20231030 Ver 1_Cover Letter and Attachments_20230721

-0- WithersRavenel
.. our People. Your Success.
July 21, 2023
US Army Corps of Engineers
Asheville Regulatory Field Office
Mitchell Anderson
151 Patton Avenue
Room 208
Asheville, NC 28801
NC -Division of Water Resources
401 & Buffer Permitting Unit
Ms. Stephanie Goss
1617 Mail Service Center
Raleigh, NC 27699
Re: Maggie Valley WWTP Levee Repair - NWP 3 PCN Submittal
Maggie Valley, Haywood County
WR Project #08221122.00
Mr. Anderson and Ms. Goss,
On behalf of the town of Maggie Valley, we are requesting authorization from the USACE to use
NWP 3, as well as requesting a 401 WQC NC DWR, for the following impacts for repair of the
Maggie Valley Wastewater Treatment Plant levee.
Proposed Impact Table
Feature
Type of Impact
Impact Specification
Impact Area
LF
SF
AC
Temporary Construction
Stream
Temporary
Access
208
4,932.87
0.113
Bank Stabilization
Stream
Permanent
(Fill/Grading)
102
1,059.60
0.024
Stream
Permanent
Rip Rap
95
671.32
0.015
The proposed total permanent impacts to jurisdictional waters are 0.039 acres and therefore the
project is eligible for authorization under NWP 3.
The proposed project consists of the repair of the existing failing levee and the removal of
accumulated sediments within the stream along the levee. The levee provides flood protection for
the town's Wastewater Treatment Plant (WWTP) and must be repaired to prevent a catastrophic
failure which could result in flooding of the WWTP lagoons and cause the release of sewage
wastewater into Jonathan Creek. The town has received an Emergency Management Disaster
Relief and Mitigation Grant (DRMG) to fund the repairs.
The proposed project is located along the access road to the Maggie Valley WWTP in Haywood
County (Lat: 35.598509°N;-83.006175°W).
The project is in the French Broad River basin (HUC: 060101060204) and onsite waters drain to
Jonathan's Creek. The Water Quality Classification for Jonathan's Creek is C; Tr and the Stream
Index Number is: 5-26-(7).
Proposed Project
The purpose of the proposed project consists of the replacement of the failing FEMA-certified
levee that provides protection to the WWTP from an oxbow of Jonathan's Creek. The levee was
115 MacKenan Drive I Cary, NC 27511
t: 910.469.3340 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington

Maggie Valley WWTP Levee Repair 4: WVi th ersRave n e l
Maggie Valley, Haywood Co.
NWP 3 PCN Submittal Our People. YourSur�-
built into the stream bank and is experiencing significant erosion. In past years streamflow has
been greatest in the main channel of Jonathan's Creek however, recent flooding and storm events
has shifted a greater volume of streamflow into the oxbow and against the levee located
immediately adjacent to the WWTP and access road. This greater flow volume has resulted in
significant erosion at the base of the levee. This erosion became more evident following the
passing of remnants of Hurricanes Michael and Florence in short succession that flooded
Jonathan's Creek.
The levee is built into the existing streambanks and is part of the WWTP property. The repair of
the levee is critical in safeguarding the plant and its continued operation, as well as protection of
the water quality of Jonathan Creek, which is classified as Trout water. Should the levee fail during
a flood event, the entire WWTP would be flooded, resulting a release of raw sewage into Jonathan
Creek. The town proposes to stabilize the base of the levee and stabilize the streambanks using
boulder toe, vegetated soil lifts, and rip rap. These methods have been successfully deployed in
streams throughout North Carolina and combine a nature -based approach to mimic natural stream
structures that resist erosive flows.
The proposed activities will occur within an area of the levee that has historically been lined with
filter fabric and covered with a variety of riprap (see attached photo documentation). There is no
substantial woody vegetation growing within the project area. The proposed activities will only
result in the removal of one potential tree currently growing along the stream. The proposed
planting of the soil lifts will provide vegetative stabilization that doesn't exist now, which is an
overall improvement to the existing conditions.
Project History
WR concedes the oxbow off Jonathan's Creek is jurisdictional to both USACE and NCWWR.
The surrounding area is mowed/maintained and the WWTP access road is immediately adjacent
to the oxbow, and there are no wetlands or other streams present within the project area.
WR contacted the NC Wildlife Resources Commission (NCWRC) regarding any specific
construction moratoriums or other restrictions for trout waters. In an email dated 8/25/2022,
NCWRC responded that instream work should not occur during trout reproduction season of
October 15-April 15. A copy of the correspondence with NCWRC is attached.
Proposed Impacts
Proposed permanent stream impacts of 197 If (0.039 ac) are necessary for repair of the existing
FEMA-certified levee protecting the WWTP. The proposed levee repair includes the use of
boulders, vegetated soil lifts, and rip rap. Bank stabilization using boulder toe, and vegetated soil
lifts will result in impacts of 102 If/0.024 acres (Impact S2). Various methods of levee repair have
been explored but boulder toe and vegetated soil lifts are the preferred combination due to
relative ease of construction, reduced impacts, long term stability/protection and cost. Soil lifts
will be vegetated with bare root seedlings comprising native tree species. Some areas near the
access road will benefit from the addition of rip rap fill to help stabilize the levee. The rip rap areas
total 95 If/0.015 acres (Impact S3).
The oxbow normally only has very little flow confined to the thalweg except for immediately after
a significant rain event that causes water levels within the main channel of Jonathan Creek to rise
high enough to flow into the oxbow. During construction activities,191 LF/4,528 SF of the oxbow
will be dewatered using coffer dams and pump around to allow for construction equipment to
Page 2 of 4

Maggie Valley WWTP Levee Repair 4: WVi th ersRave n e l
Maggie Valley, Haywood Co.
NWP 3 PCN Submittal ❑urPeople. YourSur�-
operate in the creek bed while installing the boulder toe and soil lifts. This area has been assessed
as temporary stream impacts (impact S1). During construction, matting will be placed on the
stream bed to minimize disturbance of the substrate during operation of construction equipment.
Upon completion of construction, the matting will be removed and any disturbed areas within the
stream bed will be restored to pre -construction grades, and the coffer dams will be removed. It is
estimated that construction will take no more than 2 weeks, with dewatering of the oxbow only
being 2-3 days.
Construction will be scheduled during a period with no forecasted rainfall. In the event of an
unexpected storm event during construction, the contractor has committed to stop construction
activities and implement temporary stabilization to prevent loss of sediment.
No additional stream impacts and no wetland impacts are proposed for the project.
Avoidance and Minimization
Proposed impacts for the repair of the existing and failing levee are necessary to protect the
WWTP and water quality of Jonathan Creek and therefore are unavoidable. Without corrective
actions to repair the levee, the WWTP that serves 1,905 customers is at risk of flooding and
becoming inoperable, as well as polluting Jonathan Creek. Additionally, the levee protects the
access road to the plant and is itself at risk by being located along the top of the structure. It is
impracticable to not make the repairs as the integrity of the levee is increasingly vulnerable. The
methods chosen to repair the levee have been successfully deployed in streams throughout North
Carolina and combine a nature -based approach to mimic natural stream structures that resist
erosive flows and minimize stream channel impacts.
Construction activities requiring construction equipment to operate within the oxbow will be
minimized to only 2-3 days. Matting will be placed on the oxbow bed to minimize disturbance to
the substrate within the bed of the oxbow. Upon completion of construction, the matting will be
removed and any disturbed areas within the stream bed will be restored to pre -construction
grades, and the coffer dams will be removed to restore flow. It is estimated that construction will
take no more than 2 weeks, with dewatering of the oxbow only being 2-3 days.
Construction will be scheduled during a period with no forecasted rainfall. In the event of an
unexpected storm event during construction, the contractor has committed to stop construction
activities and implement temporary stabilization to prevent loss of sediment.
Access during construction will occur from the existing access road and temporary easement areas.
Additionally, sediment and erosion control measures will be installed prior to construction. Work
within the stream channel will not occur during the trout moratorium period from October 15-
April 15. Lastly, disturbed non -riparian areas will be seeded with fast growing grasses for
stabilization while riparian areas will be seeded with a riparian seed mix where appropriate.
Stream Mitigation
The proposed project will result in 0.039 acres and 197 linear feet of permanent
stream/streambank impacts. These impacts are below mitigation thresholds; therefore, the
applicant does not propose mitigation. Additionally, the proposed activities will eliminate the
current erosion issues, thereby eliminating sediment input into Jonathan Creek and improving the
overall water quality.
Page 3 of 4

Maggie Valley WWTP Levee Repair
Maggie Valley, Haywood Co.
NWP 3 PCN Submittal
4: WithersRavenel
Our People. Your Succ-
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely,
WithersRavenel
Rick Trone
Environmental Scientist
Attachments:
• PCN Form
• Pre -Filing Meeting Request Email
• Agent Authorization Form
• Aerial Exhibit
• USGS Quads
• Haywood County Soil Survey
• USFWS IPaC Species List
• NCNHP Project Review Letter
• NCWRC Email on Trout Moratoriums
• Impact Exhibits
• Photographic Documentation
• Construction Plans
• DRMG awarded to the Town of Maggie Valley
Page 4 of 4

■■ WithersRavenel
lipOur People. Your Success.
PRE -FILING MEETING REQUEST

From:
Trone, Rick
To:
401PreFile(c ncdenr.aov
Subject:
Maggie Valley WWTP Levee Repair (WR#08221122.00)
Date:
Thursday, March 23, 2023 10:14:00 AM
Attachments:
imaae001.pna
imaae002.pna
imaae003.ona
imaae004.pna
imaae005.pna
imaae006.pna
On behalf of the Town of Maggie Valley, we are requesting a Pre -filing meeting for the following
project:
Project Name: Maggie Valley WWTP Levee Repair
County: Haywood
Applicant Name: Town of Maggie Valley
Applicant Contact: Mike Mehaffey
Applicant Email: mmehaffeyna maggievalleync.gov
Applicant Phone: [phone]
Thank you,
.40. Rick Trone
oENVIRONMENTAL SCIENTIST II
t:919.469.3340 d:919.238.0420
Cary.NC WITH ERSRAVEN EL.COM

\/ WithersRavenel
1/ Our People. Your Success.
AGENT AUTHORIZATION FORM

4-40 WithersRavenet
/ Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Municipality Town of Maggie Valley (Client) does hereby appoint
WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of
appropriate environmental permit applications/requests for the Maggie Valley WWTP
Levee Repair proiect.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. [phone]
Date:
Signature of Client:
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AERIAL EXHIBIT

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HAYWOOD CO. SOIL SURVEY (1970)

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■■ WithersRavenel
lipOur People. Your Success.
USFWS I PaC SPECIES
LIST

6/19/23, 1:44 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species %444\,
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section. %:Dll %W
Location 011
Haywood County, North Carolina
i
PF
Local office
Asheville Ecological Services Field Office
k. [phone]
Q [phone]
1(;n 7iIhrna StrPPt
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Asheville, NC 28801-1082
IPaC: Explore Location resources
�o�
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6/19/23, 1:44 PM IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis
of project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required. -V %
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly. 440 -J
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
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IPaC: Explore Location resources
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Gray Bat Myotis grisescens Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6329
Indiana Bat Myotis sodalis Endangered
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Proposed Endangered
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Insects
NAME
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Candidate
STATUS
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Small Whorled Pogonia Isotria medeoloides Threatened
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1890
Lichens
NAME
STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3933
Critical habitats 4< 114
Potential effects to critical habitat(s) in this location must be analyzed along wito\tO
endangered species themselves.
There are no critical habitats at this locat
qF*
all above listed species. ,
Bald & Golden Eagles
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act and
the Migratory Bird Treaty Act.
Any person or organization who plans or conducts activities that may result in impacts to
bald or golden eagles, or their habitats, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gov//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
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6/19/23, 1:44 PM IPaC: Explore Location resources
measures.pdf
There are bald and/or golden eagles in your project area.
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 Breeds Sep 1 to Aug 31
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.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report. T
Probabilityof Presence J
O
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence
at week 12 (0.25) is the maximum of any week of the year. The relative probability of
presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
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3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bars survey effort range, simply hover your mouse cursor over the bar.
No Data (—) P %
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe Ssm� %
\\40
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
Or
.r probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle ���.. - 1Non-BCC 11111111111t` �1111.__ Ad 111-6
��4�,
`
Vulnerable
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN).. The
AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in
that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your
project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
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IPaC: Explore Location resources
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
1
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.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov//program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
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
https://ipac.ecosphere.fws.gov/location/21WB2U23GFGN5PBUJOZUHAQSIE/resources 8/15

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IPaC: Explore Location resources
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 Breeds Sep 1 to Aug 31
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.
Black -billed Cuckoo Coccyzus erythropthalmus ".Breeds May 15 to Oct 10
This is a Bird of Conservation Concern (BCC) throughout its t
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9399eW4&4
Black -capped Chickadee Poecile atricapillus practicus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
'k
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Golden -winged Warbler Vermivora chrysoptera
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8745
Northern Saw -whet Owl Aegolius acadicus acadicus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Breeds Apr 10 to Jul 31
Breeds May 20 to Aug 10
Breeds Mar 15 to Aug 25
Breeds May 1 to Jul 20
Breeds Mar 1 to jul 31
https://ipac.ecosphere.fws.gov/location/21WB2U23GFGN5PBUJOZUHAQSIE/resources 9/15

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Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and - %
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence ( ) -,.Is
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence
at week 12 (0.25) is the maximum of any week of the year. The relative probability of
presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
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Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used In order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
SPECIES JAN
Bald Eagle
Non -BCC
Vulnerable
Black -billed
Cuckoo
BCC Rangewide
(CON)
Black -capped
Chickadee
BCC - BCR
probability of presence
FEB MAR APR MAY JUN
Ron NONE.
X r _6L
breeding season I survey effort
JUL AUG IPSEP OCT NOV
A*111 Jill Jill Jill I
�Q---m Jill Jill Jill •--1 1----+.
Canada --+— ---+ +++' -4-+ IIII IIII II +++-,
Warbler
BCC Rangewide
(CON)
Chimney Swift . — — — --+— -111 Jill Jill Jill Jill Jill -+- +++-,
BCC Rangewide
(CON)
— no data
DEC
Golden -winged —��— --+— — 4- ++++ 11111111 HU +--- —4- +++-1 1 — . . — . .
Warbler
BCC Rangewide
(CON)
Northern Saw- —, 1 1 1 I I I 1 I I 1 I I I I 1 1 1 I 1 +++ 1— —
whet Owl
BCC -BCR
https://ipac.ecosphere.fws.gov/location/21WB2U23GFGN5PBUJOZUHAQSI E/resources 11 /15

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Prairie Warbler
BCC Rangewide
(CON)
Wood Thrush -. i i i I I I 1 1 1 1 Jill 1 1 1, 1 1• 1 1 1• 1 1 1 1, • 1-• •-
BCC Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when birds
are most likely to occur in the project area. When birds may be breeding in the area, identifying the
locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.
To see when birds are most likely to occur and be breeding in your project area, view the Probability of
Presence Summary. Additional measures or permits may be advisable depending on the type of activity
you are conducting and the type of infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN),. The AKN data is based on a growing collection of survey., banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and
citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
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IPaC: Explore Location resources
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their
range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and _
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in #A
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing). 5.00
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Alternately, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory
birds potentially occurring in my specified location". Please be aware this report provides the "probability
https://ipac.ecosphere.fws.gov/location/21WB2U23GFGN5PBUJOZUHAQSIE/resources 13/15

6/19/23, 1:44 PM
IPaC: Explore Location resources
of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project
footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black
vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is
the key component. If the survey effort is high, then the probability of presence score can be viewed as
more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a
lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look
for to confirm presence, and helps guide you in knowing when to implement conservation measures to
avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn
more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement
to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources
page.
Facilities
National Wildlife Refuge lands �%
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 at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory
(NWI)
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.
https://ipac.ecosphere.fws.gov/location/21WB2U23GFGN5PBUJOZUHAQSIE/resources 14/15

6/19/23, 1:44 PM IPaC: Explore Location resources
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or
for very large projects that intersect many wetland areas. Try again, or visit the NWI map to
view wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems. 5.00 %
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions r4A
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
#V-Iqk
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
https://ipac.ecosphere.fws.gov/location/21WB2U23GFGN5PBUJOZUHAQSIE/resources 15/15

■■ WithersRavenel
lipOur People. Your Success.
NCNHP PROJECT
REVIEW LETTER

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
June 19. 2023
Rick Trone
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: Maggie Valley WWTP Levee Repair; 08221122.00
Dear Rick Trone:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-22344
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:
httr)s://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 rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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NCWRC EMAIL ON TROUT
MORATORIUMS

Beasley, Troy
From: Leslie, Andrea J <[e-mail]>
Sent: Thursday, August 25, 2022 7:48 AM
To: Beasley, Troy
Subject: RE: [External] Trout Waters Question
Hi Troy,
That part of Jonathan Creek does support wild trout, and I often require a trout moratorium (avoiding in -
stream work during the trout reproduction season of Oct 15- April 15) for 401 /404 permits. That said, if
the work is emergency work, we can work with you to allow some wiggle room with that. That's the NCWRC
side of the trout equation.
In addition, as J Creek has a NCDWR trout classification, you'll need to coordinate with Stan Aiken of NC
Division of Energy, Mining, and Land Resources (NCDEMLR) if you intend on removing any woody
buffer. See this website for a FAQ brochure regarding trout
classificaitons: httos://deci.nc.Qov/about/divisions/water-resources/water-planning/classification-
standards/classifications
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.orQ
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Beasley, Troy <[e-mail]>
Sent: Wednesday, August 24, 2022 4:09 PM
To: Leslie, Andrea J <[e-mail]>
Subject: [External] Trout Waters Question
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good morning Andrea. We're working on a project in Maggie Valley for an emergency repair of the Jonathans Creek
levee at the Maggie Valley WWTP. Jonathans Creek has a surface water classification of C;Tr. We don't do a lot of work
in the Trout basins, so I wanted to check with you to see if there are any specific construction moratoriums for trout
waters, or any other specific restrictions.
Here's a google maps link to the location of the WWTP. https://goo.gl/maps/zUvJUtcBRcnnEPra7

Thanks!
Troy Beasley
219 Station Road, Suite 101 1 Wilmington, NC 28405
Office:910.256.9277 1 Direct:910.509.6512
Mobile: [phone]
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE

::WithersRavenel
Our People. Your Success.
IMPACT EXHIBITS

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PHOTOGRAPHIC DOCUMENTATION

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::WithersRavenel
Our People. Your Success.
Photo 3: View of oxbow levee in the northern extent of the project area, just west of entrance to WWTP.
Page 3 of 3

■■ WithersRavenel
lipOur People. Your Success.
CONSTRUCTION
PLANS

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■■ WithersRavenel
lipOur People. Your Success.
DRMG AWARDED TO
TOWN OF MAGGIE
VALLEY

Carolina Department of Public Safety
Management
Roy Cooper, Governor William C. Ray, Director
Eddie M. Buffaloe Jr., Secretary
June 8, 2022
Emergency Management Disaster Relief and Mitigation Grant
North Carolina Appropriations — Senate Bill 105, Sections 5.2(a-d), and Section 5.9(a)(3)
Mr. Nathan Clark
Town Manager
Town of Maggie Valley
3987 Soco Road
Maggie Valley, NC 28751
Dear Mr. Clark,
Period of Performance: 7/1/2022 to 3/1/2023
Project Title: Levee Protection for WWTP
Total Amount of Award: $359,345
MOA #: NCEM-DRMG1019
North Carolina Emergency Management (NCEM) is pleased to inform you that your grant
application for the Emergency Management Disaster Relief and Mitigation Fund has been selected
for funding up to the amount shown above. The final selection is conditioned on the return of the
attached Memorandum of Agreement (MOA), signed by the appropriately authorized
representative(s) within 45 days from the date of this letter to NCEMLTR.grant a,ncdps.gay . The
following completed documents must accompany the return of the MOA:
• W-9 (09 NCAC 03M .0202)
• Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)
• Conflict of Interest Policy (G.S. 143C-6-23.(b)
• Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c))
Payment of funds: The grant shall be effective upon final approval of the MOA by NCEM. Grant
firnds will be disbursed (according to the approved project budget) upon receipt of evidence that
funds have been invoiced and products received and/or that funds have been expended (i.e.,
invoices, contracts, itemized expenses, etc.) per the terms of the MOA.
Conditions: Recipient agrees that funds will only be expended to complete the approved project
not to exceed the funding amount during the designated period of performance. Recipient also
agrees to comply will all terms, conditions and responsibilities specified in the MOA, and to
comply with all applicable federal, state, and local laws, rules, and regulations in the
performance of this grant.
Supplanting: Recipient confirms that these grant fiinds will not be used to supplant or replace
local or state fiends or other resources that would otherwise have been available for this project.
Mailing Address:
4236 Mail Service Center
Raleigh, NC 27699-4236
1V1V%V.ucdps.gov
®v%nv.ReadyNC.gov
�swtd�,
An Equal Opportunity Employer
Office Location:
1636 Gold Star Drive
Raleigh, NC 27607
Phone: [phone]
Fax:[phone]

THIS AWARD IS SUBJECT TO FINAL APPROVE BY NCDPS.
If you have any questions please contact Jeff Welker, NCEM Long -Teem Recovery at 984-222-
4159 or Jeffrey. Welker(&nedps.gov.
Sinc el ,
e
(4//
wi prnC. R
Director, North Carolin E ergency Management

N*C
i
North Carolina Department of Public Safety
Emergency Management
Roy Cooper, Governor
Eddie M. Buffaloe, Jr., Secretary
William C. Ray. Director
Emergency Management Disaster Relief and Mitigation Grant (DRMG)
Memorandum of Agreement (MOA)
between
Grantor:
State of North Carolina
Department of Public Safety
Emergency Management
MOA# NCEM-DRMG1019
NCAS Cost Center: 2E02
1. Purpose
Recipient:
Town of Maggie Valley
3987 Soco Road
Maggie Valley, NC 28751
Award amount: $359,345
Period of performance: 7/l/2022 to 3/l/2023
The purpose of this Memorandum of Agreement (MOA) is to establish roles, responsibilities and
procedures to implement the terms and conditions for the above Grant. This MOA is to set forth
terms by which Grantor, State of North Carolina through NC Department of Public Safety
(NCDPS) / North Carolina Emergency Management (NCEM), shall provide funding to the
Recipient to facilitate flood mitigation efforts and more specifically to accomplish the Scope of
Work as outlined within the Grant Application (See Appendix 2)
2. Authority
This grant award and MOA are authorized under the provisions of: (1) NC Appropriations Act of
2021, Sections 5.2(a-d), and Section 5.9(a)(3) of Senate Bill 105 / SL 2021-180, (2) N.C.G.S.
§166A-19.12(13), and (3) FY 2021-2022 Disaster Relief and Mitigation Fund (NOFO):
The funds awarded under this grant must be used in compliance with all applicable federal, state,
local and tribal laws and regulations, including N.C.G.S. §§ 143C-6-21, 143C-6-22, 143C-6-23
and 09 NCAC 03M. By accepting this award, the Recipient agrees to use these funds in a manner
consistent with all applicable laws and regulations.
3. Compensation
Payment to Recipient for expenditures under this MOA will be reimbursed after Recipient's
(Requests for Reimbursement) is submitted and approved for eligible scope of work activity.
Mailing Address:
4236 Mail Service Center
Raleigh, NC 27699-4236
wvnv ncdps.gov
w-mm ReadyNC.gov
suac
An Equal Opportunity Employer
Office Location:
1636 Gold Star Drive
Raleigh, NC 27607
Phone:[phone]
Fax:[phone]

Grant funds will be disbursed upon receipt of evidence that funds have been invoiced, products or
services received (i.e., invoices, contracts, itemized expenses, etc.), and proof of payment is
provided (as outlined in Appendix 4).
Recipient must meet all reimbursement requirements contained herein. Non-compliance may
result in denial of reimbursement request(s) or suspension/revocation of grant funds awarded for
this project. See also paragraph 7 below regarding compliance.
4. Conditions
These funds are provided by Grantor (NCEM on behalf of State of North Carolina) The following
conditions must be adhered to during the entire duration of the grant program:
A. Recipient must:
i. Have a DUNS number prior to any funds being released. DUNS numbers
may be obtained from either of the following websites: www.dnb.com or
http://fedgov.dnb.com/webfonn. After April 4, 2022, Recipient will be required to
obtain a Unique Entity Identifier created in the System for Award Management
(SAM), if they do not already have one. Current SAM registrants have already been
assigned their Unique Entity Identifier and can view it within SAM. The Unique
Entity ID is currently located below the DUNS Number on the entity registration
record in SAM.
ii. Ensure their organization is registered with SAM. Every applicant is
required to have their name, address, DUNS number and EIN up to date in SAM,
and the DUNS number used in SAM must be the same one used to apply for all
awards from Grantor. SAM information can be found at http://www.sam.gov. After
April 4, 2022, the Unique Entity Identifier in SAM becomes the official identifier
for doing business with the U.S. Government.
B. Recipient must submit the following documents to Grantor at
NCEMLTR.GrantgNCDPS.gov upon execution and submission of this MOA:
i. W-9 (09 NCAC 03M .0202)
ii. Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)
iii. Conflict of Interest Policy (G.S. 143C-6-23.(b))
iv. Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-
23. c )
C. File Retention
Recipient is required to maintain records and (invoices) of this grant for five years after
termination of the grant, or audit if required, or longer where required by law. Recipient
must maintain a separate file for each grant award. However, if any litigation, claim or
audit has been initiated prior to the expiration of the five-year period, the records shall be
Page 2 of 22
Long -Term Recovery Grant Agreement V1.2022

retained until all litigation, claims or audit findings involving the records have been
resolved. The following files must be available for review by NCEM staff for site visits,
project closeout and audits:
i. Resolution or other official documentation relating to the acceptance or
adoption of the grant award.
ii. MOA, and supporting appendices.
iii. Completed appropriate reports with specifications, solicitations,
competitive quotes or proposals, basis for selection decisions, purchase orders,
contracts, invoices and proof(s) of payment.
iv. Audit findings and corrective action plans.
V. Request for Reimbursements and documentation
vi. Closeout Request and documentation
vii. Pre and Post photo documentation for all permanent work projects
5. Regulation
Recipient certifies that it understands and agrees that funds will only be expended for the project
as outlined in the grant application and incorporated by reference herein. The Recipient and
Grantor certify that each understands and agrees to comply with the general and fiscal terms and
conditions of the grant including special conditions; to comply with provisions of the applicable
laws, rules and policies governing these funds; that all information is correct; that there has been
appropriate coordination with affected agencies; that the Grantor is duly authorized to commit the
Recipient to these requirements; that costs incurred prior to grant application approval will result
in the expenses being absorbed by the Recipient; and that all agencies involved with this project
understand that all funds are limited to the period of performance.
6. Supplanting
Grant funds must be used to supplement existing federal, state and local funds for program activities
and must not replace (supplant) those funds that have been appropriated for the same purpose.
Jurisdictions must provide assurances and certifications as to non -supplanting and the existence of
proper administrative/ financial procedures as requested.
7. Compliance
Recipient shall comply with applicable federal, state, local and/or tribal statutes, regulations,
ordinances, licensing requirements, policies, guidelines, reporting requirements, certifications and
other regulatory matters for the conduct of its business and purchase requirements performed under
this MOA. Recipient shall be wholly responsible for the purchases made under this MOA and for
the supervision of its employees and assistants.
Page 3 of 22
Long -Term Recovery Grant Agreement V1.2022

Failure to comply with the specified terms and conditions of this MOA may result in the return of
funds and any other remedy for noncompliance and/or termination of the award per 09 NCAC
03M.0801. Additional conditions may also be placed on the Recipient for noncompliance with
the specified terms and conditions of this MOA, including, but not limited to, additional
monitoring and possible placement of Recipient on the Suspension of Funding List (SOFL)
maintained by the State Office of State Budget & Management (OSBM)
https://www.osbm.nc.gov/stewardship-services/grants-management-system/suspension-funding-
memos .
8. Responsibilities
Grantor:
A. Grantor shall provide the funding described herein to Recipient to perform the
activities as described herein.
B. Grantor shall conduct a review of the project to ensure Recipient is progressing
toward completion of the SOW.
C. Grantor shall verify the completion of the project thru the closeout process.
Recipient:
A. This MOA must be signed and returned to NCEM within 45 days after Recipient
receives notice of this award. The grant shall be effective upon return of the executed
Grant Award (MOA) and date of final approval by the Director of Emergency
Management.
B. Recipient shall expend funds in accordance with this MOA
C. Recipient shall utilize State of North Carolina and/or local procurement policies
and procedures for the expenditure of funds, and conform to applicable state standards
identified in N.C.G.S. Chapter 143, Article 3, Purchases & Contracts.
If Recipient utilizes local procurement policies, Recipient is required to submit a copy of
the applicable policies they followed and demonstrate that they complied with those
policies, including competition as required.
Recipient is required to check the federal System for Awards Management (SAM),
https:Hsam.gov/content/exclusions and the State Debarred Vendors Listing,
https:Hncadmin.nc.gov/documents/nc-debarred-vendors, to verify that all vendors and
contractors have not been suspended or debarred from doing business with the federal or
state government.
D. Provide quarterly progress reports to NCEM within 10 days from end of the
calendar year quarter to the following email: NCEMLTR.Grantgncdps.gov.
E. Requests for Reimbursement (RFR)
Page 4 of 22
Long -Term Recovery Grant Agreement V1.2022

Recipient must submit RFR, with all required documentation attached, to NCEM at
NCEMLTR. rant(c�ncdps.gov. Grantor will reimburse Recipient for eligible costs as
determined by Grantor. Recipient must take possession of all purchased equipment and
receive any grant -eligible service prior to seeking reimbursement from Grantor. Recipient
must submit Request for Reimbursement per appendix 4.
F. Closeout Reporting Requirements
Recipient must submit to Grantor, no later than 90 calendar days after the end date of the
period of performance or completion of the project, whichever is sooner, all financial,
performance, and other reports as required by the terms and conditions of the grant award,
and this MOA.
This includes, at a minimum:
i. A closeout letter indicating that the project is now 100% complete, that all
funds were used for the purpose appropriated and ready for final inspection.
ii. A complete accounting of how all grant funds were used thru the Summary
of Documentation (SOD)Form which lists all labor, material, equipment, and
contract invoices with corresponding checks or other proof of payment making up
the total spend for the project.
iii. Copies of all invoices and a copy of proof of payment (both front and back
of cleared check is required) as listed on the SOD form.
iv. Bid documents (solicitation, bid evaluations, etc.), contracts.
V. Insurance documentation on equipment or property purchased under this
award or letter indicating lack of insurability
vi. Pictures prior to the start of the project and when complete for permanent
work type grants.
G. Non -Supplanting Requirement. See paragraph 6 (Supplanting).
H. Recipient shall have sole responsibility for the ownership, maintenance, insurance,
upkeep, and replacement of any equipment procured pursuant to this MOA as follows:
i. Recipient shall take and maintain a physical inventory of all equipment
purchased with funds awarded under this grant. Equipment is defined as tangible,
non -expendable property having a useful life of more than one year and an
acquisition cost of $5,000 or more per unit. Recipient may have property
management guidelines that are more restrictive, requiring a unit of equipment with
a value of less than $5,000 to be inventoried. If so, such equipment purchased under
this award allocation shall be included on the report submitted to Grantor. The
grant summary, cost reports with backup documentation, certificate of title, and any
other Recipient reports or inventory reports that include information regarding the
Page 5 of 22
Long -Term Recovery Grant Agreement V1.2022

grant, vendor, invoice number, cost per item, number of items, description,
location, condition and identification number may be used to meet this requirement.
ii. Recipient must ensure a control system exists to ensure adequate safeguards
to prevent loss, damage or theft. Recipient shall be responsible for replacing or
repairing equipment which is willfully or negligently lost, stolen, damaged, or
destroyed. Any loss, damage or theft of the property must be investigated and fully
documented, and made part of the official project records.
iii. Recipient or equipment owner must ensure adequate maintenance
procedures exist to keep the equipment in good condition.
I. Property and Equipment. Property and equipment purchased with these funds shall
be titled to Recipient, and Recipient shall be responsible for the custody and care of any
property and equipment purchased with funds furnished for use in connection with this
MOA. Grantor will not be held responsible for any property purchased under this MOA.
Recipient must obtain any necessary insurance where said insurance can be reasonably
obtain and provide proof of insurance as part of any Reimbursement Request or Closeout.
Recipient must utilize all property and equipment as intended in their project application
to Grantor.
Failure to comply with these terms and conditions may result in the return of funds and any
other remedy for noncompliance specified paragraph 7, Compliance, above.
J. Indirect Costs. No indirect or administrative costs will be charged to this award.
K. Conflict of Interest. Per N.C.G.S. § 143C-6-23(b), Recipient is required to file
with Grantor a copy of Recipient's policy addressing conflicts of interest that may arise
involving the grantee's management employees and the members of its board of directors
or other governing body. The policy shall address situations in which any of these
individuals may directly or indirectly benefit, except as the grantee's employees or
members of its board or other governing body, from the grantee's disbursing of State funds,
and shall include actions to be taken by the grantee or the individual, or both, to avoid
conflicts of interest and the appearance of impropriety. The policy shall be filed before
Grantor may disburse any grant funds.
In conjunction with providing the conflict of interest policy to Grantor, Recipient must
disclose in writing to Grantor, and attempt to avoid, any real or potential conflict of interest
that may arise during the administration of this grant award.
This includes Recipient's responsibility to maintain written standards of conduct covering
conflicts of interest and governing the actions of their employees engaged in the selection,
award, and administration of contracts. No employee, officer, or agent may participate in
the selection, award, or administration of a contract supported by this grant award if he or
she has a real or apparent conflict of interest. Such conflicts of interest would arise when
Page 6 of 22
Long -Term Recovery Grant Agreement V1.2022

the employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization that employs or is about to employ any of the parties indicated
herein, has a financial or other interest in or a tangible personal benefit from a firm
considered for a contract. The officers, employees, and agents of the Recipient may neither
solicit nor accept gratuities, favors, or anything of monetary value from contractors or
parties to subcontracts. Recipients may set standards for situations in which the financial
interest is not substantial, or the gift is an unsolicited item of nominal value.
The standards of conduct must provide for disciplinary actions to be applied for violations
of such standards by officers, employees, or agents of the Recipient. All Recipients must
disclose in writing to Grantor, and attempt to avoid, any real or potential conflicts of
interest with respect to procurement, contracting and subcontracting with funds provided
under this grant award. Upon request, Recipient must also provide a copy of their standards
of conduct policy covering conflicts of interest with respect to procurement, contracting
and subcontracting with funds provided under this grant award.
L. Recipient must have an acceptable local travel regulation plan or accept the state
travel regulations. Expenditures for travel mileage, meals, lodging and other travel
expenses incurred in the performance of this Contract shall not exceed state rates and must
be supported by documentation. International travel is not be eligible under this MOA.
9. Funding
Pursuant to N.C.G.S 143C-1-1, the Recipient understands and agrees that agreement funding shall
be subject to the availability of appropriated funds. However, in the event of agreement
termination due to lack of adequate appropriated funds, Grantor will pay for services and goods
acquired and obligated on or before the notice of agreement termination.
10. Taxes
Recipient shall be considered to be an independent Recipient and as such shall be responsible for
ALL taxes. There shall be no reimbursement for taxes incurred by the Recipient under this grant.
11. Warranty
Recipient will hold Grantor harmless for any liability and personal injury that may occur from or
in connection with the performance of this MOA to the extent permitted by the North Carolina
Tort Claims Act. Nothing in this MOA, express or implied, is intended to confer on any other
person any rights or remedies in or by reason of this MOA. This MOA does not give any person
or entity other than the parties hereto any legal or equitable claim, right or remedy. This MOA is
intended for the sole and exclusive benefit of the parties hereto. This MOA is not made for the
benefit of any third person or persons. No third party may enforce any part of this MOA or shall
have any rights hereunder. This MOA does not create, and shall not be construed as creating, any
Page 7 of 22
Long -Term Recovery Grant Agreement V1.2022

rights enforceable by any person not a party to this MOA. Nothing herein shall be construed as a
waiver of the sovereign immunity of the State of North Carolina.
12. State of North Carolina Reporting Requirements per NCGS 143C-6-23 and 09 NCAC
03M
North Carolina state law (N.C.G.S. 143C-6-23 and 09 NCAC 03M) requires every non -state entity
(including non-profit organizations, counties and local governments) that receives state or federal
pass -through grant funds from state agencies to file annual reports on how those grant funds were
used no later than three months after the end of the non -state entity's fiscal year.
Refer to "State Grant Compliance Reporting Forms" on the following website for instructions and
applicable forms for Recipients to meet these requirements: https://www.ncdps.gov/our-
organizati on/emergency-management/emergency-management-grants/grants-management-
compliance.
Level (Less than $25,000)
A grantee receiving less than $25,000 (combined) in State or Federal pass through funds must
submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of Less than $25,000.
• Level I form and reporting instructions are available on the above website.
Level II ($25,000 - $499, 999)
A grantee that receives between $25,000 - $499,999 (combined) in State or Federal pass -through
funding must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Schedule of Receipts and Expenditures.
• Program Activities and Accomplishments Reports.
• Level 11 form and reporting instructions are available on the above website.
LevelIII ($500,000 - $749,999)
A grantee that receives a combined $500,000 or more in State funding or Federal pass -through
funding must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Program Activities and Accomplishments Reports.
Page 8 of 22
Long -Term Recovery Grant Agreement V1.2022

• Level III form and reporting instructions are available on the above website.
• Submit within nine months of the grantee's fiscal year end: Submit to DPS Internal
Audit a single audit prepared and completed in accordance with Generally Accepted
Government Auditing Standards. See paragraph 15 below for audits.
Level III Continued ($750,000+)
A grantee that receives a combined $750,000 or more in funding from all Federal funding sources,
even those passed through a state agency must submit:
• Certification Form.
• State Grants Compliance Reporting for Receipts of $25,000 or More.
• Program Activities and Accomplishments Reports.
• Level III form and reporting instructions are available on the above website.
• Submit within nine months of the grantee's fiscal year end:
• Submit to DPS Internal Audit a single audit prepared and completed in accordance
with Generally Accepted Government Auditing Standards.
• Post the single audit to the Federal Audit Clearinghouse
(https:Hharvester.census.gov/facweb/).
• Make copies of the single audit available to the public. See paragraph 15 below for
audits.
13. Audit Requirements
Per 09 NCAC 03M.0205, a Recipient that receives a combined $500,000 or more in North
Carolina state funding or federal funding passed through a state agency must within 9 months
of the Recipient's fiscal year end submit to DPS Internal Audit (AuditGrantsReportgncdps.gov)
a single audit prepared and completed in accordance with Generally Accepted Government
Auditing Standards (GAGAS): https://www.gao.gov/yellowbook.
If Recipient is a unit of local government in North Carolina, Recipient may also be subject to the
audit and reporting requirements in N.C.G.S. 159-34, Local Government Finance Act — Annual
Independent Audit, rules and regulations. Such audit and reporting requirements may vary
depending upon the amount and source of grant funding received by the Recipient and are subject
to change (see Local Government Commission for more information).
14. Points of Contact (POC)
To provide consistent and effective communication between Recipient and Grantor, each party
shall appoint a Principal Representative(s) to serve as its central point of contact responsible for
coordinating and implementing this MOA. Grantor contact shall be the Grants Manager listed on
the NoFO or as amended. Recipient POC shall be the person designated by the Recipient.
Page 9 of 22
Long -Term Recovery Grant Agreement V1.2022

Recipient is required to keep Grantor informed of any changes in POC over the course of the period
of performance. All confidential information of either party disclosed to the other party in
connection with the services provided hereunder will be treated by the receiving party as
confidential and restricted in its use to only those uses contemplated by the terms of this MOA.
Any information to be treated as confidential must be clearly marked as confidential prior to
transmittal to the other party. Neither party shall disclose to third parties, the other party's
confidential information without written authorization to do so from the other party. Specifically
excluded from such confidential treatment shall be information that:
A. As of the date of disclosure and/or delivery, is already known to the party receiving
such information.
B. Is or becomes part of the public domain, through no fault of the receiving party.
C. Is lawfully disclosed to the receiving party by a third party who is not obligated to
retain such information in confidence.
D. Is independently developed at the receiving party by someone not privy to the
confidential information.
15. Public Records Access
All information maintained by Grantor in connection with this MOA and grant award is subject to
the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes and is
subject to public records requests through NCDPS.
16. Contracting/Subcontracting
If Recipient contracts/subcontracts any or all purchases or services under this MOA, then Recipient
agrees to include in the contract/subcontract that the contractor/subcontractor is bound by the terms
and conditions of this MOA. Recipient and any contractor/subcontractor agree to include in the
contract/subcontract that the contractor/subcontractor shall hold Grantor harmless against all
claims of whatever nature arising out of the contractors/subcontractor's performance of work under
this MOA. If Recipient contracts/subcontracts any or all purchases or services required under this
MOA, a copy of the executed contract/subcontract agreement must be forwarded to Grantor. A
contractual arrangement shall in no way relieve Recipient of its responsibilities to ensure that all
funds issued pursuant to this grant be administered in accordance with all state and federal
requirements.
17. Situs
This MOA shall be governed by the laws of North Carolina and any claim for breach or
enforcement shall be filed in State Court in Wake County, North Carolina.
18. Antitrust Laws
All signatories of this MOA will comply with all applicable state and federal antitrust laws.
Page 10 of 22
Long -Term Recovery Grant Agreement V1.2022

19. Other Provisions/Severability
Nothing in this MOA is intended to conflict with current federal, state, local, or tribal laws or
regulations. If a term of this MOA is inconsistent with such authority, then that term shall be
invalid, but the remaining terms and conditions of this MOA shall remain in full force and effect.
20. Entire Agreement
This MOA and any annexes, exhibits and amendments annexed hereto and any documents
incorporated specifically by reference represent the entire agreement between the parties and
supersede all prior oral and written statements or agreements.
21. Modification
This MOA may be amended only by written amendments duly executed by Recipient and Grantor.
22. Termination
Either party, upon sixty (60) days advance written notice to the other, may terminate this MOA.
23. Scope of Work
Recipient shall implement the project as described in the approved project application. That
application is hereby incorporated into this MOA in Appendix 2.
24. Execution and Effective Date
This grant shall become effective upon return of this original Grant Award(MOA), properly
executed on behalf of the Recipient, and upon execution of all parties to this MOA. The last
signature shall be that of the Director of NC Emergency Management.
25. Certification of eligibility - Under the Iran Divestment Act
Pursuant to N.C.G. S§ 147-86.59, any person identified as engaging in investment activities in Iran,
determined by appearing on the Final Divestment List created by the State Treasurer pursuant to
N.C.G.S. § 147-86.58, is ineligible to contract with the State of North Carolina or any political
subdivision of the State. The Iran Divestment Act of 2015, N.C.G. S. § 147-86.55 et seq. * requires
that each vendor, prior to contracting with the State certifies, and the undersigned on behalf of the
Vendor does hereby certify, to the following:
A. That the vendor is not identified on the Final Divestment List of entities that the
State Treasurer has determined engages in investment activities in Iran
B. That the vendor shall not utilize on any contract with the State agency any
subcontractor that is identified on the Final Divestment List
C. That the undersigned is authorized by the Vendor to make this Certification
The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the
address: https://www.nctreasurer.com/inside-the-department/OpenGovemment/Pages/Iran-
Page 11 of 22
Long -Term Recovery Grant Agreement V1.2022

divestment-Act-resources.aspx and will be updated every 180 days. For questions about the
Department of State Treasurer's Iran Divestment Policy, direct questions to [phone].
26. Attachments
All attachments to this Agreement are incorporated as if set out fully herein.
A. In the event of any inconsistency or conflict between the language of this MOA and
the attachments hereto, the language of the MOA shall be controlling, but only to the extent
of such conflict or inconsistency.
B. This MOA includes the following attachments or documents incorporated by
reference as if fully set out herein:
i. Appendix 1 - Notice of Funding Opportunity (NoFO)
ii. Appendix 2 - Scope of Work or Grant Application
iii. Appendix 3 - Award letter
iv. Appendix 4 — Required Documentation for Reimbursement Request.
Page 12 of 22
Long -Term Recovery Grant Agreement V1.2022

IN WITNESS WHEREOF, the parties have each executed this MOA and the parties agree that
this MOA will be effective upon signature of all parties with the signature of the Director of
Emergency Management establishing the effective date.
NC Department of Public Safety
Division of Emergency Management
1636 Gold Star Drive
Raleigh NC 27607
I0
Date:
William C. Ray
Director NC Emergency Management
APPROVED AS TO FORM:
M.
Date:
William Polk
Department of Public Safety
Deputy General Counsel
Long -Term Recovery Grant Agreement V1.2022
Town of Maggie Valley
3987 Soco Road
Maggie Valley, NC 28751
I:A
Date:
Name:
Title:
By:
Date:
Name:
Title:
By:
Date:
Name:
Title:
Page 13 of 22

Appendix 1
21 February 2022
NOTICE OF FUNDING OPPORTUNITY (NOFO):
North Carolina Emergency Management (NCEM)
Emergency Management Disaster Relief and Mitigation Fund
NCEM is now accepting Applications for grants funded thru the Emergency Management Disaster Relief
and Mitigation Fund. Eligible applicants are State agencies, units of local government, and nonprofit
corporations for use for flood mitigation efforts. Applications must be received by NCEM no later than
Close of Business (5pm) on 31 March 2022.
Who?
The State is seeking applications for Emergency Management Disaster Relief and Mitigation Grants. State
Agencies, Local governments (municipal/county/state-recognized tribal) and nonprofit corporations may
submit projects to the Emergency Management Long -Term Recovery Group who will convene a panel to
score the projects. Nonprofit corporation projects are limited to nonsectarian or nonreligious purposes
which address such items in the section below.
What?
Funds can be used for
(1) Flood mitigation efforts that stabilize areas and reduce future damage or
(2) Predevelopment assistance to provide small and underserved communities with technical
assistance to identify and design shovel -ready projects related to disaster relief and flood
mitigation.
Total available funding for this grant program is $15,000,000 with the anticipated number of grants
available between 5-30. Projects can be 100% funded with no cost share and are paid on a reimbursement
basis.
Proposals are expected to fully explain how the project will affect the community and mitigate against
future damage.
Eligible Project Examples (not intended to be a full list but may help applicant to identify possible needed
projects) :
• Construction of new or improvement of existing owned stormwater infrastructure, including natural
drainage infrastructure and flood control equipment.
• Repair of existing stormwater infrastructure damaged or destroyed by flooding, which must include
improvements to mitigate against future flooding.
• Engineering expenses related to planning and implementation of flood mitigation solutions.
• Elevation of buildings, elevation of controls or other improvements of water or sewer infrastructure,
or other related projects to protect the infrastructure from flooding.
• Stream gauges and flood warning systems
Page 14 of 22
Long -Term Recovery Grant Agreement V1.2022

Where?
Applications must be submitted in full to the following email address: NCEMLTR.grantkncdps.gov.
Applications will be reviewed for completeness with completed applications scored and ranked.
When?
Kev Target Dates:
21 February 2022 NOFO Released
31 March 2022 Application Deadline
30 April 2022 NC Review Panel Scoring completed
15 May 2022 Selected Applicants Begin to be Notified
May -July 2022 Complete and Sign grant agreements
How?
The Period of Performance (POP) is up to 36 months, starting on the date of the recipient's award. This
process starts with the application referenced below.
Application/Submission Information and Instructions
Application deadline 31 March 2022 (5:OOPM)
Application to be submitted to NCEMLTR. r_r_ a�ntkncdps. og_v with subject line "Applicant name - NCEM
Disaster Relief & Mitigation Grant"
Application email should include a pdf attachment organized based on the following 6-point outline. Please
make sure that you address each number below as completeness will be used as part of the selection (scoring
weight in brackets):
1) Applicant Name, Address, Contact Information, and Project Name. Nonprofit corporations should
also include the "Certificate of Existence from the NC Secretary of State, bylaws, and
documentation to support ownership or right for project specific facility. (10)
2) General description of the Project (15)
3) Describe how the project mitigates future damage or flooding include impact on community. (35)
4) Scope of Work (SOW) and cost estimate for the project to achieve 43 above, including an
understanding of how the estimate was achieved. (20)
5) Timeline from approval of Grant to project completion. (10)
6) How and who will manage the project if awarded and their qualifications. (10)
Characteristics of competitive proposals include:
• Efforts to mitigate against frequent flooding, including hazards with a frequency beyond a
hurricane or other named storm.
• Clear benefit for residents, businesses, and other entities within a community with priority on those
where flooding poses a risk for life, health, and safety.
• A demonstrated likelihood of success and feasibility demonstrated by reports, engineering reports
and analysis by professional engineers, etc.
• A current (within the last six months) estimate of probable cost or another similar document
• Linked to a comprehensive stormwater assessment or planning effort with community support.
• Sustainable outcomes that can be maintained following use of funds.
Page 15 of 22
Long -Term Recovery Grant Agreement V1.2022

• A reasonable strategy for implementation.
For more information, contact:
oe Stanton — Assistant Director Long-term Recovery
Joe.Stanton ncd s. ov
919-218-6325
[Jeff Welker — Grants Manager
1Jeffrey.WelkerAncdps.gov
984-222-4159
Projects that are selected will require applicants to sign a Grant Agreement (MOA) and will be expected to
comply with the terms of the agreement, including reporting and interim and final inspections as necessary
or risk timely payment or funding. Also, applicants will be required to submit the below listed OSBM
required documents/forms with the signed MOA if awarded a grant under this fund:
• W-9 (09 NCAC 03M .0202)
• Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)
• Conflict of Interest Policy (G.S. 143C-6-23.(b))
• Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c))
Page 16 of 22
Long -Term Recovery Grant Agreement V1.2022

Appendix 2
Page 17 of 22
Long -Term Recovery Grant Agreement V1.2022

March 30, 2022
Joe Stanton, Assistant Director Long -Term Recovery
Jeff Welker, Grants Manager
North Carolina Department of Emergency Management
4236 Mail Service Center
Raleigh, NC 27699-4236
Re: Emergency Management Disaster Relief and Mitigation Fund
Dear NC Emergency Management,
Please accept the attached grant document from the Town of Maggie Valley to be
considered for the NC Emergency Management Disaster Recovery and Mitigation
Fund opportunity. Maggie Valley requests a $359,345 grant for the repair of the
levee protecting the town's wastewater treatment plant from Jonathan's Creek. The
FEMA certified levee has evident erosion at its base. The WWTP serves 1,905
connections and its continual operation relies on the levee for flood mitigation
during and after heavy rain events. Please let me know if additional information is
needed.
Thank you,
N than Clark, IMCA-CM
Town Manager
Where Spring Spends the Summer and Lingers Through the Fall

1. Applicant Name and Address, Project Name:
The Town of Maggie Valley requests a $359,345 grant from the NC Emergency Management Disaster
Relief and Mitigation Fund. The funds will go towards the repair of a levee that protects the town's
wastewater treatment plant (WWTP). Mike Mehaffey, Public Works Director, and Nathan Clark, Town
Manager, will oversee and manage the project. The project site is located at the end of Jonathan's Creek
Road and Maggie Valley Town Hall is located at 3987 Soco Road, Maggie Valley, NC 28751. Maggie
Valley administrative offices may be contacted at 828-926-0866 and Nathan's email address is
[e-mail].
Incorporated in 1974, Maggie Valley is named for Maggie Mae Setzer. Her father, John "Jack" Sidney
Setzer, founded the area's first post office in 1904 and requested that it be named after one of his
daughters. The town is currently home to 1,685 residents year-round, which seasonally grows to more
than 5,000.
2. General Description of the project:
The Town of Maggie Valley owns and operates a wastewater treatment facility off Jonathan's Creek
Road (US Highway 276) at Interstate 40. This facility, built in 1986, receives and treats wastewater from
1,905 connections in the town and surrounding areas. A FEMA certified levee separates and protects
this facility from Jonathan's Creek to the west. An island in Jonathan's Creek lies immediately upstream
from the WWTP, and the eastern channel of the creek hosts the confluence of Leatherwood Branch. In
the past, the primary stream flow ran in the western channel of Jonathan's Creek. However, recent
storm/flooding events have shifted the stream flow in Jonathan's Creek so that the eastern channel now
has the greater discharge. This greater volume of flow, exacerbated by the discharge from Leatherwood
Branch, runs directly beside and against the levee adversely impacting it. Erosion at the base of the
levee became evident after the remnants of Hurricanes Florence and Michael flooded Jonathan's Creek
twice in a span of four weeks. The streambank where the levee is located is part of the WWTP site
making this project critical to guaranteeing long-term operation of the plant. The town identified the
problem during the beginning stages of erosion, but actions must be taken to stabilize the base of the
levee to protect the wastewater treatment facility from flooding which in time would make the WWTP
inoperable. Pictures of the erosion below show the proximity of the WWTP fence and facilities to the
edge of the levee/stream bank.
Maggie Valley * NCEM Disaster Relief and Mitigation Fund * March 2022

Maggie Valley * NCEM Disaster Relief and Mitigation Fund * March 2022

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Maggie Valley * NCEM Disaster Relief and Mitigation Fund * March 2022

3. How the project mitigates future damage or flooding include impact on community.
The project will repair the levee and better protect the WWTP from those future flood events, thereby
providing resiliency for critical infrastructure. The most practical approach to mitigate erosion is the
placement of 275 gabion baskets filled with rip rap at the base of the levee. With the excessive rain and
flooding from the remnants of Hurricanes Florence and Michael in late 2018, Jonathan's Creek that
flows towards the Wastewater Treatment Plant (WWTP) eroded the base of the levee protecting the
WWTP. Furthermore, town staff have observed continued erosive flow in Jonathan's Creek since
October 2018 as those two flood events shifted the channel of the creek. This has caused excess and
unpredicted erosion at the base of the levee. Without action to stabilize the levee, the WWTP is at risk
of excessive flooding and of potentially becoming inoperable as the levee continues to deteriorate. The
WWTP serves 1905 customers that rely on the critical infrastructure for public and environmental health
and economic activity.
According to the www.fris.nc.gov map the WWTP lies in an area labeled, 'Zone X: Area with Reduced
Flood Risk due to Levee.' Zone X is the flood insurance rate zone that corresponds to areas outside the
0.2% annual chance floodplain, areas within the 0.2% annual chance floodplain, - areas of the 1% annual
chance flooding where average depths are less than 1 foot, areas of 1% annual chance flooding where
the contributing drainage area is less than 1 square mile, and areas protected from the 1% annual
chance flood by levees. No Base Flood Elevation (BFE) or depths are shown within this zone. The creek
that runs along the WWTP is labeled as a 'regulatory floodway' which is a Special Flood Hazard Area
(SFHA). The FRIS and FIRM maps displaying the location of the WWTP are included in the application
material. The streambank where the levee is located is part of the WWTP and provides a buffer for the
entire property. As the FRIS map indicates, without repair to the levee the WWTP will be at risk of
flooding during any rainstorms including future hurricanes. As flooding occurs the condition of the levee
will only worsen and could eventually lead to the plant inoperability. Note that the Maggie Valley Public
Works department has incorporated debris removal in and along Jonathan's Creek as a mitigative
measure to minimize erosive objects in its channel; as part of this effort, public works staff regularly
monitor the streambanks, including the levee, for debris.
Maggie Valley * NCEM Disaster Relief and Mitigation Fund * March 2022

4. Scope of Work and Cost Estimate for the Project:
The proposed project would stabilize the base of the levee on a streambank that is part of the
Wastewater Treatment Plant (WWTP). The WWTP was constructed in 1986 and is at risk if the levee is
not stabilized. The project would provide protection from future heavy rain and flood events as past
events have resulted in erosion at the base of the levee. If the levee is not repaired or flood -hardened,
erosion will continue, leaving the plant at risk of flooding during any future rainstorms. This flooding
could eventually make the plant inoperable. The proposed scope of work will stabilize the levee through
the placement of 275 gabion baskets filled with rip rap at its base.
Maggie Valley Public Works staff and engineers from WithersRavenel assessed different options to
mitigate flood hazards to the WWTP. Doing nothing leaves the WWTP and the integrity of the levee
vulnerable. Alternatives ranging from turf reinforcement matting, strategically placed bulk rip -rap,
concrete armoring, and rip -rap filled gabion baskets were considered for repair of the levee. Rip -rap
filled gabion baskets have been selected as the preferred alternative due to a combination of relative
ease of construction, reduced stream impact, and anticipated cost.
The cost estimate for completing the WWTP levee repair is $359,345, which includes mobilization,
materials (275 rock filled gabion baskets), erosion control, technical services/engineering,
administration, and 10% contingency.
Town of Maggie Valley WWTP Levee Repair
Base Bid Schedule
Item
No.
Description
Unit
Est. Quantity
Unit Cost
Extended Cost
1
Mobilization
Lump Sum
1
$11,720.00
$11,720.00
2
Rock Filled Gabion Baskets
CY
275
$525.00
$144,375.00
3
Site Restoration
LS
1
$75,000.00
$75,000.00
4
Erosion Control
LS
1
$15,000.00
$15,000.00
Total Construction Cost
$246,095.00
Construction Contingency Cost (10%)
$22,750.00
Technical Services
$62,500.00
Administrative
Services
$28,000.00
Total
$359,345.00
Maggie Valley * NCEM Disaster Relief and Mitigation Fund * March 2022

5. Timeline:
The proposed project will be completed within 120 days of the grant contract agreement between
Maggie Valley and NC Emergency Management.
6. How and who will manage:
The repair of the WWTP levee will be managed by Mike Mehaffey, Public Works Director for the Town
of Maggie Valley. The Town of Maggie Valley has an experienced project management team that will be
tasked with successful project implementation. This project management team is comprised of a variety
of individuals with individualized skill sets who will work in partnership to ensure this project stays
within budget and on schedule. This project management team will work closely with the selected
engineers and consultants assisting with the project. The project team members include:
Mike Mehaffey, Public Works Director. Mike has 22 years of experience with the town's Public
Works department where he is the ORC for the WWTP and Collection System.
Nathan Clark, Town Manager. Nathan brings over 16 years of progressive experience in local
government public administration, including 8 years as Maggie Valley's Town Manager.
Town Staff will coordinate with the engineering and planning firm of WithersRavenel, PA, of Cary, NC.
Dana Bolden is the Project Manager for WithersRavenel.
The Town of Maggie Valley has implemented several projects that have similar criticality and/or
environmental sensitivity. The town completed a $200,000 levee certification project in 2009, and over
$5 million in sewer collection system and treatment plant projects since 2002. The town has recently
partnered with NCDOT and French Broad River MPO on a $4 million pedestrian infrastructure
improvement project on Soco Road/US 19. The public works department regularly monitor and remove
debris such as fallen trees in and along Jonathan's Creek to reduce flood hazards, or more specifically, to
remove objects that may exacerbate erosion in the stream channel. Maggie Valley has built four public
parks and a greenway in the past several years.
Maggie Valley * NCEM Disaster Relief and Mitigation Fund * March 2022

9. Project Budget (for Construction Projects Only)
Division Funding
Requ ested
Other Secured Funding
Source(s)
Total Cost Amount
Indicate construction costs by line item (e.g.,
linear feet of different -sized lines)
Construction Costs
Mobilization
$11,720
$11,720
Rock Filled Gabion Baskets
$144,375
$144,375
Site Restoration
$75,000
$75,000
Erosion Control
$15,000
$15,000
Contingency (10% ofconstruction costs):
$22,750
$22,750
Construction Subtotal.
S268,845
S268,845
Engineering Design
$45,000
$45,000
Permitting
$7,500
$5,000
Land Surveying Costs
$10,000
$5,000
Engineering Subtotal.
S62, 500
S62,500
Administration Costs
Planning
$6,000
$5,000
Easement Preparation
Grant Administration (if applicable)
Loan Administration (if applicable)
ER Preparation
$12,000
$10,000
Environmental Documentation Preparation
$7,500
$6,000
Legal Costs
$2,500
$2,000
Other
Administration Subtotal:
S28,000
S28,000
TOTAL PROJECT COST:
$359,345
$359,345
A PE Seal for the estimate must be provided in the space to the right for
the application to be considered complete.
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