20221084 Ver 1_401 Application_20220811

Staff Review Form
NORTH CAROLINA
EnNmnmenfei Qea(Uy
Updated September4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20221084
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
No
Andrew Moore:eads\awmoore3
Asheville Regional Office - [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:
7/12/2022
Project Contact Information
Name: Eric Romaniszyn
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Kingfisher Lane
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Henderson
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Kingfisher Lane PCN package.pdf 8.47MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
This is a PCN application package, it was submitted to the Corps on July 15. It is being submitted as after -the -
fact because of a Notice of Violation issued by NC DEQ on June 9, 2022 for steambank stabilization work that
was completed without a permit.
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: 08.11.2022
Is filled in automatically.

CLearWaLer
An EnviroScience Company
ClearWater Environmental Consultants, Inc.
www.cwenv.com
July 15, 2022
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: 196 Kingfisher Lane (+/- 165 If)
Nationwide Permit 13 Request
Mills River, Henderson County, North Carolina
Dear Mr. Brown and Mr. Wojoski,
The attached Pre -Construction Notification (PCN) request is being submitted on behalf of
Ekaterina Elistratova, the property owner of the project site at 196 Kingfisher Lane, Mills River,
NC. The project length is +/- 165 linear feet and is Henderson County parcel #9651045801. The
applicant is seeking an after -the -fact Nationwide Permit 13 for permanent stream impacts
associated with a streambank stabilization project. The property owners were issued a Notice of
Violation #NOV-2022-CV-0014 on June 9, 2022.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish
and Wildlife Service; and Mr. Andrew Moore, NCDEQ Division of Water Resources - Asheville
Office.
Sincerely,
Eric Romaniszyn
Senior Scientist
Ad
R. Clement Riddle, P.W.S.
Senior Scientist
Copy issued:
NC DEQ Division of Water Resources, Asheville Office — Andrew Moore
NC WRC — Andrea Leslie
US FWS, Asheville Office — Byron Hamstead
145 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW —
u
1. Project Name: Kingfisher Lane Permit
2. Work Type: Private
3. Project Description / Purpose:
Institutional
Government
Commercial
To protect +/- 171 linear feet of streambank using rock and concrete block armoring. This is an
after -the -fact permit submittal.
4. Property Owner / Applicant:
5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company
Ekaterina Elistratova
6. Related Action ID Number(s): DEQ Notice of Violation #NOV-2022-CV-0014
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site is located at 196 Kingfisher Lane, Mills River, NC. The coordinates are:
latitude 35.386956, longitude -82.555692.
8. Project Location - Tax Parcel ID: 9651045801
9. Project Location — County: Henderson
10. Project Location — Nearest Municipality or Town : Mills River
11. Project Information — Nearest Waterbody: Mills River
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad - 06010105
Authorization: Section 10
Regulatory Action Type:
Section 404
❑ Standard Permit
✓ I Nationwide Permit # 13
n Regional General Permit #
n Jurisdictional Determination Request
Section 10 & 404
Pre -Application Request
Unauthorized Activity
n Compliance
❑ No Permit Required
Revised 20210513

Ler
An EnviroScience 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
I, the current landowner/managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of jurisdictional determination requests and permits to
impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404
of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USACE
or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of
Engineers to enter upon the property herein described for the purposes of conducting
onsite investigations and issuing a determination associated with Wetlands and Waters
of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act
and/or Section 10 of the Rivers and Harbors Act of 1899.
Property Owner of Record: -�/ /I%� ei/cS / 0e-097' )"
Property Owner Address: 1/yL.r-7eC,
e// /VC' Z77s,
Phone Number: O d- TO ' / - / ‘g7
Email address: e-.o%hq-Z-1�99 9
Property Location:
Owner/Managing partner Signature:
Owner/Managing printed name: E44-/ `,2-1ti4��--
Date:
1

Parcel Information

Henderson County, NC
Tax Parcel Report
Thursday, July 14, 2022
WARNING: THIS IS NOT A SURVEY
Parcel Information
REID:
Listed to:
Mailing Address:
Mailing City, State, Zip:
Physical Address:
Deed:
Date Recorded:
Revenue Stamps:
County Zoning:
Property Description:
Map Sheet:
Assessed Acreage:
Building Value:
Land Value:
Value To Be Billed:
9960799
ELISTRATOVA, EKATERINA
115 BEAVER DAM RD
MILLS RIVER, NC 28759
196 KINGFISHER LN
001035/00047
2000-08-31 00:02:00.0
76
Cities
MILLS RIVER VILLAGE L018 PHII-A
PLSLD-2610
9641.00
0.80000000
$249,500.00
$72,300.00
$321,800.00
North Carolina Senate District 48
Pin:
Neighborhood:
Township:
Municipality:
Tax District:
Plat:
Elementary School District:
Middle School District:
High School District:
Soil:
Voting Precinct:
Commissioner District
Agricultural District
North Carolina House District
U.S. House District
Flood Zone:
9641045801
MILLS RIVER VILLAGE
Mills River
MILLS RIVER
MILLS RIVER TOWN
Not Available
MILLS RIVER
RUGBY MIDDLE
WEST HIGH
Delanco (dillard) loam, 2 to 7
percent slopes
Mills River North
3
None Found
117
11
Zone X, Not Shaded (Areas
outside of the floodplain),Zone
AE, 1% (100 Year
Floodplain),Floodway Areas in
Zone AE,Zone X, Shaded, 0.2%
(500 Year Floodplain)
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P: [phone]
F: [phone]
THIS IS NOT A SURVEY.
All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital
media, shall be at the users€T.s own risk. Henderson County makes no warranties or guarantees, including the warranties of
merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic,
legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined
by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information
System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608).

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the Corps:
❑ Section 10 Permit
X Section 404 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
lc. Has the NWP or GP number been verified by the Corps?
❑ Yes X No
1 d. Type(s) of approval sought from
the DWQ (check all that apply):
— Regular ❑ Non-404 Jurisdictional General Permit
— Express ❑ Riparian Buffer Authorization
X 401 Water Quality Certification
❑ 401 Water Quality Certification
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
For the record only for Corps Permit:
❑ Yes X No
❑ Yes X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes X No
1 g. 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:
Kingfisher Lane
2b. County:
Henderson
2c. Nearest municipality / town:
Mills River
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Ekaterina Elistratova
3b. Deed Book and Page No.
001035/00047
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
196 Kingfisher Lane
3e. City, state, zip:
Mills River, NC 28759
3f. Telephone no.:
828-489-7687
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:
X Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Eric Romaniszyn
5b. Business name
(if applicable):
ClearWater Environmental Consultants, an EnviroScience Company
5c. Street address:
145 7th Avenue W; 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
la. Property identification no. (tax PIN or parcel ID):
9641045801
1 b. Site coordinates (in decimal degrees): Latitude: 35.386956 Longitude: -82.555692
1 c. Property size:
0.8 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Mills River
2b. Water Quality Classification of nearest receiving water:
WS-III
2c. River basin:
French Broad
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:
See Attachment A.
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: 171
3d. Explain the purpose of the proposed project:
See Attachment A.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A.
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 X 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 X No ❑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
la. Which sections
❑ Wetlands
were completed below
for your project (check all that apply):
❑ Buffers ❑ Open Waters ❑ Pond Construction
X Streams — tributaries
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
Mills River
PER
Corps
60
165
S2 -
Choose one
-
-
S3 -
Choose one
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
165
3i. Comments:
The river bank was stabilized with rip -rap.
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, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project was already complete at the time of ClearWater's site visit on June 21, 2022.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
It is ClearWater's understanding that the block wall was installed approximately 10 feet back from the river's edge and that the rip rap was placed at
the same time as the block. Also, no machinery was in the water at any time, all work was completed from high ground.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
No
❑ Yes X
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes X No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
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:
This is a stream bank stabilization project. There are no impervious surfaces being constructed.
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?
Henderson County/Town of Mills River
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
X Phase II
❑ NSW
❑ USMP
X 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
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑ Yes X No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑Yes ❑ No
lc. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
❑ Yes ❑ No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
X Yes ❑ No
2b. Is this an after -the -fact permit application?
X Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
A concrete block wall (165 If) was constructed to stop the heavy streambank erosion that was occurring on the property. Riprap was also placed at
the base of the wall along the river side. No federal or state permits were acquired for this work. A Notice of Violation from DEQ was issued on June
9, 2022 (see Attachment C).
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
❑Yes X No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project's purpose was to stabilize the river bank for a single-family residence. It was completed with no intention for additional development which
could impact 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.
There is no wastewater being generated by this 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
habitat?
❑ No
X Yes
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes
X No
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS IPAC weblink, NHP Natural Heritage Data Explorer (see Attachments A for additional comments and D for data sources information)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes
X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ No
X Yes
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See Attachment A.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ No
X Yes
8b. If yes, explain how project meets FEMA requirements:
Construction has already been completed.
8c. What source(s) did you use to make the floodplain determination?
FEMA Map number 3700964100J, effective date October 2, 2008 (Figure 5).
Eric Romaniszyn
Applicant/Agent's Printed Name
G
July 15, 2022
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

Figures 1 - 5

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Attachment A
PCN Comments

PCN Form Additional Information
Section B.3a Project Description — Existing conditions and land use
The project site is at a private residence in a residential subdivision in the Town of Mills River,
Henderson County, NC. The property is bordered by the Mills River to the north, Kingfisher Lane
to the south, and single-family residences to the east and west. Agricultural land is present on the
opposite side of the river and further to the east of the residences. Vegetated cover on the project
site is nearly all mowed grass with few trees and shrubs. From the project site, the Mills River
flows east approximately 1.6 miles to the French Broad River.
Section B.3d Explain the purpose of the proposed project.
The purpose of this project was to stop heavy riverbank erosion from occurring on a private
residence. The property owners stated several feet of bank have eroded in recent years and
several large trees were lost. Because no Army Corps 404 permit or DEQ 401 certification were
acquired before work was competed, DEQ issued a Notice of Violation on June 9, 2022. This
application is to acquire after -the -fact permits for the work completed.
Section B.3e Project Description — Details
The owners hired a private contractor to install a concrete block wall along 165 linear feet of the
riverbank on their property. The wall was installed approximately 10 feet back from the river's
edge and backfilled with dirt and rock and seeded with grass. Rip -rap was also placed at the same
time along the river at the base of the wall. Representative photographs are included in
Attachment B. No details on engineering design or installation techniques are available but it is
our understanding that no machinery was in the water at any time and all work was completed
from high ground.
Section F.5d Endangered Species and Designated Critical Habitat — Sources
Information about federally threatened and endangered species and critical habitat was gathered
using the USFWS and NC Natural Heritage Program on-line tools (Appendix D). Habitat within
and adjacent to the project area is riverine, mowed grass, forested floodplain, and upland forest.
According to the USFWS, no critical habitat for federally threatened or endangered species is
present within the project area. A wetland delineation was not performed for this project but no
indicators of wetlands were observed; habitat directly adjacent to the bank restoration work is
mowed grass.
The USFWS I PaC "Official Species List" identifies eight species as potentially occurring within the
project boundary:
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bog turtle
Glyptemys muhlenbergii
Threatened (Similarity of Appearance)
Bunched arrowhead
Sagittaria fasciculata
Endangered
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcher -plant
Sarracenia rubra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Small whorled pogonia
lsotria medeoloides
Threatened
Swamp pink
Helonias bullata
Threatened

The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and
rivers with cool, well -oxygenated, moderate- to fast -flowing water, similar to what is found in the
Mills River near the project site. It has been observed in gravelly substrates often mixed with
cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy
substrates (Department of the Interior 1994). The NHP database indicated an Element
Occurrence (EO) for Appalachian elktoe within the project area in 2020. This EO is for an
occurrence of Appalachian elktoe within the French Broad River. Because construction has
already been completed, it is the opinion of ClearWater that the project is not likely to adversely
affect Appalachian elktoe. If additional construction work is required, best management practices
should be implemented to consider erosion and siltation effects downstream.
The USFWS's "Northern Long -Eared Bat Consultation Areas" map for Henderson County was
reviewed. The project location is greater than 5 miles from a HUC listed as having known
occurrences of hibernation or maternity sites. Also, no tree -clearing will occur for this project.
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 gray bat (caves), bog turtle (mountain bog), bunched
arrowhead (wetland), mountain sweet pitcher plant (mountain bog), small whorled pogonia (older
hardwood stands of beech, birch, maple, oak, and hickory with open understory) or swamp pink
(wetland) were observed on site. Therefore, it is ClearWater's opinion that the project is not likely
to adversely affect these species.
The NHP database indicated one Natural Area within the project boundary, the French Broad
River/Mills River Aquatic Habitat, which is considered Exceptional. Because construction has
already been completed, it is the opinion of ClearWater that the project is not likely to adversely
this Natural Area. If additional construction work is required, best management practices should
be implemented to consider erosion and siltation effects downstream.
There are also four Managed Areas within one -mile but it is ClearWater's opinion that the project
will not impact these areas due to the limited scope of work being restricted to the project site.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
Data were gathered from National Register of Historic Places records maintained by the NC State
Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service (accessed
July 14, 2022).
There are two properties approximately one mile from the project area. The Merchant -Goodson
House (status: DOE, site ID #HN0239) is located to the southwest on State Route 191, and Mills
River Chapel (status: NR, site ID #HN0044) is to the east on State Route 1328 (Old Turnpike
Road).
Project activities will be confined to the property and will not affect any adjacent or surrounding
properties. Therefore, it is the opinion of ClearWater that project activities will not adversely affect
any historic properties in the surrounding area.

Attachment B
Photo Log

t
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Apr 25,2022.Sao PM
Photo 1. Kingfisher Lane Project Site (facing river from house),
before bank erosion and wall construction (April 25, 2022)
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Photo 2. Kingfisher Lane Project Site (facing downstream)

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Photo 3. Kingfisher Lane Project Site (facing upstream)

Attachment C
NC DEQ Notice of Violation letter

DocuSign Envelope ID: 507A1429-BB6B-4CAD-B156-31 B53C76BCOE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
June 9, 2022
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7021 2720 0000 1259 2596
Ekaterina Eli stratova
115 Beaver Dam Road
Mills River, NC 28759
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
196 Kingfisher Lane (PIN 96541045801)
NOV-2022-CV-0014
Failure to Secure 401 Water Quality Certification
Henderson County
Required Response Date: July 11, 2022
Dear Ms. Elistratova:
On June 7, 2022, Andrew Moore from the Asheville Regional Office of the Division of Water
Resources (DWR) conducted a site inspection of your property at the subject address. The
inspection was conducted in response to a complaint regarding work in the Mills River on the
property. No one was present on the property at the time of the inspection.
During the site inspection, a concrete block wall was observed to have recently been constructed
on the streambank of the Mills River (Class WS-III) impacting approximately 165 feet of the
river.
As a result of the site inspection and file review, the following violation was identified:
VIOLATION
I. Failure to Secure a 401 Water Quality Certification (WQC) — Title 15A NCAC 02H
.0500 requires water quality certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into
jurisdictional waters, including wetlands, as described in 33 CFR Part 323. A file review
confirmed that a 401 WQC has not been issued for the concrete block wall construction
in the Mills River.
GDE
NORTH CAROLINA
DeporMaM of Environmental (WM\
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: 507A1429-BB6B-4CAD-B156-31 B53C76BCOE
Ekaterina Elistratova
June 9, 2022
Page 2 of 3
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter by July 11, 2022. Your response should be
sent to the attention of Andrew Moore at the footer address or [e-mail]
and should address the following:
Please explain why these impacts occurred without prior authorization.
Two (2) options exist to resolve the 401 Water Quality Certification violation:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 permit pertaining to the
concrete block wall. A 401 WQC will be required if the activities are permitted by the
Corps. The application process as described does not guarantee the impacts will be
approved.
2. Restore the river to its pre-existing condition.
If pursuing Option 1:
1. Contact the U.S. Army Corps of Engineers to determine the permitting needs of the
activities you have undertaken. The Asheville office phone number is [phone].
2. Provide a proposed schedule of when you expect to have the required permit application
(401 WQC application) submitted to DWR.
If pursuing Option 2:
Submit a Restoration Plan to this office for review and approval. The plan must include
the removal of the impacts, restoration of the stream channel, as well as the restoration of
the river banks and buffer along the river.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above -
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur.

DocuSign Envelope ID: 507A1429-BB6B-4CAD-B156-31 B53C76BCOE
Ekaterina Elistratova
June 9, 2022
Page 3 of 3
Should you have any questions regarding these matters, please contact Andrew Moore at (828)
296-4684 or [e-mail].
Sincerely,
DocuSigned by:
7E617A38285848C...
G. Landon Davidson, P.G, Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: David Brown — US Army Corps of Engineers
Andrea Leslie — North Carolina Wildlife Resources Commission
DWR 401 & Buffer Permitting Unit file

Attachment D
Threatened and Endangered Species Data

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0063573
Project Name: Kingfisher Lane
July 14, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

07/14/2022 2
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

07/14/2022 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

07/14/2022 2
Project Summary
Project Code: 2022-0063573
Event Code: None
Project Name:
Project Type:
Kingfisher Lane
Stream Preservation
Project Description: A streambank stabilization project for a private residence, approximately
165 linear feet
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.3871027,-82.5555900792181,14z
q;r
•
47
Counties: Henderson County, North Carolina

07/14/2022 3
Endangered Species Act Species
There is a total of 9 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
Fisheries, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Reptiles
NAME
Bog Turtle Glyptemys muhlenbergii
Population: U.S.A. (GA, NC, SC, TN, VA)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6962
Clams
NAME
Appalachian Elktoe Alasmidonta raveneliana
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/5039
STATUS
Endangered
Threatened
STATUS
Similarity of
Appearance
(Threatened)
STATUS
Endangered

07/14/2022 4
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Candidate
STATUS
Bunched Arrowhead Sagittaria fasciculata Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1720
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
No critical habitat has been designated For this species.
Species profile:https://ecos.fws.gov/ecp/species/4283
Small Whorled Pogonia Isotria medeoloides Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

07/14/2022
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.

07/14/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle
Protection Act2.
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 Treaty Act 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.
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws.gov/ecp/speci es/1626
Black -billed Cuckoo Coccyzus erythropthalmus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https://ecos.tws.gov/ecp/species/9399
Breeds Sep 1 to
Aug 31
Breeds May 15
to Oct 10

07/14/2022 1
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
■ Palustrine

07/14/2022 2
IPaC User Contact Information
Agency:
Name:
Address:
Address Line
City:
State:
Zip:
Email
Phone:
ClearWater Environmental Consultants
Eric Romaniszyn
145 7th Avenue West
2: Suite B
Hendersonville
NC
28792
[e-mail]
8654061281

■n•
In■ NC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
•
July 14, 2022
Eric Romaniszyn
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Sylva, NC 28792
RE: Kingfisher Lane; 16519
Dear Eric Romaniszyn:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-18649
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/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler(ancdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
@ 121 W, JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.9120 • FAX [phone]

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Page 3 of 5

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NCNHDE-18649: Kingfisher Lane
July 14, 2022
Managed Area (MAREA)
NHP Natural Area (NHNA)
Buffered Project Boundary
Project Boundary
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Attachment E
NC DEQ 30 Day Prefile

Eric Romaniszyn
From: Eric Romaniszyn
Sent: Tuesday, July 19, 2022 3:57 PM
To: 401 PreFile
Subject: Kingfisher Lane Project prefile
Project Name: Kingfisher Lane
County: Henderson
Applicant Name: Homeowner: Ekaterina (Katrina) Elistratova (Agent: ClearWater Environmental Consultants, an
EnviroScience Company)
Applicant Email: [e-mail] (agent)
Note: Please be aware the Kingfisher Lane application is being submitted as an after the fact project. This is the
prefiling for that project. It is being submitted after the fact because of a Notice of Violation issues by NC DEQ on
June 9, 2022 for steambank stabilization work that was completed without a permit."
**Please note that multiple projects may be submitted within the same email by supplying all the above information for
each project.
***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if
necessary use that copy in application/form submittal
Eric
Eric Romaniszyn
Senior Scientist
EnviroSciencelnc.com
"Excellence in Any Environment"
C. 865-406-1281
From: Montalvo, Sheri A <[e-mail]>
Sent: Tuesday, July 19, 2022 3:47 PM
To: Eric Romaniszyn <[e-mail]>
Subject: RE: [External] RE: kingfisher lane
Yes, still needs a pre filing done. You can add in the pre filing email
something like this:
"please be aware project (name of project) is being submitted as an after the fact project. This is prefiling for that
project. The project is being submitted after the fact because (reason)."
Just so it is on file.
1