20221432 Ver 1_WRC Comments_20221215

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2021-02270 County: Henderson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: 280 Holding Group, LLC / Attn: Tim Lantz
Address: 283 Holly Haven Court
Mills River, North Carolina 28759
Telephone Number: [phone]
Location description: The proposed project area is located at 4794 Boylston Highway in Mills River, Henderson
County, North Carolina, at an approximate latitude of 35.3849 and longitude of -82.5690. According to the
Henderson County Assessor's Office, the site is identified as PIN 9631640262.
Description of projects area and activity: The proposed project consists of the construction of a commercial
development and the associated attendant features. In order to achieve the proposed project purpose, approximately
386 linear feet (0.022-acre) of an intermittent channel would be culverted.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: Nationwide Permit 39-
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Special Conditions: To offset the impacts to 386 linear feet of channel, 193 units of cold -water preservation credits
shall be purchased from the Tarkilin Branch Mitigation Site. Documentation of this credit purchase shall be provided
to this office prior to January 31, 2023.
Notes: Per a letter from the North Carolina Wildlife Resources Commission (NC WRC) dated November 16, 2022, the
following recommendations were provided to further reduce effect to wildlife resources:
1. Due the importance of the Mills River, which supports state and federally listed species, it is extremely important to use
excellent erosion and sediment control on site. NC WRC requests that the applicant use sediment and erosion control
practices outlined in the Design Standards in Sensitive Watersheds (15A NCAC 4B .0124). NC WRC asks that
disturbed areas be stabilized on a tight timeframe to minimize risk of sediment loss, namely, the disturbed areas be
seeded, mulched and/or matted as soon as possible, preferably at the end of each work day. At a minimum, disturbed
areas should be stabilized within five working days or seven calendar days, whichever is shorter.
2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting frequently
entangles wildlife and is slow to degrade, resulting in a hazard that may last for years.
3. Maintain open space areas with native vegetation and maintain the undeveloped areas as a forested green space.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
October 19, 2022 and subsequent information provided on December 9, 2022. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the
terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401
requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brooke Davis at 828-271-7980, ext. 4232 or [e-mail].
Corps Regulatory Official:
Brooke Davis
Expiration Date of Verification: March 14, 2026
CF: Adam Tripp, Headwater Environmental (via email)
Andrew Moore, DWR, NCDEQ (via email)
Andrea Leslie, NC WRC (via email)
Date: December 15, 2022

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
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LANTZ\DWG\22037_LANTZ_4-22-22.dwg
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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:

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: 280 Holding Group, LLC / Attn: Tim Lantz Action ID: SAW-2021-02270
Project Name: Lantz Property, 4794 & 4768 Boylston Highway County: Henderson
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*:
8-digit HUC and Basin: 06010105, French Broad River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
386
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 06010106, French Broad River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
193
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2
Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to SAWM/[e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Brooke Davis
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email: [e-mail]
December 15, 2022
Wilmington District Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.armv.mil.
Page 2 of 2

Action ID Number: SAW-2021-02270 County: Henderson
Permittee: 280 Holding Group, LLC / Attn: Tim Lantz
Project Name: Lantz Property, 4794 & 4768 Boylston Highway
Date Verification Issued: December 15, 2022
Project Manager: Brooke Davis
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Brooke Davis
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date