0 10 0 73o,600 2006 7.68 614,400 108,500 7,700 73o,600 10 0 73o,600 2005 7.68 63,300 152,200 3,000 218,500 10 0 218,500 2004 7.68 63,300 152,200 3,000 218,500 0 0 218,5oo 2003 7.68 63,300 152,200 3,000 218,5oo 0 0 218,5oo 2002 7.68 63,300 1152,20013,000 1218,500 0 10 218,500 2001 7.68 47,900 1102,70012,200 1152,800 0 10 152,800 hftps:Ittax.bunGombecounty.org/PropertyCard.aspx 113 3/1212019 Buncombe County Tax Lookup - Property Card Data Total Acres; 334,541 Land Value: 334,500I Other Improvements Value: 1o,600 Square Feet Improv# 1 Description Year Units 1 1 ST UB OR BARN i95o 72o SquareFeet 2 GARAGE 1940 528 Square Feet 3 2 ST BARN 1952 1,344 Square Feet Segment# I Units I Description 1 334,541 Square Feet SF -COMMERCIAL Building Structures Res. Building ID Style Sq Feet Bsmt SgFt Bsmt Finished Year Built Grade Condition Value 2 1 STORY CONVENTIONAL 1,304 706 0 1936 C N 99,300 Refinement Description Built -Ins Units Foundation CONVENTIONAL Full Baths 1 Roof TI pe GABLE W/ COMP. SHGL. Fireplace/Gas Log I HVAC HEAT NO A/C Bedrooms .11 Section SgFt # Stories ENCLOSED PORCH 96 I LIVING AREA LEVEL 1 296 1 ENCLOSED PORCH 128 1 LIVING AREA LEVEL I 1,008j I UNFINISHED BSMT. 7o6l 1 Com. Bldg ID Bldg Class Sq Feet Bsmt SgFt Bsmt Finished Year Built Grade Condition Value I MASONRY 4,619 0 0 1952 E P 16,300 Un Sketched SubAreas: RUGA 708: https:/Itax.bunoombecounty.org/Proper[yCard.aspx 2/3 3112/2019 Buncombe County Tax Lookup - Property Card Total Building Value: i15,600 httpsJltax.bunGombecounty.org/PropertyCard.aspx 313 3/12/2019 Buncombe County Tax Lookup - Property Card rt COUNTY OF BUNCOMBE, NORTH CAROLINA Web Property Record Card 961g-67-8402-00000 Date Printed: 3/12/2019 ac Back to Parcel Details! Owner Information Owners: SOUTHWOOD REALTY COMPANY Address: PO BOX 28o Deed Date: GASTONIA NC 28053 Property Location: 82o NEW LEICESTER HWY Taxing Districts oo6o / o165 County: Buncombe County City: 820 NEW LEICESTER HWY Fire: WEST BUNCOMBE School: LEICESTER HWY FRONT Parcel Information Total Property Value: i39,7o0 Status: Active Deed Date: 12/31/2018 Deed Book/Page: 5732 / 1646 Plat Book/Page: oo6o / o165 Legal Reference; SPECIAL WARRANTY DEED Location: 820 NEW LEICESTER HWY Class: COMM VAC Neighborhood: LEICESTER HWY FRONT Subdivision: LOUISE B BUCKNER Sub Lot: 2 Conservation/Easement: N Flood: N OwnershiD History Transfer Price Lem Reference Deed Qualified Vacant When Sold Seller Names Date 139,700 2018 4.58 Book/Page 0 139,700 0 12/31/18 $600,000 SPECIAL WARRANTY DEED 5732/1646 No: A Yes F & B PROPERTY LLC 0 139,700 2016 14.58 1199,500 0 0 199,500 BEVERLY J DAGGETT REAL ESTATE 04/12/16 $277,000 TRANSFER BY DEED 5414/0113 Yes Yes IRA LLC o6/o6/14 $167,000 TRUSTEES DEED 5214/1509 No: P Yes AVL PROPERTIES LLC 03/16/o5 $178,50o TRANSFER BY DEED 3953 / 0361 Yes Yes BRENT J FALKENBERG 01/24/00 $0 WILL OR ESTATE FILE 003E / o183 No: E Yes BARBARA LOUISE BUCKNER FALKENBERG Assessment History Year Acres Land Bldgs Other Impr Assessed Dese Exemptions Deferred Taxable 2019 4.58 139,700 0 0 139,700 0 0 139,700 2018 4.58 139,700 0 0 139,700 0 0 189,700 2017 4.58 139,700 0 0 139,700 0 0 139,700 2016 14.58 1199,500 0 0 199,500 0 0 199,500 2015 4.58 199,500 0 10 199,500 10 0 194,500 2014 4.58 199,500 0 0 199,500 0 0 199,500 2013 4.58 199,500 0 0 199,500 0 0 199,500 2012 4.58 329,800 0 0 329,800 0 0 329,800 2011 4.58 329,800 o 0 329,800 0 0 329,800 2010 4.58 329,800 0 10 329,800 10 0 329,800 2009,4-58 329,800 0 10 329,800 10 0 329,800 2oo8 4.58 329,800 0 0 329,8o0 10 0 329,800 200714-58 329,800 0 0 329,800 0 0 329,800 20o6 4.58 329,800 o 0 329,8o0 0 0 329,800 2005 4.58 47,100 0 0 47,100 0 0 47,100 2004 4.58 47,100 0 10 47,100 0 0 47,100 2003 4.58 47,100 0 0 47,100 0 0 47,100 2002 4.58 12001 14-58 147,100 0 135,700 0 0 0 47,100 i 35,700 1 io 10 0 0 47,100 35,700 https:lttax.bunoombeoounty.org/PropertyCard.aspx 1/2 3/12/2019 Buncombe County Tax Lookup - Property Card Larid Data Total Acres: 199,505 Land Value: 139,700 Other Value: o Square Feet Improvements Segment# Units I Description 1 ligg,5os Square Feet SF -COMMERCIAL Total Building Value: o https:ittax,buncombecounty.org/PropertyCard.aspx 2/2 3/12/2019 Buncombe County Tax Lookup - Property Card COUNTY OF BUNCOMBE, NORTH CAROLINA Web Property Record Card 9619-77-0492-00000 cc Back to Parcel Details Date Printed: 3/12/2019 Owner Information Owners: SOUTHWOOD REALTY COMPANY Address: PO BOX 28o Deed Date: GASTONIA NC 28053 Property Location: 812 NEW LEICESTER HWY Taxing Districts oo6o / o165 County: Buncombe County City: 812 NEW LEICESTER HWY Fire: WEST BUNCOMBE School: LEICESTER HWY FRONT Parcel Information Total Property Value: 139,700 Status: Active Deed Date: 12/31/2018 Deed Book/Page: 5732 / 1646 Plat Book/Page: oo6o / o165 Legal Reference: SPECIAL WARRANTY DEED Location: 812 NEW LEICESTER HWY Class: COMM VAC Neighborhood: LEICESTER HWY FRONT Subdivision: LOUISE B BUCKNER Sub Lot: 3 Conservation/Easement: N Flood: Y Ownership History Transfer Price Legal Reference Deed Qualified Vacant When Sold Seller Names Date 139,700 2018 4.58 Book/Page 0 139,700 0 12/31/18 $600,000 SPECIAL WARRANTY DEED 5732/1646 No: A Yes F & B PROPERTY LLC 04/12/16 $277,0oo TRANSFER BY DEED 5414/0113 Yes Yes RUSSELL L DAGGETT REAL ESTATE IRA LLC o6/o6/14 $74,000 TRUSTEES DEED 5214/1470 No: P Yes AVL PROPERTIES LLC 0 179,600 2014 4.58 179,600 o o i79,600 CHARLES R BUCKNER 03/11/05 $18o,000 TRANSFER BY DEED 3950/ 0305 Yes Yes JUDY M CODY Assessment History Year Acres Land Bldgs Other Impr Assessed Desc Exemptions Deferred Taxable 2019 4.58 139,700 0 0 139,700 10 o 139,700 2018 4.58 139,700 0 0 139,700 0 0 139,700 2017 4.58 139,700 0 0 139,700 0 0 189,700 2o16 14.58 1179,600 o 0 179,600 0 0 x79,6oa 2015 4.58 179,600 o 0 179,600 0 0 179,600 2014 4.58 179,600 o o i79,600 0 0 179,600 2013 4.58 179,600 o o i79,6o0 0 0 179,600 2012 4.58 293,1000 0 293,100 0 0 293,100 2011 4.58 293,1000 10 293,100 0 0 293,100 2010 4.58 293,1000 0 293,100 0 0 293,100 2009 4.58 293,100 0 0 243,100 0 0 293,100 20o8 4.58 293,100 0 0 243,100 10 0 293,100 2007 4.58 293,100 0 0. 293,100 0 0 243,100 20o614.58 293,100 0 10 293,100 0 0 243,100 200514-58 47,100 0 0 47,100 0 0 47,100 2004 4.58 47,100 0 0 47,100 0 0 47,100 2003 4.58 47,100 0 0 47,100 0 0 47,100 2002 4.58 147400 0 0 47,100 0 0 47,x00 2001 4.58 135,700 0 0 135,700 1 10 10 35,700 Land Data hitps:/flax.buncombecounty.org/PropertyCard.aspx 1/2 3/12/2019 Buncombe County Tax Lookup - Property Card Acres: 199,505 Land Value: 139,700 Other Value: o Feet Improvements nent# Units Descrintiom 199,5o5 Square Feet ASF -COMMERCIAL Total Building Value: o hftps:lttax.buncombecounty.org/PropertyCard.aspx 212 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: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes No 1 d. 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 1e. 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes Q No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Reflection Pointe 2b. County: Buncombe 2c. Nearest municipality 1 town: Leicester 2d. Subdivision name: NIA 2e. NCDOT only, T.I.P. or state project no: NIA 3. Owner Information 3a. Name(s) on Recorded Deed: Southwood Realty Company 3b. Deed Book and Page No. 574011946; 5732/1646 3c. Responsible Party (for LLC if applicable): William Ratchford 3d. Street address: 1165 S. York Street 3e. City, state, zip: Gastonia, NC 28053 3f. Telephone no.: 704-915-2650 3g. Fax no.: NIA 3h. Email address: william.ratchford@southwoodrealty.com 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: R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, Inc. 5c. Street address: 32 Clayton Street 5d. City, state, zip: Asheville, NC 28804 5e. Telephone no.: 828-698-9800 5f. Fax no.: NIA 5g. Email address: dement@cwenv.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See Attached Property Cards 1b. Site coordinates (in decimal degrees): I Latitude: 35.61167 Longitude: -82.645289 1 c. Property size: 16.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lee Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad/06010105 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: The proposedproject site was previously utilized for residential and agricultural use. The property is currently vacant and includes residential structures, a bam, smaller storage buildings, driveway, and a routinely mowed field. General land use in the vicinity is primarily residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.201 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 823 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an access road for a proposed multi -family apartment complex. 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 0 Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property 1 Comments: See Attachment B project(including all priorphases) in thepast? 4b. If the Corps made the jurisdictional determination, what type x❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Clearwater Environmental Name (if known): Other: USAGE Amanda Jones 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW -2019-00501, issued 412612019. A copy of the Preliminary Jurisdictional Determination is included in Attachment B. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes © No ❑ Unknown this project (including all prior phases) in the past? 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 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands 2. Wetland Impacts 0 Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Weiland 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 P Fill Headwater Wetland No Corps 0.067 W2 P Fill Headwater Wetland No Corps 0.002 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: 0.069 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 Culvert S1 - UT Lee Creek PER Corps 4 92 S2 T Culvert 81 - UT Lee Creek PER Corps 4 30 S3 - Choose one - S4 - Choose one - S5 Choose one - - S6 - Choose one - 3h. Total stream and tributary impacts 122 31. Comments: 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 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. 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 135 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 61. 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. See Attachment A. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Attachment A. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes Q No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. if yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one 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: S. 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 rfparian 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 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 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? 45 2b. Does this project require a Stormwater Management Plan? __9yes ❑ 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 proposed project is subject to review and approval by Buncombe County. 2e. Who will be responsible for the review of the Stormwater Management Plan? I Buncombe County I 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is this project? Buncombe County ❑x Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Stormwater Proaram Review ❑ Yes _ ❑Coastal counties 4a. Which of the following state -implemented stormwater management programs apply ❑HQW❑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) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes Q 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 (NEPAISEPA)? 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 letter.) ❑ No Yes ❑ 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 Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? Oyes 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 © 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. The proposed project is located in a previously developed residential and commercial corridor. The proposed project would not result in additional development which could 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. Wastewater generated of the site would be treated via the local municipal facility. The sewer is located in the right-of-way of New Leicester Highway. The proposed project would bore across the road in order to access the connection. 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 Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes Q 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? See Attachment A. 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? South Atlantic habitat and Ecosystem IMS. Impacts will not occur in a marine system. 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 ® 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? See Attachment A. B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Q Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: WGLA Engineering is working with Headwaters Engineering to conduct studies/apply for a No Rise certification. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA map number 3700961900J, Panel 9619, effective 11612010. R. Clement Riddle(FA� M5,-22.1? ApplicantlAgent's Printed Name pplicantlAgent's Signature (Agent's signature is valid only if an authorization Date letter from the applicant isprovided.) Page 10 of 10 Reflection Pointe (+/- 16.5 AC) LEMESTER a Ilk, 400 00 Project Boundary Legend I Project Boundary Drawn by 131 2 18 19, C"EC Project# 1016 Buncombe County, North Carolina EMN- 112 4110L 0 c M° ins ATAVERVILLE # ,�, R 5 R ft' aearMber 32 Clayton Street Asheville, North Carolina 28801 0 1 2 4 Miles Site Vicinity Figure 1 Reflection Pointe (+/- 16.5 AC) r � •ski+' + .?I �' r '`� - l "S -{ R+`'" � . r . I �., N!^5r� -. '�� '-�a `� 1, l s.~ r ,f L ��n�.I�.��MJ a t 'Cy is i � ' a r f � • � e..l M• r '4 A loop A 1:y. - 5 I .y i. n* of �� �'1r.#JI$�f�. s��e .�r'.4 ���• �� k,. � � .F ev s it � .— rt _. y�._`4��++�'�•--jl. i 1 6 {�r;.— I 7`6 - tilt l�� I (� Impact W1 I Impact W2 WETLAND #3 WETLAND #4 IMPACT AREA: 0.067 AC IMPACT AREA: 0.002 AC :MIA 1AW IPANAT11 3 r - © ac,! y 7 i �f STREAM #1 - Impact S1 IMPACT AREA: 92 LF ' 1 i PROPOSED CULVERT i Imps S2 +30 LF TEMPORARY IMPACT �' F � O ■ ii ■ i ■ I, f t� o., \N° °L`Ol T SEAL ° 023091 v •,. v, a s. ma � � e ° 724 5th AVENUE REFLECTION POINTE HENDERSONVILLE, NC 28739 (828) 687-7177 LEICESTER WGLA.COM NORTH CAROLINA •,��Oi�AS 30N.�,. Im 11110" 511511 WETLAND IMPACT MAP Figure 3.0 Job #: 19106 Date: 5-16-19 Scale: 1"=150` PROPOSED ASPHALT DRIVE WITH CURB V. IN ITTC'17 PROPOSED CONCRETE ENDWALL PROPOSED CUL` BURIED 12" MINI BELOW STREAM BED UULVtM I CROSS—SECTION N.I.S. PROPOSED RETAINING WALL PROPOSED CONCRETE HEADWALL PROPOSED 22' ASPHALT DRIVE WITH CURB & GUTTER (24' FACE—TO—FACE) Lo� -f I /WAk IMPERMEABLE DIKE PROPOSED CULVERT DURING CONSTRUCTION BED BURIED 12" MINIMUM BELOW IMPERMEABLE DIKE STREAM BED —� DURING CONSTRUCTION MATCH EXISTING GRADIENT �``.��►H"'C"AR��''`�,, of ° e CULVERT a SEAL 8 023091 - CROSS—SECTION = a e N.T.S. �;�x0Q:91N��`'°c�5 �9 �0 lririii�►� 95 jt� f1 1 WGLA ENGINEERING, PLLC USACE EXHIBIT 724 5th AVENUE REFLECTION POINTE SHEET 1 OF 3 HENDERSONVILLE, NC 28739 Figure 3.1 (828) 887-7177 LEICESTER Job #: 19106 WGLA.COM NORTH CAROLINA Date: 5-15-19 NC LICENSE P-1342 Scale: NTS STREAM CROSSING CONSTRUCTION SEQUENCE 1. INSTALL PEREMITER EROSION CONTROL DEVICES AS SHOWN ON APPROVED EROSION CONTROL PLANS. 2. INSTALL IMPERMEABLE DIKES. 3, INSTALL PUMP SYSTEM. 4, CONSTRUCT SEWER LINE STREAM CROSSING. 5. RESTORE BANKS PER THE STREAM CROSSING DETAIL. 6, REMOVE IMPERMEABLE DIKES & PUMP SYSTEM. STREAM FL IMPERMEABLL Uir\L nonnnc'r'n CULVERT INSTALLATION DETAIL N.T.S. LE DIKE h 2oaQ�flFEW/h�p° 0 v s SEAL e 023091 ° WGLA ENGINEERING, PLLC USAGE EXHIBIT 724 Sth AVENUE REFLECTION POINTE SHEET 2 OF 3 HENDERSONVILLE, NC 28739 Figure 3.2 (828) 687-7177 LEICESTER Job #: 19106 WGLA.COM NORTH CAROLINA Date: 5-15-19 NC LICENSE P-1342 Scale, NTS PROPOSED SILT FENCE —EXISTING WETLAND t. THE CONTRACTOR SHALL INSTALL PERIMETER EROSION CONTROL DEVICES AS SHOWN ON APPROVED EROSION CONTROL PLANS. PROPOSED FILL SLOPE CROSS-SECTION OF FILL WITHIN WETLAND 2. AT NO TIME SHALL THE WETLAND BE INFRINGED UPON BEYOND THE LIMITS OF DISTURBED AREA AS SHOWN ON THE APPROVED EROSION CONTROL PLANS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CONSTRUCTION TRAFFIC, SEDIMENT, OR FOREIGN MATERIAL. 3. THE CONTRACTOR SHALL MAINTAIN A 4FT (HORIZONTAL) BUFFER BETWEEN THE SILT FENCE AND THE TOE OF THE WALL. WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828)687-7177 WGLA. CO M NC LICENSE P-1342 N.T.S. REFLECTION POINTE LEICESTER NORTH CAROLINA m o a ' o SEAL — p 023091 a — ?gsP LISACE EXHIBIT SHEET 3 OF 3 Figure 3.3 Job #: 19106 Date: 5-15-19 Scale: NTS Reflection Pointe+l- 16.5 ASC) k4 led. n project Boundary Zk' 41 v a t lop Al ^ �! - B� r�r a r � .�,� •r ter`• -�+ _ y _v l y F z NOrF Legend4 0 L 100 200 400 Project Boundary Feel Buncombe County, ' V ter Aerial Map North Carolina NCCGZA (2015) 32 Clayton Street Figure 4 Asheville, North Carolina 28801 v Pmjed Boundary iv rpt 11 CkC2 Ih EvD2 Legend = Projecil Boundary Soil CkC2 - Clifton Gay loam EvD2 - Evard-Cowee complex w L TaB -Tate loam Reflection Pointe 16.5 AC) T_ In- -. - � =__d" 2 % EvD2 TIBB J� CkC2 EvD2 X° Nif-'s Buncombe County, North Carolina fid MEE-- 100 20.' 400 aearimter USDA Soil Map Figure 5 JL Clayton OUVVE Lsheville, North Carolina 28801 Reflection Pointe (+1- 16.5 AC) a - 1tr\`\ � Potentially Jurisdictions] Water Legend r Project 13 lnJ�r}/ ,_ Wetland (AQ Stream (LF) OpenWater(An O Culvert i �.I W1 0.024 Sl 456 OWI 0.046 Stream W2 0.012 S2 367 W3 0.111 "— Linear Wetland .' W4 0.007 Wetland W5 0.047 -Open Water !J ��T''�-. - __r3� •� `046 1- Total 0.201 Total 823 Total 0. a _ 9 Project Boundary Contour(4ft)417 A + _ • IibIk ➢ I 1+ in 1 1 y 4 r At , T_ j { a e qP ._ Judedrllonel wetlands and watere Iderdiled on this map have been Wetted sdthin submeter accuracy utilizing a Trimble mapping .�_ • - .� r grads Global Poeitoning System (GPS) end Hie subsequent di rerent it correction or that data. GPS points may damonstrate - unconectebie enols due to topography, vegetative cover, and/or mudNpath signal error, y�. "—��� Note: The Illustrated wetland and atreem locations are approximate. These areas have been legged In the field; however, they ham not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) Is confident In our assessment, the UB Amy Corps of Engkwen (Corps) is the only agency that can make Anal decisions regard ig jurisdictionalwetland and eaten of the US delineations, Therefore, all pmhrrdnwy determinations are subject to change until written verification is obtained. CEC strongly recommends thatierilten verification be obtained kom the Carps prior to closing on the property, beginning any site work. _ or melting any legal reliance on 11his determination. This map was prepared by CEC using the beat information available to CEC at the time of production, This map Is far / 1. informational purpoees only and should not he used to determine precise boundaries, roadways, property boundary lines. nor - -d+ legal descriptions. This map shall not be wnah and to be an oificiarsurvey of any data depicted. - 9 a ,coo 200 >>ao Source Date: Project Boundary - Buncombe County CIS Topo - Buncombe County _ ,Feet Fly � *- i '•-r C�fflrMter Stream &Wetland Buncombe County, Delineation Map North Carolina 32 Clayton Street Delineated March 7, 2019 Asheville, North Carolina 28801 Figure 6 Reflection Pointe (+/- 16.5 AC) Projt Boundary n Legend I Project Boundary pz7ll'7�] 100 -YR Floodplain -VWft-6W'wiq: CEr, pfcg "--I Buncombe County, North Carolina 4 ", 7-�A -- 7 pr I00 -YR Floodplain 5 0 N 100 200 400 I Feet Gear Ater FEMA Floodplain Map FEMA Map Service Center Map No. 37009619007 32 Clayton Street Panel 9619 ,sheville- North Carolina 28801 Fimire 7 Attachment A PCN Continued Section B. Project Information and Prior Project History, Project Description, 3e.: The project includes the construction of nine apartment buildings, parking areas, a central road network, utility line (wastewater) installation, and two entrances/access roads located off New Leicester Highway. Impacts to streams and wetlands on-site are only associated with the second entrance/access road. Permanent impacts to wetlands from road and associated retaining wall construction total approximately 0.069 acre. Approximately 92 linear feet of permanent stream impact and 30 linear feet of temporary stream impact is proposed for culvert installation. There are no proposed impacts from utility installation, which would be placed within the entrance drives in order to avoid additional impacts. Typical earth -moving and construction equipment would be utilized. All construction equipment would be operated from high ground. Approved erosion control measures and best management practices would be used on-site as well. The proposed culvert would include an appropriate aquatic passage and would be installed in the dry via a pump around system/apparatus. A site layout plan, proposed wetland fill, culvert cross-section, and pump around system detail are provided on Figure 3.0 -Figure 3.3. Section D. Impact Justification and Mitigation, Avoidance and Minimization, la: The North Carolina Fire Code (Appendix D) requires two entrances for apartment complexes that include 200 or more multi -family residential units. Proposed impacts are only associated with the second access road crossing. Permanent impacts to approximately 66% of wetlands and 89% of stream channel will be avoided on-site. Section D. Impact Justification and Mitigation, Avoidance and Minimization, 1b: All construction equipment would be operated from high ground. Approved sediment and erosion control measures and best management practices would be used on-site. Culvert installation will occur in the dry via a pump around system (Figure 3.2). Typical earth -moving and construction equipment would be utilized for the project. Section F. Supplementary Information, Endangered Species and Designated Critical Habitat (Corps Requirement), 5d.: CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Buncombe County. The project is not located near any known occurrences of hibernacuia or maternity sites. It is the opinion of CEC that the project would have "no effect" on the Northern long-eared bat. Wetlands on-site are primarily dominated by forested and disturbed vegetation. Dominant species include river birch (Betula nigra), red maple (Acer rubrum), black cherry (Prunus serotina), Chinese privet (Ligustrum sinense), watercress (Nasturtium officiniale), and rice cutgrass (Leersia oryzoides). CEC did not observe any threatened or endangered species during the delineation/survey of the wetlands on-site, include Blue Ridge goldenrod (Solidago spithomaea), bunched arrowhead (Sagittaria fasciculata), mountain sweet pitcher plant (Sarracenia rubra ssp. Jonesii), spreading avens (Geum radiatum), or Virginia spraea (Spiraea virginiana). Section F. Supplementary Information, Historic or Prehistoric Cultural Resources (Corps Requirement), 7b.: National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service. The Buncombe County Boys Training School 1 (BN0284) and the Eliada Home (BN0899) are located within a 2 -mile radius of the project site. The Smokehouse (z-8245DOE) is located approximately 1.4 miles from the project site and has been Determined Eligible. Development activities will be contained to the 16.5 -acre parcel and it is the opinion of CEC that project construction will not negatively affect the integrity of these historic sites. 2 Attachment B Preliminary Jurisdictional Determination SAW -2019-00501 Issued April 26, 2019 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2019-00501 County: Buncombe U.S.G.S. Quad: NC- Enka NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Southwood Realty Comuanv William Ratchford Address: 165 S. York Street Gastonia, NC 28052 Telephone Number: 704-915-2650 E-mail: william.ratchford southwoodreal .com Size (acres) 16.5 acres Nearest Town Asheville Nearest Waterway Lee Creek River Basin French Broad -Holston USGS HUC 06010105 Coordinates Latitude: 35.611641 Longitude: -82.645407 Location description: The site is located at 828 New Leicester Highway. in Asheville NC. Indicate Which of the Followin Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 31712019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly 2019-00501 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or amanda.iones( }a usace.armv.mil. C. Basis For Determination: Basis For Determination: See the nreliminary iurisdictional determination form dated 4/26/2019 and the attached Figure 5 Stream/Wetland Delineation May for location of iurisdictional features. D. Remarks: Note that S2 as shown on Figure 5 goes on/off property. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** sned by FUEMMELER.AMAND °UE,MELERAI ANDAJONE5.1242935 Corps Regulatory Official: AJONE5.1242835090 0'0 201904.261 826 -MW Date of JD: 4/26/2019 Expiration Date of JD: Not applicable 2019-00501 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f'?p=136:4:0 Copy furnished (via email): Agent: Clearwater Environmental Consultants, Inc. Britten Yant E-mail: britten cwenv.com