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Home My WebLink About20221432 Ver 1_More Info Received_20221206/ ENVIRONMENTAL INC. It° Headwater December 6, 2022 910.777.3908 • 1 121 Military Cutoff Dr, Suite C #306, Wilmington, NC 28405 www.headwaterenvironmental.com Mr. Andrew Moore North Carolina Department of Environmental Quality —Division of Water Resources 2090 U.S. 70 Highway Swannanoa, North Carolina, 28778 Reference: Request for Additional Information, Lantz Development, Henderson County (DWR Project #20221432), (USAGE SAW-2021-02270) 4794 Boylston Highway Mills River, Henderson County, North Carolina Headwater Project # A21-202127 Mr. Moore, On behalf of 280 Holding Group, LLC (commercial developer), Headwater Environmental, Inc. (Headwater) is providing this document to address your request for additional information sent in an email sent November 3, 2022, and regarding the proposed development located at 4794 Boylston Highway in Mills River, Henderson County, North Carolina (the Site). According to Henderson County GIS, the site is 12.84 acres, identified as PIN 9631640262, and it is owned by 280 Holding Group, LLC. A proposed commercial development, including the construction of four buildings and associated parking will be generally located on the eastern portion of the Site. Your comments and associated responses are below, and additional documentation is attached. 1. Title 15A of the North Carolina Administrative Code (NCAC) 02H .0502(a)(3) requires an applicant that is a corporation be registered with the NC Secretary of State's Office. I was unable to find 280 Holding Group, LLC in a search conducted on the NC Secretary of State's website. Please provide documentation that 280 Holding Group, LLC is a registered corporation with the NC Secretary of State. [15A NCAC 02H .0502(a)(3)] a. 280 Holding Group, LLC completed registration with the NC Secretary of State's Office. Associated documentation is attached. 2. Title 15A NCAC 02H .0502(a)(11) requires that if an agent signs the application, an agent authorization letter must be provided. Please provide a signed agent authorization form signed by a representative of 280 Holding Group, LLC granting you signature authority. A sample form may be found here https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2488211 &cr=1. [15A NCAC 02H .0502(a)(11)] a. Agent Authorization documentation is attached. 3. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Therefore, dewatering methods will be necessary to temporarily dewater the stream channel during culvert installation. Please provide a construction sequence that details the method of dewatering to be utilized at the site and the sequence of construction events to be followed to ensure compliance with this condition. [15A NCAC 02H .0506(b)(3)] a. A construction sequence is included on the attached, revised Lantz Development Plan. Request for Additional Information, Lantz Development Headwater Project # A21-202127 December 6, 2022 4. Please provide a culvert cross-section detail showing the provisions for aquatic life passage/culvert burial. [15A NCAC 02H .0506(b)(2) and (3)] a. A note indicating that the culvert will be buried in the streambed by at least 7.2 inches is included on the attached, revised Lantz Development Plan. 5. It appears there is adequate room on the project parcel to move the buildings and parking lots northwest of their proposed location thereby significantly minimizing impacts. Please reconfigure the layout to better minimize impacts or clearly explain why the basic project purpose cannot be achieved by reconfiguring the layout of the buildings and parking lots to better avoid and minimize jurisdictional impacts. [15A NCAC 02H .0506(b)(1)] a. The project design was reviewed and modified to address other comments and reduce stream impacts. By moving the location of the outlet structure, stream impacts were reduced by 64 feet. The overall design was reviewed to determine if the buildings and parking lots can be moved northwestward to avoid impacts entirely or to further minimize impacts. Based on that review, impacts could not be further reduced without adversely affecting the viability of the project, for the following reasons: • • • The project needs to have road frontage to be economically viable. While there is additional property to the northwest of the development, this area becomes increasingly steep. To move the project to the northwest would require significant grading, the Site would no longer balance, and a significant amount of soil would need to be disposed of off -Site, resulting in a significant cost and affecting the viability of the project. Further, a stream crossing would still be required if the project was moved, so impacts would not be avoided. Based on the Town of Mills River master plan, commercial development in this area is important for the future economic development of the region. 6. The Division is concerned about the orientation of the proposed culvert outlet relative to the stream and streambanks below the outlet. It appears that outlet flow will be directed into the streambank. How will the integrity of the right descending streambank below the proposed culvert outlet be maintained given the culvert's proposed orientation? [15A NCAC 02H .0506(b)(3)] a. The culvert outlet was moved and re -oriented so that discharge is parallel with stream flow, as shown on the attached, revised Lantz Development Plan. 7. The Division does not require mitigation for impacts to intermittent streams. Staff from the Division will visit the site to confirm the intermittent determination. [15A NCAC 02H .0506(c)] a. Headwater understands that the Division made a subsequent Site visit and confirmed the stream's intermittent determination. 8. The Division recognizes the Town of Mills River as the locally -delegated authority to enforce post -construction stormwater requirements. However, the Division cannot certify that the project meets the requirements of 15A NCAC 02H .0506 without knowing the location of all structures, including stormwater control measures (SCMs), to be constructed in connection with the project. Please provide a conceptual stormwater management plan depicting the location of any required SCMs. [15A NCAC 02H .0502(a)(9) and .0506 (b)(3)] a. Conceptual SCMs are shown on the attached, revised Lantz Development Plan. 2 Request for Additional Information, Lantz Development Headwater Project # A21-202127 December 6, 2022 We appreciate the opportunity to provide this information. Please contact us at (919-619-2084) if you have questions or require additional information. Sincerely, Headwater Environmental, Inc. Adam Tripp Senior Geologist Attachments: Application for Certificate of Authority — 280 Holdings Group Agent Authorization — Headwater/280 Holdings Group Revised Lantz Development Plan 3 NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of APPLICATION FOR CERTIFICATE OF AUTHORITY OF 280 HOLDING GROUP, LLC the original of which was filed in this office on the 8th day of November, 2022. • o ' o o ao ❑� oa• r o f J Scan to verify online. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 8th day of November, 2022. Certification# C202230900449-1 Reference# C202230900449-1 Page: 1 of 4 Verify this certificate online at https://www.sosnc.gov/verification Secretary of State State of North Carolina Department of the Secretary of State SOSID: 2520288 Date Filed: 11/8/2022 2:33:00 PM Elaine F. Marshall North Carolina Secretary of State C2022 309 00449 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is 280 Holding Group, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is FL, United States 3. Principal office information: (Select either a or b) a. E The limited liability company has a principal office. The principal office telephone number: (419) 438-0698 The street address and county of the principal office of the limited liability company is: Number and Street:283 Holly Haven Ct City: Mills River State:NC zip Code:28759-6610 County: Henderson The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street: City: State: Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: Timothy Lantz 5. The street address and county of the registered agent's office in the State of North Carolina is: Number and Street:283 Holly Haven Ct City:Mills River State: NC Zip Code 28759-6610 County: Henderson 6. The North Carolina mailing address, if different from the street address, of the registered agent's office in the State of North Carolina is: Number and Street: City: State: NC Zip Code: County: BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised July 2017) (Form L-09) Certification# C202230900449-1 Reference# C202230900449- Page: 2 of 4 APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) (This document must be signed by a person listed in item 7.) Name Title Business Address Timothy Lantz Member 283 Holly Haven Ct Mills River NC, 28759-6610 United States 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A photocopy of the certification cannot be accepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address: Privacy Redaction The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the6th day of November , 2022 280 Holding Group, LLC Name of Limited Liability Company Timothy Lantz Signature of Company Official Timothy Lantz Member Type or Print Name and Title Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised July 2017) (Form L-09) Certification# C202230900449-1 Reference# C202230900449- Page: 3 of 4 State of Florida Department of State I certify from the records of this office that 280 HOLDING GROUP, LLC is a limited liability company organized under the laws of the State of Florida, filed on February 4, 2021, effective February 4, 2021. The document number of this limited liability company is L21000061746. I further certify that said limited liability company has paid all fees due this office through December 31, 2022, that its most recent annual report was filed on February 15, 2022, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of November, 2022 Secretaty of torte Tracking Number: 9422427412CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. http s://services. sunbiz.org/Filings/CertificateOfStatus/Certific ateAuthenticationl Certification# C202230900449-1 Reference# C202230900449- Page: 4 of 4 eadwater AGENT AUTHORIZATION This form authorizes Headwater Environmental, Inc. (Headwater), all employees of Headwater, and all entities or individuals under contract with Headwater to perform assorted site assessments, regulatory verifications, and permitting exercises on the site. The site boundary may, or may not, be limited to the legal parcel boundary (or boundaries). Regulatory verification may include performing site reconnaissance and corresponding with various federal, state, or local agencies and representatives thereof, Property Address and/or Location: � � )v�3 � Pit v -) Parcel Identification NumberlTax ID: Re,,, e��„� �; �;� 1iN 676 3!6110 6 (include all parcels within the site boundary) Owner Name (s): vU E1olAiv,\. .r } : ) w. (ra v\A Mailing Address: ') t Uii 144,113 Telephone Number: I i ( i - rr' ? 06 c1 7 Email: ' I ak 1- Landowner signature / Date (or representative thereof) 1121 Military Cutoff Road, Suite C #306. Wilmington, North Carolina 28405 • T: 910-777-3908 www.headwaterenvironmental.com Jurisdictional Feature Quantity on Site Quantity of Impact Quantity Avoided Linear Feet Acres Linear Feet Acres Linear Feet Acres Wetlands 0 0 - - - - Perrenial Stream 1240 0.73 0 0 1240 0.73 I nterm itta nt Stream 450 0.026 386 0.022 64 0.004 \NN P\N: 963-1- 64-02 2 11-01DING GROUP, L1N Q.36&3 PAGE 81\ WRAC I \ 564205Q. 12.95 ACRES CONSTRUCTION SEQUENCE . NEW PIPING TO BE INSTALLED UP TO BUT NOT INCLUDING PENETRATING STREAM BANK. 2. SINCE THE STREAM IS INTERMITTENT, STREAM BANK PENETRATION AND HEADWALL INSTALLATION WILL BE COMPLETED WITH NO FLOW IN THE CHANNEL AND NO RAIN FORECAST FOR 48 HRS. 3. UPON HEADWALL INSTALLATION, BACKFILL TO BE PLACED IN ABANDONED STREAM CHANNEL . INSURE CULVERT IS INSTALLED 7.2" BELOW STREAM BED 2022 3:22pm O 0 a) 0 c 0 -o a) 0 c LANTZ\DWG\22037_LANTZ_4-22-22.dwg Drawing name: Z:\2022\22037 L- \ L- L- L- L- L- L- L L_ L_ L- L-\L- L- L- L- L_ L\ L_ L_ L_ LL L_ L_ L_ L-\_ L_ L_ L_ L\ L_ L_ L_ L\ L_ L_ L_ I LLLL L_ L \L_ L_\ L_ L_ L_ L_ L_ 11 LLLL L_ \ L_ L_ L_ L_ L_ L_ LLLLLLLLLL L_ L_ L_ L_ L_ L_ L_ L_ L_L_L_L_L_L_L-L--L_I\ L- L L- L- L- L- L- L- I LL, LLLL I L_ L_ EIP FOUND (BENT) PROPOSED 7Sg JUNCTION BOX 1/2" EIP FOUND (BENT) INVERT: 2 I I 0 NAVD 88 L_ L_ LL L L_ L_ L_ L_ L_ L LLL LL INVERT: 2096 I8"RCP LLLLL L LL L_ I \ LL L_ L_ L_ PIN: 9631-64-056 j 280 hOLDING GROW, LLC DB 3663 PAE 38 I TAT2 15511 SQ. FT. 0.36 ACRES FRONT NOTES: 1. ALL CONCRETE SHALL BE 4000 PSI MINIMUM. 2. REINFORCEMENT STEEL SHALL MEET ASTM—A615 GRADE 60 WITH 2" MINIMUM CLEARANCE. INSIDE PIPE DIAMETER REINF. LBS. W1 W2 H1 H2 D E 12", 15", 18" NO. 4 2060 44" 64" 23" 42 1/2" 18 1/2" 27" 21", 24" NO. 4 3100 50" 85" 31" 56" 24" 33" 27", 30", 36" NO. 4 5940 64" 108" 41" 72" 36" 49" 42", 48" NO. 4 8040 79" 150" 52" 79" 40" 64" 54", 60", 72" NO. 4, NO. 5 16000 105" 161" 60" 90" 48" 90" PRECAST CONCRETE HEADWALL GRAPHIC SCALE 1 INCH = 20 FEET JOB NUMBER: 22037 I HEREBY CERTIFY THAT THIS PLAN AND SPECIFICATION WAS PREPARED BY ME OR UNDER M DIRECT SUPERVISION AND THA I AM A DULY REGISTERED ARCHITECT OR ENGINEER UNDE' THE LAWS OF THE STATE OF NORTH CAROLINA AS SIGNIFIED BY MY HAND AND SEAL. DATE: 03/22/22 DRAWN BY: LCT CHECKED BY: DWO PROJECT MGR: DWO SHEET: