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HomeMy WebLinkAbout20041550 Ver 1_COMPLETE FILE_20040917WA7'?9Q? r U U-0? yr `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION October 20, 2004 Jeffery C. Justus Mountain Inn Suites, LLC 640 Crest Road Flat Rock, NC 28731 SUBJECT: Return Of Application Mountain Inn Suites, LLC Property Application Number: 04-1550 Project Status: On Hold Henderson County Dear Mr. Justus: The Asheville Regional Office sent an Addditional Information Request to your attention on September 23, 2004, asking that all of the requested information be submitted within 10 working days of issuance of said letter. As of today, no additional information has been submitted. The Division of Water Quality is hereby returning you application as incomplete in accordance with 15A NCAC 02H .0502 (c). Should you wish to proceed with this project, you must submit seven copies of a completed application which provides for all of the requested information in the application (and as specified in the additional information request) along with the appropriate processing fee to the address contained within the application form. k r=!f ';z, 0gk?5goyg 09 JUL 2 5 2006 i bO 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 F ($ 1169-'a OER QUALl,Customer Service 1-877-623-6748 AS AND SIORMyyq7?4 BRANCH Return Of Application Mountain Inn Suites, LLC Property Page 2. If you have any questions, you may contact me at kevin.barnett(a_ncmail.net or at 828.596.4657. Sincerely, Kevin H. Barnett, Environmental Chemist cc: Mr. Jon Laughter Laughter, Austin and Associates, P.A. 131 Fourth Avenue, East Hendersonville, NC 28792 Mr. Boyd L. Hyder Mountain Inn & Suites, LLC 755 Upward Road Flat Rock, N.C. 28731 Henderson County Building Inspections Office Henderson County Health Department Mr. Steve Chapin, US Army Corps of Engineers Mr. Roy Davis, Division of Water Quality M ?bEN, 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 OW AT ?9pG co r 7 ? O 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION October 20, 2004 Jeffery C. Justus Mountain Inn Suites, LLC 640 Crest Road Flat Rock, NC 28731 SUBJECT: Return Of Application Mountain Inn Suites, LLC Property Application Number: 04-1550 Project Status: On Hold Henderson County Dear Mr. Justus: The Asheville Regional Office sent an Addditional Information Request to your attention on September 23, 2004, asking that all of the requested information be submitted within 10 working days of issuance of said letter. As of today, no additional information has been submitted. The Division of Water Quality is hereby returning you application as incomplete in accordance with 15A NCAC 02H .0502 (c). Should you wish to proceed with this project, you must submit seven copies of a completed application which provides for all of the requested information in the application (and as specified in the additional information request) along with the appropriate processing fee to the address contained within the application form. NbENR 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 Return Of Application Mountain Inn'Suites, LLC Property Page 2. If you have any questions, you may contact me at kevin.barnett@ncmail.net or at 828.596.4657. Sincerely, Kevin H. Barnett, Environmental Chemist cc: Mr. Jon Laughter Laughter, Austin and Associates, P.A. 131 Fourth Avenue, East Hendersonville, NC 28792 Mr. Boyd L. Hyder Mountain Inn & Suites, LLC 755 Upward Road Flat Rock, N.C. 28731 Henderson County Building Inspections Office Henderson County Health Department Mr. Steve Chapin, US Army Corps of Engineers Mr. Roy Davis, Division of Water Quality ---*A N_GEr,,'R 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION September 23, 2004 Jeffery C. Justus Mountain Inn Suites, LLC 640 Crest Road Flat Rock, NC 28731 SUBJECT: Additional Information Request Mountain Inn Suites, LLC Property Application Number: 04-1550 Project Status: On Hold Henderson County Dear Mr. Justus: The Asheville Regional Office of the Division of Water Quality is in receipt of your Water Quality Certification application to fill 720 linear feet of Allen Branch as part of the Mountain Inn Suites, LLC Property project. In order for this office to complete it's review of the submitted application, the following must be addressed: Application Item I. 1. requests the type of approval for the referenced project. A Section 10 permit is not appropriate for this project. Please review the regulations and check the appropriate boxes. • Application Item I. 2. requests which appropriate permit type you are seeking. No answer was given. You must.determine the appropriate permit type and indicate said type in this area. • Application Item II. 1. requests the Owmer/Applicant Information. The registered agent for Mountain Inn & Suites, LLC (the owner of the property, as verified by the Henderson County GIS database) is a Mr. Boyd L. Hyder at 314 Hyder Street in Hendersonville. The Applicant information must to reflect the Owner of the project as registered with the N.C. Secretary of State. 4 PUMA 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 Additional Information Request Mountain Inn Suites, LLC Property September 23, 2004 Page 2. • Application Item II. 10. requests a narrative describing the project in detail. No such information is provided. You must provide a description of the project, and of all equipment and construction techniques, as they relate to the impacts (both direct and indirect) associated with this project. • Application Item VI. 3. requests a indicates 720 linear feet of stream impact. As this exceeds the 150 linear foot threshold for mitigation, a complete mitigation plan must be submitted which meets the criteria stated in http://h2o.enr.state.nc.us/ncwetlands/restore.html • Application Item VII. requests an Impact Justification including steps taken to Avoid and Minimize impacts. No justification was submitted. You must submit a complete justification, which includes all avoidance and minimization included within the planning for this project. • Application Item VIII. requests a description of the mitigation associated with these impacts. No mitigation was proposed as part of the application. You must submit a complete mitigation package which complies with the above referenced restoration guidance. • Application Item XI. requests a discussion on stormwater management in relation to this property. No discussion has been provided. Please note that this discussion is not just for construction stormwater management, but stormwater management for the life of the project. It is appropriate to discuss velocities, buffers, and non-discharge alternatives to manageing stormwater. • Application Item XI I. Requests a discussion as to how wastewater will be handled in regards to this project. No discussion has been provided. You must discuss how wastewater will be collected and handled by this project. This may also include what type of permits are necessary for this project in relation to wastewater management. An amended application must be submitted, addressing the above mentioned, missing information. You must submit all requested information within 10 business days of receipt of this letter. Failure to respond will result in your application being returned at incomplete. It should be noted that securing a Water Quality Certification will not remove any liabilities associated with any installation prior to receiving said certification. _ A 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 Additional Information Request Mountain Inn Suites, LLC Property September 23, 2004 Page 3. Please note that the Asheville Regional Office has moved to a new location. The mailing address and new phone number are located on the letterhead of this document. If you have any questions, you may contact me at kevin.barnett@ncmail.net or at 828.596.4657. Sincerely, Kevin H. Barnett, Environmental Chemist cc: Mr. Jon Laughter Laughter, Austin and Associates, P.A. 131 Fourth Avenue, East Hendersonville, NC 28792 Mr. Boyd L. Hyder Mountain Inn & Suites, LLC 755 Upward Road Flat Rock, N.C. 28731 Henderson County Building Inspections Office Henderson County Health Department Mr. Steve Chapin, US Army Corps of Engineers Mr. Roy Davis, Division of Water Quality ?J?GENFt 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 Triage Check List Date: Project Name: / ) d VO T G)'? X, h ?" cJ lit ?T? DWQ#: County: P.•-, To: "O Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. D S 'am length impacted Stream determination ? W land determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: a ;.1 A? L/IJ f ? ez /.,? ?_ r. )?4 ^ n F W -Aa I CA J'Jve _D Office Use Only: v •? Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? \ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information WMANDS/401 GROljp Name: JE1=F2Ey C, JJsrus Mailing Address: &40 CeES-r PoAt> SEP 1 7-z??nv ??AT oc% A/C Z??3/ WATER Q1 Telephone Number: 8??- 92 l 80 l Fax Number: E-mail Address: 2. Agent/Consultant Information (A si and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: LAuc,R-reP Ay57/?l ANp 4S_econrr, P. A. ?.1oa/ LAdt,IfTE2 } Company Affiliation: Mailing Address: 13 1 Fou&-ro Ave, 5/4.,- t??NpER3aNV{y?E , l?lC Z$79Z Telephone Number: 829'1y92- dB9 Fax Number: 0M-6,93-8622 E-mail Address: lxepa @ be l.sou? , net Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: t?&O,v7 2. T.I.P. Project Number. or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): \ S7 ?'9 3 ??.? 4. Location. I ) County: k1_VaERSo? Nearest Town: Vt Subdivision name (include phase/lot number): "1,4 Directions to site (include road numbers, landmarks, etc.): P? Us . t4c40? .r &,I c=g -r VJ -5W ZN?'?ASCsG?/dN ?? S? AQcy Lq?vE qe+a DLy U. S, 414H E 5. Site coordinates, if available (UTM or Lat/Long): ? ?ZO'YS *'Al AZ®ZS ?&V (Note 7- If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): &. 813 7. Nearest body of water (stream/river/sound/ocean/lake): A 1--L-B"NCB 8. River Basin: Xle..4 D (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: "N' Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: 11. Explain the purpose of the proposed work: ?N c5v E q Np ?ELoc/?tld? e F ADOP,..X l M,47Et.;/ 7ZB 1-F of Ae-tE.N j312A,-c11 !-©P- TNT pv2As6E- -OF cmM EACIAL 176VEA-PMEW7 /.SNP RC9•47-9p P4041,Je, (?i4GjLl7/ES. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide, photocopies of previously issued permits, certifications or other useful information. Describe, previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments',\of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs 1hay be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing.or description, please attach a separate sheet. Page 7 of 12 w Provide a written description of the proposed impacts: ??? SCE taE 70041 L O t.11 PL A N 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Man, ?ement Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at ho://www.fem&g *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Im act . Perennial or Intermittent? _ lease specify) 1 EN?iosu2c -7 Z 0 Fi L?EnJ ?2R?tf 3 0?' 2?NNtA ?-- * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, orbonline at www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.maRguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: -7Zo ' Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? T .plands ? stream ? wetlands Describe the method of construction (e.g., dam/; mbankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to- provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce. impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hqp://h2o.enr.state.ne.us/ncwetlands/strmgide.hbnl. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at ho://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 r- IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the Ihr?oject. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identi fy V Yes ? No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation. by applying the buffer multipliers. Zone* s Impact Multiplier Mihu t on 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. X1. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XH. Sewage Disposal (required by DWQ) 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. XIH. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No K X1V. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). C . F I? O ,pplicant/Agenta?ature Date signature is vali only if an authorization letter from the applicant is provided.) Page 12 of 12 Parcel Print Page Henderson County Parcel Print Page 3 ? 240 026 a L 2131 11 1928 ?. 5981 5941` 46 7882 9822 r W 970 740 9657 x 3733 730 Ta U 367 187 2664 G194 5153 12' *••. , 921 5$ ! } / / 93 7?. I-Iy C 84 g t 47 750 46 5 64 69 I f 2620 65 $ 8 531 693 249 := 49 4 371 *****WARNING: THIS IS NOT A SURVEY! Date: 7/15/2004 This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information. contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Rec 1 PIN 00957968943555 PID 9973796 NAME-1 MOUNTAIN INN & SUITES LLC NAME-2 ADDRESS_1 303 SOUTH CHURCH ST ADDRESS 2 CITY HENDERSONVILLE ST NC ZIP 28792 PROP_DESC US64 E ON ACRES 6.83 MAP SHEET 9579.02 NBR BLDGS 0 DATEREC 10/3/2003 DB_PG 1164/226 LAND VAL 715600 BLDG_VAL 0 TOTAL_VAL 715600 NBHD DESC HWY 64 E. Subdivision SALE PRICE 750000 LANDUSE 100 Page 1 of 1 /7H -- A1/1 y g i. N tx _ ? .. O QQw ? (?,?c h Z A. A/ 0 4 LOCATION MAP (NTS) -2 Asphalt Surface -6• Aggrega/e Stone Base le Max. Cover 10' Reinforced Conc 51ah 61-9' vanes 2Ix21x61 ,Solid Conc Blocks -r B• Aggregdte Base D.B. 813, PD. 855 "'a pQ DD5 R D.8 313, PG. fdd 30 0 60 100 Im 08lJAW er cer 1•¦00 WETLANDS 1401 GROUP SEP 1 7 2004 WATER QUALITY SECTi01, W. U. MAXWELL D.B. 583, PG. 711 Prepared for MOUNTAIN INN SUITES, LLC 303, SOUTH CHURCH STREET HENDERSONVILLE, N, C. 28792 ren Juana ee1-5600 Iyy11111PPi°t' PRE-CON5MUMON N0T1f1C,A110N FOR SSi ` PROP05M 57RM y R&OC41701V Nemmomue TWP Heimm50N COUNTY, M 0 q NO. 406 = LAUGWTER, AU5771V AND A550CW95, P.A. -, 0 "Vol NE? 131 FOURTH AWIVUE mr WEMER501MLLE, NORM CAROLINA 29792 4 a..,.y ?QQ?} (929) 692-9099 r4llli{It1w It L-.- ___ _.._- Undis turbed ar th PROP05E0 5me" 5EM01V IV TS. e . JOB N0. 04-032 Triage Check List Date: Pro ect Name: j A.d V `k DWQ#: c' County: To: D ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: Telephone : (919) The file attached is being forwarded to ;our for your evaluation. Please call if you need as"nce. D S am length impacted Stream determination ? W and determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: 1 e,V •,1.51/40) r s Lr?1 iS ?: ll fL,1 b6flj 110). 1 l/] -rill I ?,- ,.e,, f f /3) _Pc -fly ri FILE COPY Office Use Only: Form Version May 2002 041550 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NiQWRP prior to submittal of PCN), complete section VIII and check here: ? \ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information WETLANDS/ 401 GROUP Name: JEFF(LEy C, J11sru s Mailing Address: &40 CREST P-oq i w 2004 SEPI rLA-r R Omsk NC. ZB7.31 Telephone Number: Pz8- 92 - l So l Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: L???NrEe Avsri l ANS sSocrArF? P. A. (-1oN LAdyr?TEa Company Affiliation: Mailing Address: /31 Fou2Tr? Ave-, 64s7- f?tND?2.saNV1LLE , MC ZS797- Telephone Number: 8Z9 °l?qZ- dB9 Fax Number: 0Z9-6-95 -862 Z E-mail Address: 1 as pa @ 6e l sou h, no- t Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 7,4l l ,?N ?-' t ??`S , ?- -?? ?°???Y 2. T.I.P. Project Number or State Project Number *DOT Only): 3. Property Identification Number (Tax PIN): ?o\ S'?9? B`93 SSS 4. Location. County: "C-JV RSd? Nearest Town: END?RSc?,v ?t`cE' Subdivision name (include phase/lot number): N'/A Directions to site (include road numbers, landmarks, etc.): dea U. 5. t{laauia j 6`1 tF"-r W SW 1N?c?zsc?c?io? o? Si5-Agcy Lq,v,? qa?n Oj-y 'U- IS, giGtLA# J G.el. !'?7- LA 7' 40 lvcf 1 t4/ 5. Site coordinates, if available (UTM or Lat/Long): - o20 Y5 #N ?Z®25 '5'/ (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): &.25 7. Nearest body of water (stream/river/sound/ocean/lake): AL-L- 8. ? ?N?t? r 8. River Basin: .?'??c ,3??A? (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: '. Page 6of12 V / 10. Describe the overall project in detail, including the type of equipment to be used: 11. Explain the purpose of the proposed work: ?N c t csvr? ANp 12?tdcr?z,d?' ,F dnr,n... I AA-rA-L4 79/l L.. E ®;= AttEN SSA.-Ca AoZ TAiE PvdtAasE ®F 0-oLAM,cQC.A. j]rV--ioP1w cw -r AA,a QeY47&p ki4P-Li AJ4 rActc[7jES. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Desc4v previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments' of the same T.I.P. project, along with construction schedules. N /A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in. Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs )nay be included at the appl'icant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing.or description,. please attach a separate sheet. Page 7 of 12 '1 V 1. Provide a written description of the proposed impacts: ke y o-A 7r,*,- 4N11, eW car r* r 4 „r Pe A N 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impabts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Mana ement Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available throu the FEMA Map Service Center at 1-800-358-9616, or online at h=://www.fema- List *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Im act . Perennial or Intermittent? lease specify) ENC,oc5u2E 7Zo rt!?EiJ 131zAnlc- 4 -S + 2 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, orbonline at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mgpguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: -72-0 Page 8 of 12 r Ir 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma ,? Type of Impact Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam pnbaLnent, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to. provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation IN, DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 1% `V USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htta://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but nod limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wry/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 r? IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. Atl proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes E] No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation. by applying the buffer multipliers. * Zone Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. '%,. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No K MV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). (?f . 0 signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Parcel Print Page Henderson County Parcel Print Page 8+90. 3 240 026 EtE 2131 1 E a 1923 5981 5941 ? 7882 9822 `_. 970E s 7+1c7 ( 9657 3733 7 i ±4 ?. C,-L 2564 94 z )x' ?y°Y l? 5153 12 90Q ? t 921 56 79 Nyc? 84 $ 47 746 ti 6? r rt • u s? 6 6 750 X1 ? 64 2620 53 6? H,Y 51 f 3 1524 5 249 157 35 6474 ?4 1 *****WARNING: THIS IS NOT A SURVEY! Date: 7/15/2004 This map is prepared for the inventory of real property found within this jurisdiction, and is , compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information. contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Ree 1 PIN 00957968943555 PID 9973796 NAME _1 MOUNTAIN INN & SUITES LLC NAME-2 ADDRESS _1 303 SOUTH CHURCH ST ADDRESS 2 CITY HENDERSONVILLE ST NC ZIP 28792 PROP_DESC US64 E ON ACRES 6.63 MAP_SHEET 9579.02 NBR BLDGS 0 DATEREC 10/3/2003 DB_PG 1164/226 LAND_VAL 715600 BLDG_VAL 0 TOTAL VAL 715600 NBHD_DESC HWY 64 E. Subdivision SALE PRICE 750000 LANDUSE 100 Page 1 of 1 Iz- PS -%7 J g ?. 4 w o e t. N Y N a Vj (a O Z a3 ? r?pCti Z ? ?' N 1? ? O 2 O IN, a SW cuuar 'A .w _ro ill GREENE S SALVAGE d DISCOUNT v BUILDING SUPPLY, INC. D.B. 813, PG. 855 00-10 CHARLES E, TOWN D.B. 823. PG. 585 d N a o? CHARLES E. TOWN D.B. Bid, PO, 005 R D.& 313, PG. ISO 60 0 60 100 150 GM1PBLC SCALD i .S0' WETLANDS 1401 GROUP SEP 17 2004 WATER QUALITY SECTION LOCATION MAP (NTS) I ? y? a ;*J?? /Idr s?TF !O' r 2' 6' 2" Asphdlt Surface Aggregdte Stone Base • 18" Max. Cover 1011 Reinforced Cone 5146 • r Compacted ; Relocated l Select ?.':; enclosed Back ?i// 1 6'-8' Wries 2'x2'x6' Solid Cone Blocks Aggregate Base ?TI?T?I l I ?; I IIT?=I I ? nhsturbed .00 N? PROP OWD 57)MAM WC770N N.T.S. W. At. MAXWELL D.B. 583, PG. 711 Prepared for MOUNTAIN INN SUITES, LLC 303 SOUTH CHURCH STREET HENDERSONVILLE, N.C. 28792 Jeff Justus 691-6500 PRE-COWMUC7701V N0777C4170N IIy1111PP1YYlY cARoFOR ES"s`;' • S% PROP05M 5MMM R&OC417ON HfNDeR50WUZ 7W. NENDeR50N COMY, N4 o 0.406 LAUGHTER, AU577N AND A550C1ATE5, P.A. -, 0 FNGINE?¢r?4` 1,91 FOURTH AV9NUff EAST HE8DER50AWLE, NORTH C4ROUNA 28792 F G ' ` C0?4 WO) 692-9089 r'`YYrYrillll4 11 _?. _.? ___.._ _. -•-- "..W . JOB NO. 04-032 M w ?»a Ia= TM PNffi MMM N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ut cn 0 0 cn 0 0 0 N 0 N 0?-P, Cn .P 0 -P ??0jj? ?- 0 ?O"ONr\) 0 .. N0"4h.-P-+Cn-Nj- cn j000CD CDCA W tPW W 010) -- j- co 00ACD N000O-Cn ON000nCD -4-+Cn W Cn W CA CACnCn 10NO -< **CC .. -icncncncncnWWM-UZMK ? .03000m 7°? O> Q K -- -I --I co 0 e,% C- w w < o w r co cn * ? °c < 0 00 0 - p . Kr- = w cQ -? CL CD a, m Oo D -°a (D CL CD Q. CD Cn m m -0 cc m CO n CD CD CQ ai a- ?o o ?a cP ? N cn 'a N Co CD 60 o m -, 00 0 r M. r n 0 06 -? m a? 7o m ? m °m CD (n 0-° a > CD 3 -- cr cc (D 0 SD CD m n < C_ =r 0 ? 0 JD =r O O Cr (?D =r (D Z n w O' w w X D cn 1 O Cn W N N W N co N W W N N N N N Ccn co ccn co W-4 C\D W W W W W W W? 0 CCn ? N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O 0000000000000000000 cn cn Cn cn Cn m m m Cn Cn Cn N m .P -Ph, cn A Cn P. 0 7 1*0 -K K m < 0 in F cn F F w m m CD CD 0 C CZD N CCD C° O C C CO CD C CO Co C C C O C CD CD CD < CD CD CD CD C o m c w w m o?aaaam aaaam m a a- CL =3 CL 0- w CD x x CD m m w m w w v, CD co O CD m co 0 In O r. O =3 =3 0 0 2" n n 3 3 3 CD 0 ' ' M 'R O C"D ,a D -u CD faD 0 m m?O o m m O C _ CS w A c O 7 . ? CD x FILE COPY Jon H. Laughter Donald J. Austin Thomas P. Welbourn James D. Chambless, Sr. Laughter, Austin and Associates, P.A. Engineering • Planning • Land Surveying 131 FOURTH AVENUE EAST HENDERSONVILLE, NORTH CAROLINA 28792 September 15, 2004 Ms. Cyndi Karoly Division of Water Quality 401/Wetlands Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 Dear Ms. Karoly: (828) 692-9089 Fax(828)693-8822 WATS 1-800-858-LAND WETLANDS/ 401 GROUP 041550 SEP 1 7 2004 WATER QUALITY SECTION Enclosed please find 7 copies of Pre-Construction Notification (PCN) Application Form and drawings and a check for $475.00 for the proposed relocation and enclosure of a portion of Allen Branch located on U.S. Highway 64 East in the southwest intersection of Searcy Lane and Old U.S. Highway 64 East in Henderson County, North Carolina. This submission is for your review and approval. Thank you for your consideration. Sincerely, Laughter, Austin and Associates, P.A. ?'A?k-- Jon Laughter, P.E. Pq RtJV 7 RECEDED r. Office Use Only: Form Version May 2002 041550 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Retstoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NQWRP prior to submittal of PCN), complete section VIII and check here: ? \ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information e n Name: JEFF2EY C , JJSTU 5 YirT1 AN - 1401 CROUP Mailing Address: 6,0 C REST P og j ?Lf1 T R ao? AI C Z S ?3 / SEp?T994 ........r, nm ITV WON Telephone Number: OZ8-Zo92 - l So l Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: LRu4HT6e. Avs-rlq ,qm,, SSoet,4 ?S P. A. ?Jo,v LA yNTE/L Company Affiliation: Mailing Address: /3 / Fova-ro Ave,. 5/4ST ??NDE"2.3cNVtL?E , lUC z$79Z Telephone Number: 8Z6-lagZ- 069 Fax Number: 82B°l?93 -8?2 2 E-mail Address: l as pa @ 6,e ? sou not Page 5 of 12 *4 III. Project Information Attach a vicinity. map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: t4oorv7,41N L?,?N _45;c-st7A'S , Lb-- -Ae&#PARTY 2. T.I.P. Project Number or State Project Number (1 CDOT Only): 3. Property Identification Number (Tax PIN):© -? 79? x'93 S'S 4. Location. County: CaU?RS?.,r Nearest Town: Nt?ND?2?? ?t? E Subdivision name (include phase/lot number): "J'4 Directions to site (include road numbers, landmarks, etc.): Oej U. -S. t{cak-rsa I &I 4F"-r IV SW Jo-rrgs.`??idN OF S.C- ADCJ LAelE AMD DLD U_ _C- ?-aAU LEAs LAT A14 5. Site coordinates, if available (UTM or Lat/Long): 3 aZO'Ys aN ?Z°Z5 ?SY?V? (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): ICI -'85 7. Nearest body of water (stream/river/sound/ocean/lake): At-L- P-A,04 8. River Basin: ?.yc?gn (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: . 'N. Page 6 of 12 F, r 10. Describe the overall project in detail, including the type of equipment to be used: 11. Explain the purpose of the proposed work: nr c LnSo A y,> 12ELvc?t?m.v -,F 4nnowox I AAA`r&-1.4 7Zo z. F eF A??N 019.40-c84 r--'R T#i- P11RA5sE of Q141 AJA r4 e-! L L 7, IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describ, P previously approved wetland, stream and buffer impacts, along with associated mitigation (wh4e applicable). If this is a NCDOT project, list and describe permits issued for prior segments` of the same T.I.P. project, along with construction schedules /A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in. Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing.or description,. please attach a separate sheet. Page 7 of 12 iM 1. Provide a written description of the proposed impacts: ; e oe,4 7 P u .4,wa SG F 1: uF'74 t L d M Pt. AV 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Mana?ement Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at h=://www.fema.gov. \ *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Im act . Perennial. or Intermittent? lease specify) I FJ? ?CSU RC -7 ! Z o L/1L 3k Q A,?C-ei -S' t 7 G L?ItJ A/{Q"4. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or-,online at www.usgs.¢ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.io oozone.com, www.maRguest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 7Za ' Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ?`?,epIands ? stream ? wetlands Describe the method of construction (e.g., dam/mbankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to. provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9of12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. i I. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not, limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 r r IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to de*Mine, delineate and map all impacts to required state and local buffers associated with the p oject. The applicant must also provide justification for these impacts in Section VII above. A.1 proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No a If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation. by applying the buffer multipliers. * Zone Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XH. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and ??sposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 14 NW. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). C . O signature is vali&6nly if an authorization letter from the applicant is provided.) Page 12 of 12 Parcel Print Page Henderson County Parcel Print Page Page 1 of 1 aaso 2131 1a 1928 51991 ?5941 Te04- 7882 9822 X70 77 4 ,. 740 9657 7 3733 9518 e 2554 74 7 4 F a 64 ?? 1 51:53 56 -9 ' 921, 3, r NYC 94 T? I (l All \" 1 ? 8 74v 5 f) 1 6 w p,,??yy f yyyy++t ?afS 6 8 ?- 4 67? I L3J?? V ? 69 513 f 3 1524 5 ,15? 6474 844 249 4 1 45 ..? . ti `'-. 358 *****WARNWG: THIS IS NOT A SURVEY! Date: 7/15/2004 This map is prepared for the inventory of real property found within this jurisdiction, and is ' compiled from recorded deeds, plats, and other .public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted . "' for verification of the information. contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Ree 1 PIN 00957968943555 PID 9973796 NAME _1 MOUNTAIN INN & SUITES LLC NAME -2 ADDRESS-1 303 SOUTH CHURCH ST ADDRESS -2 CITY HENDERSONVILLE ST NC ZIP 28792 PROP_DESC US64 E ON ACRES 6.83 MAP-SHEET 9579.02 NBR BLDGS 0 DATEREC 10/3/2003 DB_PG 1164/226 LAND_VAL 715600 BLDG_VAL 0 TOTAL_VAL 715600 NBHD_DESC HWY 64 E. Subdivision SALE PRICE 750000 LANDUSE 100 OT s? ?z O as, J ?4 '0 ? M O i 4 2 O IN- u U o ?? O? tie t ? 2 ' c? "^VY' Q' ,jby I ? 'Ak 01/ .w Own WETLANDS/ 401 GROUP SEP 17 2004 WATER QUALITY SECTION I B ill -e Aspha& Surface -6' Aggregate Stone Base 18' Max. Cover 10' Reinforced Conc 5ldb 61-8' varies 2'x2'x61 i5olid Conc Blocks --- F B" Aggregate Use < BDILu1N6 surrlr, AC. D.B. 613, PA 855 010, M. DOS & D.B 313 , PC. 188 00 0 00 100 100 aRAPM BCAIJ r 1. . Undisturbed earth PROPOWD 5? 5?C1lON N.T.S. W. M. MAXWELL. D.B. 593, PO. 711 Prepared for MOUNTAIN INN SUITES, LLC 303 SOUTH CHURCH STREET HENDERSONVILLE, N. C. 28792 Jeff Justus 691-5500 PRA-C0N5IRUCTI0N NOTIf1CAM ON Y, CARD ,, 0 fOR ,j `1: ? t e a tiss,• .??? . PROP05ED 5MEW R& "770N a M NDMOMALe MR I H&WER50N COUNTY, N.C. P No. 405 LAUGHTER, AU577N AND A550CW95, AA "; 0 F?`GINEti rC L3L FOURTH AVENUE EAST >.N ? HENDER50NVUE, NORTH CAROUNA 28792 1 ?004 11 ? (828) 692-9069 Ytt+lacdtt? CREW CHBS CHECKED BY DATE SLEET N0. DRAIN BY F5P Too-, r. ? 71IS104 10F29 6 a, LOCATION MAP (NTS) 1 ?I JOB N0. 04-032