20200588 Ver 1_401 Application_20200504

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20200588
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Andrew Moore:eads\awmoore3
Select Reviewing Office:* Asheville Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $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: r
New Project
r
New Project w Existing ID
r
Pre -Application Submittal
r
More Information Response
r
Other Agency Comments
r
For the Record Only (Courtesy Copy)
r
Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: R. Clement Riddle
VUio is submitting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Norton Ridge NOV
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Macon
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
Norton Ridge NWP 29 PCN 5.4.20.pdf 14.53MB
Norton Ridge Corrective Action Plan 5.4.2020.pdf 8.38MB
Only pdf or krm files are accepted.
Describe the attachments:
Document 1: PCN for an ATF NWP 29 application.
Document 2: Corrective Action Plan for wetland and stream restoration at the Norton Ridge NOV site.
Sign and Submit

P By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this 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
o I intend to electronically sign and submit the online form."
Signature:
Submittal Date: Is filled in &Ao ratically.

Q_earWater
Clearwater Environmental Consultants, Inc. www.cwenv.com
May 4, 2020
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
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: Norton Ridge NOV{+/-5.5 Acres) SAW-2019-02248
After-the-fact Nationwide Permit 29 Application
Macon County, North Carolina
Mr. Brown and Mr. Wojoski,
The atta ched Pre-Construction Notification (PCN) request is being submitted on behalf of
the property owner Mr. John W. Meshad. The project site is bounded by Macon County
parcel identification number (PIN) 7541753732. The project site is +/-5.5 acres and
located at Tract 5 on Norton Ridge Road, Highlands, in Macon County, North Carolina
(35.094552, -83.189099).
The applicant/property owner received a Notice of Violation (NOV) from the NC
Department of Environmental Quality (NCDEQ) (NOV-2019-CV-0009 issued
11/21/2019). A letter of Unauthorized Activity (UA) was issued by the United States
Army Corps of Engineers (USACE) (SAW-2019-02248 issued 12/5/2019). The NOV
·and UA were· issued for unauthorized work in and around Norton Prong, including
impacts to several unnamed tributaries associated with construction of a pond. The
applicant/property owner was unaware that permits were required to move the dam
downstream to expand the pond's size.
Per guidance of the USACE and NCDEQ NOVs, the applicant is seeking a Nationwide
Permit 29 for residential single-family home. The attached PCN submission is for an
after-the-fact permit to authorize 20 linear feet of stream impact and 0.099 acres of
wetland impact associated with property access across Norton Prong.
Also included with this letter is the Corrective Action Plan for stream and wetland
restoration. This plan includes restoration/reali gnment of 163 linear feet of Stream 3 (S3)
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
and 227 linear feet Stream 4 (S4) to reconnect the unnamed tributaries to Norton
Prong. Approximately 0.151 acres of W4 will be restored.
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 Byron Hamstead of the US Fish and Wildlife Service, Asheville
Regional Office, and Ms. Andrea Leslie with the NC Wildlife Resources Commission,
and Mr. Andrew Moore at NCDEQ Division of Water Quality.
Sincerely,
Tyson Kurtz
Biologist
Copy Furnished:
!} �
0c1ement Riddle, P.W.S.
Principal
NC Division of Water Quality, Asheville-Andrew Moore
NC Wildlife Resources Commission -Andrea Leslie
US Fish and Wildlife Service-Byron Hamstead
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Pre-Application Request
Unauthorized Activity
Compliance
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request No Permit Required
Revised 20150602
2019-02248
Norton Ridge NOV
✔
3. Project Description / Purpose [PCN Form B3d and B3e]:
The owner is seeking an after-the-fact NWP 29 for 20 linear feet of stream impact and 0.099 acres of wetland impact associated with
property access across Norton Prong. Wetland and stream impacts occurred from the excavation of the pond and disposal of dredged
material. A Corrective Action Plan (ClearWater Environmental Consultants & Headwaters Engineering, April 2020), included under
a separate cover letter, describes the proposed stream restoration of Stream 3 (S3) and Stream 4 (S4) in addition to the restoration of
a portion of Wetland 4 (W4) that are required to meet the outstanding NOV and UA.
John W. Meshad
ClearWater Environmental Consultants, Inc.
The project site is +/- 5.5 acres and located on Norton Ridge Road in Macon County, North Carolina.
(35.094552, -83.189099)
See Attached Parcel Information
Macon
Highlands
Big Norton Prong
Little Tennessee / 06010202
✔
✔✔
No ve mbe r 22 , 20 19
0 0.02 5 0.0 50.0125 mi
0 0.04 0.0 80.02 km
1:1,52 9The infor ma ti on co ntained on this pag e is ta k en fro m ae ri al m a pping, ta x m a pping, a nd pub li c r e cords and i s N OT to be c onstr ued o r use d a s a sur vey o r 'le g al d esc ripti o n'. Only a l ice ns e d p r o fessi ona l land su r ve yor can lega l ly d eter m ine prec ise l ocatio ns,el eva tion s , l eng th an d d i recti on o f a l in e , an d ar e a s.
Tax ID :
MESH A D, JOH N W.141 7 KIM LIRA L ANE SAR ASOTA FL 34 23 1
054 64 33PIN:754 17 537 32
Pr opert y Addr essNORTON R IDG E R DTRACT 5 NO RTON RIDG E
Ac rea ge:5.47Elevation:389 8Topo De sc :RO LLIN GUtilities:EL ECTR I C
De ed Re f:M-37 /215 0Date R ec orded :09/02 /201 6Sale Pric e:
Building Val ue: Land Va lue : De fer me nt: Ex empt io n: As ses se d Val ue: Last A ppra is al :04/11 /201 8
Fir e Di st rict :HIGHLAN DS FIRE D ISTR ICTTownship:HIGHLAN DSZoning: Su bdivisi on:SH OR TOFFNeighborhood:050 27
Di sc la im e r:
Maco n C ount y Par cel Informa tion
Page 1 of 10
PCN Form – Version 1.4 January 2009
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: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. 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):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes 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 No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Norton Ridge NOV
Macon
Highlands
N/A
N/A
John W. Meshad
M-37/2150
1417 Kimlira Lane
Sarasota, Florida, 34231
29
[e-mail]
Page 2 of 10
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:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
R. Clement Riddle
ClearWater Environmental Consultants. Inc.
32 Clayton Street
Asheville, NC 28801
828-698-9800
[e-mail]
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
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?
Yes No 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? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
7541753732
-83.189099
5.5
Big Norton Prong
WS-II; Tr; HQW
Little Tennessee
0.704
ClearWater Env. Consultants, Inc
A field verification visit with the Corps was held on March 23, 2020. A PJD letter has not yet been issued.
35.094552
1,107
A PJD request was submitted on 02/28/2020.
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 parcel does not contain any homes or built structures. The surrounding parcels are all residential. General land use within the local vicinity is
primarily residential with some small scale commercial and agriculture operations.
3d. Explain the purpose of the proposed project:
The property owner was unaware of the need for a permit to relocate his dam and received NOVs/UA from Macon County, NCDEQ, and USACE for unauthorized work in
and around Norton Prong, including impacts to several unnamed tributaries associated with construction of a pond. The owner is seeking an after-the-fact NWP 29 for 20
linear feet of stream impact and 0.099 acres of wetland impact associated with property access across Norton Prong. Wetland and stream impacts occurred from the
excavation of the pond and disposal of dredged material. A Corrective Action Plan (ClearWater Environmental Consultants & Headwaters Engineering,,April 2020))
describes the proposed stream restoration/relocation of S3 and S4 in addition to restoration of a portion of W4. Only the impacts described in this permit application will
remain upon completion of the Corrective Action Plan. An as-built drawing of the stream relocation/restoration area will be provided and 18 months of photographic
monitoring of the new channels and wetland restoration will be conducted.
3e. Describe the overall project in detail, including the type of equipment to be used:
Typical earth moving equipment would be utilized (ie. backhoe) to remove dredged/fill material from surrounding uplands and a portion of W4 to fill back in a portion of the excavated
area. New stream channels for S3 and S4 will be constructed in the dry within the area of replaced material. A Corrective Action Plan (ClearWater Environmental Consultants &
Headwaters Engineering, April 2020) contains details of the stream restoration/relocation of 163 linear feet of S3 and 227 linear feet of S4 in addition to restoration of 0151 acres of W4.
Page 4 of 10
PCN Form – Version 1.4 January 2009
C.Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands 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
W2
W3
W4
W5
W6
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
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Choose one
Choose one Yes/No -
Yes/No -
Yes/No -
No Corps 0.099
Yes/No -
Yes/No -
0.099
See Impact Map (Figure 5).
Choose one - -
S5 (Big Norton Prong) 6 20
20
See Impact Map (Figure 5).
-
-
-
P
-
-
Choose one
Choose one
Fill
Choose one
Choose one
Choose one
Choose one
Non-Tidal Freshwater Marsh
Choose one
Choose one
-
-
-
-
P
-
Choose one
Choose one
Choose one
Culvert
Choose one
-
-
-
PER
-
-
-
-
Corps
-
Page 5 of 10
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)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5.Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
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
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Choose one Choose
Choose one
Yes/No
-
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
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 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
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:
Type:
Type:
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:
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.
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
All construction ceased upon receipt of the NOVs/UA. The applicant is only impacting 20 linear feet and 0.099 acres of wetlands for the purpose
of road and stream crossing to access the property. The applicant is avoiding 1,197 linear feet of stream and 0.605 acres of wetland at the end
of the project restoration.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project plans to reconnect S3 and S4 to Norton Prong via a newly constructed stream channel. A Corrective Action Plan (ClearWater
Environmental Consultants & Headwaters Engineering, April 2020) contains details of the stream restoration/relocation of 163 linear feet of S3 and
227 linear feet of S4 in addition to restoration of 0.151 acres of W4. Replaced streams will be constructed in the dry. All construction equipment
would be operated from high ground. Sediment and erosion control measures and best management practices would be utilized on site.
Choose one
Choose one
Choose one
Choose one
Page 7 of 10
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 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 8 of 10
PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. 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? %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
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 local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes 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
0
Local
No new impervious surfaces are being added.
Page 9 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
use of public (federal/state) land? Yes No
1b. 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
1c. 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 No
2b. Is this an after-the-fact permit application? Yes No
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 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.
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.
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
NOVs were received from Macon County (Receipt # 70050390000532127620 issued 11/16/19) and NCDEQ (NOV-2019-CV-0009 issued 11/21/2019).
An UA letter was issued by the USACE (SAW-2019-02248 issued 12/5/19). The NOVs and UA were issued for unauthorized work in and around
Norton Prong and several unnamed tributaries associated with construction of a pond. These NOVs and UA will be resolved by implementing the
Corrective Action Plan. Proposed permitted impacts to remain are minor.
These permitted impacts and implementation of the Corrective Action Plan will not result in additional development.
No wastewater will be generated from this project.
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS County List for Macon County (V7120) and NCNHP project -based database query (117120) which shows no element occurrences of federally protected species
within a one -mile radius of the project. CEC consulted the FWS's "Northern Long-eared Bat Consultation Areas' map for Macon County. The project site is not in a
hydrologic Unit Code identified as having known occurrences of hibernation or maternity sites. It is of the opinion of CEC that the project would have "no effect" on the
northern long-eared bat. See Appendix A.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in of 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?
Project does not occur in a marine system. Source: NOAA's Essential Fish Habitat Map web application. Accessed at hftps:ttwww.habitat.noaa.gov/
applicationlefhmapperlindex. html
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 ❑ 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?
Site ID MA0166 "House" (status: surveyed only) is approximately 500 feet north of the project. Site ID MA0167 "House" (status: surveyed only) is approximately 1.000 feet
south of the project. Based on NCHPO's HPOWEB 2.0 for General Audience. Accessed at https:llnc maps.aregis.corntappstwebappviewerrindex.htmi?
id=79ea671ebdco45639f0660257d5f5ed7. It is of the opinion of CEC that this project will not affect Historic or archaeological resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
The entire parcel is in an Area of Minimal Flood Hazard.
8c. What source(s) did you use to make the floodplain determination?
FEMA's Map..Service Center; FIRM Panel: 3700754100J (eff. 514/2009). See Figure 6.
C\ee,�� �. 1�
1%
t12 Ss2
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page

Norton Ridge Road NOV (+/- 5.5 AC)
Ü
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
Vicinity MapFigure 1Macon County,North Carolina
Drawn by: TJK 1.7.20; CEC Project#1089
Project Boundary
0 0.5 10.25 Miles
Norton Ridge Road NOV (+/- 5.5 AC)
Ü
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
USGS Topographic Map1:24,000 Scale Highlands QuadFigure 2
Macon County,North Carolina
Drawn by: TJK 1.7.20; CEC Project#1089
Project Boundary
0 1,000 2,000500Feet
Norton Ridge Road NOV (+/- 5.5 AC)
Ü
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
Aerial Imagery MapNCGGIA 2019 ImageryFigure 3
Macon County,North Carolina
Drawn by: TJK 1.7.20; CEC Project#1089
Project Boundary
0 100 20050Feet
Norton Ridge Road NOV (+/- 5.5 AC)
Ü
0 250 500125
Feet
Proje ct Boun dary
32 Clayton StreetAsheville, North Carolina 28801
NRCS Soil SurveyMacon County (Published 1996)Figure 4
Macon County,North Carolina
Drawn by: TJK 11.25.19; CEC Project# 1089
Proje ct Boun dary
Soil UnitsEdC: Edneyville-Chestnut complex, high precipitation, 8-15% slopesEdD: Edneyville-Chestnut complex, high precipitation, 15-30% slopesNkA: Nikwasi fine sandy loam, 0-2% slopes, frequently floodedReA: Re ddies fine sandy loam, 0-3% slopes, frequently floodedTwC: Tuckasegee-Whiteside complex, 8-15% slopes
W4
W1
W3W2
S5S1 S4
S7
S6S3
S2
OW1
Norton Ridge Road NOV (+/- 5.5 AC)
Ü
32 Clayton StreetAsheville, North Carolina 28801
Impact MapFigure 5Macon County,North Carolina
Drawn by: TJK 4.27.20; CEC Project#1089
Stream Restoration AreaSee Corrective Action Plan
0 50 10025
Feet
Tota l Stream Ima pcts: 20 Linear Fe etTotal We tland Impacts : 0.099 Acres
Impact to S5 (Big Norton Prong)20 LF (Culvert)
Impact to W40.099 Acres (Fill)
Stream
Stream Im pact
Wetland
Wetland Imp act
Wetland Restoration Area
LOD Excavated Area
Project Boundary
Wetland Restoration AreaSee Corrective Action Plan
Norton Ridge Road NOV (+/- 5.5 AC)
Ü
Project Boundary
FEMA Floodplains
500-Yr Floodplain
100-Yr Floodplain
Area of Minimal Flood Hazard
32 Clayton StreetAsheville, North Carolina 28801
FEMA Floodplain MapFIRM Panel: 3700754100JFigure 6
Macon County,North Carolina
Drawn by: TJK 1.7.20; CEC Project#1089
Project Boundary
0 0.5 10.25 Miles
Attachment A: USFWS
County List, NLEB Map, &
NCNHP Report
1/7/2020 Macon County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/macon.html 1/4
Endangered Species, Threatened Species,Federal Species of Concern,
and Candidate Species,
Macon County, North Carolina
Updated: 11-13-2019
Critical Habitat Designations:
Spotfin chub (=turquise shiner) - Erimonax monachus - Little Tennessee River, main channel from the
backwaters of Fontana Lake upstream to the North Carolina-Georgia state line.
Federal Register Reference: September 22, 1977, Federal Register, 42:47840-47845.
Appalachian elktoe - Alasmidonta raveneliana - The main stem of the Little Tennessee River (Tennessee River
system), from the Lake Emory Dam at Franklin, Macon County, North Carolina, downstream to the backwaters
of Fontana Reservoir in Swain County, North Carolina. The main stem of the Little Tennessee River (Tennessee
River system), from the Lake Emory Dam at Franklin, Macon County, North Carolina, downstream to the
backwaters of Fontana Reservoir in Swain County, North Carolina. Within these areas, the primary constituent
elements include: (i) Permanent, flowing, cool, clean water; (ii)Geomorphically stable stream channels and
banks; (iii)Pool, riffle, and run sequences within the channel; (iv)Stable sand, gravel, cobble, boulder, and
bedrock substrates with no more than low amounts of fine sediment; (v)Moderate to high stream gradient;
(vi)Periodic natural flooding; and (vii)Fish hosts, with adequate living, foraging, and spawning areas for them.
Federal Register Reference: September 27, 2002, Federal Register, 67:61016-61040.
Common Name Scientific name Federal
Status
Record Status
Vertebrate:
Appalachian Bewick's wren Thryomanes bewickii altus FSC Historic
Appalachian cottontail Sylvilagus obscurus FSC Current
Bachman's sparrow Aimophila aestivalis FSC Historic
Bald eagle Haliaeetus leucocephalus BGPA Current
Bog turtle Glyptemys muhlenbergii T (S/A)Current
Cerulean warbler Dendroica cerulea FSC Current
Eastern small-footed bat Myotis leibii ARS Current
Gray bat Myotis grisescens E Probably/Potential
1/7/2020 Macon County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/macon.html 2/4
Green salamander Aneides aeneus ARS Current
Hellbender Cryptobranchus alleganiensis ARS Current
Indiana bat Myotis sodalis E Probable/potential
Northern long-eared bat Myotis septentrionalis T Current
Northern saw-whet owl (Southern
Appalachian population)
Aegolius acadicus pop. 1 FSC Current
Olive darter Percina squamata FSC Current
Pygmy salamander Desmognathus wrighti FSC Current
Rafinesque's big-eared bat Corynorhinus rafinesquii FSC Current
Red crossbill (Southern
Appalachian)
Loxia curvirostra FSC Probable/potential
Seepage salamander Desmognathus aeneus ARS Current
Sicklefin redhorse Moxostoma sp. 2 C Current
Smoky dace Clinostomus funduloides ssp.FSC Current
Southern Appalachian eastern
woodrat
Neotoma floridana haematoreia FSC Current
Southern water shrew Sorex palustris punctulatus FSC Current
Spotfin chub (=turquise shiner)Erimonax monachus T Current
Yellow-bellied sapsucker
(Southern Appalachian population)
Sphyrapicus varius appalachiensis FSC Current
wounded darter Etheostoma vulneratum FSC Current
Invertebrate:
Appalachian elktoe Alasmidonta raveneliana E Current
Brook floater Alasmidonta varicosa ARS Current
Little Tennessee mussel Lexingtonia sp. cf. dolabelloides FSC Current
Little-wing pearlymussel Pegias fabula E Current
Lost Nantahala Cave spider Nesticus cooperi FSC Current
Margarita River skimmer Macromia margarita ARS Obscure
Rusty-patched bumble bee Bombus affinis E Historic
Southern Tawny Crescent butterfly Phyciodes batesii maconensis FSC Current
Vascular Plant:
Butternut Juglans cinerea FSC Current
Balsam Mountain Gentian Gentiana latidens FSC Current
Divided-leaf Ragwort Packera millefolium FSC Current
Fraser's loosestrife Lysimachia fraseri FSC Current
Gorge filmy fern Hymenophyllum tayloriae FSC Current
Granite dome goldenrod Solidago simulans FSC Current
Hartweg's Locust Robinia hartwigii FSC Current
Mountain sweet pitcherplant Sarracenia rubra ssp. jonesii E Current
Mountain Thaspium Thaspium pinnatifidum FSC Current
Piedmont aster Eurybia mirabilis FSC Historic
Piratebush Buckleya distichophylla FSC Current
Small whorled pogonia Isotria medeoloides T Current
Southern appalachian purple
pitcherplant
Sarracenia purpurea var. montana ARS Current
1/7/2020 Macon County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/macon.html 3/4
Southern Oconee bells Shortia galacifolia var. galacifolia FSC Current
Swamp pink Helonias bullata T Current
Torrey's Mountain-mint Pycnanthemum torrei FSC Historic
Virginia spiraea Spiraea virginiana T Current
Nonvascular Plant:
a hornwort Nothoceros aenigmaticus FSC Current
a liverwort Plagiochila cuduciloba FSC Current
a liverwort Plagiochila sharpii ARS Current
a liverwort Porella wataugensis FSC Current
Roundleaf liverwort Cephaloziella obtusilobula FSC Historic
a liverwort Plagiochila sullivantii var.
sullivantii
FSC Historic
a liverwort Plagiochila virginica var.
caroliniana
FSC Historic
Appalachian Pocket Moss Fissidens appalachensis ARS Current
Lichen:
Rock gnome lichen Gymnoderma lineare E Current
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
listing. (Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered
Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species;
although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting
species proposed for listing.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered
or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,
for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-
listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007.
After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the
primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
1/7/2020 Macon County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/macon.html 4/4
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm
Threatened due to similarity of appearance(T(S/A)):
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of
the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.
NCNHDE-11044
January 7, 2020
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, NC 28801
RE: Norton Ridge NOV; 1089
Dear ClearWater Environmental Consultants, Inc.:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally-listed species are 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 [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Norton Ridge NOV
Project No. 1089
January 7, 2020
NCNHDE-11044
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Dragonfly or
Damselfly
33445 Calopteryx amata Superb Jewelwing 2004-Pre H?5-Very
Low
---Significantly
Rare
G5 S1S2
Moss 9642 Brachymenium
andersonii
Anderson's Melon-
moss
1951-08-04 F 4-Low ---Significantly
Rare Limited
GH SH
Moss 22084 Schlotheimia lancifolia Highlands Moss 1995 E 2-High ---Significantly
Rare Other
G2 S1
Moss 22721 Sphagnum capillifoliumNorthern Peatmoss 1937-08-26 H 4-Low ---Significantly
Rare
Peripheral
G5 S1
Moss 12338 Splachnum
pennsylvanicum
Southern Dung Moss 1949-06-08 H 4-Low ---Significantly
Rare Other
G4?SH
Natural
Community
3099 Acidic Cove Forest
(Typic Subtype)
---2010 B 3-Medium ------G5 S4
Natural
Community
15112 Canada Hemlock
Forest (Typic Subtype)
---2010 A 2-High ------G3G4 S1S2
Natural
Community
16531 Canada Hemlock
Forest (Typic Subtype)
---2010 BC 3-Medium ------G3G4 S1S2
Natural
Community
3978 Chestnut Oak Forest
(Mesic Subtype)
---2010 A 3-Medium ------G4 S3S4
Natural
Community
6267 High Elevation Granitic
Dome
---1992-06-29 B 3-Medium ------G2G3 S3
Natural
Community
787 High Elevation Red
Oak Forest (Stunted
Woodland Subtype)
---2010 B?3-Medium ------G2 S2
Natural
Community
17738 Montane Oak--Hickory
Forest (Acidic
Subtype)
---2010 A 4-Low ------G4G5 S4S5
Page 2 of 5
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Natural
Community
6439 Piedmont/Mountain
Semipermanent
Impoundment
(Montane Marsh
Subtype)
---1999-08-23 B 3-Medium ------G3 S3S4
Reptile 13790 Crotalus horridus Timber Rattlesnake 1946-07 H 4-Low ---Special
Concern
G4 S3
Reptile 23733 Plestiodon anthracinus Coal Skink 1979-09-22 H 3-Medium ---Significantly
Rare
G5 S2S3
Vascular Plant 8507 Aconitum reclinatum Trailing Wolfsbane 1982 H 4-Low ---Significantly
Rare
Throughout
G3G4 S3
Vascular Plant 29354 Corallorhiza maculata
var. maculata
Spotted Coralroot 1976-08-15 H 3-Medium ---Significantly
Rare
Peripheral
G5T5 S1
Vascular Plant 9551 Gentianopsis crinita Fringed Gentian 1968-Pre H 5-Very
Low
---Threatened G5 S1
Vascular Plant 6486 Glyceria laxa Lax Mannagrass 1945-08-12 H 3-Medium ---Significantly
Rare
Peripheral
G5 S2
Vascular Plant 23934 Hackelia virginiana Virginia Stickseed 1968-Pre H 5-Very
Low
---Significantly
Rare
Peripheral
G5 S2
Vascular Plant 18769 Rhododendron vaseyi Pink-shell Azalea 1932-08-27 H 3-Medium ---Significantly
Rare Limited
G3 S3
Vascular Plant 12069 Robinia hartwigii Hartwig's Locust 1982-08-14 H 3-Medium ---Significantly
Rare Limited
G3T2 S1S2
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Cole Mountain/Shortoff Mountain R3 (High)C4 (Moderate)
Henry Wright/Kelsey Hemlock Forests R1 (Exceptional)C3 (High)
Pinky Falls/Olive Preserve R3 (High)C3 (High)
Page 3 of 5
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
Nantahala National Forest - Nantahala Ranger
District
US Forest Service Federal
Highlands-Cashiers Land Trust Easement Highlands-Cashiers Land Trust Private
Highlands-Cashiers Land Trust Preserve Highlands-Cashiers Land Trust Private
Kelsy Registered Heritage Area US Forest Service Federal
Henry M. Wright Preserve Dedicated Nature
Preserve
Highlands-Cashiers Land Trust Private
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on January 7, 2020; source: NCNHP, Q4 Oct 2019.
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
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Page 5 of 5
North Carolina County Boundary
Watersheds with Known NLEB Maternity Trees or Hibernation Sites
M a c o n C o .
M a c o n C o .
J a c k s o n C o .
J a c k s o n C o .
S w a i n C o .
S w a i n C o .
C l a y C o .
C l a y C o .
G r a h a m C o .
G r a h a m C o .
National Geographic, Esri, DeLorme, HERE, UNEP-WCMC, USGS, NASA,ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp.
U.S. Fish & Wildlife ServiceNorthern Long-Eared Bat Consultation AreasMacon County
USFWS Ecological ServicesAsheville, North CarolinaMap Date: 2/3/2016
0 5 Miles
0 5 Kilometers[GA
KY
NC
SC
TN
VA
Black box indicateslarge map extent
If your project falls within the red areas identified in Macon County, please contact the USFWS Asheville Field Office.
Attachment B: Photolog
Photo 1. Aerial overview of the project.

Photo 2. Impact to Norton Prong (S5). Installation of a 20’ long culvert.

Photo 3. Proposed access route over Norton Prong. Impacts to Wetland 4 (W4) in
background.
Photo 4. Sothern end of fill impacts to W4 in foreground.