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HomeMy WebLinkAbout20221230 Ver 1_401 Application_20220908Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* 20221230 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Amy Annino:eads\amannino Asheville Regional Office - (828) 296-4500 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 6/7/2022 Project Contact Information Name: Britten Yant Who is submitting the information? Email Address: britten@cwenv.com Project Information Project Name: Reflections on the Pond (NOV-2022-PC-0059) 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) Haywood Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Reflections at the Pond PCN Application 9.7.2022.pdf 30 Day Notice.pdf Only pdf or kmz files are accepted. 11.55MB 103.39KB Describe the attachments or comments: The attached "After -The -Fact" Pre -Construction Notification (PCN) is being submitted on behalf of Micheal D. and Deborah N. Crawford. The project site consists of +/- 16.06 located at 355 Johnson Drive, Canton, in Haywood County, North Carolina. The applicant is seeking a Nationwide Permit 39 for the authorization of a stream and wetland impact associated with recent clearing and grading activities for wedding venue parking. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie with the NC Wildlife Resources Commission, Mr. Byron Hamstead of the US Fish and Wildlife Service and Ms. Amy Annino at NCDEQ Division of Water Quality. An application was submitted to the Army Corps of Engineers Asheville Field Office as well. 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: qiaor Submittal Date: Is filled in automatically. DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 CLeaer An EnviroScience Company ClearWater Environmental Consultants, Inc. www.cwenv.com September 7, 2022 Ms. Brooke Davis US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Mr. Paul Wojoski NC DWR, 401 Permitting & Buffer Unit 512 N. Salisbury Street, 9th Floor Raleigh, North Carolina 27604 RE: Reflections at the Pond Nationwide Permit 39 After -The -Fact Application NOV-2022-PC-0059 Haywood County, North Carolina Dear Ms. Davis and Mr. Wojoski, The attached "After -The -Fact" Pre -Construction Notification (PCN) is being submitted on behalf of Micheal D. and Deborah N. Crawford. The project site consists of +/- 16.06 located at 355 Johnson Drive, Canton, in Haywood County, North Carolina. The applicant is seeking a Nationwide Permit 39 for the authorization of a stream and wetland impact associated with recent clearing and grading activities for wedding venue parking. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie with the NC Wildlife Resources Commission, Byron Hamstead of the US Fish and Wildlife Service. Sincerely, is,„DocuSigned by: AE92310EDC6E42D... Britten Yant, P.W.S. Biologist [- DocuSigned by: 2. c 21;0(. 0A79F7DC85EE4F7... R. Clement Riddle, P.W.S Senior Scientist CC: NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Byron Hamstead 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Preliminary Data Entry Fields for New Actions SAW — 1. Project Name: Reflections at the Pond 2. Work Type: Private n Institutional n Government n Commercial n 3. Project Description / Purpose: After the fact permit application for fill in wetlands and streams for the Reflections on the pond Event Center. 4. Property Owner / Applicant: Micheal D. Crawford and wife Deborah N. Crawford 5. Agent / Consultant: ClearWater, an EnviroScience Company 6. Related Action ID Number(s): N/A 7. Project Location - Coordinates, Street Address, and/or Location Description: The project has a physical address of 355 Johnson Drive in Canton, NC. The project is located in Haywood county at the following coordinates: 35.524530, -82.827936. 8. Project Location - Tax Parcel ID: 8666-07-7863 9. Project Location — County: Haywood 10. Project Location — Nearest Municipality or Town : 11. Canton Project Information — Nearest waterbody: UT to Pigeon River 12. Watershed / 8-Digit Hydrologic Unit Code: French Broad - 06010106 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 39 n Regional General Permit # n Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance n No Permit Required Revised 20210513 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 aearWater L.'mrD& Rc. vor P Depanmcnt of the Army Wilmington Lhstrict. Corps of Engineers Attn: Scott 'McLendon. Chief Regulatory. Division PO Bor. 1 190 Wilmington. NC 28402-1 ii90 -and- NC DWR. Webscapc Unit Attn: Paul Wojoslci 512 North Salisbury Street Raleigh, North Carolina 27604 1. the current tandowncrrmanaging partner of the property identified below. hereby authorize CleitrWater Environmental Consultants. Inc. IC'EC t to act on my behalf as my agent doing the processing of jurisdictional determination requests and permits to impact Wctlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and or Section l0 of the Rivers and Harbors Au of 1899. CLC is authorized to provide supplemental infarmation as needed at the request of the USAGE or DWR_ Additionally. I authorize representatives of the Wilmington District. US Army Corps of Engineers to enter upon the property herein dcscnbcd for the purposes of conducting onsnc investigations and issuing a determination associated with Wetlands and Waters of the US sullied to I-ederal jurisdiction under Section 404 of the Clean Water Act and`or Section 10 of the Rivers and 1 Larhors Act of 1899. Property Owtter of Record: in IC+1 .4 .04__ -t C 4-t-<.)Fge.D Property Owner Address: 5 z:;› y 4 t, � l fie v� DR . CAST'', N C • 2..6?7/ _ PhoncNumbcr. .28 - 6LIB G5 C - 02a-73y-7a2.$- Email address:�L�C Property Location: r{ 841 i-z+ff&5 ate. ' /VC- 2S7/4. OwneriManaging Fianna Signature: %ice Ownerihlanaging pnnted name: %vj, - '4- L. C ' --,oveD Date: 7 -Z - 22 145 7tln Avenue Wes. Suite B Ilendcisuov NC 28792 Phone: t;2i4-6911-9100 uw.cwcm.cnnt DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Deed/Property Information In-,— ---,a nnnonnconn n- 7- 7no n..-,., n.71 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 TriANSFEr, MADE. ON 1 1.0 �7. i 1 Y FECr. D !1-08 By here are no delinquent taxes due th a a tier: against parcel number(s}1f,l((t (1 L L 3 Davidn� ici , Haywood County Tax Collector Date: N �_.___— Excise Tax: $ 650.00 IIII IIIIIIIII IIII ID 1 IIIIU 2008006833 HAYWOOD CO, NC FEE $20.00 STATE OF NC REAL ESTATE EXTX $660.00 PRESENTED d RECORDED: 06-11-2008 01:39:17 PM AMY R. MURRAY REGISTER OF DEEDS BY. REBECCA CEDRONE ASSISTANT BK: RB 738 PG: 971-973 NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No.y.cA6-a7_7g, Verified by County on the day of , 20_ By: Mail/Boxto: JAMES W KIRKPATRICK, ITI t7 RRANNFR AVFNT IF, WAYNFSVIT I F, NC 28786 This instrument was prepared by: JAMES W. KIRKPATRICK, 111, 37 BRANNER AVENUE WAYNESVILLE. NC 28786 Brief description for the Index: THIS DEED made this 1 T th day of Line , 20jg, by and between GRANTOR NEAL EDWARD LIPHAM and wife, LISA LYNN LIPHAM GRANTEE MICHAEL D. CRAWFORD and wife, DEBORAH N. CRAWFORD 50 11 4 r;,re. C0f4-o/1t NL Z$7 l b The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of CANTON , R E A V F R DA M Township, N aywnnyl County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" ATTACI-IED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book page NC Bar Association Forrn No. L-3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 Innnnonnconn n.,—.., non DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the forego ij g as of the day and year first above written. ,a/' —/(SEAL) (Entity Name) By: Title: By: Title: By: Title: L SA LYNN LIPHAM (SEAL) (SEAL) State of North Carolina - County of HayWnndl I, the undersigned Notary Public of the County and State aforesaid, certify that NEAL EDWARD LIPHAM and wife, LISA LYNN LIPHAM personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. W. ss my hand and Notarial stamp or seal this I I th day of _ 20 08 `,���utisiiirtolioI My Commission Expires: �, ►., 1� /� _ Nolnr ";'��, Notary Public MyCoywooa �Ubllc Z — �missln or+nty = ▪ ZO 0/22j202 xblres\ 1;5, fore me this day and acknowledged that _he is the ///"/,,ti oa R off\ ��''\. , a North +ilitli�l� corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of , 20_. be State of North Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that personally came My Commission Expires: Notary Public State of North Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of , 20_. My Commission Expires: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant - Register of Deeds NC Bar Association Form No. L-3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 7—4-4 nnnonnconn -7n0 n.,—„ non DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 • EXHIBIT "A" TRACT I: BEING the same property conveyed from Therissa Deaton Cabe and husband, Ray Walter Cabe; Emma Deaton Morgan. Mary Francis Holland and husband, Bob Holland, Sr.; James M. Deaton, Jr., and wife, Christine Deaton to William Carroll Johnson by deed dated August 14, 1998 and recorded in Deed Book 467, page 1805, Haywood County Registry. TRACT II BEING the same property conveyed from Charles Smathers Johnson and wife, Frankie Collins Johnson, Frances Johnson Deaton and Evelyn Johnson and husband, William Carroll Johnson to William Carroll Johnson by deed dated September 14, 1976 and recorded in Deed Book 283. page 860, Haywood County Registry. SUBJECT TO Right of Way Agreement in Deed Book 466, page 592, Haywood County Registry, ALSO SUBJECT TO possession agreement in Deed Book 449, page 1625, Haywood County Registry. BEING the same property described in deed dated October 1, 1998 from William Carroll Johnson, (single) to Neal Edward Upham, recorded in Deed Book 468, page 152, Haywood County Registry. CRAWFORD, MICHAEL D 1355 JOHNSON DR TaxYear:2022 Valuation Year:2021 ID:2023270 Group:0 6/28/2022 8:48:33 AM Page 1 of 2 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 TAX CODES 20' 20, 20, 68553 02-BEAVERDAM I 8666-07-7863 F03 LO1A I C01 I SALE DATE SALE PRICE VALID BOOK/PAGE DATE APP BY PREVIOUS VALUE 06/11/2008 325000 738/971 04/15/2020 EDS LAND 0 NEIGHBORHOOD LAND MODEL ACRES BUILDINGS 0 02R012 16.1300 TOTAL 0 MTHD TYPE ACR/ SOFT RD CODE / ADJUSTMENT PUV APPRAISED VALUE DEFERRED USE VALUE EX 24' GF 24' 23' 8' MA 28' 28' AC HP 1.000 P V50 52,500 AC OP 10.700 P 93,600 AC WD 1.060 P 9,300 AC W 2.370 P 10,400 AC CP 1.000 P V50 75,000 GENERAL REMARKS 51' 28' PT 51' • METHOD R DESCRIPTION 1.0/S BUILDING DEPRECIATION % COMPLETE USE TOTAL BUILDING VALUE SECTIONS 3 REMARKS PHYS I FUNC I I I ECONOMIC! I 100 D 250,300 # ROOMS FEATURES REPLACEMENT VALUE 281,195 TYPE AREA OCC WL HGT STO RIES EXT WAL BASE MENT BSMT% FINSHD RECRM% FINSHD FUS UUS ATTIC BED BATH FIREPLACE OPEN/STACK HEAT AIR SPRNKLR PERIMET R GRAD E YR BLT EFF AGE CDU DESIG N PHY DEP FUNC DEP MKT FAC REP VALUE DEP TAX VALUE MA 1,828 SF 1.00 BV 3 2.1 P C+ 1999 1999 G 243,469 216,700 PT 1,428 1.00 15,708 14,000 GF 576 1.00 BV 22,018 19,600 MTHD TYPE COUNT WIDTH LNGTH AREA STORIES EXTWALLWALL AIR HEAT GRADE YR BLT EFF AGE CDU FUNC DEP ECONOMIC DEPR. TAX VALUE REMARKS O PT 1.000 12 40 480 C 2011 2011 G 3,200AROUNG POOL IRR 12X40 O SWP 1.000 11 30 330 C 2011 2011 G 13,200 IRR 11X30 O GZB 1 1.00 C 2002 2002 A 1,000 GAZEBO 1.0/S FR O BHS 1.000 20 19 380 1.00 LS C 2011 2011 G 10,900 1.0/S FR 20X19 O PT 1.000 4 16 64 C 2011 2011 G 500 ATTACHED TO BHS 1.0/S 4X16 Haywood County - Property Record Card APPRAISED VALUE SUMMARY USE VALUE SUMMARY TOTAL TAX VALUE LAND BUILDING LAND BUILDING 1,080900 240,800 840,100 CRAWFORD, MICHAEL D 1355 JOHNSON DR Tax Year: Valuation Year: ID: Group: 6/28/2022 8:48:33 AM Page 2 of 2 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 TAX CODES 68553 02-BEAVERDAM I 8666-07-7863 F03 L01A I C01 SALE DATE SALE PRICE VALID BOOK/PAGE DATE APP BY PREVIOUS VALUE 06/11/2008 325000 738/971 04/15/2020 EDS LAND NEIGHBORHOOD LAND MODEL ACRES BUILDINGS 02R012 16.1300 TOTAL MTHD TYPE ACR/ SOFT RD CODE / ADJUSTMENT PUV APPRAISED VALUE DEFERRED USE VALUE EX 10 OP 90 30 1a• 90 CMA is OP l2 sa 40 GENERAL REMARKS 120 METHOD C DESCRIPTION 1.0/S BUILDING DEPRECIATION % COMPLETE USE TOTAL BUILDING VALUE SECTIONS 3 REMARKS REFLECTIONS AT THE POND PHYS I FUNC I I I ECONOMIC! I 100 SCF 561,000 # ROOMS FEATURES REPLACEMENT VALUE 596,774 TYPE AREA OCC WL HGT STO RIES EXT WAL BASE MENT BSMT% FINSHD RECRM% FINSHD FUS UUS ATTIC BED BATH FIREPLACE OPEN/STACK HEAT AIR SPRNKLR PERIMET R GRAD E YR BLT EFF AGE cDu DESIG N PHY DEP FUNC DEP MKT FAC REP VALUE DEP TAX VALUE CMA 5,100 CM 16 1.00 HP FP1 1/1 P 330 B 2017 2017 G 568,590 534,500 OP 168 1.00 4,840 4,600 OP 900 1.00 23,344 21,900 MTHD TYPE COUNT WIDTH LNGTH AREA STORIES EXTCMPLT WALL AIR HEAT GRADE YR BLT EFF AGE CDU FUNC DEP ECONOMIC DEPR. TAX VALUE REMARKS Haywood County - Property Record Card APPRAISED VALUE SUMMARY USE VALUE SUMMARY TOTAL TAX VALUE LAND BUILDING LAND BUILDING DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 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: 39 or General Permit (GP) number: N/A lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ Yes X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X No 2. Project Information 2a. Name of project: Reflections at the Pond 2b. County: Haywood 2c. Nearest municipality / town: Canton 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Micheal D. Crawford and wife Deborah N. Crawford 3b. Deed Book and Page No. BK: RB738 PG:971-973 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 50 Valley View Drive 3e. City, state, zip: Canton, NC, 28716 3f. Telephone no.: 828-648-4865 3g. Fax no.: N/A 3h. Email address: debcnc@yahoo.com Page 1 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 4. Applicant Information (if different from owner) 4a. Applicant is: X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Britten Yant 5b. Business name (if applicable): ClearWater Environmental Consultants, an EnviroScience Company 5c. Street address: 145 7th Avenue West, Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: N/A 5g. Email address: byant@enviroscienceinc.com Page 2 of 10 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 8666-07-7863 lb. Site coordinates (in decimal degrees): Latitude: 35.52453 Longitude: -82.827936 lc. Property size: 16.06 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Pigeon River 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: French Broad - 06010106 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The +/- 16.02 acre property is developed as a wedding venue. An existing pond fed by the UT to the Pigeon River sits in the center of the property. The dominant vegetation onsite is maintained turf. The surrounding general land use is primarily residential land. 3b. List the total estimated acreage of all existing wetlands on the property: 0.01 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 416 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide a flat outdoor event space and/or overflow parking area on the parcel and dredge upper end of pond. 3e. Describe the overall project in detail, including the type of equipment to be used: Please Reference Attached Supplemental Information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ 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 ❑ No X Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. N/A Page 3 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Wetlands 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 P Fill Non -Tidal Freshwater Marsh No 401/404 0.2 W2 P Dredge Non -Tidal Freshwater Marsh No 401/404 0.1 W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.3 2h. Comments: After -The -Fact Impacts. 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 Culvert UT to Pigeon River PER 401/404 3.7 140 S2 T Culvert UT to Pigeon River PER 401/404 3.7 20 S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 160 3i. Comments: After -The -Fact Impacts. The 20 feet of culvert will be removed and restored to existing grade. The permanent stream impact area is 0.014 acres. Page 4 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to 72% of on -site stream (approximately 416 linear feet) on the parcel was avoided. The 20 feet of temporary culvert will be removed and restored to existing grade. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The applicant utilized silt fencing to help prevent potential sediment and turbidity from leaving the fill area. The applicant seeded and matted the disturbed area to quickly reestablish vegetation. During the temporary culvert removal, all construction equipment will be operated from high ground. Work is to be performed in the dry. Pump around / dewatering details are included (Figure 5.1). 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 X Yes ❑ 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank fee program Mitigation X Payment to in lieu ❑ Permittee Responsible 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 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. X Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0.3 acres 4f. Non -riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres 4h. Comments: Please Reference Attached Supplemental Information. 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. N/A Page 6 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 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: The project will not result in greater than 24% imperviousness. A Stormwater Management Plan is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A 2e. Who will be responsible for the review of the Stormwater Management Plan? N/A 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Haywood County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? 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 "Notification of Violation" letter dated March 18, 2022 was issued by the Division of Water Resources (DWR) in response to a complaint that a culvert was being installed in an Unnamed Tributary (UT) to the Pigeon River (Class C). This after -the -fact permit application is part of the effort to resolve the violation. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? ❑Yes X No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The +/- 16.02 acre property is developed as a wedding venue. The project is located in a previously developed residential area. The project will not result in additional development which could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated from the existing wedding venue is discharged and treated through the existing municipal sewer system. No new sewer connection is needed for this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ No X Yes 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Please Reference Attached Supplemental Information. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Impacts will not occur in a marine system. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Please Reference Attached Supplemental Information. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes X No 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA Map Number 3700866600J, effective 04/03/2012 (Figure 6). Britten Yant Applicant/Agent's Printed Name DocuSigned by: 9/7/2022 Date AE92310EDC6E42D.. Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Supplemental Information Reflections on the Pond PCN Application Section B. Project Information and Prior Project History, 3e.: This after -the -fact permit application accounts for stream and wetland impacts that occurred during site development. The impacts consisted of culverting a stream; dredging and filling wetlands on the eastern side of the existing pond for the purpose of constructing additional flex area that could be used for a flat event space and overflow parking. This application is intended to address the Notification of Violation" letter dated March 18, 2022 issued by the Division of Water Resources (DWR). Stream impact length and wetland impacts for dredging and filling were estimated from aerial photographs. A 20 linear foot culvert existed prior to site development within the unnamed tributary near the eastern property boundary. Impacts to Waters of the US are further depicted in Figure 5.0. Typical earth -moving equipment has been/will be utilized onsite in order to complete the project (excavator, dump truck, etc.). Section D. Impact Justification and Mitigation, 4h.: An NCWAM form could not be completed for the wetland impacts as this is an after -the - fact application. Based on past aerial imagery, the wetland was primarily herbaceous with a few small shrub scrub species formed by sediment entering the pond over time. Mitigation for the 0.3 acres of wetland impact is proposed at a 1:1 ratio and will be paid as an In -Lieu Fee to the NCDEQ Division of Mitigation Services (DMS). An In -Lieu Fee Acceptance Letter from DMS was received on August 1, 2022 (Attachment A). Section F. Endangered Species and Designated Critical Habitat, 5d: An Official Species List was obtained for the project through the USFWS Information for Planning and Consultation (IPAC) process on June 28, 2022 (Attachment B). ClearWater consulted the FWS's interactive mapper for watersheds (HUC 12) in North Carolina known to contain hibernation or maternity sites for NLEB. The project site is approximately 8.8-miles from the nearest documented NLEB occupied watershed. Because the project site is greater than 0.25 miles from a known hibernaculum and greater than 150 feet from a known maternity roost tree, this project satisfies the 4(d) rule and consultation with US Fish and Wildlife Service (USFWS) is not required. 1 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 A review of the NC Natural Heritage Program database on June 28, 2022 indicated that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. One documented occurrence of a federally protected species (Appalachian Elktoe— Alasmidonta raveneliana) was listed as occurring within one mile the project boundary. It is the opinion of ClearWater that the project will not adversely affect the Appalachian Elk Toe. Section F. Supplementary Information, 7b.: ClearWater reviewed the National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service. The following sites were found within a 0.5-mile radius of the project boundary: Site ID Status Site Name HW0157 DOE - Determined Eligible Sharpe -Owen House HW0267 DOE - Determined Eligible United States Post Office HW0158 DOE - Determined Eligible Central United Methodist Church HW0155 DOEHD - Determined Eligible Historic District Hampton Heights Historic District HW0019 NR - National Register Colonial Theater HWO160 NRHD - National Register Historic District CANTON MAIN STREET HISTORIC DISTRICT It is the opinion of ClearWater that the proposed project will not affect the integrity of any of these historic places. A Historic Resources Map depicting the locations of these sites is included as Figure 7. Several additional properties found in the search were listed by SHPO as "Surveyed Only" with no further status given. It is the opinion of ClearWater that the proposed project will not affect the integrity of any of these sites. 2 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Figures 1-7 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Legend Project Boundary `os Rd Q` 0 u m Evergreen y tte Packaging • New Clyde Hwy 4.5 44 W elV`'0 Birch st Qenland St 215 Pisgah School Rry GoveRd Kim Drawn by: BVVY 6.24.22; CEC Project# 16120" 81-40Y Cir ° a (SSt y0 0� rO ee co Canton Hr9h1JhaS1nsory j �`,, J 0 coflog sr yr f2d ev+/otord Rd ti V a E < 1 0 n Lit Mountain Rd Project Boundary cc h°tt 0. a ORd •sorry F 6 JT a e.eYnacs 4r Asheville t R��nnl't` Haywood County, North Carolina CLearWater An EnviroScience Company Site Vicinity Map Figure 1 145 7th Avenue West, Suite B Hendersonville, NC 28792 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Haywood County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 USGS Topographic Map Canton Quad Figure 2 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Project Boundary . Drawn by: BVVY 6.14.22; CEC Project# 16120 Haywood County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 Aerial Photograph NC OneMap (2019) Figure 3 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Legend Project Boundary Soil DsC - Dillsboro loam DuC - Dillsboro-urban land complex HaD2 - Hayesville clay loam HeC; HeD - Hayesville-Urban land complex W - Water Drawn by: BVVY 6.28.22; CEC Project# 1612 Haywood County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 USDA Soil Map Figure 4 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Legend Culvert - To Be Removed Permanent Culvert Prior Existing Stream Wetland - Dredge Wetland - Fill Project Boundary Impact W2 - 0.100 AC Wetland - Dredge Drawn by: BVVY 9.7.22; CEC Project# 16120 Impact ID Perm. or Temp. Type of Impact W1 W2 S1 S2 Impact W1 - 0.200 AC Wetland - Fill Permanent Permanent Permanent Temporary Fill Dredge Culvert Culvert Area 0.2 0.1 0.014 0.002 Length N/A N/A 140 20 Impact S1 - 140 LF/0.014 AC Culvert Impact S2 - 2OLF/0.002 AC Culvert To Be Removed/Channel Restored Prior Stream Total 160 LF/0.0136 AC Project Boundary Haywood County, North Carolina CLearWater An EnviroScience Companya Impact Map Figure 5.0 145 7th Avenue West, Suite B Hendersonville, NC 28792 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) r APPROVED DEWATERING DEVICE SECTION A -A IMPERVILYJs SHEETING WORK AREA CROSS SECTION OF SANDBAG LIKE DISCHARGE HOSE WORK J A LENGTH NOT TO EACEED THAT WiACH CAN BE COMPLETED A4 ONE DAY PLAN VIEW BASE FLOW +rFoot (7FEETION) STREAMDIVERSIGW PUMPS INTAKE HOSE SGMP.IR7LE OR POOL (12' TO I DEEP, 20) €Ww A PUMP ARCM) I3 UTILIZED AS A METHOD OF DIVERSION FOR AN EXISTING STREAM WATER, PURPOSE TOISOLATE THEJUWSDIOTTOM4L WATERFROM THE WORK AREA ANSTALLADON -PLACE WATERTIGHTDIKESINTHE WATERWAY UPSTREAM 4'DDOWNSTREAMOFTHE WOW AREA. - PULP WATER FROM THE LIPS MEW MA AROUND THE WORT[ AREiI,. AND OUTLET ONA STA9f,8 OUTLET (I I,.UII I YRIP7;AP9 ON THE RAW OF THE INATERWAYDOHNSTi2 4MOF THEDOWNSTREAMOKE - PEW SHOULD BE S2E0 TO ENSURE WATER DOES NOT OVERTOP THE COFFER C4MAND ALLOW WATER INTO THE WORX AREA - STREAM WATER SHOTILD NOT BEALLOWED TO FLOW THROUGH WORKARE4 UNTIL THE AREA IS CO WIFIELYSTABLE WHICH INCLUDES THE FINAL SHAPING OF THE DISTURBED STREAM RANKS AND STAMRIZATION OF THOSE RANKS WITH WRAP, EROSION CONTROL ETANKETS. ETC. INSPEGIXIN - MISPECTR4IL YDURIVO PUMP AROU OPERATIONS - INSPECTSTABL.E OUTLET AND ENSURE STREAM BANK IS NOT ERODING - MONITOR THE CREEK WATER LEVEL LESTREAM TO ENSURE PIASW ISADEQUATELY WED AND WATER DOES NOT FLOW OVER COFFER DAM -MONITOR THE WEATHER FORECAST ANDAMTIGIPATFINCREASES IN STREAM WATER LEVELS. MAINTENANCE - ADJUST OUTLETSIMULATION IPBANCEROSIONS NOTN A, -ADJUSTRUMP CAPACITY AS NEEDED TO HANDLE STREAM WATER muse. - FIX LEAKS OR OTHERW4SF STA&LIZE EWES IF WATER IS 9ACX FLOWING INTO WCRX AREA. PUMP AROUND PRACTICE NOT TO SCALE Drawn by: BWY 8.1.22; CEC Project# 16120 Haywood County, North Carolina CLearWaber An EnviroScience CompanyL, 145 7th Avenue West, Suite B Hendersonville, NC 28792 Pump Around Detail Figure 5.1 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Project Boundary Future Conditions 1%Annual Chance Flood Hazard Area with Reduced Risk Due to Levee Drawn by: BWY 6.2822; CEC Project# 1612 Haywood County, North Carolina CLearWater An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 Zone X -Area of Minimal Flood Hazard FEMA Flood Map Number: 3700866600J Effective Date: 04/03/2012 Figure 6 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Reflections at the Pond (+1- 16.06 AC) Legend Project Boundary NC State Historic Preservation Office Listings 10.5 Mile Search Radius e•� HW0267 j HW0019 * p atR 1 ?. • Iat er 9e v 5 1 S � 3 qeOa aLn ' m s' q ^N I w Dr tkain Canton Memorial Park II tra Substa/to/ Rd m ool Rd m .a/Dr Pi a 4011 Site ID Status Site Name HW0157 DOE- Determined Eligible Sharpe -Owen House HW0267 DOE- Determined Eligible United States Post Office HW0158 DOE- Determined Eligible Central United Methodist Church HW0155 DOEHD- Determined Eligible Historic District Hampton Heights Historic District HW0019 NR- National Register Colonial Theater HWO160 NRHD- National Register Historic District CANTON MAIN STREET HISTORIC DISTRICT HW0158' ---_ s�✓'' y = e3 aF Canton HW0157 1 s` HWO160 z HW0155 sda`�er� `rkrand Mann st h a. F Pennsylvania Ave h North side S, Hrrs n'o" e Sr4 a` I Ars 1 r�J'Bv —gah Dr StN ti 1 Vance St U Q North St / Wesr 1 Sr I 44 00. IIC. • y B erg Hayfield D, Crestview St 'r' rn 0 Ward St ryes c Y Sr Me. ra -/. Sua,m%i /'Asheville Hwy Dta Cove Rd u• / rce 4'i ys oorre, co Wolf Rdg elmont St m Haywood Dr o 00 x "Surveyed Only (SO), Blockface (BF) and Surveyed Removed (SD) listings not shown Drawn by: BWY 6.14.22; CEC Project# 16120 Haywood County, North Carolina t7 limb 00., S an c tua� Gibson St u2 Undue wn o east Asa evllle HwY �eHolticlaw Rd o a b School E` Gibsontown Project Boundary lakeviek, Dr R paaicYDt Asalee Dr e ), co Shull 01r Kr`aY 5 3 0\' a 1,b n `dill Bailey In n „a Qsey CLearWater An EnviroScience Companya 145 7th Avenue West, Suite B Hendersonville, NC 28792 LIford D, Isra Historic Resources Map NC SHPO Data Base Figure 7 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Attachment A: Division of Mitigation Services In -Lieu Fee Acceptance Letter DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality August 1, 2022 Mike and Deborah Crawford Reflections at the Pond 50 Valley View Drive Canton, NC 28716 Expiration of Acceptance: 2/1/2023 Project: Reflections at the Pond County: Haywood The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity French Broad 06010106 Riparian Wetland 0.30 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Britten Yant, agent fD_E DepaftreMl of EEY'un fl t I Qhle Sincerely, Adivi.lacevy?,,„ FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Attachment B: Threatened and Endangered Species Information DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2022-0058445 Project Name: Reflections on the Pond June 28, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 06/28/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: hops://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 06/28/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 06/28/2022 2 Project Summary Project Code: 2022-0058445 Event Code: None Project Name: Reflections on the Pond Project Type: Commercial Development Project Description: After -the -fact permit application for culvert installed by land owner. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.5251093,-82.82901206810482,14z •-ri sr • .4r Jr_ Counties: Haywood County, North Carolina DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 06/28/2022 3 Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 STATUS Indiana Bat Myotis sodalis There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5949 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 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 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Endangered Endangered Threatened STATUS Endangered STATUS Candidate DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 06/28/2022 4 Flowering Plants NAME Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 Lichens NAME STATUS Threatened STATUS Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 06/28/2022 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 NLEB Occupied HUC 12 in North Carolina LVaynesvi Ile Northern Long Eared Bat Occupied 12-digit Hydrologic Units in North Carolina Esri, NASA, NGA, USGS I Buncombe County, NC, State of North Carolina DOT, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 AMU NC DEPARTMENT OF ■ ■•■E NATURAL AND CULTURAL RESOURCES • ■■■ June 28, 2022 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 145 7th Avenue West Hendersonville, NC 28792 RE: Reflections on the Pond; 16120 Dear ClearWater Environmental Consultants, Inc.: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-18454 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, Land and Water 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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Reflections on the Pond Project No. 16120 June 28, 2022 NCNHDE-18454 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Group Amphibian 18092 Freshwater 13495 Bivalve Freshwater 23485 Bivalve Freshwater Fish26671 Mayfly 34623 Vascular Plant 23933 Observation Date Cryptobranchus Eastern Hellbender 2020-08-27 alleganiensis alleganiensis Alasmidonta Appalachian Elktoe 2020-08-18 raveneliana Lampsilis fasciola Wavyrayed 2020-08-18 Lampmussel Percina squamata Olive Darter 2014-05-21 Tsalia berneri a mayfly 1999-12-15 Hackelia virginiana Virginia Stickseed 1968-Pre Vascular Plant 23969 Orbexilum onobrychis Lanceleaf Scurfpea 1891-07-17 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name epresentational Rating FRB/Pigeon River Aquatic Habitat R3 (High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Town of Canton - Canton Recreation Park Town of Canton - Sorrells Street Park Town of Canton Open Space Town of Canton Open Space Town of Canton Open Space Town of Canton Open Space Town of Canton Open Space O�cvner� Town of Canton Town of Canton Town of Canton Town of Canton Town of Canton Town of Canton Town of Canton Element Occurrence Rank BC Accuracy Federal State Status Status i Mk ilk 3-Medium Special G3T2 S3 Concern Global State Rank Rank B 3-Medium Endangered Endangered G1 S1 E 3-Medium E 3-Medium H? 3-Medium H 5-Very Low H 5-Very Low Collective Rating C4 (Moderate) Owner Type Local Government Local Government Local Government Local Government Local Government Local Government Local Government Special G5 S2 Concern Special G3 S2 Concern Significantly G4 S3 Rare Significantly G5 S2 Rare Peripheral Special G5 SH Concern Historical Page 2 of 4 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 Managed Areas Documented Within Managed Area Name Town of Canton Open Space Town of Canton Open Space NC Hazard Mitigation Buyout Property - Canton NC Hazard Mitigation Buyout Property - Canton NC Hazard Mitigation Buyout Property - Canton NC Hazard Mitigation Buyout Property - Canton NC Hazard Mitigation Buyout Property - Canton NC Hazard Mitigation Buyout Property - Canton NC Hazard Mitigation Buyout Property - Canton USFWS Critical Habitat - Appalachian Elktoe NC Land and Water Fund Conservation Agreement a One -mile Radius of the Project Area Owner Town of Canton Town of Canton NC DPS, Division of Emergency Management NC DPS, Division Management NC DPS, Division Management NC DPS, Division Management NC DPS, Division Management NC DPS, Division Management NC DPS, Division Management US Fish and Wildlife Service NC DNCR, NC Land and Water Fund of Emergency of Emergency of Emergency of Emergency of Emergency of Emergency Owner Type Local Government Local Government State State State State State State State Federal State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on June 28, 2022; source: NCNHP, Q1, April 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 DocuSign Envelope ID: 4EBA705E-4049-4B7E-9EFD-D1109E53B367 NCNHDE-18454: Reflections on the Pond �a 0.28 0.55 1.1 Miles s June 28, 2022 Managed Area (MAREA) © NHP Natural Area (NHNA) Buffered Project Boundary Project Boundary Sources. Esri, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NOEAS. NLS. OS, NMA. Geodatastyrelse , Rijkswaterstaat GSA, Geoland FEMA, Intermap and the GIS user community Sources. Esri, HERE. Garmin. FAO. NOAA, USGS. © OpenStreetMap contributors, and the GIS User Community Page 4 of 4 Britten Yant From: Britten Yant Sent: Tuesday, June 7, 2022 4:25 PM To: 401PreFile@ncdenr.gov Subject: 401/Buffer Pre -filing Meeting Request Please fill out the following information: Project Name: Reflections on the Pond (NOV-2022-PC-0059) County: Haywood Applicant Name: Michael and Deborah Crawford Applicant Email: britten@cwenv.com (Consultant) **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. 1