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HomeMy WebLinkAbout20190189 Ver 1_NWP 29 Signed PCN APP_20190730WAT�pq P Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit 0 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? 0 Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regularx❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes N No For the record only for Corps Permit: ❑ Yes 0 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 0 No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes 0 No 1h. Is the project located within a NC DOM Area of Environmental Concern (AEC)? ❑ Yes 0 No 2. Project Information 2a. Name of project: Lance Road Subdivision 2b. County: Buncombe 2c. Nearest municipality / town: Asheville 2d. Subdivision name: Lance Road Subdivision 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Lance Road Holdings, LLC 3b. Deed Book and Page No. 5628/285 3c. Responsible Party (for LLC if applicable): Viktor Matuiychuk 3d. Street address: 10 Woodberry Lane 3e. City, state, zip: Asheville, NC 28806 3f. Telephone no.: (864)357-6780 39. Fax no.: 3h. Email address: urchosen53@yahoo.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ 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: Michael D. Lovoy 5b. Business name (if applicable): Advantage Civil Engineering, PA 5c. Street address: 34 Big Bear Trail 5d. City, state, zip- Asheville, North Carolina 28805 5e. Telephone no.: 828-545-5393 5f. Fax no.: 59. Email address: mlovoy@aceasheville.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9633-98-0985 1b. Site coordinates (in decimal degrees): ILatitude: 35.458289 Longitude: -82.568463 1 c. Property size: 29.79 acres 2. Surface Waters 2a_ Name of nearest body of water to proposed project: Avery Creek 2b. Water Quality Classification of nearest receiving water: B 2c. River basin- French Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Parcel is currently underdeveloped with wooded areas and meadows, with soil road beds. 3b. List the total estimated acreage of all existing wetlands on the property: 0.58 3c, List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,773 3d. Explain the purpose of the proposed project: Property is to be developed for a 92 lot subdivision 3e. Describe the overall project in detail, including the type of equipment to be used: Remove and replace 50 LF of 18" CM with 30 LF of a4"x36" RCBC at" UT -1' _ Installation of 36 LF of 24" RCP and approximately 602 SF of permanent wetland impact_ at "UT -2"_ InstalEation of 10 LF of 15" Mi and Cul -De -Sac with approximately 2773 SF of permarient wetland impact_ Installation of 105 LF of 8" DIP sewer line resulting in 219 SF of temporary wetlands impact. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property I project (includingall prior phases)in the past? ❑ Yes ❑ No Z Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? 0 Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Joel Lenk P.G_ Agency/Consultant Company: Quibble & associates, P.C. Other. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑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? ❑X Yes ❑ No 6b. If yes, explain_ Project will be completed in four phases. 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 ® 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) TemporaryT W1 P Culvert Floodplain Pool Yes Corps 0.013 W2 T Excavation Floodplain Pool Yes Corps 0.405 W3 P 5tormTech & Cul -De -Sac Floodplain Pool Yes Corps 0.063 W4 Choose one Choose one Yes/No W5 - Choose one Choose one Yea/No - W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.081 2h. Comments: Temporary wetland impact is from installation of 8" DIP sewer line, as shown on PCN Exibit D. 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 T Replacement of Culvert Unnamed Tributary UT1 PER Corps 1 35 S2 P Culvert Unnamed Tributary UT1 PER Corps 1 32 S3 P Culvert Unnamed Tributary UT2 PER Corps 5 49 34 - Choose one S5 - Choose one S6 Choose one 3h. Total stream and tributary impacts 116 3i. Comments: The removal of the existing 50 LF of 18" CMP covert is split between the temporary stream impact to UTI and the Permanent culvert impact to UTI, Upon completion 35 LF will be a temporarily impacted with the installation of a trapezoidal channel. The Remaining 32 LF will be impacted permanently with the installation of a 84"46" RCBC. Page 4 of 10 PCN Form — Version 1.4 January 2009 I - ! 4. Open Water Impacts I 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. 14a. Open water impact number Permanent (P) or Temporary 4b. blame 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, then 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 Pi 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 - YeONo B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 8h_ Total BufiFer lmpactfi- 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. Proposed impacts are designed to repair and replace existing storm infrastructure and reconcile existing stream bank erosion. 1b- Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The impact to UT -1 consists of removal of an existing 18" CMP culvert in order to fit with the alignment of the existing road. A 84"x36" RCBC is proposed to replace the ex#sting 18" culvert_ The existing culvert will be removed with appropriate erosion cotrol devices and the outfall of the RCBC is approximatley 30 LF futher from the Avery Creek Stream Bank. The net result is a reduction in the length of piped stream. The proposed crossing of UT -2 Consists of approximatley 49 LF of pennanert stream impact. The impact consists of a 24" ROP culvert, two segmental block retaining walls at each end of the w€vert to minimized impacts, and silt fence for erosion control. 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 aff 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 Pro ram 42. 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 49. 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 E of 10 PCN Form —Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Suffer Rules) — required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes No I 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. iotas buffer mitigation required: 69. 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: Rage 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes [] No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes [j No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 31% 2b. Does this proje&L require a Stormwater Mannagement flan? 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 Pian, then provide a brief, narrative description of the plan: Local (Buncombe County) regulations require a stormwater management plan. Water Quality and Detention of the storm water runoff will be provided through Bioretention and StormTech systems. 2e. Who will be responsible for the review of the Stormwater Management Plan? Buncombe County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Buncombe County 19 Phase Il 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes .55 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 Lava 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 1€1 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) Ia. Does the project involve an expenditure of public (federallstatellocal) funds or the ❑ yes Q No use of public (federal/state) land? 1b, 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) Za. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500). Isolated Wetland Rules (15A NCAC 2H.1 300), DWQ Surface Water or Wetland Standards, ❑ Yes © No or Riparian Buffer Rules (I 5A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑Yes © No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s).- iolation(s):3. 3.Cumulative Impacts (DWQ Requirement) 3a.. Will this project (based on past and reasonably anticipated future impacts) result in []Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project will allow the proposed 92 -lot residential development. This project will not result in any additional development in the surrounding area. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the pra osed project, or available capacity of the subject facility. by Metropolitan Sewerage District Wastewater from the prolect will be collected in a public sewer extension to.be owned and operated the of Buncombe County. 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 ❑ YesX❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted_ - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish & Wildlife Online Mapping 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes No 8b. Whatdata sources did you use to determine whether your sitewould impact Essential Fish Habitat? NC DENR Mapping 7. Historic or Prehistoric Cultural Resources (Corks 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 L] Yes Q 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? The IVC Historic Preservation Office website 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Yes nXX No 8b, if yes, explain how project meets FEMA requirements: Floodplain permits will be applied for through local floodplain manager, in this case Buncombe County. Sc. What source(s) did you use to make the floodplain determination? Flood Risk Information System website. A4 �tfo zz -�Y A liicantJ ent's t�rinted Name R� Date nature Apefic�val'dcan'tyls'f (Agent's signatn authorizationletter froprovided.) Page 10 of 10 Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, 401 and Buffer Permitting 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 Michael Lavoy. PE 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. Michael LOVOY, PE 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. One property owner of record must accompany any said representative when the onsite investigation is conducted. Property Owner of Record: Lance Road Holdings, LLC Pronertv Owner Address: Phone Number: (864)357-6780 Email address: ufchoSen53(z,.Dyahoo -com (�A9u J {-tr, , XX _ 28� 1S Property Location: Lance Road, Buncombe County, NC Owner/Managing partner Signature: t ! - Lf/ Owner/Managing printed name: Date: y;�/o,1- M w4 -u I yckt&w, tL —v6 —zo IB