20191222 Ver 1_401 Application_20190913

Transmittal Letter
Date: September 10, 2019
Project Name: Sunset Park
ACE Project: 18111
To: NC Division of Water Quality,WBSCP Unit
34 Big Bear Trail
Asheville NC 28805
Phone: [phone]
www.aeeas#0il'- com
2 0 1 9 1 2 2 2
1617 Mail Service Center, Raleigh, North Carolina 27699-1650 A�MVEIVXWU R
Attn-. Karen Hi ens SEF 13 Z019
cc:
Wter Resources
Pon-oft.Ing Section
Via Mail Overnight Hand Delivered X Pickup @ACE Office
------Copies--------------Date------------------------------------------------ Description -----------------------------------------
5 09/10/19 PNC Form
--------------------------------------------- --- -- -------- ------------------------------------------ -----------------------------
5 09/10/19 Agent Authorization Form
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5 09/10/19 11 x17 Reduced Size Plan Sets
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1 09/10/19 Check for $240.00
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---------------------- ------------------ [
REMARKS:
- By: - -Kathleen - Periland- - -------------------------------

ot VIAT�9�G
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑X Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes NX 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.
N Yes ❑X 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)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Sunset Park
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Asheville
2d.
Subdivision name:
Sunset Park
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
AVL Associates, LLC
3b.
Deed Book and Page No.
4873/1023
3c.
Responsible Party (for LLC if
applicable):
AVL Associates, LLC
3d.
Street address:
12 Sunset Drive
3e.
City, state, zip:
Asheville, NC 28801
3f.
Telephone no.:
828-333-3448
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ 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:
S. Agent(Consultant Information (if applicable)
5a. Name:
Mike Lovoy, PE
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:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9649-73-3746
1 b. Site coordinates (in decimal degrees):
Latitude: 35.605642 Longitude: -82.541569
1c. Property size:
2.7 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Reed Creek Tributary
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
French Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The existing lot is a town -home development with completed build out of infrastructure and homes surrounded by a developed residential community.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 85
d. ExIain th urpose of the ropgsed rojecx:
e pume o Mils project Is t8rep ace a original design -build of an open throat inlet with a corps approved storm
structure at a location on the property where a stream has developed.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project proposes replace an open throat inlet with a frame and grate and extend 20 LF of storm pipe ending with a Flared end section into a stream that has
developed on-site since the original development was permitted and built. A small excavator and coffer dam with pump will be used during construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in thepast?
❑ Yes Q No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
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?
59 Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands Q 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
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
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
Flared End Section
Reed Creek Tributary
PER
Corps
3
22
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
22
3i. Comments:
The project proposes replace an open throat inlet with a frame and grate and extend 20 LF of storm pipe ending with a flared end section into a stream
that has developed on-site since the original development was permitted and built. A small excavator and coffer dam with pump will be used during
construction.
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
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d. 5e.
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
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed impacts are designed to mitigate a stream which has developed since the development was designed and built. Impacts will be limited
to installing a corps -approved structure to replace the existing open throat inlet.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction will be done in a timely manner and follow all erosion control measures required to minimize and avoid impacts where possible.
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 Q No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In4leu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes Q No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
16%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The culvert extension will be included under the previous Stromwater Management Plan for the development.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
Mike Anderson, PE 828-582-8970
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
City of Asheville
❑ Phase II
❑ NSW
3b. Which of the following locally-implemented stormwater management programs
USMP
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
[]Yes © No
attached?
4. DWQ Stormwater Program Review
[]Coastal counties
❑HQW
4a. Which of the following state-implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes © No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
Q 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)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑X No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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
❑ Yes
❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
E] Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes
Q 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.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
theproposed project, or available capacity of the subject facility.
by Metropolitan Sewerage District
Wastewater from the protect 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
❑ Yes ❑X 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 ❑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
B. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Flood Risk Information System website.
Mike Anderson, PE
112
(((
Applicant/Agent's Printed Name
App ant/Agent's Si nature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Department of the Army
Wilmington District, Corps of Engineers
Atm: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, 401 and Buffer Permitting Unit
Atm: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby authorize
Advantage Civil Engineering, PA 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. Mike LoVW, 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: AVL Associates LLC
Property Owner Address:
92 Middlemont Ave
Asheville, NC 28806
Phone Number: 828-333-3448
Email address: [e-mail]
Property Location: 12 SunselDr. Asheville, NC
Owner/Managing partner Signature:
K� �Ctf
Owner/Managing printed name: C r;,5 -� P ke-dr Cf'--� o -'J
Dater - g V- 2 c � �

EXISTING OPEN THROAT
INLET TO BE REPLACED
WITH FRAME & GRATE /
EXISTING 18" HDPE
STORM PIPE (TYP)
OPEN THROA NLET
TOP: 23 .53'
232
.,WRENCE AI's'
EXISTING PROPERTY LINE (TYP) -- - -
i
2'x3' YARD INLET i
TOP: 2319.23' . -
i
T ) A
H 08
T P: 2317.5dy
INV. O 2311.50'
IN .OUT: 2311.70-
OUTFALL
311.70'OUTFALL/
i_ INV.: 2308.49'
CURB INLET
TOP: 2298.60'
INj-22 !� /
SVIH 07
TOP: 2299.56 -- /
INV.IN�22t32.14'
15�YO: 2291.94'
CURB INLET // �\ S H 06
_ - _SOL: 2285.09' � \ ''' TOP: 296.73'
INV.: 228i:1J9' -�-- \ _INV. 0 :22 93'
PREPARED FOR: APPROXfIVIATE.J`OCATION OF \ I 11 INV. Ory; :228 .93'
STORMTECH CHAMBERS �l �� \(n
AVL ASSOCIATES, LLC
92 MIDDLEMONT AVE
ASHEVILLE, NC 28806
CHRISTOPHER C. CARSON
GRAPHIC SCALE
40 0 20 40 80
( IN FEET )
1 inch = 40 ft.
STORM AMENDMENT BULLETIN FOR:
�SUNSET PARK STREAM
DATE: AUGUST 12, 2019
NOTE:
CONTRACTOR TO FOLLOW ALL
USACE PERMIT REQUIREMENTS
APPROXIMATE LOCATION
OF EXISTING STREAM
PROPOSED FES INVERT TO BE RECESSED
6" BELOW STREAM BED OR 20% OF
PIPE DIAMETER, WHICHEVER IS GREATER
INV: 2330.31'
PROPOSED 20LF EXTENSION OF
18" HDPE STORM PIPE ® 40%
EXISTING EDGE OF PAVEMENT (TYP)
EXISTING BUILDING (TYP)
NORTH CAROLINA FIRM NUMBER C-2849
kc ITh
Know whar:below. MICHAEL LOVOV, P.E.
callnerororo ala 34 BIG BEAR TRAIL
ASHEVILLE, NC 28805
(828)