Loading...
HomeMy WebLinkAbout20221272 Ver 1_401 Application_20220914Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20221272 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Andrew Moore:eads\awmoore3 Asheville Regional Office - (828) 296-4500 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 5/31/2022 Project Contact Information Name: Britten Yant Who is submitting the information? Email Address: britten@cwenv.com Project Information Project Name: Skylaranna Hotel and Resort / Highway, LLC Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Henderson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Skylaranna_Hotel_and_Resort_PCN_Application_... 13.34MB 30 Day Notice.pdf 102.96KB Only pdf or kmz files are accepted. Describe the attachments or comments: Dear Mr. Wojoski, The attached "After -The -Fact" Pre -Construction Notification (PCN) is being submitted on behalf of Highway, LLC, represented by Mr. Kevin High. The project site consists of +/- 4.7 acres. The site has no assigned physical address but is located directly northwest of North Rugby Road along Mud Creek (35.397566, -82.519817) in Henderson County, North Carolina. The applicant is seeking a Nationwide Permit 18 for the authorization of a wetland impact associated with recent clearing and grading activities for RV parking. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in automatically. DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 CLeaer An EnviroScience Company ClearWater Environmental Consultants, Inc. www.cwenv.com September 14, 2022 Ms. Brooke Davis US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Mr. Paul Wojoski NC DWR, 401 Permitting & Buffer Unit 512 N. Salisbury Street, 9th Floor Raleigh, North Carolina 27604 RE: Skylaranna Hotel and Resort / Highway, LLC Nationwide Permit 18 After -The -Fact Application Action ID: SAW-2022-00856 Henderson County, North Carolina Dear Ms. Davis and Mr. Wojoski, The attached "After -The -Fact" Pre -Construction Notification (PCN) is being submitted on behalf of Highway, LLC, represented by Mr. Kevin High. The project site consists of +/- 4.7 acres. The site has no assigned physical address but is located directly northwest of North Rugby Road along Mud Creek (35.397566, -82.519817) in Henderson County, North Carolina. The applicant is seeking a Nationwide Permit 18 for the authorization of a wetland impact associated with recent clearing and grading activities for RV parking. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie with the NC Wildlife Resources Commission, Byron Hamstead of the US Fish and Wildlife Service. Sincerely, ,--DocuSigned by: `—AE92310EDC6E42D... Britten Yant, P.W.S. Biologist [- DocuSigned by: 2. GIB 21aa1C 0A79F7DC85EE4F7... R. Clement Riddle, P.W.S Senior Scientist CC: NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Byron Hamstead 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Preliminary Data Entry Fields for New Actions SAW — 2022 - 856 1. Project Name: Skylaranna Hotel and Resort / Highway, LLC 2. Work Type: Private n Institutional n Government n Commercial n 3. Project Description / Purpose: The purpose of the proposed project is to provide suitable and accessible RV camper parking on the parcel (After -The -Fact Permit). 4. Property Owner / Applicant: Highway, LLC 5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company 6. Related Action ID Number(s): SAW-2022-00856 7. Project Location - Coordinates, Street Address, and/or Location Description: The site has no assigned physical address but is located directly northwest of North Rugby Road and south of Mud Creek (35.397566, -82.519817) in Henderson County, North Carolina. 8. Project Location - Tax Parcel ID: PIN 9651-18-2116 9. Project Location — County: Henderson 10. Project Location — Nearest Municipality or Town : Hendersonville 11. Project Information — Nearest Waterbody: Mud Creek (Class C) 12. Watershed / 8-Digit Hydrologic Unit Code: French Broad - 06010105 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 18 n Regional General Permit # n Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance n No Permit Required Revised 20210513 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 CLearWaer An Er+vlro5cience Company® Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh, North Carolina 27604 1, the current landowner/managing partner of the property identified below, hereby authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: i OoLy t- Property Owner Address: 2c 9 i`' A) /aidity f2cG �J I 1 CO< cc." L, I / /,C , A C �5 3 8-6ad7i7- Phone Number: Email address: Property Location: Owner/Managing partner Signature: Owner/Managing printed name: Date: l45 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Deed/Property Information H DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Parcel Report Monday, September 12, 2022 i REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: WARNING: THIS IS NOT A SURVEY Parcel Information 9945225 HIGHWAY, LLC 2075 N RUGBY RD HENDERSONVILLE, NC 28791 0 NO ADDRESS ASSIGNED 003693/00582 2021-04-19 14:57:00.0 28 R2 SR1365 ON N RUGBY RD 9651.01 3.20000000 $0.00 $19,800.00 $19,800.00 North Carolina Senate District 48 (r1 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9651182116 FLETCHER Hoopers Creek FLETCHER FIRE Not Available MARLOW RUGBY MIDDLE WEST HIGH Codorus loam (arkaqua) Rugby, Brickton 2 None Found 117 11 Zone AE, 1 % (100 Year Floodplain),Floodway Areas in Zone AE Henderson County (GIS) Geographic Information Systems( ) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed,purchased or otherwise distributed, whether in hard copy or digital 9 media, shall be at the usera€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 BOOK 3693 PAGE 582 (3) 951011 u iu 9 i i 1111 Excise Tax: $28.00 This document presented and filed: 04/19/2021 02:57.21 PM WILLIAM LEE KING, Henderson COUNTY, NC Transfer Tax: $28 00 NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No:.9945225 Verified by County on the day of , 20 By: Mail/Box to: Hogan & Brewer, PLLC - 229 North Main Street, Hendersonville, NC 28792 This instrument was prepared by: Sherri L. Brewer 21-2028 Brief description for the Index: Track on North Rugby Road THIS DEED made this IQ day of , 2021, by and between GRANTOR GRANTEE Robert K. Strack and wife, Highway, LLC Lisa G. Strack A South Carolina Limited Liability Company 2075 N. Rugby Road Hendersonville, NC 28791 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Henderson County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT A. The property hereinabove described was acquired by Grantors by instrument recorded in Book 1413 Page 200 . All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Cabinet Slide NC Bar Association Form No. 3 © 1976. Revised © 1/1/2010 Printed by Agreement with the NC Bar Association DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Book 3693 Page 583 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to Henderson County ad valorem taxes. Subject to Restrictions, Easements, and Rights of Way of Record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (entity name) By: Print Name and Title ROBERT K. STRACK LISA G. STRACK (SEAL) (SEAL) (Affix Seal) State of kif)ra% l Aro L n4 - County of P-.t £K: Sp I, the undersigned Notary Public of the County and State aforesaid, certify that ROBERT K. STRACK and wife, LISA G. STRACK appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this' 4 day of (4 2021. My Commission Expires: jI-Iy- aLd7' Skeet-: L.. &ew-erNotary Public Notary's Printed or Typed Name NC Bar Association Form No. 3 © 1976, Revised © 1/1/2010 Printed by Agreement with the NC Bar Association DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Book 3693 Page 584 EXHIBIT A BEGINNING in the center of the road right-of-way for North Rugby Road (S.R. 1365) at a point in the southernmost corner of that property conveyed to William R. Johnson, Jr., and Gail H. Johnson, Trustees in Deed Book 888 at Page 46 in the Office of the Register of Deeds for Henderson County, North Carolina; thence from said beginning point and with a portion of the northeastern edge of that property conveyed to Joseph Michael Bobbitt and wife in Deed Book 774 at Page 491, the following two (2) courses and distances: North 33 deg 26 min 00 sec West 30 feet to an iron pin and North 33 deg 26 min 00 sec West 324.45 feet to a point in the center of Mud Creek; thence approximately with the center of Mud Creek and with the southern edge of that 8.2 acre tract conveyed to Banks Brothers Construction Company in Deed Book 778 at Page 653 (later conveyed to Samuel Johnston and wife, Kathy Johnston in Deed Book 1006 at Page 505), the following four (4) courses and distances: North 69 deg 53 min 42 sec East 97.06 feet, North 56 deg 07 min 07 sec East 249.34 feet, North 86 deg 49 min 39 sec East 212.57 feet and South 67 deg 22 min 15 sec East 157.51 feet to a point in the center of the road right-of-way for North Rugby Road (S.R. 1365); thence with the center of the road right-of-way for North Rugby Road (S.R. 1365), the following five (5) courses and distances: South 33 deg 26 min 40 sec West 74.88 feet; thence South 35 deg 09 min 54 sec West 69.08 feet; thence on an arc of a curve to the right with a radius of 688.493 feet and an arc length of 313.5553 feet to a point; thence South 61 deg 15 min 31 sec West 75 feet, and thence on an arc of a curve to the left with a radius of 454.255 feet and an arc length of 101.543 feet to the point and place of beginning and containing 3.89 acres, more or less, as shown on that survey by William Patterson dated March, 1986. ALSO BEING that property conveyed to Robert K. Strack and wife, Lisa G. Strack by deed recorded in Book 1413 at Page 200 in the Office of the Register of Deeds for Henderson County, North Carolina. DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: N/A lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No ld. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes X No lg. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Skylaranna Hotel and Resort / Highway, LLC (+/- 4.7 AC) 2b. County: Henderson 2c. Nearest municipality / town: Hendersonville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Highway LLC 3b. Deed Book and Page No. 003693/00582 3c. Responsible Party (for LLC if applicable): Kevin High 3d. Street address: 2075 N Rugby Road 3e. City, state, zip: Hendersonville, NC 28791 3f. Telephone no.: 843-860-0797 3g. Fax no.: N/A 3h. Email address: khigh@skylaranna.com Page 1 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 4. Applicant Information (if different from owner) 4a. Applicant is: X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Britten Yant 5b. Business name (if applicable): ClearWater Environmental Consultants, an EnviroScience Company 5c. Street address: 145 7th Avenue West, Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: N/A 5g. Email address: byant@enviroscienceinc.com Page 2 of 10 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 9651-18-2116 lb. Site coordinates (in decimal degrees): Latitude: 35.397566 Longitude: 82.519817 lc. Property size: 4.7 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Mud Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: French Broad - 060101050303 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The +/- 4.7 acre property is undeveloped with the exception of recent fill placed along a portion of North Rugby Road. The surrounding general land use is a mix of residential and undeveloped land. 3b. List the total estimated acreage of all existing wetlands on the property: 0.503 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 663 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide suitable and accessible RV camper parking on the parcel (After -The -Fact Permit). 3e. Describe the overall project in detail, including the type of equipment to be used: Please Reference Attached Supplemental Information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? X Yes ❑ No ❑ Unknown Comments: pJD Requested on 6.7.22 4b. If the Corps made the jurisdictional determination, what type of determination was made? X Preliminary ❑Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Britten Yant Agency/Consultant Company: Clearwater Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A site visit with the Crops was made on July 7, 2022. The Corps concurred with Clearwater's findings. A written Notification of Jurisdictional Determination letter is forthcoming. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes X No ❑Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. N/A Page 3 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes 401/404 0.098 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.098 2h. Comments: After -The -Fact 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to 84% (0.503 acres) of wetland were avoided by the project. 100% of on -site stream (663 linear feet) was avoided as well. The sewer line connection for the project will attach to the existing bridge over Mud Creek to avoid any stream or wetland impact. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The applicant utilized silt fencing to help prevent potential sediment and turbidity from leaving the fill area. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No ❑ Yes X 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 90/0 2b. Does this project require a Stormwater Management Plan? ❑ Yes X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project will not result in greater than 24% imperviousness. Stormwater Management Plan is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A 2e. Who will be responsible for the review of the Stormwater Management Plan? N/A 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Henderson County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 2b. Is this an after -the -fact permit application? X Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): A "Notification of Unauthorized Activity" letter dated April 8, 2022 was issued by the U.S. Army Corps of Engineers (USACE) in response to fill material placed onsite during clearing and grading activities for RV parking. The impact occurred without prior authorization after the owner received approval from the county but failed to recognize the potential presence of wetlands or that further authorization/permitting would be required. This after -the -fact permit application is part of the effort to resolve the violation. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑Yes X No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The RV parking will be accessed via North Rugby Road, which is an existing roadway. The project will not result in additional development which could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. 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. A sewer line connection is planned to connect the project to the existing municipal sewer system approximately 750 feet away. The connection will run along the edge of North Rugby Road. The sewer line connection will attach to the existing bridge over Mud Creek to avoid any stream or wetland impact. Page 9 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ No X Yes 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Please Reference Attached Supplemental Information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Impacts will not occur in a marine system. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Please Reference Attached Supplemental Information. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ No X Yes 8b. If yes, explain how project meets FEMA requirements: A Flood Damage Prevention Development Permit was issue by Henderson County on December 27, 2021. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA Map Number 3700965100J, effective 10/2/2008 (Figure 6). Britten Yant Applicant/Agent's Printed Name DcuSigned by: 9/14/2022 Date C - -- AE92310EDC6E42D.. Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Supplemental Information Skylaranna Hotel and Resort / Highway, LLC PCN Application Section B. Project Information and Prior Project History, 3e.: This after -the -fact permit application is intended to account for the wetland impact that occurred during the construction of an RV parking area associated with Skylaranna Hotel and Resort. The impact consisted of clearing and grading activities to create a level elevated parking pad accessible from North Rugby Road. This application is intended to address the "Notification of Unauthorized Activity" letter issued April 8, 2022, by the U.S. Army Corps of Engineers. Impacts to Waters of the US are further depicted in Figure 5 as well as in the Wetland Impact Table included with this application. Typical earth -moving equipment has been/will be utilized onsite in order to complete the project (bulldozer, dump truck, etc.). Section F. Endangered Species and Designated Critical Habitat, 5d: An Official Species List was obtained for the project through the USFWS Information for Planning and Consultation (IPAC) process on July 5, 2022 (Attachment A). The fill placed on the property is located in an area of previously maintained floodplain forest with seasonally dry bottomland hardwood forest wetland. Aerial photography shows that the property was clear cut pasture as recent as 2002. The proposed sewer line runs directly along North Rugby Road and will not impact any stream or wetland. ClearWater consulted the FWS's interactive mapper for watersheds (HUC 12) in North Carolina known to contain hibernation or maternity sites for NLEB. The project site is approximately 9.8-miles from the nearest documented NLEB occupied watershed. Because the project site is greater than 0.25 miles from a known hibernaculum and greater than 150 feet from a known maternity roost tree, this project satisfies the 4(d) rule and consultation with US Fish and Wildlife Service (USFWS) is not required. A review of the NC Natural Heritage Program database on July 5, 2022 indicated one documented occurrence of a federally protected species (Appalachian Elktoe— Alasmidonta raveneliana) occurring within one mile the project boundary. The work onsite did not/will not occur in the onsesite stream. It is the opinion of ClearWater that the project will have "no effect" on the Appalachian Elk Toe. 1 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Section F. Supplementary Information, 7b.: ClearWater reviewed the National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service. The following sites were found within a 0.5-mile radius of the project boundary: Site ID Status Site Name Distance from Project HN1102 SD - Surveyed Removed Bridge #1 (Replaced) +/- 20 feet HN1912 DOE - Determined Eligible George D. and Eunice B. Cureton House +/- 0.5 miles The listed bridge located adjacent to the property has been replaced with a modern bridge. The George D. and Eunice B. Cureton House is located approximately .5 miles from the property. It is the opinion of ClearWater that the proposed project will not affect the integrity of either of these sites. Several additional properties found in the search were listed by SHPO as "Surveyed Only" with no further status given. It is the opinion of ClearWater that the proposed project will not affect the integrity of any of these sites. A Historic Resources Map depicting the locations of these sites is included as Figure 7. 2 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Figures 1-7 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Skylarnna - Action ID SAW 2022-00856 (+1- 4.7 AC) Legend Project Boundary r Tap Root Dairy Rd °�tid4e Rd 8oc Rockbr,o. S 6a �o`N an a w 9Qo4Riv Of Rd 0 a <urnbel, River Rd z • o gr ancryrr m Rd °r aP Rd pamtico Rd m d a v ^Or Niawassee Rd 2 E Hiawasseetk Q' �tvvitt Creek Rd E Switt Creek PS6' 1.a / y Alligator Dr r:. fRd rA 2 2 Project Boundary c a E Oa/e ° Orm 1 Drawn by: BWY 5.6.22; CEC Project# 16207 2 - 0 s- O Lillys Ln rDi S Bet' Rockwell Dr aoa" Old Brickyardit O Brickton Rugby Dr Brickton Or Z 5lcpherd fru n. Nl Falk 0 0 os r Easy St Roiling al m e I'uma0 piney RidAe O o eethea ON°°°SY Ammon`' Dr ,n 0 , Warbler I Fott W'\,ter Ln Caleb Fletcher View Dr tc Or 4a E y £ S Naples O a Farm V 0 a°eLn a 2e c? 1,4 Henderson County, North Carolina CLearWater An EnviroScience Companya Site Vicinity Map Figure 1 145 7th Avenue West, Suite B Hendersonville, NC 28792 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Skylarnna - Action ID SAW 2022-00856 (+1- 4.7 AC) Legend Project Boundary FB21% ( 2050 „ p' Project Boundary "— Drawn by: BWY 6.6.22; CEC Pr to ect# 16207� . wl / Napl /N ed►'�►��i f� Henderson County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 USGS Topographic Map Skyland Quad Figure 2 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Skylarnna - Action ID SAW-2022-00856 (+1- 4.7 AC) Project Boundary Drawn by: BWY 6.6.22; CEC Project# 16207 Henderson County, North Carolina CLearWater An EnviroScience CompanyL, 145 7th Avenue West, Suite B Hendersonville, NC 28792 Aerial Photograph NCCGIA (2019) Figure 3 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Skylarnna - Action ID SAW 2022-00856 (+1- 4.7 AC) [_ _ ; Project Boundary Soil Drawn by: BWY 6.6.22; CEC Project# 16207 Henderson County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 NRCS Web Soil Survey U.S. Department of Agriculture Figure 4 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Skylarnna - Action ID SAW 2022-00856 (+1- 4.7 AC) Project Boundary 11 Wetland Impact SA (Mud Creek) - 663LF 0.492 AC Existing Stream - (No Impact) WA - 0.476 AC Existing Wetland (No Impact) Drawn by: BWY 9.8.22; CEC Project# 16207 Henderson County, North Carolina Sewer Line Will Be Attached to Bridge (No Impact) CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 WD - 0.012 AC Existing Wetland (No Impact) WC - 0.008 AC Existing Wetland (No Impact) WB - 0.007 AC Existing Wetland (No Impact) Wetland Impact W1 - 0.098 AC After -The -Fact Perm. or Temp. Type of Impact Area Permanent Fill 0.098 Impact Map Figure 5 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 7Skylarnna - Action ID SAW-2022-00856 (+1- 4.7 AC) Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Risk Due to Levee Drawn by: BWY 7.5.22; CEC Project# 16207 Henderson County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 FEMA Flood Map Number: 3700965100J Effective Date:10/2/2008 Figure 6 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Skylarnna - Action ID SAW 2022-00856 (+1- 4.7 AC) Legend 0 NC State Historic Preservation Office Data 0.5 Mile Search Radius I Project Boundary • �riJ9e RJ T c 2 ei oN zn .o fa o o r �c ��.. o x River Rd +�' ��•�. rJ I� Y v �' s �'d > o Ri (�f/�1('RIVEf Pamlico Kd Z RJ Fiiawassee Rd E Hiawassee �Rd t kvS�s,1t Creek Rd F Switt Cree' Alligator Dr = o - N *RJ 'Pd Project Boundary a cf z %1 H N 1102 c J WeStYI(„, Lillys Ln O r- zJ Brickton i • Rugby or Site ID Status Site Name HN1102 SD - Surveyed Removed Bridge #1 (Replaced) HN1912 DOE - Determined Eligible George D. and Eunice B. Cureton House Drawn by: BWY 7.5.22; CEC Project# 16207 i (r Henderson County, North Carolina 0 0 F 4 CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 Brlckton r c 0 Shepherd rvleniorial Park 0 c c Historic Resources Map NC SHPO Data Base Figure 7 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Attachment A: Threatened and Endangered Species Information DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2022-0060500 Project Name: Skylaranna July 05, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 07/05/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: hops://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 07/05/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 07/05/2022 2 Project Summary Project Code: 2022-0060500 Event Code: None Project Name: Skylaranna Project Type: Commercial Development Project Description: +/- 3.2 AC tract subject of a "Notification of Unauthorized Activity" letter dated April 8, 2022, in response to fill material placed onsite during recent clearing and grading activities. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.goog1e.com/maps/@35.39757075,-82.5199813098896,14z O Counties: Henderson County, North Carolina DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 07/05/2022 3 Endangered Species Act Species There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME Threatened STATUS Bog Turtle Glyptemys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Insects NAME Similarity of Appearance (Threatened) STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 07/05/2022 4 Flowering Plants NAME Bunched Arrowhead Sagittaria fasciculata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1720 Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 Swamp Pink Helonias bullata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4333 STATUS Endangered Endangered Threatened Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 07/05/2022 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 NLEB Occupied HUC 12 in North Carolina NLEB_Occupied_HUC12_NC +/- 9.8 Miles Edneyville Balfour L;iurr:i Park J+ y 5u9a0O'Lt'° %Lakeview Estates Dana Ra Hendersonville Northern Long Eared Bat Occupied 12-digit Hydrologic Units in North Carolina Esri, NASA, NGA, USGS 1 State of North Carolina DOT, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 MEM -■■ ■ NC DEPARTMENT OF ■ ■•■E NATURAL AND CULTURAL RESOURCES • ■■■ September 14, 2022 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 145 7th Avenue West Hendersonville, NC 28792 RE: Skylaranna Update; 16207 Dear ClearWater Environmental Consultants, Inc.: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19328 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Skylaranna Update Project No. 16207 September 14, 2022 NCNHDE-19328 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name lement Accuracy Federal State Global State Group Observation Occurrence Status tatus Rank Rank = Date Rank Freshwater Fish5893 Erimystax insignis Blotched Chub Natural 40805 Montane Floodplain Community Slough Forest Vascular Plant 14497 Carex buxbaumii Brown Bog Sedge 2014-04-10 E 3-Medium Significantly G4 S2 Rare 2021-04-23 A 2-High G1 S1 1993-Pre E 3-Medium Special G5 S2 Concern Vulnerable Natural Areas Documented Within Project Area Na entational Rating Mud Creek Oxbow R1 (Exceptional) No Managed Areas Documented within the Project Area Collective Rating C4 (Moderate) Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on September 14, 2022; source: NCNHP, Q2, July 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Skylaranna Update Project No. 16207 September 14, 2022 NCNHDE-19328 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Group Amphibian 2672 Dragonfly or 33444 Damselfly Freshwater 7990 Bivalve Freshwater 21861 Bivalve Freshwater Bivalve Freshwater Fish40886 Cottus carolinae Freshwater Fish5893 Erimystax insignis Freshwater Fish11061 Natural 40805 Community Vascular Plant 14497 Cryptobranchus alleganiensis alleganiensis Calopteryx amata Alasmidonta raveneliana Alasmidonta viridis Eastern Hellbender Superb Jewelwing Appalachian Elktoe Slippershell Mussel 9078 Strophitus undulatus Creeper Banded Sculpin Blotched Chub Paddlefish Brown Bog Sedge Vascular Plant 25168 Dendrolycopodium Prickly Ground -pine dendroideum Polyodon spathula Montane Floodplain Slough Forest Carex buxbaumii Vascular Plant 28499 Gaylussacia orocola Appalachian Dwarf Huckleberry Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Mud Creek Oxbow FRB/Mills River Aquatic Habitat servation Date 2020-09-04 2004-Pre 2021-06-08 2021-11-15 2013-09-17 1967-11-23 2014-04-10 1983 2021-04-23 1993-Pre 1949-Pre 1932-Pre Representational Rating R1 (Exceptional) R1 (Exceptional) Element Accuracy Occurrence Rank A 3-Medium Federal State Status Status Global State Rank Rank Special G3T2 S3 Concern H? 5-Very --- Significantly Low Rare C 3-Medium Endangered Endangered E 3-Medium E 3-Medium H 3-Medium E 3-Medium H 4-Low A 2-High E 3-Medium H 5-Very Low H 3-Medium Collective Rating C4 (Moderate) C3 (High) G5 S1S2 G1 S1 Endangered G4G5 S1 Threatened G5 S3 Special G5 S1 Concern Significantly G4 S2 Rare Endangered G4 SX G1 S1 Special G5 S2 Concern Vulnerable Significantly G5 S2 Rare Peripheral Endangered G1 S1 Page 3 of 5 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name City of Asheville Water Authority Property City of Hendersonville Open Space Conserving Carolina - Mud Creek Confluence NC Land and Water Fund Conservation Agreement NC Land and Water Fund Project Conserving Carolina Easement Owner City of Asheville City of Hendersonville Conserving Carolina NC DNCR, NC Land and Water Fund NC DNCR, NC Land and Water Fund Conserving Carolina Owner Type Local Government Local Government Private State State Private Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on September 14, 2022; source: NCNHP, Q2, July 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 DocuSign Envelope ID: DEDD12C7-9B2E-4773-90C2-F61 B7BCC40A6 September 14, 2022 Managed Area (MAREA) NHP Natural Area (NHNA) ❑ Buffered Project Boundary ❑ Project Boundary NCNHDE-19328: Skylaranna Update Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, ® OpenStreetMap contributors, and the GIS User Community Page 5 of 5 Britten Yant From: Britten Yant Sent: Tuesday, May 31, 2022 9:28 AM To: 401PreFile@ncdenr.gov Subject: 401/Buffer Pre -filing Meeting Request Please fill out the following information: Project Name: Skylaranna Hotel & Resort County: Hendersonville Applicant Name: Skylaranna Hotel & Resort / Highway, LLC Applicant Email: britten@cwenv.com (Consultant) **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. 1