20221365 Ver 1_401 Application_20221003

Staff 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# *
20221365
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
• No
Joey Winston:eads\jbwinston
Asheville Regional Office - [phone]
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:
8/29/2022
Project Contact Information
Name:
McKenzie Beyer
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Apple Valley golf Course Bank Stabilization
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)
Rutherford
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
10.3.22_Apple Valley Golf_ 401_Application.pdf 20.31MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
The attached file is the PCN package for the Apple Valley Golf Course Stream Stabilization in Lake Lure, NC,
Rutherford county. This PCN package is the application for the NC 401 WQ certification and NWP 13.
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: 10.03.2022
Is filled in automatically.

CLearWaLer
An EnviroScience Company
C1earWater Environmental Consultants, Inc.
www.cwenv.com
October 3, 2022
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Apple Valley Golf Course - Stream Stabilization
(295.6 If, 0.088 ac)
Nationwide Permit 13 Request
And 401 Water Quality Certification
Rutherford County, North Carolina
Dear Mr. Wojoski,
The attached Pre -Construction Notification (PCN) request is being submitted on behalf of Fairfield
Mountains POA, Inc (Attn: Jeff Geisler, Manager). The project length is +/- 295.6 linear feet (0.088
acres) and is located on Rutherford County parcel # 1635635 at 309 Winesap Blvd, Lake Lure,
North Carolina. The applicant is seeking Nationwide Permit 13 and 401 Water Quality Certification
for permanent stream impacts associated with a stream stabilization project at Apple Valley Golf
Course. Due to the scope of work, no wetland delineation or Jurisdictional Determination was
requested by the Army Corps.
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 was submitted to
the US Army Corps of Engineers, NC WRC, and USFWS on August 31, 2022.
Sincerely,
McKenzie Beyer
Biologist
R. Clement Riddle, P.W.S.
Senior Scientist
145 Th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW — -
1. Project Name:
Apple Valley Golf Course
- Stream Stabilization
2. Work Type:
Private Institutional
❑ Government ❑
Commercial ❑
3. Project Description / Purpose:
+/- 295.6 linear feet (0.088 ac) of stream bank stabilization on Bills Creek to include and/or riparian
buffer improvements.
4. Property Owner / Applicant:
Fairfield Mountains POA, Inc
5. Agent / Consultant: ClearWater, an EnviroScience Company
6. Related Action ID Number(s):
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site is located at 309 Winesap Blvd, Lake Lure, Rutherford County, North Carolina;
35.4497960-82.159760
8. Project Location - Tax Parcel ID: 1635635
9. Project Location — County: Rutherford
10. Project Location — Nearest Municipality or Town : Lake Lure
11. Project Information — Nearest Waterbody: Bills Creek
12. Watershed / 8-Digit Hydrologic Unit Code: Headwaters Broad River / 03050105
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 13
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required

CLearWaLer
An EnyrroScience 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: ���%/��� My6-/✓.M1!J✓1
Property Owner Address: ��/J; �l//r��//k� Al vo
Phone Number: / �rt7 `97 'V DO
Email address: .i��fiL (l/* D
door
Property Location: J( 0I4F
Owner/Managing partner Signature: Lle ! /'t—
Owner/Managing printed name:
Date: %1Y11 l
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone: [phone]
www.cwenv.com

Property Summary
Tax Year: 2022
REID 1635635 PIN
Location
309 WINESAP Property
Address
BLVD Description
Administrative Data
Plat Book &
16-13TO17
Page
Old Map #
NONE
Market Area
C35B
Township
Chimney Rock
Planning
RUTHERFORD
Jurisdiction
City
LAKE LURE
Fire District
Dam Capital Reserve,F17
Spec District
TWN LL MUNI FIRE
Land Class
COMMERCIAL
History REID
t
History REID
2
Acreage
169.3
Permit Date
Permit #
Building Summary
Card 1 309 WINESAP BLVD
Building Details
Bldg Name
Primary Occupancy Type
Primary Occupancy
Primary Class
Primary Quality
Year Built
Effective Year
Physical Depreciation (Rating)
Physical Depreciation (% Bad)
Economic Depreciation (% Bad)
Functional Depreciation (% Bad)
Gross Leasable Area (SQFT)
0653-46-9925
Property Owner
APPLE VALLEY PL16- Owner's Mailing
13TO17 Address
Transfer Information
Deed Date
Deed Book
Deed Page
Revenue Stamps
Package Sale Date
Package Sale Price
Land Sale Date
Land Sale Price
Improvement Summary
Total Buildings
Total Units
Total Living Area
Total Gross Leasable Area
52-COMMUNITY BLDG
10A-CLUB HSE. COMM
WOOD FRAME
VERY GOOD-10
1986
1986
GOOD
41
0
0
6,064
10/1 /1993
000607
00002
$8,250
2
0
0
6,352
FAIRFIELD MOUNTAINS PROP
OWNERS
112 MOUNTAINS BLVD
LAKE LURE NC 28746
Property Value
Total Appraised Land Value
$1,051,800
Total Appraised Building
$367,100
Value
Total Appraised Misc
$1,460,700
Improvements Value
Total Cost Value
$2,879,600
Total Appraised Value -valued
$2,879,600
By Cost
Other Exemptions
Exemption Desc
Use Value Deferred
Historic Value Deferred
Total Deferred Value
Total Taxable Value
$2,879,600
Building Total & Improvement Details
Total Adjusted Replacement Cost New
$599,375
Physical Depreciation (% Bad)
GOOD 41
Depreciated Value
$353,631
Economic Depreciation (% Bad)
0
Functional Depreciation (% Bad)
0
Total Depreciated Value
$353,631
Market Area Factor
1
Building Value
$353,600
Misc Improvements Value
$1,460,700
Total Improvement Value
$1,814,300
Assessed Land Value
$1,051,800
Assessed Total Value
$2,879,600

Remodeled Year 0
Total Stories 1
Section 1 Details
52-COMMUNITY
Occupancy Type
BLDG
Additional
25
Fixtures
Air Conditioning
HEAT PUMP
Class
WOOD FRAME
Depreciation
GOOD
Depreciation
41 %
Design and Style
1 STORY
Exterior Walls
STONE VENEER
Exterior Walls
WOOD SIDING
Floors
CARPET
Floors
VINYL
Foundation
BLOCK/BRICK
Frame
WOOD FRAME
Full Baths
0
Half Baths
0
Heat
HEAT PUMP
Interior Finish
DRYWALL
Mason ADDN
1
Openings
10A-CLUB HSE.
Occupancy
COMM
Quality
VERY GOOD-10
Roof Cover
WOOD/FIBERGLASS
Roof Structure
WOOD JOIST
Roof Type
GABLE
Subfloor
WOOD FRAME
Addition Summary
Story
Type
Code
Area
1.00
OPEN FRAME PORCH
OFF
276
1.00
CONCRETE SLAB
CS
70
1.00
STORAGE
STG
84
1.00
CONCRETE SLAB
CS
396
1.00
OPEN FRAME PORCH
OFF
624
1.00
WOOD DECK
WDK
576
1.00
BASEMENT UNFINISHED
BSMT
6003

Building Sketch
Photograph
Card 2 309 WINESAP BLVD
Building Details
Bldg Name
Primary Occupancy Type
34-RETAIL STORE
Primary Occupancy
37E-STORE-RETAIL
Primary Class
WOOD FRAME
Primary Quality
FAIR
Year Built
1991
Effective Year
1991
Physical Depreciation (Rating)
AVERAGE
Physical Depreciation (% Bad)
40
Economic Depreciation (% Bad)
0
Functional Depreciation (% Bad)
0
Gross Leasable Area (SQFT)
288
Remodeled Year
0
Total Stories
1
Section 1 Details
Occupancy Type 34-RETAIL STORE
Additional
2
Fixtures
Air Conditioning
THRU-WALL H/AC
Class
WOOD FRAME
Depreciation
AVERAGE
Depreciation
33%
Design and
1 STORY
Style
Exterior Walls
WOOD SIDING
Floors
TILE ASPHALT
Building Total & Improvement Details
Total Adjusted Replacement Cost New
$20,217
Physical Depreciation (% Bad)
AVERAGE 40
Depreciated Value
$13,545
Economic Depreciation (% Bad)
0
Functional Depreciation (% Bad)
0
Total Depreciated Value
$13,545
Market Area Factor
1
Building Value
$13,500
Misc Improvements Value
Total Improvement Value
$13,500
Assessed Land Value
$1,051,800
Assessed Total Value
$2,879,600

Foundation
CONCRETE
Frame
WOOD FRAME
Full Baths
0
Half Baths
2
Heat
UNIT
Interior Finish
DRYWALL
Occupancy
37E-STORE-RETAIL
Quality
FAIR
Roof Cover
ASPHALT/FIBERGLASS
Roof Structure
WOOD JOIST
Roof Type
GABLE
Subfloor
CONCRETE SLAB
Addition Summary
Story Type
Building Sketch
24
BAS
88.0
24
Misc Improvements Summary
Code Area
Photograph
Phys
Econ Funct Common
Card Unit
Base
Eff
Measure Type
Depr(%
Depr(% Depr(% Interest(%
Value
# Quantity
Price
Year
Bad)
Bad) Bad) Good)
1 50000 SIZE ASPHALT PAVING
$2.25
1985
80
0 0
$22,500
1 18 SIZE GOLF COURSE IMPROV
$79,500.00
1985
0
0 0
$1,431,000
1 96 SIZE RESTROOM/BATHHOUSE
$64.38
2014
17
0 0
$7,200
Total Misc Improvements Value Assessed: $1,460,700
Land Summary
Land Class: COMMERCIAL Deeded Acres: 0
Calculated Acres: 0
Zoning Soil Class Description Size
Rate
Size Adj. Factor Land Adjustment
Land Value
Total Land Value Assessed: $1,051,800

Zoning
Soil Class Description
Size
Rate
CN
PRIMARY SITE
3.00 BY THE ACRE PRICE
$75,000
CN
COMMERCIAL UNDEV
165.36 BY THE ACRE PRICE
$5,000
CN
RIGHT OF WAY ROAD
0.94 BY THE ACRE PRICE
$0
Total Land
Value Assessed: $1,051,800
Ownership History
Owner Name
Current FAIRFIELD MOUNTAINS PROP OWNERS
Notes Summary
Building Card
No Data
Size Adj. Factor Land Adjustment Land Value
$225,000
$826,800
0.88
Deed Type % Ownership Stamps Sale Price Book Page Deed Date
DEED 100 8250 000607 00002 10/1/1993
Date
Line
Notes

a`'�F wArE�°c
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
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑— No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ 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
1g.
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:
Apple Valley Golf Course - Stream Stabilization
2b.
County:
Rutherford
2c.
Nearest municipality / town:
Lake Lure
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Manager: Jeff Geisler
3b.
Deed Book and Page No.
000607, 00002
3c.
Responsible Party (for LLC if
applicable):
Fairfield Mountains POA, INC
3d.
Street address:
309 Winesap Blvd
3e.
City, state, zip:
Lake Lure, NC 28746
3f.
Telephone no.:
828-694-3000
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form - Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ 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:
R. Clement Riddle
5b.
Business name
(if applicable):
ClearWater, and 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.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
1635635
1b.
Site coordinates (in decimal degrees):
Latitude: 35.449796 Longitude:-82.15976
1 c.
Property size:
161.6 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Bills Creek (Lake Lure)
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Broad / 03050105
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 existing conditions on the site include a grassy maintained tract used for recreational golf, and a stream (Bills Creek). The general use in the
vicinity of the project is recreational and residential (Apple Valley Golf Course).
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 15,333
3d. Explain the purpose of the proposed project:
The purpose of the project is to stabilize the eroding banks of the stream that runs through Apple Valley Golf Course.
3e. Describe the overall project in detail, including the type of equipment to be used:
See additional information following PCN form.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes ❑ No 0 Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑ No 0 Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
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
Choose one
Choose one
Yes/No
-
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:
2h. Comments:
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 P
Stabilization
Bills Creek
PER
Corps
13
296
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
296
3i. Comments:
Total stream impacts 0.088 Ac.
Page 4 of 10
PCN Form — Version 1.4 January 2009

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
02
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, the 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
131
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

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts are the minimum required to repair the eroding banks of Bills Creek. There are no permanent loss of waters from this
project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Work is to be performed in the dry. A temporary coffer dam will be built so that approximately one-half of the stream channel is open at all times.
construction sequence details are included (Sheet 4 & 5).
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?
❑ Yes ❑X No
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
El 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 6of10
PCN Form — Version 1.4 January 2009

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
Yes ❑X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
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?
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:
Impervious surfaces are less than 1 % of project area.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Rutherford
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑X Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
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

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑X No
use of public (federal/state) land?
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
❑Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
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
❑ Yes
❑ No
letter.)
Comments:
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,
❑Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes
❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
❑X No
additional development, which could impact nearby downstream water quality?
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.
Project only involved the stabilizing the stream banks and will not result in additional development that 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.
Wasterwater will not be generated by the proposed project.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
El Yes ❑X No
impacts?
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?
See additional information following the PCN form.
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. Accessed 7/18/2022 at https://www.habitat.noaa.gov/apps/efhmapper/
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
❑ Yes X❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See additional information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project involves a direct placement of a stream bank wall. The engineer will obtain a Rutherford County Floodplain Permit if necessary.
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panel: FIRM Panel 3710065300J (eff. 7/1/2008). See figure #6.
R. Clement Riddle
1
08/31/2022
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Figures 1— 4 & 6

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Apple Valley Golf Stabilization (+/- 1.28 AC)

Attachment A
PCN Additional Comments

PCN Form Additional Information
Section B - project Information and Prior Project History
3e — Overall Project Description and Equipment used
This project involves the bank stabilization of the stream that runs through Apple Valley Golf Course. Typical
construction equipment for bank stabilization includes track hoes and bulldozers.
Section F- Supplemental Information
5d — Endangered Species and Designated Critical Habitats — Sources
Habitat within and adjacent to the project area consists of maintained lawn and ornamental trees/shrubbery. Apple
Valley Golf Course's habitats primarily consists of maintained lawn. The course is heavily used for recreation.
Information about federally threatened and endangered species was gathered using the USFWS and NC Natural
Heritage Program on-line tools (Appendix D). The USFWS IPaC "Official Species List" lists seven species as potentially
occurring within the project boundary:
Common Name
Scientific Name
Status
Bog Turtle
Glyptemys muhlenbergii
Threatened (Similarity of
Appearance)
Indiana Bat
Myotis sodalis
Endangered
Dwarf -flowered Heartleaf
Hexastylis naniflora
Threatened
White Irisette
Sisyrinchium dichotomum
Endangered
Northern Long -Eared Bat
Myotis septentrionalis
Threatened
Small Whorled Pogonia
Isotria medeoloides
Threatened
Rock Gnome Lichen
Gymnoderma lineare
Endangered
The USFWS's "Northern Long -Eared Bat Consultation Areas" map for Rutherford County was reviewed. The project
location is greater than 5 miles from a HUC listed as having known occurrences of hibernation or maternity sites.
Therefore, the project satisfies the 4(d) rule and consultation for effects on the northern long- eared bat is not required.
No naturally occurring suitable habitat for the listed threatened or endangered species were observed on site. No trees
will be cut down as part of this project. Therefore, it is ClearWater's opinion that the project is not likely to adversely
affect these species.
7b — Sources used to determine historical impact
ClearWater Consultants (an EnviroScience Company) reviewed the National Register of Historic Places records
maintained by the NC State Historic Preservation Office (SHPO) and available SHPO's HPOWEB GIS Service. The
following sites were found within a 1.0 mile -radius of the project boundary:
Site ID
Site Name
Status
Distance From
Project
RF0024
Dr. T. R. Edgerton House
Surveyed Only
+/- 0.20 miles
RF0033
John Logan House
Surveyed Only
+/- 0.41 miles
RF0022
W.C. Dalton House
National Register
+/- 0.56 miles
It is the opinion of CEC that the stream stabilization of Bills Creek at Apple Valley Golf Course will not negatively
affect the integrity of these sites.

Attachment B
Engineering Sheets

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Site Photographs — Apple Valley Golf Course
Lake Lure, NC
Photo 1: Typical view of footbridge on Bills Creek.
Photo 2: View of overgrowth on Bills Creek.

-0111-46a
Photo 3: Additional image of overgrowth on Bills Creek.
4v,
Photo 4: Typical downstream view of Bills Creek.

Photo 5: View of Bills Creek.
Photo 6: Footbridge view of bank erosion on Bills Creek

Photo 7: Typical view of vegetation on Bills Creek.

Attachment C
Threatened and Endangered Species Data

United States Department of the Interior
FISH AND WILDLIFE SERVICE
�cH 3'$ Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0080276
Project Name: Apple Valley Golf Stabilization
FfFaia�'unut't:
August 30, 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. ABA 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

08/30/2022
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: https://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

08/30/2022
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
[phone]

08/30/2022
Project Summary
Project Code: 2022-0080276
Project Name: Apple Valley Golf Stabilization
Project Type: Marina - Maintenance/Modification
Project Description: Stream bank stabilization
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.4499604,-82.15974520531037,14z
Counties: Rutherford County, North Carolina

08/30/2022
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.
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.
11 %i r
NAME
STATUS
Indiana Bat Myotis sodalis
Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. ov/ecp/species/9045
Reptiles
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: httj2s://ecos.fws.gov/ecp/species/9743

08/30/2022
4
Flowering Plants
NAME
STATUS
Dwarf -flowered Heartleaf Hexastylis nani flora
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2458
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. ov/ecp/species/1890
White Irisette Sisyrinchium dichotomum
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8097
Lichens
NAME
STATUS
Rock Gnome Lichen Gymnoderma lineare
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. ov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

08/30/2022
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.

08/30/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds TreateT� of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws. ov/ecp/species/1626
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.

08/30/2022
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
FRESHWATER FORESTED/SHRUB WETLAND
■ Paln-,trine

08/30/2022
IPaC User Contact Information
Agency: ClearWater Consulting Firm, an EnviroScience Company
Name:
McKenzie Beyer
Address:
145 7th Ave West, Suite B
City:
Hendersonville
State:
NC
Zip:
28792
Email
[e-mail]
Phone:
7043025978

Roy Cooper, Governor
�■■■■■ NC DEPARTMENT OF
_■■■■ NATURAL AND CULTURAL RESOURCES
■■■■
August 30, 2022
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: Apple Valley Golf Stabilization; 16059
Dear ClearWater Environmental Consultants, Inc.:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-19195
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 rod ney.butlerC6 ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET, RALEIGH, INC 27603 • 1651 MAIL SERVICE: CENTER, RALEIGH, NC 27699
OFC 919.707.9120 • FAX [phone]

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