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HomeMy WebLinkAbout20181031 Ver 1_401 Application_20201130MLR..,, OblvisImofVh*w R�u� Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* 0 Yes 0 No Is this project a public transportation project?* 0Yes 4No Change «,y if needed. BIM # Assigned * Version#* 20181031 1 Is a payment required for this project?* d No payment required O Fee received Reviewing Office* 0 Fee needed - send electronic notification Central Office - (919) 707-9000 Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review 1a. Name of project: Round Hill Branch Restoration Site la. Who is the Primary Contact?* Lin Xu 1b. Primary Contact Email:* Lin.Xu@ncdenr.gov Date Submitted 11 /30/2020 Nearest Body of Water Round Hill Branch Basin French Broad Water Classification C Site Coordinates Latitude: 35.6298 Pre -Filing Meeting Information ID# 20181031 Pre -fling Meeting or Request Date 10/6/2020 Longitude: -82.7376 Attach documentation of Pre -Filing Meeting Request here:* Pre -Filing Meeting - Round Hill.JPG 1c. Primary Contact Phone:* (919)707-8319 Version 1 73.38KB A. Processing Information U County (or Counties) where the project is located: Buncombe Is this a NCDMS Project GYes CNo Is this project a public transportation project?" C Yes G No la. Type(s) of approval sought from the Corps: (7 Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable voters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes G No 1b. What type(s) of permit(s) do you wish to seek authorization? ® Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) 1c. Has the NWP or GP number been verified bythe Corps? C Yes G No Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: FI 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 401 Water Quality Certification - Fpress ❑ Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes M No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? C Yes G No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes C No Acceptance Letter Attachment 1 h. Is the project located in any of NC's twenty coastal counties? C Yes G No 1j. Is the project located in a designated trout watershed? C Yes G No C Yes G No C Yes G No B. Applicant Information C") 1d. Who is applying for the permit? ❑ Owner CJ Applicant (other than owner) 1e. Is there an Agent/Consultant for this project?* G Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Robert D Russell Jr. and Kathleen C. Russell 2b. Deed book and page no.: DB 5470 PG 1532 2c. Responsible party: 2d. Address Street Address 588 Green Valley Road Address Line 2 aty Leicester Postal / Zip Cude 28748-9487 2e. Telephone Number: (828)575-0120 2g. Email Address:* bo)domb@hotmail.com 3. Applicant Information (if different from owner) 3a. Name: Lin Yu 3b. Business Name: NCDEQ Division of Mitigation Services 3c.Address Street Address 1652 Mail Service Center Address Line 2 City Raleigh Rstal / Zip Code 27699-1652 3d. Telephone Number: (919)707-8319 3f. Email Address:* Lin.Xu@ncdenr.gov 4. Agent/Consultant (if applicable) 4a. Name: Timothy J. Morris 4b. Business Name: KCI Technologies, Inc. 4c.Address Street Address 4505 Falls of Neuse Road, Suite 400 Address Line 2 aty Raleigh Postal / Zip Code 27609 4d. Telephone Number: (919)783-9214 4f. Email Address:* tim.morris@kci.com Agent Authorization Letter* Round Hill - Landowner Authorization Form.pdf Sate / Province / Region NC 0-y us 2f. Fax Number: Sate / Province / Iagion NC C—Y us 3e. Fax Number: Sate / Province / legion NC 0—y us 4e. Fax Number: (919)783-9266 35.77KB C. Project Information and Prior Project History 40 1. Project Information 1b. Subdivision name: (if appoprbte) WA 1c. Nearest municipality/town: Leicester 2. Project Identification 2a. Property Identification Number: 879004049600000 2c. Project Address Street Address 588 Green Valley Road Address Line 2 aty Leicester Postal / Zip Code 28748 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Round Hill Branch 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101050900 4. Project Description and History 2b. Property size: 46.759 State / Rovince / Fbgion NC O+fy US 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project watershed for the RHBRS is comprised of 0.74 square mile. Current land use in the project watershed is largely rural, consisting of 42 % agriculture and 47 % forest. The current adjacent land use is predominantly agriculture and livestock grazing and has a negative impact on water quality of the project stream. Detailed descriptions of land use can be found in the attached mitigation plan. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes 0 No O Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) RoundHillBranch_Fig02_USGS_Topo.pdf 863.2KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) RoundHillBranch_Fig04_NRCS_Soil.pdf 718.29KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.24 4g. List the total estimated linear feet of all existing streams on the property: 2195 4h. Explain the purpose of the proposed project:* The project will restore and protect a vital headwater watershed in the French Broad Basin. This project is being completed to mitigation for various existing and future projects that impact streams in the French Broad 05 river basin. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* A detailed Mitigation Plan has been included in this submittal. It includes the details of the project and proposed restoration activities. 4j. Please upload project drawings for the proposed project. RHB - construction plans (2020-11-09).pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* d Yes O No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved O Not Verified O Unknown O WA Corps AID Number: SAW-2018-01168 5c. If 5a is ves. who delineated the jurisdictional areas? 6.86MB O Unknown Name (if known): Joe Sullivan Agency/Consultant Company: KCI Associates of NC Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 4/25/2019 The JD is also included in Appendix 12.8 of the attached Mitigation Plan 5d1. Jurisdictional determination upload PJD_ROundHillBranch_2018-01168.pdf 1.51 MB 6. Future Project Plans 6a. Is this a phased project?* 0 Yes 0 No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): ® Wetlands ® Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?) Jarea* 2g. Impact W1 Fill T Bottomland Hardwood Forest W1 �No Corps ]0.052 (acres) W2 Fill T Bottomland Hardwood Forest �W2 Corps 0.036 (acres) W3 ExcavationT Frniand Hardwood Forest W3 No Corps 0.005 (acres) W4 Excavation T Headwater Forest W4 �Corps 0.001 (acres) W5 Excavation T Bottomland Hardwood Forest W1 No Corps 0.069 (acres) W6 Excavation T Bottomland Hardwood Forest W2 �Corps 0.029 (acres) W7 Fill /Culvert P ffland Hardwood Forest ]=Frp. J�=]_ �fl 2g. Total Temporary Wetland Impact 0.192 2g. Total Wetland Impact 0.203 2g. Total Permanent Wetland Impact 0.011 2h. Comments: All wetland impacts with the exception of the culvert installation (W7 - 0.011 ac) are temporary for the purpose of restoration. An Impact Map is included as well in the Attachment Section. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ (?) Jurisdiction* length* S1 Stream Restoration Tem orar P Y Fill T1 Intermittent Corps P 3 385 Average (feet) (linearfeet) S2 Stream Restoration Tem orar P Y Fill T2 Intermittent Corps P 3 292 Average (feet) (linearfeet) S3 Stream Restoration Tem ora P rY Fill Round Hill Branch Perennial Corps P 4 709 Average (feet) (linearfeet) S4 Stream Restoration Tem orar P Y Fill Round Hill Branch Perennial Corps P 6 874 Average (feet) (linearfeet) Crossing Permanent Culvert Round Hill Branch Perennial Corps 3 10 Average (feet) (linearfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 10 31. Total stream and ditch impacts: 2270 31. Total temporary stream impacts: 2,260 3j. Comments: All stream impacts with the exception of one culvert installation (10 If) are temporary for the purpose of restoration. An Impact Map is included as well in the Attachment Section. E. Impact Justification and Mitigation U 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: We are applying for a Nationwide 27 permit. This permit authorizes impacts to jurisdictional waters for the purpose of conducting aquatic habitat restoration, establishment and enhancement activities. This project will provide stream mitigation credits for impacts elsewhere within this 8-digit HUC. Temporary impacts the stream resources are unavoidable when conducting stream restoration work. Sediment and erosion control practices as outlined in the mitigation plan and in the project plans will be used to ensure resources are protected during the implementation phase of the project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A pump around will be utilized to conduct all stream restoration work in the dry. Sediment and erosion control measures such as silt fence, straw wattles, rock silt screens and daily stabilization will be used to minimize impacts during construction. The impacts proposed are necessary for the proper restoration of the stream. Sediment and erosion control plans are included in the attached Mitigation Plan which defines means and methods form minimizing receiving water impacts. Most impacts to wetlands were minimal and temporary, as detailed above. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes 0 No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This is a stream restoration project and will result in a significant net benefit to the streams. F. Stormwater Management and Diffuse Flow Plan (required by DWR) l^�' 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes O No If no, explain why: The project is located in the French Broad River Basin and is not included in the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS0002507* OYes 0No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 0Yes 0No Comments: This is a stream restoration project. No impervious area will be created. G. Supplementary Information u 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* d Yes O No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPAISEPA)?* O Yes O No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* O Yes O No NEPAor SEPAFinal Approval Letter Rou ndHillBranchCombinedReport-Final. pdf 13.37MB 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes P No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a stream restoration project and is not anticipated to have an effect on future development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes f• Nor WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* O Yes M No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? rYes ONo 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes C No 5g. Does this project involve bridge maintenance or removal? 4 Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes CNo r Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 4 Yes O No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? -United States Fish and Wildlife Service. North Carolina's Threatened and Endangered Species.hftp://www.fv4s.gov/southeast/. Additionally, NC NHP database was reviewed on 3/27/2018. Consultation Documentation Upload 3.2 RoundHillBranch_USFWS.pdf 140.04KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Essential Fish Habitat Mapper hftp://www.habitat.noaa.gov/protection/efh/efhmapper/indexhtmi 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes M) No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A categorical exclusion report was prepared and is included in Appendix 12.9 of the attached Mitigation Plan. This document contains correspondence from the State Historic Preservation Office regarding the resources of concern. 7c. Historic or Prehistoric Information Upload 4.1 SHPO response.pdf 100.93KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA designated 100-year floodplain? * 0 Yes A No 8c. What source(s) did you use to make the floodplain determination?* NC Floodmaps. https://fris.nc.gov/fris/indexaspVFIPS=191&ST=NC&user=General%20Public Miscellaneous U Comments Miscellaneous attachments not previously requested. 1.0 RoundHillBranch_PCN_Figure3_lmpactMap.pdf Round Hill Mit Plan Final 2020.11.13.pdf 1.78MB 19.62MB Signature U ® By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Timothy I Morris Signature �it�rr���ta6 Full Name (DMS Signature) Lin Xu DSM Signature Date 11/30/2020 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: Deed Book: 5470 Page: _1532 County: Buncombe Parcel ID Number: 879004049600000 Street Address: 588 Green Valley Road, Leicester, NC 28748, Property Owner (please print): _Robert D. Russell, Jr. Property Owner (please print): Kathleen C. Russell The undersigned, registered property owner(s) of the above property, do hereby authorize KCI Technologies, Inc. Full Delivery Provider', the NC Department of Environment and Natural Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certiiication(s). Property Owners(s) Address: (if different from above) Property Owner Telephone Number: �828/575-0120 Home, 843/469-8441 Cell Property Owner Telephone Number: information to be true and accurate to the best of my/our knowledge. (Property Owner Authorized Signature) (Date) 'Name of full delivery company Adopted-6-28-12 oProject Easement (4.24 ac) Project Watershed (471 ac / 0.74 sqmi) O14 Digit HUC Boundary Buncombe County Parcels 06010105090040 / 8780897217 N � � p O>w 0000 0j 00 CIO 0j 00 p CIOO �0 00w0 0j 0, 00 B�BOB9&0 rn����j �(9 CBS �I;r 3 8790142822 8790040496 8780649415 8>8'83"," 8j809�88�1 8780732282 8j1063 S 8j9003o136 8j809 289 n 19 9 > 8g N?> 1> 8780726481 0 n� 8780821198 06010105090020 FIGURE 2. USGS TOPOGRAPHIC MAP N 0 750 1,500 ROUND HILL BRANCH RESTORATION SITE n Image Source: USGSTopo Feet BUNCOMBE COUNTY, NC r/ `\+ Leicester Quadrangle Draft Mitigation Plan Round Hill Branch Restoration Site 711012020 4 DMS Project Number 100066 M i Soils Key: Arf: Ashe-Cleveland-Rock outcrop complex CkC2, CkD2: Clifton clay loam EvD2, EvE2: Evard-Cowee complex FrA: French loam TaB, TaC: Tate loam Y i Project Easement (4.24 ac) 1 ' 0 NRCS Soils FIGURE 4. SOIL SURVEY MAP N 0 100 200 ^ Image Source: SSURGO Feet ROUND HILL BRANCH RESTORATION SITE ,,�\\V Soils for Buncombe County, BUNCOMBE COUNTY, NC NRCS; INC One Map2019. Draft Mitigation Plan Round Hill Branch Restoration Site 711012020 7 DMS Project Number 100066 KCI TECHNOLOGIES May 7, 2018 ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax Ms. Janet Mizzi US Fish and Wildlife Service Ashville Field Office 160 Zillicoa St Ashville, NC 288801 Subject: Endangered Species Act, Fish and Wildlife Coordination Act, Migratory Bird Treaty Act Round Hill Branch Stream and Wetland Restoration Project KCI Job 4 161802916 Dear Mr. Benjamin: Please accept this information pertaining to the proposed Morgan Branch stream restoration site for natural area and rare species review by the US Fish and Wildlife Service. The RHBRS is situated on the northwestern side of Buncombe County. The site is located approximately 4 miles south of the Town of Leicester, North Carolina. Specifically, the site is on Green Valley Road (SR 1383) south ofNC-63. The site is within the 06010105 Watershed Cataloging Unit (8-digit HUC) of the French Broad River Basin and the 14-digit HUC 06010105090020 (Figure 2). Land use is primarily farmland, woodland, and rural development (Figure 3). The Round Hill Branch Restoration Site (RHBRS) is a candidate site for stream and wetland restoration in the French Broad River Basin in Buncombe County, North Carolina. The RHBRS has undergone significant modifications that have altered the site hydrology and vegetation. The primary impacts to the system were associated with channelization and clearing throughout the site to utilize the resources in support of agricultural production. Restoration work on the site includes: the realignment of the project streams within the valley and reconnecting their relic floodplains, removing spoil from historic channelization, excluding cattle from the project resources, and the establishment of a native riparian buffer. The streams at the site will be restored and preserved with an emphasis on using a Priority 1 approach where possible. This approach will be feasible for most portions of the project streams, but not every reach. There will not be any impacts to existing structures (buildings, barns, etc.) on the subject property. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. Proposed mitigation actions are shown on Figure 4. We have already obtained an updated species list for Buncombe County from your web site. The rare, threatened and endangered species for this county are included in Attachment 1. We are requesting that you please provide any known information for any additional species, if any, in the county that we should be aware of in the development of this project. The USFWS will be contacted if additional studies find suitable habitat for any listed species or if we determine that the project may affect one or more federally listed species or designated critical habitat. Please provide comments on any possible issues that might KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 emerge with respect to endangered species, migratory birds or other trust resources from the construction of a stream and wetland restoration project on the subject property. If we have not heard from you in 30 days we will assume that our species list is correct, that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. My phone number is 919-278-2511 and my email address is tim.morriskkci.com Sincerely, Timothy J. Morris Project Manager Enclosures KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 Endangered Species Review for Round Hill Branch Restoration Site Buncombe County, North Carolina A review of the United States Fish and Wildlife Service's (USFWS) listing of federally endangered species, threatened species, species of concern and candidate species revealed fifteen endangered species, twenty-six federal species of concern, four at risk species, and one BGPA species in Buncombe County (Table 1). Table 1. Species in Buncombe County, North Carolina listed under the federal Endangered Species Act. Common Name Scientific name Federal Record Status Status Vertebrate: Allegheny woodrat Neotoma magister FSC Current Appalachian Bewick's wren Thryomanes bewickii altus FSC Historic Bachman's sparrow Aimophila aestivalis FSC Historic Blotchside logperch Percina burtoni FSC Historic Bog turtle Glyptemys muhlenbergii T (S/A) Current Carolina northern flying Glaucomys sabrinus E Current squirrel coloratus Cerulean warbler Dendroica cerulea FSC Current Eastern small -footed bat Myotis leibii ARS Current Gray bat Myotis grisescens E Current Hellbender Cryptobranchus ARS Current alleganiensis Longhead darter Percina macrocephala FSC Historic Northern long-eared bat Myotis septentrionalis T Current Northern saw -whet owl Aegolius acadicus pop. I FSC Current (Southern Appalachian population) Paddlefish Polyodon spathula FSC Historic Pygmy salamander Desmognathus wrighti FSC Current Rafinesque's big -eared bat Corynorhinus rafznesquii FSC Historic Red crossbill (Southern Loxia curvirostra FSC Current Appalachian) Southern Appalachian black- Poecile atricapillus FSC Historic capped chickadee practicus Southern water shrew Sorex palustris punctulatus FSC Current Sbotfin chub (=turauise Erimonax monachus T Historic shiner Yellow -bellied sapsucker (Southern Appalachian population) Invertebrate: Appalachian elktoe French Broad crayfish Rusty -batched bumble bee Southern Tawny Crescent butterfly Spruce-firmossspider Tan Y1Tiiaoliall Sphyrapicus varius FSC Current appalachiensis Alasmidonta raveneliana Cambarus reburrus Bombus afnis Phyciodes batesii maconensis Microhexura montivaga Epioblasma florentina walkeri (=E. walkeri) Vascular Plant: Blue Ridge Goldenrod Solidago spithamaea Blue Ridge Ragwort Packera millefolium Bunched arrowhead Sagittaria fasciculata Butternut Juglans cinerea Cain's reedgrass Calamagrostis cainii Fraser fir Abies fraseri Fraser's loosestrife Lysimachia fraseri French Broad heartleaf Hexastylis rhombiformis Gray's lily Lilium grayi Granite Dome Goldenrod Solidago simulans Mountain Sweet Pitcherplant Sarracenia rubra ssp. Jonesii Piratebush Buckleya distichophylla Spreading a yens Geum radiatum Virginia spiraea Spiraea virginiana Nonvascular Plant: a liverwort a liverwort Appalachian Pocket Moss Lichen: Rock gnome lichen Plagiochila sharpii Plagiochila virginica var caroliniana Fissidens appalachiensis E FSC E FSC E E T FSC E FSC FSC FSC FSC FSC FSC FSC E FSC E T Current Current Historic Historic Current Historic and Obscure Current Current Historic Historic Current Current Historic Current Current Current Current Current Current Historic ARS Current FSC Current ARS Historic Gymnoderma lineare E Current Appalachian elktoe Habitat Description: The Appalachian elktoe is known from the French Broad River watershed in North Carolina. The Appalachian elktoe has been observed in moderate- to fast -flowing water, in gravelly substrates often mixed with cobble and boulders, in cracks of bedrock and in relatively silt -free, coarse, sandy substrates. Apparently, stability of the substrate is critical to this species, as it is seldom found in stream reaches with accumulations of silt or shifting sand, gravel, or cobble. Biological Conclusion: Unresolved The project streams have been severely impacted by agricultural practices, ditching, incision, and sediment deposition. They are not appropriate habitat for Appalachian elktoe. Additionally, NCNHP records does not indicate any populations within one mile of the project. Bog turtle Habitat Description: Bog turtle habitat consists of open, groundwater supplied (springfed), graminoid dominated wetlands along riparian corridors or on seepage slopes. These habitats are designated as mountain bogs by the NCNHP, but they are technically poor, moderate, or rich fens that may be associated with wet pastures and old drainage ditches that have saturated muddy substrates with open canopies. Plants found in bog turtle habitat include sedges, rushes, marsh ferns, herbs, shrubs (tag alder, hardhack, blueberry, etc.), and wetland tree species (red maple and silky willow). These habitats often support sphagnum moss and may contain carnivorous plants (sundews and pitcherplants) and rare orchids. Potential habitats may be found in western Piedmont and Mountain counties from 700 to 4500 feet elevation in North Carolina. Soil types (poorly drained silt loams) from which bog turtle habitats have been found include Arkaqua, Chewacla, Dellwood, Codorus complex, Hatboro, Nikwasi, Potomac — Iotla complex, Reddies, Rosman, Tate — Cullowhee complex, Toxaway, Tuckasegee — Cullasaj a complex, Tusquitee, Watauga, and Wehadkee. Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. No bog turtles were observed during field activities. Additionally, NCNHP records does not indicate any populations within one mile of the proj ect. Tan riffleshell Habitat Description: Historic occurrences of the tan riffleshell are known from the French Broad and Hiawassee Rivers in North Carolina. Currently, the only known viable population of this species is located in Tazwell County, Virginia. Individuals are typically found in headwaters, riffles, and shoals in sand and gravel substrates. Biological Conclusion: Unresolved The project streams have been severely impacted by agricultural practices, ditching, incision, and sediment deposition. They are not appropriate habitat for tan riffleshell. Additionally, NCNHP records does not indicate any populations within one mile of the proj ect. Spotfin chub (= turquoise shiner) Habitat Description: The spotfin chub occurs in the Little Tennessee River drainage system. This minnow typically inhabits moderate to large streams, 49-230 feet in width. However, they have been documented utilizing smaller tributaries in the fall. These streams should have a good current, clear water, cool to warm temperatures, and pools alternating with riffles. Specimens of spotfin chub have been taken from a variety of substrates but rarely from significantly silted substrates. This species has been observed spawning under loose rocks over bedrock. Biological Conclusion: No Effect The USFWS lists the spotfin chub as threatened in Buncombe County based on historical records. The spotfin chub is currently only known to occur in the Little Tennessee River drainage system. The project is not within the Little Tennessee River drainage and therefore outside the current range of the species. Additionally, NCNHP records does not indicate any populations within one mile of the project. Spreading avens Habitat Description: Spreading avens occurs in areas exposed to full sun on high elevation cliffs, outcrops, and bases of steep talus slopes. This perennial herb also occurs in thin, gravelly soils of grassy balds near summit outcrops. The species prefers a northwest aspect, but can be found on west-southwest through north-northeast aspects. Forests surrounding known occurrences are generally dominated by either red spruce Fraser fir, northern hardwoods with scattered spruce, or high -elevation red oaks. Spreading avens typically occurs in shallow, acidic soil (such as the Burton series) in cracks and crevices of igneous, metamorphic, or metasedimentary rocks. Soils may be well drained but almost continuously wet, with soils at some known occurrences subject to drying out in summer due to exposure to sun and shallow depths. Known populations occur at elevations ranging from 4,296 to 6,268 feet above mean sea level. Blue Ridge goldenrod, Heller's blazing star, and Roan Mountain bluet are a few of its common associate species. Biological Conclusion: No Effect There is no suitable habitat for spreading avens within the study area. There are no areas exposed to full sunlight at or above 4,200 feet above mean sea level within the study area. Elevations in the study area do not exceed 2,200 feet above mean sea level. Additionally, NCNHP records does not indicate any populations within one mile of the project. Carolina Northern flying squirrel Habitat Description: There are several isolated populations of the Carolina Northern flying squirrel in the mountains of North Carolina. This nocturnal squirrel prefers the ecotone between coniferous (red spruce, Fraser fir, or hemlock) and mature northern hardwood forests (beech, yellow birch, maple, hemlock, red oak, and buckeye), typically at elevations above 4,500 feet mean sea level. In some instances, the squirrels may be found on narrow, north -facing valleys above 4,000 feet mean sea level. Both forest types are used to search for food and the hardwood forest is used for nesting sites. Mature forests with a thick evergreen understory and numerous snags are most preferable. In winter, squirrels inhabit tree cavities in older hardwoods, particularly yellow birch. Biological Conclusion: No Effect Suitable habitat for the Carolina northern flying squirrel does not exist within the study area. Elevations in the study area do not exceed 2,200 feet above mean sea level. Additionally, NCNHP records does not indicate any populations within one mile of the proj ect. Rock gnome lichen Habitat Description: Rock gnome lichen occurs in high elevation coniferous forest (particularly those dominated by red spruce and Fraser fir) usually on rocky outcrop or cliff habitats. This squamulose lichen only grows in areas with a great deal of humidity, such as high elevations above 5,000 feet mean sea level where there is often fog, or on boulders and large outcrops in deep river gorges at lower elevations. Habitat is primarily limited to vertical rock faces where seepage water from forest soils above flows only at very wet times. The species requires a moderate amount of sunlight, but cannot tolerate high -intensity solar radiation. The lichen does well on moist, generally open sites with northern exposures, but requires at least partial canopy coverage on southern or western aspects because of its intolerance to high solar radiation. Biological Conclusion: No Effect Suitable habitat for the rock gnome lichen does not exist within the study area. There are no rocky outcrops or cliff habitats with a great deal of humidity and seepage that flows only during wet periods. Elevations in the study area do not exceed 2,200 feet above mean sea level. Additionally, NCNHP records does not indicate any populations within one mile of the project. Rusty -patched bumble bee Habitat Description: Rusty -patched bumble bees once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). Bumble bees gather pollen and nectar from a variety of flowering plants. The rusty -patched emerges early in spring and is one of the last species to go into hibernation. It needs a constant supply and diversity of flowers blooming throughout the colony's long life, April through September. Biological Conclusion: No Effect Suitable habitat for the rusty -patched bumble bee does not occur in the study area. The USFWS has categorized Buncombe County as historical range for potential rusty -patched bumble bee with a historical record last seen before 2000. Based off the USFWS Survey Protocols, paved areas; mowed lawns; areas planted to annual row crops; forest where invasive shrubs are dominant and spring ephemeral flowers are absent; and areas mowed too frequently to allow development of diverse wildflower resources are not suitable habitat for the rusty -patched bumble bee. The project area is mostly hayfields and areas grazed by cattle. Additionally, NCNHP records does not indicate any populations within one mile of the project. Spruce -fir moss spider Habitat Description: This species is known only from spruce -fir forests in the Appalachian mountains of North Carolina and Tennessee. The spruce -fir moss spider occurs in well -drained moss and liverwort mats growing on rocks or boulders. These mats are found in well -shaded areas in mature, high elevation (> 5,000 feet mean sea level) Fraser fir and red spruce forests. The spruce -fir moss spider is very sensitive to desiccation and requires environments of high and constant humidity. The need for humidity relates to the moss mats, which cannot become too parched or else the mats become dry and loose. Likewise, the moss mats cannot be too wet because large drops of water can also pose a threat to the spider. The spider constructs its tube -shaped webs in the interface between the moss mat and the rock surface. Some webs have been found to extend into the interior of the moss mat. Biological Conclusion: No Effect Suitable habitat for the spruce -fir moss spider does not exist within the study area. Elevations in the study area do not exceed 2,200 feet above mean sea level. Additionally, NCNHP records does not indicate any populations within one mile of the project. Gray bat Habitat Description: Gray bats are known mainly from the cave regions of the Southeast and Midwest. They live in colonies in caves, utilizing different caves for summer roosting and winter hibernating. Summer caves are usually within one half mile of a river or reservoir, which provides foraging habitat. During the summer, females give birth and rear the young in maternity caves, while males and yearlings roost in separate bachelor caves. Caves preferred for hibernation are typically deep, vertical caves with a temperature between 42 and 52 degrees Fahrenheit. Gray bats are highly selective in choosing suitable caves, and nine known caves are thought to provide hibernation space for 95 percent of the population. Migration from summer to winter caves begins in September and is mainly complete by the beginning of November. Biological Conclusion: No Effect The project area has been heavily impacted by agricultural activities. No forage or roosting habitat was found. Additionally, NCNHP records does not indicate any populations within one mile of the project. Bunched arrowhead Habitat Description: Bunched arrowhead, endemic to the southern Appalachian Mountains of North Carolina and upper Piedmont of South Carolina, is rooted in shallow water seepage areas of bogs, wooded swamps, and deciduous woodlands. This early - successional perennial herb occurs in Swamp Forest -Bog Complex (Typic Subtype) and Southern Appalachian Bog (Southern Subtype) natural communities. A known occurrence also occurs in a maintained power line right-of-way along the headwaters of a river. The plant requires a slight but continuous and steady flow of cool, clean water that saturates or floods but does not stagnate. The species typically occurs in sandy loam soils found underneath a 10-24 inch deep layer of muck, sand, and silt. Undisturbed occurrences are usually located just below the origin of the seep on gently sloping terrain at the bluff-floodplain ecotone. While shaded areas contain the most vigorous plants, it will also grow in either full sun or partial shade beneath red maple, black gum, and alder at the base of steep slopes. Biological Conclusion: No Effect Suitable habitat for the bunched arrowhead exists in the project study area including a few wetland seeps in the stream preservation areas. This is a stream restoration project, and areas of potential bunched arrowhead habitat will not be impacted. Additionally, NCNHP records does not indicate any populations within one mile of the project. Mountain sweet pitcher plant Habitat Description: Mountain sweet pitcher plant, endemic to the Blue Ridge Mountains of North and South Carolina, is found along stream banks and in shrub/herb dominated, seepage -fed mountain bogs (Southern Appalachian Bog -Southern Subtype). Both stream bank and bog habitats are usually situated along intermittently exposed to intermittently flooded level depressions associated with valley floodplains. These habitats, typically on soils of the Toxaway or Hatboro series, contain deep, poorly drained, saturated soils of loam, sand, and silt with a high organic matter content and medium to high acidity. A few occurrences of the pitcher plant also grow in cataract bogs, either in thin strips along the edges of waterfalls or on soil islands over granite rock faces, where sphagnum and other bog plant species line the sides. This early successional species relies on natural disturbance (e.g., drought, water fluctuation, periodic fire, ice damage) to maintain its habitat by preventing the establishment of later successional woody seedlings. Biological Conclusion: Unresolved Suitable habitat for the mountain sweet pitcher plant Does not exist in the project study area. There are no wetland areas in the project area. Additionally, NCNHP records does not indicate any populations within one mile of the project. Northern long-eared bat Habitat Description: In North Carolina, the northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. During the summer, NLEB roosts singly or in colonies underneath bark, in cavities, or in crevices of both live and\ dead trees (typically >3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting in strfuctures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: No Effect The project area has been heavily impacted by agricultural activities. No forage or roosting habitat was found. Additionally, NCNHP records does not indicate any populations within one mile of the project. Blue Ridge goldenrod Habitat Description: Blue Ridge goldenrod, endemic to the Appalachian Mountains of North Carolina and Tennessee, occurs in the High Elevation Rocky Summit natural community generally at or above elevations of 4,600 feet above mean sea level along cliffs, ledges, balds, and dry rock crevices of granite outcrops of the higher mountain peaks. This early pioneer herb usually grows in full sun on generally acidic soils of shallow humus or clay loams that are intermittently saturated. The encroachment of woody vegetation such as ericaceous shrubs can eliminate the goldenrod through competition and shading. Roan Mountain bluet, Heller's blazing star, and spreading avens are a few of its common associate species. Biological Conclusion: No Effect Suitable habitat for the Blue Ridge goldenrod does not exist within the study area. There are no rocky outcrops or cliff habitats generally at or above elevations of 4,600 feet above mean sea level in the study area. Elevations in the study area do not exceed 2,200 feet above mean sea level. Additionally, NCNHP records does not indicate any populations within one mile of the project. Virginia spiraea Habitat Description: Virginia spiraea occurs in flood -scoured, high -gradient sections of rocky river banks of second and third order streams, often in gorges or canyons. This perennial shrub grows in sunny areas on moist, acidic soils, primarily over sandstone. The shrub tends to be found in thickets with little arboreal or herbaceous competition along early successional areas that rely on periodic disturbances such as high -velocity scouring floods to eliminate such competition. Virginia spiraea also occurs on meander scrolls and point bars, natural levees, and other braided features of lower stream reaches, often near the stream mouth. Scoured, riverine habitat sites are found where deposition occurs after high water flows, such as on floodplains and overwash islands, rather than along areas of maximum erosion. Occurrences in depositional habitats are found among riparian debris piles, on fine alluvial sand and other alluvial deposits, or between boulders. Biological Conclusion: No Effect Suitable habitat for the Virginia spiraea does not exists in the project study area. The project streams have been heavily impacted by agricultural activities. Additionally, NCNHP records does not indicate any populations within one mile of the project. Bald Eagle Habitat Description: Bald Eagles live near rivers, lakes, and marshes where they can find fish, their staple food. Bald Eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald Eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Biological Conclusion: No Effect There are no large bodies of water near the project to provide preferred forage for the bald eagle. Reference: NCDEQ, Wildlife Resources Commission. 2018. Carolina Wildlife Profiles. httD://www.ncwildlife.ora/fs index 07 conservation. htm NCDEQ, Natural Heritage Program. 2018. Natural Heritage Data Explorer. https:Hncnhde. natureserve. org/ United States Fish and Wildlife Service. 2018. Buncombe County Threatened and Endangered Species. https://www.fws.gov/raleigh/species/cniylist/chatham.html. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Ia nilton June 5, 2018 Timothy Morris KCI Technologies Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Office of Archives and History Deputy Secretary Kevin Cherry Re: Round Hill Branch Stream & Wetland Restoration, Green Valley Road, Leicester, KCI 161802916, Buncombe County, ER 18-1124 Dear Mr. Morris: Thank you for your letter of May 7, 2018, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 64*'Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599