HomeMy WebLinkAbout20010655 Ver 1_COMPLETE FILE_20010427W AT ?qpG
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low
Michael F, Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 12, 2001
DW Q# 01-0655
Buncombe County
Brumit & Brumit Enterprises, Inc.
C/o Edward L. McCammon
P.O. Box 15726
Asheville, NC, 28813
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. McCammon:
You have our approval, in accordance with the attached conditions, to place fill in 70 linear feet of Gashes Creek in order to
construct a driveway crossing accessing an Arby's Restaurant on US 74 (189 Charlotte Highway) in Buncombe County, as described in
your application received by the Division of Water Quality on April 27, 2001. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Number 3289, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S.
Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval
will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
For this approval to be valid, you must follow the conditions listed in the attached certification. as well as the additional condition listed
below:
1. This project will provide for parallel culverts. One culvert should be installed with an 8-inch buried invert to allow for
accumulation of streambed sediment. The second culvert should be installed at an elevation above the streambed to
provide for storm water flows.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Cyndi Karoly at 919-733-9721 or Mike Parker in DWQ's Asheville Regional Office at 828-251-6208.
Sincerely,
Kerr T. Stevens
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Edward L. McCammon, P.O. Box 15726, Asheville, NC, 28813
John S. Fisher, 351 Merrimon Ave.j, Asheville, NC, 28801
010655
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
nIIt 7O0 -00 1. t--% nIn 700 Con1 /f....\ L. M...lll-n.. ....-N.. ?........../-..,.H.....J.-/
MEMORANDUM
TO: John Dorney Regional Contact: Max Haner _
Non-Discharge Branch WO Supervisor: Earrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Arbv's c% Brumit & Brumit Enterprises
Project Number 01 0655
Recvd From APP
Received Date 4/27/01 Recvd By Region
Project Type culverts
County Buncombe
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prlm. Supp. Basin Req. Req.
F14 Stream PT O N F- 6-78-21 F _c TR 40,302. I - 70.00 F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? *Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? O Y pO N Recommendation: 0 Issue O Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 35 3312
Longitude (ddmmss) 82 28 51
Comments:
The proposed eject will allow driveway access to for a commercial business along the newly
reconstructed US Hwy 74. Parallel elliptical 8'6" x 6'6" culverts will be installed in dashes Creek for
a distance of 70 feet. The project will provide for parallel culverts. One culvert should be installed
with an 8-inch buried invert to allow for accumulation of streambed sediment. The second culvert
should be installed at an elevation above the streambed to provide for storm water flows. As long as
construction is in accordance with terms and conditions of the general certification, water duality
* mpacts will be minimal,
cc: Regional Off ice
Central Office Page Number 1
Facility Name Arby's c/o Brumit & Brumit Enterprises County Buncombe
Project Number 01 0655 Regional Contact: Max Haner
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no
practical altemative exists. BUA must be minimized, stormwater diverted, and DOT BMP
document followed.
010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA.
The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design
shows no structural benefit to the applicant and impacts to troutwaters.
Proiects Reviewed, No Comments, Not in WS:
010570 - Town of Winfall, Perquimans Co.
010501 - Winston Salem, Forsyth Co.
010503 - DOT, Yancey Co.
010506 - M/I Schottenstein Homes, Orange Co.
010540 - AG Industries, Rutherford CO.
010576 - Wetland and Natural Resource Consultants, Catawba Co.
010551 - NRCS, Halifax CO.
John & Cyndi:
Some of these might have already gone through, but here are my comments:
Projects with Comments:
010235 (DOT, Alexander Co.) -the project is in WS-II. DOT must follow their document "BMPs for
the Protection of Surface Waters"
000894 (DOT, Lincoln Co.) -the project is in WS-II. DOT must follow their document "BMPs for the
Protection of Surface Waters"
?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the
project is in WS-III. If this road is a private road, then it will need to go through the variance
process with Jackson Co. Planning Dept If it is a public road, road crossings are allowed if no
practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface
waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010471 (Jackie Speight, Moore Co.) - the project is within WS-II HQW. The Foxfire Village
Planning Dept must review for variance process if it's a private rd.
010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake
Benson balance of watershed. If this road is a private road, then it will need to go through the
variance process with the Gamer Planning Dept If it is a public road, road crossings are allowed if
no practical altemative exists. Plus BUA must be minimized, stormwater diverted away from
surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert
stormwater away from surface waters, and follow their document "BMPs for the Protection of
Surface Waters."
010474 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it
will need to go through the variance process with the Youngsville Planning Dept. If it is a public
road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized,
stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the
Protection of Surface Waters."
010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a
sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local
WSWP program may be more protective. Consult with Durham Planning Dept.
010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or
Greenville Planning Dept
010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't
need a sedimentation and erosion control plan, then state WSWP rules do not apply; however, the
local WSWP program may be more protective. Consult with Durham Planning Dept. If applies,
the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs
used.
010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with local Planning
Dept. Also, do Catawba Temp Rules apply?
010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a
public project crossing is allowed if no practical altemative exists. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr
and maybe even WS-IV.
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010055
THIS PACKET OF
IS PROVIDED TO
IN COMPLETING
INFORMATION
ASSIST YOU
THE PRE-
(PCN) FORM THAT IS REQUIRED
BY THE U.S. ARMY CORPS OF
ENGINEERS AND THE NORTH
CAROLINA DIVISION OF
ENVIRONMENTAL MANAGEMENT
WHEN"APPLYING FOR CERTAIN
NATIONWIDE PERMITS
AUTHORIZED-BY THE U.S.
ARMY CORPS OF ENGINEERS
t
k' i ?µ' a1 1
MAPS AND PLANS
Maps and/or plans may be submitted in the following forms:
? r? y1
S
Paper form: no larger than 11 X 17 (8 V 2X 11 for individual permit applications)
Disk/CD form: the following formats are accepted (CADD formats - DGN; D)CF;
DWG; CGM)
"Location Map must show latitude and longitude.
010655
DEM ID:
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : S AW4 ii C ?lr
2. MAILING ADDRESS:--?,n, I S 7M L
SUBDIVISION NAME: .t/IA
CITY: /71 'dY STATE: _ ZIP CODE: _81513
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE) :
AS AooL td&
A_Skpujllp, A91 2B6d->'
3 . TELEPHONE NUMBER ,R-2 ?., Sg 3 S" ?? $ •Z7?/??` ?
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER :
Po - ts '7z6
Le, /IV A?( ERR '? S 271 SB3 S r l7
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: ??? NEAREST TOWN OR CITY: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) L rvrrrc"bi'wT&-Z,4
6. IMPACTED OR NEAREST STREAM/RIVER:
RIVER BASIN:
40 -
'J oA
1
F, 10""
fla. IS PROJECT LOCATED NEAR WATER, CLASSIFIED;•AS;TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY, WATERS •(HQW), OUTSTANDING RESOURCE WATERS .(ORW)., WATER SUPPLY
i..._..y
(WS-I OR WS-II)? YES [ ] NO [Vill' IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: Al /A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE Off THIS PROPERTY?
YES [ ] NO [)<] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS-PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: I AL
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION: 14,
FLOODING:- OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH.?BEFORE AND AFTER RELOCATION): N -7-
CULVERT ZENGTH.- 76 FT LENGTH OF BANK STABILIZATION: a FT
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): . FT
WIDTH AFTER:. n FT
AVERAGE DEPTH BEFORE: r AFTER: FT
'
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF ADAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? N/k
WHAT IS THE EXPECTED POND SURFACE AREA?
00
tk.
N" A
12. DESCRIPTION OF"NiOPOSED'WORK INCLUDING-DISCUSSION OF TYPE OF'MECHANICAL'EQUIPMENT
TO BE USED (ATTACH PLANS:// 8 M X 11" DRAWINGS ONLY) :
q W'A
13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
15. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ ] NO [x] (IF NO, GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL-DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES .[ ] NO [ ]
IF ANSWER TO 1Sb'iS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO'DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIROONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
(919) 733-6369.
16. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE?DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
'rm
111110-111,11, figs.
d. ATTACH A.COPY OF THE STORMWATER MANAGEMENT•'PLAN IF REQUIRED..
,µ •^^ca'?J,?i'L?
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
49J? aEsr-?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DD POSAL?
g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (16G.))
1 hn t1 +.rr_+' ''rv 1
U.S.'Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28806
(828) 258-3939
v
Water Quality Planning
v
Division of Water Quality
NC Department of Environment, Health,
and Natural Resources
1621 Mail Service Center
Raleigh, NC 27699-1621
(919) 733-1786
U.S. Army ,Corps of Engineers v
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
(828) 271-4854
State Historic Preservation Office
NC Division of Archives & History
109 East Jones Street
Raleigh, North Carolina 27601 x
(919) 733-4763
*SEND ONE TO EACH
North Carolina Wildlife Resources Commission
Fisheries Biologists
Ron Linville
3855 Idlewild Road
Kemersville, NC 27284
(910) 366-2982
Counties
Alleghany
• Ashe -
Avery
Burke
Caldwell
Mitchell
Stokes
Surry
Watauga
Wilkes
Old Fish Hatchery
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
(828) 452-2546
(828) 452-7772 (fax)
Counties
Buncombe
Cherokee
Clay
Graham
Haywood
Henderson
Jackson
Macon
Madison
McDowell
Polk
Rutherford
Swain
Transylvania
Yancey
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01 0655
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FISHER TRANSMITTAL
John S. Fisher, AIA • Architect Project: Arby's Fairview
351 Merrimon Avenue // •
Asheville, NC 28801 Job No: Date: 4/10/qi ?j
(704) 253-8265 FAX (704) 253-8205
To: Water Quality Planning
Division of Water Quality
NCDEHNR
1621 Mail Service Center
Raleigh, NC 27699-1621
From:
VIA:
7
Copies -bate Na Dect "tibri
2 copies PCN
? For Approval ? For Your Use ? As Requested ? For Review & Comment
REMARKS:
Please review this application for the construction of a new Arby's restaurant. Please call with questions
Hand
010655
l2
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael Easley, Governor
William Ross, Jr, Secretary
Kerr T. Stevens, Director
•
A74
'NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Pete Booth
Fisher Architects
351 Merrimon Ave
Asheville, NC 28801
Dear Mr. Booth:
April 17, 2001
01 0655
On April 17, 2001, your application on behalf of Arby's for a 401 Water Quality
Certification for a project in Buncombe County was received by the N.C. Division of
Water Quality. Please note that beginning January 1, 1999, the N.C. General Assembly
passed legislation requiring payment of a fee for all 401 applications. Your application is
being returned since no payment was received with the package. The fee for applications
is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of
streams. For projects impacting one or more acres of wetland or 150 or more feet of
streams, the fee is $475. In order for DWQ to review and process your request, you must
send a check in the appropriate amount made payable to the N.C. Division of Water
Quality attached to your applications. Also, seven copies of all applications materials are
required for review whereas you sent only two. Also, a vicinity map (ie, topographic) is
needed for applying.
Please call Robert Ridings or Cyndi Karoly at 919-733-1786 or visit our web site
at http://h2o.enr. state. nc. us/ncwetlands if you have any questions.
Also, please take note at the footer of this letter of our new address.
S' ce el y, VI;
R. Dorney <: ;>
cc: Central Files
Wetlands/401 Unit 2321 Crabtree Blvd. # 250 Raleigh, North Carolina 27604
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50'7,, recyclccUlU°L, post consumer paper
John S. Fisher, AIA Architect
351 Merrimon Avenue
Asheville, NC 28801
(704) 253-8265 FAX (704) 253-8205
To: Water Quality Planning
Division of Water Quality
NCDEHNR
1621 Mail Service Center Q 1 0 6 5 5
Raleigh, NC 27699-1621
TRANSMITTAL
Project: Arby's Fairview
Job No: Date: 4/10/01
From: Pet .
P
VIA: Hand
Copies Date No. Description
2 copies PCN
2!?-? Gop?E-s of i??.-1
E50 'p " .h-t L IL Fd IZ-
Awl I- ZS" o - - ? ? V t 'c, i t,> S 1 Ti: A
AP
? For Approval ? For Your Use ? As Requested ? For Review & Comment
REMARKS:
Please review this application for the construction of a new Arby's restaurant. Please call with questions
Sin
17-
Pet?B