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HomeMy WebLinkAbout20190189 Ver 2_NWP3 App Signed_20190730Office Use Only: Corps action 1D no. DWQ project no. 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: ❑ Section 404 PermitXQ Section 10 Permit 1 b. Specify Nationwide Permit (N WP) number. 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular Q 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? Forth e record only for DWQ 401 Certification: ❑ Yes XL 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 Q No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑X No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ YesX❑ No 2. Project Information 2a. Name of project: Lance Road Subdivision 2b. County: Buncombe 2c. Nearest municipality 1 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 3g. Fax no.: 3h. Email address: mlovoy@aceasheville.com (Agent) 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.: 5g. 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): Latitude: 35.456289 Longitude: -82.568463 1c. Prop" 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: Currently the project area includes an existing triple culvert concrete bride crossing through Avery Creek that is below the 100 -yr BFE. The crossing serves a large residential area with multiple property owners off Lance Road. The entry road to the crossing is paved with a gravel road on the opposite side. The surrounding parcels in the area are currently residential homes and farmland with wooded areas and meadows. 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: Please see Attachment A enclosed in this submittal. 3e. Describe the overall project in detail, including the type of equipment to be used: Please see Attachment A enclosed in this submittal. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property 1 project(including all priorphases) in thepast? ❑ Yes ❑ No ❑X 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: Quible & 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 this project (including all prior phases) in the past? M Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6, Future Project Plans 6a. Is this a phased project? Q Yes ❑ 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): ❑ 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. Wetland 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 Choose one Choose one YeslNo - W2 Choose one Choose one YeslNo W3 Choose one Choose one YeslNo W4 Choose one Choose one YeslNo W5 Choose one Choose one YeslNo W6 Choose one Choose one YeslNo 2g. Total Wetland Impacts: 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) 31 P New Bridge Avery Creek PER Corps 50 22 S2 T Excavation Avery Creek PER Corps 50 24 S3 - Choose one - S4 - Choose one - S5 - Choose one - - S6 - Choose one - 3h. Total stream and tributary impacts 46 3i. Comments: ThE temporary excavation impact is to account for both the installation of the new bridge and removal of the existing bridge. This includes a working area buffer. 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 Sc. 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 pend 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 miti ation, 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) BI Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 YeslNo 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Please see Attachment A enclosed in this submittal. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Please see Attachment A enclosed in this submittal. 2. Com ensato 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 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 projects ❑ 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. Page 6 of 10 PCN Form -- Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by ©WQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes OX No fib. 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 (requires! by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. [J Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 31 2b. Does this project require a Stormwater Management Plan? 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: 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 0 Phase 11 3b. Which of the following locally -implemented stormwater management programs D NSW ❑ 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 DHOW 4a. Which of the following state -implemented stormwater management programs apply nORW (check all that apply): ❑Session Law 2005-246 ❑ 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 [l 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 (federallstate/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 El 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 leiter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. 1s 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 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? El Yes 0 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 ❑YesXQ 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 NWP 3 will improve access to existing neighborhood and allow access to the proposed 92 lot subdivision that is proposed off of Lance Road. 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 proposed project, or available capacity of the subject facility. Wastewa er rom the project will be collected in a public sewer extension to be owned and operated by the Metropolitan Sewerage District 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 ❑ Yes Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ElYes 0 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 ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NC DENR Mapping 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? The NC Historic Preservation Office website 8. Flood Zone Designation (Corps Requirement) -F- 8a. Will this project occur in a FEMA -designated 100 -year floodplain? X❑ Yes ❑ 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. 8c. What source(s) did you use to make the floodplain determination? Flood Risk Information System website. ` 3 -1r -I9 Applicant/Agent's Printed Name Date 1 v Applican l nfs SigAature (Agent's signat is valid only J an authorization letter fro e a isprovided.) Page 10 of 10 Attachement A Pre-Constrcution Notification (PCN ) Form B. Project Information and Prior Project History 3d. Explain the purpose of the project: To construct a new bridge in accordance with NCDOT and Buncombe County standards and specifications that will serve a proposed 92 lot residential subdivision and the surrounding neighbor properties. The new bridge deck will be designed above the 100 -yr BFE in order to allow vehicular ingress/egress during large storm events. This will create a safer situation for the surrounding neighbors and the proposed future property owners of the new subdivision during times of substantial flooding in the surrounding area. 3e. Describe the overall project in detail, including the type of equipment to be used: The new bridge construction will include constructing 2 bridge abutments on each side of the creek. The abutment foundations will be constructed outside the high-water mark of the creels in order to minimize disturbance inside the creek. There will be 2 thirty (30) foot spans that will reach from the exterior bridge abutments to a series of 3 center concrete columns on a single concrete foundation that will be constructed in the center of the creek. The foundations for the abutments and the center columns will sit on top of multiple micro piles that will be drilled into bedrock. A DTH hammer will be used to drive the micro piles into the bedrock. The hammer will be on a track mounted excavator that will be positioned outside the creek bank to minimize disturbance in the creek. The center column foundation will be reinforced concrete and will be cast in place. Hand labor will be used during construction of the center foundation forms to minimize creek bed disturbance. Concrete trucks and hose, track hoe, and crane will all be used during construction and will be used outside the creek banks at all times posisble. Bypass pumping will be used to dry the creek bed in the area of construction using impervious dikes and a dewatering device. The impervious dike will be placed up stream of the existing culverted crossing abd one dowstream of the new bridge if needed. The dikes will be constructed inside the creek banks using hand labor inside the creek and a track hoe outside the creek. The stream banks on the upstream will be stabilized using biodegradable turf reinforcement mat (TRM), rip -rap, and native vegetation. The existing culverted crossing will be removed from the creek after the new bridge is completed and approved for use. The existing crossing will be removed using a track hoe from outside the creek banks where possible, and hand labor will be used for anything needed inside the creek banks. Conventional construction equipment will be used during the entire project, including but not limited to a track mounted excavator, dump truck, concrete truck, crane, and assorted hand tools. The contractor will be required to use only well maintained and functioning equipment, and perform daily checks for leaks of any fluids. An emergency spill plan will also be used. Attachement A Pre-Constrcution Notification (PCN ) Form D. Impact Justification and Mitigation 1a. Avoidance and Minimization There is no way to avoid the proposed impact because the crossing is required to reach the subject property. Per Buncombe County standards they require a crossing above the base flood elevation. The new bridge design accomplishes this and minimizes the impact by spanning the creek, unlike the existing crossing that will be removed. During design it was determined that a full span is not feasible, therefore we are proposing the center column to have the smallest foundation footprint feasible to support the bridge span. The only permanent impact to Avery Creek will be the ±80 SF due to the aforementioned center column. Construction phase best management practices will be used to help minimize the short-term impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The use of a mini excavator will be used outside the creek banks where possible to minimize the impact. A larger excavator will be needed in order to install larger segments of the proposed bridge and to remove the existing bridge that spans Avery Creek once the construction of the new bridge is complete. The larger excavator will be used strategically and carefully in order to minimize the disturbance in and near Avery Creek by working from outside the top of bank where possible. A crane will be used outside creek banks to set steel for spans on the bridge. Hand labor will be utilized for the center column foundation construction where possible. Avoiding the removal of natural vegitation where possible in and around the unimpacted area of Avery creek, and minimizing the creation of bare soils in and around the area of Avery Creek will minimize the impacts. The contractor will be required to use only well maintained and functioning equipment and preform daily checks for leaks of any fluids. An emergency spill plan will also be used.