20081287 Ver 1_Report_20080903

Threatened & Endangered Species Report
A Field Inventory to Document the Presence or
Absence of Federally Protected Species
Project Site: Hard Rock Mine
Cherokee County, NC
Prepared by:
wpl;t
P.O. BOX 882
CANTON, NC 28716
r mc
??° 3 2008
Sc-r
atNR wn oqs? U?TC ?R?.yc,i
Yd?TLP,r:OS AN.D S ,
May 14, 2007
Endangered & Threatened Species
An endangered and threatened species inventory of the tract known as Hard Rock Mine
was conducted pursuant to Nationwide Permit General Condition 11 which states, "No
activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
destroy or adversely modify the critical habitat of such species. "
Prior to the endangered and threatened species evaluation of Hard Rock Mine, WNR
consulted the US Fish and Wildlife Department website and conducted a file review of
records maintained by the North Carolina Natural Heritage Program (NHP). The initial
survey involved a review of the Isabella USGS Topo Quad on which NHP identifies
current and historic occurrences of listed species for that locale. There are no federally
listed threatened and/or endangered species listed for the Isabella Quad. There are two
federal species of concern species listed to be found within the Isabella Quad. One of
these species is a historic listing for the Isabella Quad. These species are listed and
described below.
Genus species Common Name Federal Status
Myotis leibii Eastern Small-Footed Species of Concern
Myotis
Pituophis melanoleucus Northern Pine Snake Species of Concern
melanoleucus
Eastern Small-Footed Myotis
Description
The eastern small-footed bat is the smallest member of the genus Myotis in North
America. The fur is long, silky, and tan to golden-brown. The two main distinguishing
characteristics are a distinct black mask across the face and the tiny feet that average only
approximately 5/16 of an inch (7 to 8 mm) in length.
Habitat
During the summer, these bats are usually found in buildings, towers, hollow trees,
beneath the loose bark of trees, in crevices of cliffs, and beneath bridges. During winter,
these colonial bats move into caves and abandoned mines where they either hang
individually or in small clusters of 25 to 30. The eastern small-footed bat has been found
most commonly in caves in forested areas. They are one of the last bats to enter caves in
autumn and often hibernate near cave or mine entrances where temperatures drop below
freezing and where humidity is relatively low (Harvey et al., 1999). Some individuals
have also been taken in rock crevices, beneath bridges, and in buildings.
Presence or Absence Determination
The Hard Rock Mine property does not contain any caves or large rock crevices on cliffs.
The old mine was a surface mining operation and did not have a shaft opening. Due to
lack of suitable habitat, it has been determined that Eastern Small-Footed Myotis is not
present within the Hard Rock Mine project boundary.
Northern Pine Snake
The Northern Pine Snake is a historic record for the Isabella quad. No further data
collection is necessary because this species has not been documented within the past fifty
years within the Isabella quad locale.
East YoIK Ilre & iKescue squad, inc.
Po Box 697
Coppcrhill, IN 37317
[phone] or (7116)455-1691
0112/07
sir. Glen Frank
Wildeme ss Creek Falls Development
'a Box 128
pword4 OA 3+0541
)w W. Ft=k9
I apprcciaw ttte recent oppora city tD discuss the possibility of using the existirYg
Pond in the Wilderness Creek Falis Devulopmart as a son= for &C protection in
,hemkm Co, NC and Pvik Co, TN. Resat ict dais Fetter vxvc as an of vial request that
ire would like to pP egWMing Your ponds with a "dry b4y&aW' outlet that can be
L"d to fill mire veffictea in the event of a fite in this axes, We also provide mutual aid
kismw to the Wolf Creek Fue Department and Hinwassm Dam Fttc Departmait. ha
he evenet of a fire in North Carolina or Teamacssee these mdon pounds woald grady
xrad3.t our cOMMneity-
Ow fire depatwt , the East Polk Fite dt Rescue SgwA Iuc. in Polk Co., TN
,%mentlly pmvws ft pi icm to 3000 homes, there is possibly 150 homes in Folk
county area and not counting the existing des w North Carolina and your
levelolxY w that w Ad baeliit from the use and true availability of water firm your
*Ws. As additional homes are planned and built m ow community, the need for fire
M oteoficM will only ins w= and we very touch aWrecu to this oppo ity to paraw with
mu in this pe rt. To be ably to find and have aecessiibi ty to sueb a Wde source as what
fou have is very difi"iimh in this ace's,. VA& the current drought many suction points are no
onger a reliable xmrw of wow jo the event of an emergency. Your wdlitWm to make
bese available wd your LeAsdmee m providing access is appredaled.
I !Dolt forwwd to vworldng with you on this project, plem don°t hesitacbe to co t
.o me if I can be of additl%W assistswe or if you have any question.Tlte best way to
voh me is by cell phone at 7055-1691.
Sincerely,
of I?l Z170 I UI : lb Z'jj54G454b r 1KZ31 1.,NJIL.,t NUML.D Qz rjk
l/14/2007 14:11 8286445709
CCEM5 5TA 3
rAGC e1/ei
W0LFC-rD%EEK FIRE DEFARTMENT5 INC.
0 Neltcn Rd.. A+tUMNY. NC 2W64177 - R29404-711'4. Fax R29-d9d-2294 - arnil C? MI
November 14., 2007
Mr, Glen Frank
Wildcrn= Creek. 'alts Development
P.O. Box 128
ppworth, GA 30541
Dr. Mr. Pm*-.
I appreciate the roccnt opportunity to meet with you and discuss the possibility of using
the c?dstjng ponds in the Wildertmess Cheek Palls Development as a source of water for
fire protection in out dire district. Please let this letter serer u an official mquesc that we
pursue equipping these ponds with "dry hydrae outlets which can be used to 0
apparatus in the etivut of a fire in this area of our district in Cherokee County, N.C.
Wolf Creels Fire nopara_rent eurnrently provides fire protection to 23 square miles and the
availability c>f water from your pow is very desirable as we have no regular or dry fire
hydrants in our distract, In the tvemt of a fm, our depatnent relies solely on support
fim adjoining fim impartments to provide 0°` 2oker shuttle" operatiton to ovy water
firom water access pointesuch as them ponds or hydrants fmm outside our district to the
loc4on of the Am. As additional homes are planned and built in our community the
nedd for fire protection "I only increase and we very much appmciate this opportunity
to partner with you in this oftrt.
I look forward to working with you. in this matter. Pleme do trot hesitate to contact tie if
t am be of further assistance.
Sincerely;
Dasrett S. vans
Qualitative Analysis of Cumulative Impacts
For
Wilderness Creek Falls
Wilderness Creek Falls, Inc.
Cherokee County, North Carolina
April 14, 2007
Prepared by:
Wetland and Natural Resource Consultants
Introduction
Current regulations applicable to the issuance of 401 Water Quality Certifications require that the Division
of Water Quality confirm that the project it is evaluating "does not result in cumulative impacts, based
upon past or reasonably anticipated future impacts, which cause or will cause a violation of downstream
water quality standards".
DWQ currently utilizes the following documentation to implement its regulatory obligation to evaluate
cumulative impacts: "Draft Internal Policy, Cumulative Impacts and the 401 Water Quality Certification
and Isolated Wetland Program. NC Division of Water Quality, October 3, 2002, Version 1.6". DWQ's
policy provides for three levels of cumulative impact analysis. Most small-scale projects where little
impervious surface is added and where the project is situated in an already developed locale will only
require a "Generic Description" of the project's possible cumulative impacts. A "Qualitative Analysis" is
required for projects of somewhat more impact that are located near existing roads and development. A
"Quantitative Analysis" is required where a project is significantly and is likely to have a growth
stimulating effect.
DWQ's policy provides that it is applicable to private development projects, although it recognizes that
"many private development projects are unlikely to cause cumulative impacts". DWQ recognizes that
private development projects most commonly have cumulative impacts when they are "1) relatively large,
2) involve commercial development, and 3) occur in otherwise relatively undeveloped landscapes with an
impact on regional growth patterns".
For the Wilderness Creek Falls development, DWQ staff has determined that a qualitative analysis of the
potential cumulative impacts of the project in terms of its effects on downstream water quality would be
appropriate.
To determine potential cumulative impacts, this project was reviewed for any growth stimulating effects
and their downstream impacts on water quality. As described in greater detail below, the applicant does not
believe that the project will result in cumulative impacts that will cause a violation of downstream water
quality standards because it is not likely to be growth stimulating due to its size, its nature, and the fact that
it will be constructed in a relatively developed local landscape.
Project Description, Location, and Existing Site Conditions
Wilderness Creek Falls, Inc. is proposing the lengthening of 15 of 22 pre-existing infrastructure road
crossings. They are also proposing to have four existing on-line ponds permitted, one of which existed
before Mr. Frank purchased the property. These proposals are for a residential subdivision on the 481-acre
tract known as Wilderness Creek Falls. Wilderness Creek Falls is located off of Hwy. 64, west of Murphy,
in Cherokee County. The site plan consists of a residential development with 119 single-family lots
ranging in size from 0.73 to 6.37 acres. There are approximately 80 acres of common open space, most of
which will be forested. In general, the site is bordered to the north by an unnamed tributary to North Potato
Creek, to the west by the North Carolina / Tennessee border, and to the south by US Hwy 64/74. The
eastern property border runs up along the side of Angelico Mountain.
Wilderness Creek Falls is mostly forested, except on the northwest corner of the property, which contains
mowed fields and an existing pond. Towards the southern tip of the property, there is a granite mine that
has been operated for close to fifty years. There are existing roads throughout much of the site.
The Mixed Mesic Forest type dominants the landscape. This forest type occupies rich, acidic, moist, well-
drained soils and contains the most diverse plant communities in the Southeast. The dominant tree species
are American beech (Fagus grandifolia) and oaks, specifically northern red oak (Quercus rubra) and white
oak (Quercus alba). Other tree species that are abundantly common in these forests include: ash, hickory,
Fraser's magnolia, red maple, tulip poplar, hemlock, and buckeye. All are present within Wilderness Creek
Falls. This forest type also has a very diverse shrub and herbaceous layer. Species at this site include
heart's-a-bustin', mountain laurel, pepperbush, ironwood, rhododendron, spice bush, wild hydrangea, black
cohosh, bloodroot, doll's eye, false soloman's seal, galax, jewelweed, mayapple, Christmas fern, liverleaf,
and alumroot.
Tributaries on site include unnamed tributaries to North Potato Creek, and unnamed tributaries to Wolf
Creek. North Potato and Wolf Creek both flow into the Toccoa/Ocoee River, a navigable water. The
Toccoa River turns into the Ocoee at the GA/TN state line and then flows into the Hiwassee River. The
unnamed tributaries to both North Potato Creek, and Wolf Creek are classified as "C" streams.
There are several wetlands located on the site. The majority of these wetlands have been identified as
wetland seeps and are contiguous with their associated channel. These seeps are on moderate to steep
slopes. Their substrate is rocky and they may or may not contain wetland vegetation.
Elevations on the property range from approximately 1,760 feet where the unnamed tributary to North
Potato Creek leaves the property, to approximately 2,780 feet up the side of Angelico Mountain.
Project Area Description
The project is located on the NC/TN state line, 20 miles west of Murphy,NC, and 8 miles north of
Copperhill, TN/McCayesville, GA. Murphy is the county seat of Cherokee County with a population of
approximately 1,574. Downtown Murphy contains a Main Street area with restaurants and shops.
Educational opportunities around Murphy include Tri-County Community College. There are many
recreational opportunities available in this area. The Hiwasse, Cherokee, and Appalachia Lakes offer
boating, fishing and camping opportunities. Murphy is also in close proximity to the Nantahala National
Forest, which is a popular destination for hiking, camping, trout fishing. The Nantahala River is a popular
spot for whitewater rafting, kayaking, and canoeing. Another notable attraction in Cherokee County is the
John C. Campbell Folk School, a school dedicated to preserving the arts and crafts traditions of the region.
Copperhill, TN and its sister city, McCayesville, GA, cater to local residents as well as a large seasonal
population with a large variety of shops and restaurants. They are close to the Ocoee River, another
popular rafting, kayaking and canoeing destination. Due to mountain vistas, and its proximity to lakes,
rivers and designated forest areas, this area is a seasonal destination for outdoor enthusiasts and prospective
"second home" buyers. The towns of Murphy, Copperhill, McCayesville are self-sufficient, and
accommodate all of the demands for day-to-day living, work, and recreation within the area.
Watershed Description
Wilderness Creek Falls is located within the Ocoee Sub basin (HUC code 06020003) of the Hiwassee River
Basin. Some of the tributaries from this site flow across the Tennessee state line into North Potato Creek,
and then down to the Toccoa/Ocoee River, which then flows into the Hiwassee River. The rest of the
tributaries on site flow first into Wolf Creek, across the Georgia state line, and then into the Toccoa/Ocoee,
and Hiwassee Rivers.
Much of the Hiwassee basin is Nantahala National Forest and Game Land. Approximately 80% of the
basin is forested, and approximately 2% is open water. There are 989 miles of rivers in the Hiwassee basin.
There are two major lakes in the Ocoee sub basin, Appalachia Lake with 1,000 acres, and Hiwassee Lake
with 6090 acres. The largest municipality in the area is Murphy with a population around 1,600.
There are a number of high quality and outstanding resource waters in this basin. The Hiwassee River
basin is well known for its trout fishing waters. The entire Fires Creek catchment has been designated as
Outstanding Resource Waters and most of the Tusquitee Creek watershed is classified as High Quality
Waters. Tributary streams in these watersheds that have received Excellent biological ratings include Big
Tuni Creek, Johnson (Mill) Creek, Albone Creek, Coldspring Branch, Little Fires Creek and Leatherwood
Branch.
Project Induced Growth
The project is not likely to induce adjacent development primarily because there are no services, utilities, or
roads being constructed by Wilderness Creek Falls, Inc. that will be available to adjacent landowners or the
general public. There is no commercial development directly associated with site development. Murphy
and Copperhill will accommodate any induced commercial growth.
The needs of this 119 lot community will be met by the local restaurants and retail stores in Murphy or
Copperhill. Because these residents are likely to be seasonal, they are not likely to create a high demand
for additional retail or commercial ventures. There are 60 restaurants listed on the Cherokee County
tourism website which are all within less than 25 miles of Wilderness Creek Falls.
The City-Data.com website for Cherokee County was referenced for the following information. This
website reports 124 retail trade businesses which include gas stations, grocery stores, clothing stores,
furniture stores, building material stores, and appliance stores. There are 44 professional services (legal,
accounting, veterinarian) reported on this website for Cherokee County as well as 81 health care
businesses. The City-Data.com website for Polk County reports 51 retail trade businesses, 6 professional
services, and 18 health care businesses.
There are many existing retail and restaurant establishments to meet the needs of 119 new homes. Since
these are second and third homes they will not all be occupied at the same time during the year. Once
again even if the development of Wilderness Creek Falls motivates a few entrepreneurs these basic service
providers would have to go through 404/401 permitting (justification, avoidance, and minimization) for any
impacts to jurisdictional waters. Since the land in the vicinity surrounding Wilderness Creek Falls is not
urbanized the "developable" land is still available which includes small parcels of 1 to 5 acres. Parcels that
do not contain jurisdictional streams and/or wetlands should be available for the development of such
facilities if any occur. The majority of the property owners at Wilderness Creek Falls will be baby-
boomers who do not have school aged children. Therefore, no schools or other related supporting
development would occur due to the development. The following table lists essential goods and services
and their distance from Wilderness Creek Falls:
Goods and Services Distance from Wilderness Creek Falls miles
College or University 20
Gas/Service Station 6
Grocery 6
Hardware 6
Medical Care 8
Post Office 6
School 8
Summary
Wilderness Creek Falls, Inc. proposes to develop a project in Cherokee County in accordance with likely
conditions in the 401 Water Quality Certification and the 404 Permit authorizations to protect the
downstream water quality in the area of the project. Because of the project's adjacency to US 64/74 and its
close proximity to Murphy and Copperhill, the applicant does not believe that any potential effects on
growth will occur due to the development of Wilderness Creek Falls.
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Wilderness Creek Falls Slope Ma

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F, o
t o •_ .
00
J i„ C Ponds
0 to 10%
P 10 to 15%
15 to 20%
This slope map depicts areas
with less than 10% slope.
These are the areas surveyed
during archeological
t "4", investigations.
Ni?
Meters
0 125 250 500