Friday, August 27, 2021

Embraer EMB-505 Phenom 300, N413N: Accident occurred August 26, 2021 at Elk River Airport (NC06), Banner Elk, Avery County, North Carolina

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed.

The National Transportation Safety Board did not travel to the scene of this accident. 

Additional Participating Entity:
Federal Aviation Administration / Flight Standards District Office; Charlotte, North Carolina

Nicholas Services LLC

Location: Banner Elk, NC
Accident Number: ERA21LA353
Date & Time: August 26, 2021, 13:52 Local 
Registration: N413N
Aircraft: Embraer EMB-505
Injuries: 2 None
Flight Conducted Under: Part 91: General aviation - Positioning

On August 26, 2021, at 1352 eastern daylight time, N413N, an Embraer E55P (Phenom 300), sustained substantial damage when it collided with a parked vehicle on landing at the Elk River Airport (NC06), Banner Elk, North Carolina. The two-airline transport rated pilots were not injured. The airplane was operated as a Title 14 Code of Federal Regulations (CFR) Part 91.

According to the Elk River website, “The Elk River Airport is a private facility for the exclusive use of the Elk River Property Owners Association members and their approved guests and associate members of the Elk River Club.” All pilots are advised to “…carefully read the Elk River Pilot Manual (pdf) and also view the following video presentation of arrival and departure procedures for the Elk River Airport.” The airport is restricted to daytime, visual flight rules (VFR) operations only, and there is a published VFR approach chart available on their website.

According to the captain, he and the first officer planned for the flight into NC06 the day before the accident. They reviewed forecasted weather and landing performance data for landing on both a dry and wet runway. They also reviewed the airport video and manual. The captain said as they were enroute to NC06 the following day, he and the first officer observed a small rain cell in the vicinity of the airport. They briefed that if they could not make the visual approach they would divert to another airport or hold until the weather passed.

However, as they approached the airport, the captain made visual contact with the runway and began the visual approach into the airport using the visual cues recommended in the airport video. The airport was reporting calm winds and light rain. The captain said he flew the entire recommended VFR approach and was fully configured to land and slowing to Vref speed when they were on a 1-mile final. They also capture the visual approach slope indicator (VASI) lights and proceeded to land. The captain said, “As soon we touched down I applied full brakes only to find the brakes were not slowing the airplane, by the time we realized the plane was not slowing it started to drift right and went off the runway slightly on the right side of the runway … I see the cliff off the end of the runway and apply full left rudder and steering to the left to try and steer toward extra terrain on the left to avoid going of the cliff, as we go thru the small taxiway and into the other grass area, we took a sign with our wing. As we are still moving forward, we hit a beige Jeep on our wing tip which actually caused us to stop and saved our lives by not allowing us to go off the cliff 5 feet in front of us.”

Postaccident examination of the airplane revealed substantial damage to the left wing.

The airplane was equipped with a combination cockpit voice and flight data recorder, which was retained for further examination. The airplanes braking control unit (BCU) was also retained.

Aircraft and Owner/Operator Information

Aircraft Make: Embraer 
Registration: N413N
Model/Series: EMB-505 
Aircraft Category: Airplane
Amateur Built:
Operating Certificate(s) Held: On-demand air taxi (135)
Operator Designator Code:

Meteorological Information and Flight Plan

Conditions at Accident Site: VMC 
Condition of Light: Day
Observation Facility, Elevation: NC14,3120 ft msl 
Observation Time: 13:50 Local
Distance from Accident Site: 12.6 Nautical Miles
Temperature/Dew Point: 28°C /18°C
Lowest Cloud Condition: Unknown
Wind Speed/Gusts, Direction: 7 knots / , 190°
Lowest Ceiling: Unknown 
Visibility: 10 miles
Altimeter Setting: 30.3 inches Hg
Type of Flight Plan Filed: IFR
Departure Point: Teterboro, NJ (TET) 
Destination: Banner Elk, NC

Wreckage and Impact Information

Crew Injuries: 2 None
Aircraft Damage: Substantial
Passenger Injuries: N/A 
Aircraft Fire: None
Ground Injuries: N/A 
Aircraft Explosion: None
Total Injuries: 2 None 
Latitude, Longitude: 3609.6,8153.8 


  1. The overrun is short:

    Street view:

    Aerial view:,-81.9021112,308m/data=!3m1!1e3!4m5!3m4!1s0x8850929d0e0d4297:0xe469ee55c9b1732b!8m2!3d36.1584678!4d-81.8878833

    1. Runway very wet. Overrun on 4,600 ft. runway by a fairly large airplane probably largely due to poor braking effect.

    2. Rumored that an earlier crew from the same company turn down the flight into Elkriver less experience crew was coerced by the owner of the company to make the flight

    3. Owner rules with a iron fist uses Training Agreements and threats to keep pilots I am sure that the pilots were afraid to lose their job if they did not take the flight if terminated they would be subject to the full amount of the training agreement for training because the company has right to fire them for any reason at any time and collect the full amount of the training agreement not a prorated contract there are pilots being sued at this time for leaving this unsafe company...

    4. We would love to hear a response from you since you just randomly stumbled upon this post and instantly became a "white knight" for this "company" <- (don't want to start another rumor)... Nicholas Air has an internal reputation that many know about and very, very few would ever attempt to or have the audacity to take a defensive stand towards their side.

    5. I stumbled upon this because my job is as a writer in the business aviation industry and after seeing how tense the entire industry can be at these times, I have always found it fair to wait for facts. Call it preference, or call it responsible journalism. No sides taken, but any normal person would just be glad to see an injury-free situation.

    6. Really what business aviation company do you work for anyone we know? Do you freelance or do you work for Nicholas Air and write press releases to cover up their unsafe practices

    7. If you are a writer in business aviation, look into this operator - there's a story that needs to be told.

  2. Rumors are not fair to any of the people involved, so best to wait for accurate news to come out from a legitimate authority?
    People on the ground and some of the pictures show the pilots did a great job of avoiding a much worse scenario so you have to tip your cap to them.

    1. You have pictures please provide any pictures for us to see and let us make our own determination what kind of a job they did thank god no one was killed I don't blame the pilots I blame the the unsafe company that they work for.

    2. Profits over safety, be honest with yourself. The owner has no business being in aviation.

  3. tip your cap?!? They were doomed from the time they took off as the numbers don't anywhere close to support the landing distance there.

    I'll tip my hat to the crew that turned "supposedly" turned the trip down.

    1. I agree they did the right thing

    2. I heard it take 9200 feet to land on that runway. For a Phenom.

    3. You might want to speak proper English there Bud.

  4. Why were the reg numbers covered with duct tape ? Are they required to be visible?

  5. The registration numbers were covered with duct tape because the owner of the company directed the crew to cover the numbers.

  6. 4600 is too short for a Phenom 300 on a wet runway. Part 91 makes it legal, but still a poor decision. Crew should have declined, company shouldn’t have let it happen. Dual responsibility.

    1. Agreed with wet runway no less than 6000ft would I even then considering going into NC06. Current Nicholas Air Captain

  7. Love this for NJ and his stupid side kick Peter. Couldn't have happened to a better company.

  8. Does anyone at Nicholas Air know if the pilot reviewed the Elk River Pilot Manual before trying to go into NC06 might have been helpful.

  9. To the "Anonymous" that deleted the comments you posted: "what you had posted was some of the most insanely idiotic things I have ever read. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this forum is now dumber for having to read it. I award you no points, and may God have mercy on your soul."

    Here's the predicament you put yourself in for saying that you "had the numbers" to legally fly this airplane into this airport:

    1) Yes you had the numbers to legally do it with 2 pilots, 150lbs of bags and roughly VFR min. fuel.

    2) Unfortunately there's no fuel at this airport so now that you've landed "legally" with the min. amount of fuel you cannot get back out because this airport doesn't have ANY Jet-A on the field, ergo, there had to be more than roughly VFR min. fuel to make it to another airport which interferes with point #1.


    10' away from disaster

  11. This incident is going to be fun for a few of us.

    I'm so glad I stumbled across this. I'm going to personally see to it that "company" gets exactly what it deserves :]


    A disgruntled employee who knows too much. ♡

  12. Latest somewhere within the "iron curtain"

    Apparently the reason for there being a job opening for Director of Maintenance is as soon as the accident happened the previous Director was commanded by the "fearless"...(or is it fearful?)..leader, NJ, to retrieve the CV/DR and destroy it! What's the definition of psychotic?!?

    So for anyone with a pulse and maybe an A&P or just a pulse and a pencil they can make you an A&P no problem. Feel free to join the dumpster fire that is only intensifying.