20221272 Ver 1_USACE Correspondence_20220408

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW-2022-00856 County: Henderson
NOTIFICATION OF UNAUTHORIZED ACTIVITY
Property Owner: Skylaranna Hotel and Resort / Highway, LLC, Attn.: Kevin High
Address: 2075 N. Rugby Road
Hendersonville, North Carolina 28791-9064
Phone Number: 828-919-7777
Email: [e-mail]
Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is a tract of
land on three adjoining parcels (PINs 9551-07-2408, 9651-18-2116, and 9651-18-3533) at 2075 N Rugby
Road in Hendersonville, Henderson County, North Carolina. The coordinates are 35.39682, -82.52084.
The site contains Mud Creek, unnamed tributaries (UTs) of Mud Creek, the French Broad River, and UTs
of the French Broad River which exhibit physical indicators of ordinary high water mark (OHWM). Also,
there are wetlands which abut these streams. These streams and wetlands are potential Department of
Army jurisdictional feature under Section 404 of the Clean Water Act.
Description of Unauthorized Activity: During recent clearing and grading activities fill has been placed
in wetlands in the northeast portion of the property.
Indicate Which of the Following Apply:
X Unauthorized Activity
Noncompliance with Permit
River and Harbor Act, Section 10 (33 USC 403)
X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of
federal law as specified above. You have agreed to do no further work in waters or wetlands without the
required Department of the Army Permit. Any further unauthorized work in waters or wetlands will be
considered an intentional violation of federal law. If you do no further work in waters and wetlands, and
perform the remedial action requested below, the Corps of Engineers will take no further action in this
matter. If you continue to work in waters and wetlands without the required authorization, and/or fail to
perform the requested remedial action, the Corps will take further administrative action, and may request
the U.S. Attorney to file suit against you. If you need further information about the Corps of Engineers
regulatory program, please contact David Brown at telephone number 828-271-7980 ext 4232.
Remedial Action Requested: You are directed to contact this office by April 22, 2022. The purpose of
this contact is to discuss measures to be taken in the effort to resolve the unauthorized fill impacts and to
determine your plan to meet the remedial action of this notification. Matters to discuss include:
1. Obtain an after -the -fact permit for the unauthorized impacts from the Corps and the N.C. Department
of Environmental Quality -Division of Water Resources (DWR). A complete permit application is to
be submitted to the Corps and DWR by June 10, 2022, for review and approval by the agencies.
Do note, activities conducted in areas outside of the Department of Army's jurisdiction and the
unauthorized activities conducted within waters of the U.S. (WoUS) at the property does not imply

that the Corps will necessarily approve the impacts to WoUS noted in this document or any future
proposal to impact WoUS on this property.
OR
Develop a corrective action plan addressing the unauthorized activities. This plan, at a minimum, shall
contain:
a. Detailed narrative describing the unauthorized activities and the resulting impacts to
jurisdictional streams and wetlands.
b. Measures to be taken in order restore the stream bed, banks, and adjoining wetlands, including
a planting plan.
c. Photos documenting impacts to streams and wetlands.
d. Schedule for implementation of the corrective action plan.
e. Submittal of weekly status reports during performance of corrective actions.
£ Reporting of corrective action results.
This plan is to be submitted to the Corps and DWR by June 10, 2022, for review and approval by
the agencies prior to undertaking the actions outlined in the plan.
2. By May 13, 2022, submit documents to the Corps determining and verifying the location, size and
amount of unauthorized impacts to WoUS at the property. Also, provide written documentation
explaining why these impacts occurred without prior authorization.
3. To avoid further unauthorized impacts to the aquatic resources within the property submit a request
for a preliminary jurisdictional determination of the property by June 10, 2022.
No additional work in waters of the U.S. shall occur without prior notification to this office and other
applicable state or local agencies.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Asheville Regulatory Field Office.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Property Owner / Responsible Party Signature:
Regulatory Project Manager Signature:
David Brown
Copy (by email):
NCDEQ-DWR, Andrew Moore, [e-mail]
Henderson County, Toby Linville, [e-mail]
Date: April 8, 2022