20070379 Ver 1_401 Application_20070307

Dawn Duff
From: [e-mail]
Sent: Wednesday, February 14, 2007 11:35 AM
To: [e-mail]
Subject: Agent authorization for Cedar Pointe
Dear Dawn:
On behalf of MK Properties, you and your company are hereby authorized to act as the agent
for the Cedar Pointe Crossing Development in Buncombe County, NC, pertaining to all
wetlands permitting matters on the above referenced project.
If you have any questions, regarding this matter, please do not hesitate to contact me at
828-231-5369.
Sincerely,
Michael Pierce
President
5
20070~~~
1

~'~~ '~
Office Use Only:
USACE Action ID No.
DWQ No.
200703~~'
Form Version March OS
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39, NWP 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
-~ ~i~~
Owner/Applicant Information
Name: Michael Pierce
Mailing Address: 5 Bailey Run `
Fairview, North Carolina 28730
Telephone Number: 828-231-5369 Fax Number: 828-628-9830
E-mail Address: mknroperties(a~bellsouth.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Clearwater Environmental Consultants Inc.
Company Affiliation: Clement Riddle
Mailing Address: 718 Oakland Street
Hendersonville North Carolina 28791
Telephone Number: 828-698-9800 Fax Number: 828-698-9003
E-mail Address: clement(a,cwenv.com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cedar Pointe Crossing
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 4314, 8218
4. Location
County: Buncombe County Nearest Town: Asheville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
From Asheville, take 240 East to 74 Alternate East. Follow 74A past Baldwin Cove and
project site is across from Fairview Terrace (see Figure 1 Site Vicinity Map)
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°33.050 °N 82°28.577 °W
6. Property size (acres): 22.24
7. Name of nearest receiving body of water: Gashes Creek
8. River Basin: French
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing condition of this site is recently logged The
general land use in the vicinity of this project is residential and commercial
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project includes the development of residential and commercial outparcels with
associated parking and utilities.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to develop
Commercial Outparcel D and an associated road, Cedar Pointe Drive (see attached Impact
Plan). The proposed temporary utili crossing is to connect the rest of the proposed project
to the existing sewer system.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A NWP 12 USACE Action ID# 32495-311 (Appendix A was approved
by David Baker on June 2, 2006. This permit approved two temporary sewer line crossings on
Gashes Creek (see attached Impact Plan).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future impacts are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 7 of 13

Provide a written description of the proposed impacts: Impacts include placing 280 linear
feet of Stream B in a culvert for the development of Commercial Outparcel D and placing
fill in 0.019 acres of Wetland B for the construction of a road The proposed temporary
utility crossing requires impact to 201inear feet on Stream B (see attached Impact Plan
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Im act
p T
ype of Wetland Located within Distance to Area of

Site Number
Type of Impact
(e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
5 Permanent Forested No 0 0.019

Total Wetland Impact (acres) 0.019
3
List the total acreage (estimated) of all existing wetlands on the property: 0.193
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43 560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Im act (linear feet) (acres)
1 Unnamed tributary

to Gashes Creek permanent Perennial
3 ft 280 If 0.02
2 Unnamed tributary
to Gashes Creek Tem or
p ~' Perennial
3 ft
20 if
0.001
3 Unnamed tributary
to Gashes Creek Tem ora
p ~' Perennial
3 ft
201f
0.001
4 Unnamed tributary
to Gashes Creek Tem ora
p ry Perennial
3 ft
20 If
0.001
Total Stream Impact (by length and acreage) 340 if 0.023
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc. No Imnacts
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) T e of Im act
~ p
(lake, pond, estuary, sound, bay,
Impact
(indicate on map) ocean, etc.) (acres)

Total Open Water Impact (acres) 0
Page 8 of 13

6. List the cumulative impact to all Waters of the U_S_ resulting from the nrniect•
Stream Impact (acres): 0.023
Wetland Impact (acres): 0.019
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.042
Total Stream Impact (linear feet): 340
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Apre-application meeting was
held on November 28, 2006 with the USACE, DWQ, WRC and Clearwater Consultants. Inc.
Following discussion of the on ig'nal proposed impacts at this meetin impacts for the streams
on-site were minimized/avoided by 2,475 linear feet (Appendix B). Wetland impacts were
minimized/avoided by 0.16 acres. Other minimization methods include 4 bridges/arch pipes and
retaining walls around the commercial lots. The remaining_proposed impacts are necessary for
the development of Commercial Parcel D (280 if of stream) and a road Cedar Pointe Drive
(0.019 wetland acres). The tempor utility crossings on Stream B (Impacts 2-4) are necessary
to connect the remaining project site to the existing sewers sy tem (see impact site plan
Page 9 of 13

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's.
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc.us/ncwetl ands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed 280 linear feet of stream impact will be miti atg ed by payment into the NCEEP
Program (NCEEP report attached). Additionally 3 341 if of streams and 0 174 acres of
wetlands will be preserved on-site with 3 51 acres of upland buffer protection (see attached
Impact Planl.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Page 10 of 13

Amount of stream mitigation requested (linear feet): 2801f
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
T gone i ex[enas out su reet perpenmcwar from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page I 1 of 13

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The acreage on-site totals 22.24 acres while the
proposed impervious acreage totals 9.16 acres The proposed impervious area totals 41 2% of
the protect site. Stormwater controls include bioretention areas in the ap rking lots of the
commercial outparcels, and bioretention and stormwater detention for the residential areas (see
attached Impervious Area Plan). A final Stormwater management plan will be submitted for
express review upon receipt of the requested 404/401 authorizations
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
A previously permitted sewer line has been installed on the west side of the property (USAGE
Action ID# 32495-311). This permit application includes three proposed temporary sewer
crossings on Stream B (Impacts 2-4) for additional connections to the existing sewer system (see
attached Impact Plan).
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No
cumulative impacts are anticipated that could impact nearby downstream water quality
Page 12 of 13

XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
,7
Z Z.d - d 7
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

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CLEARWATER
Cedar Pointe Crossing Environmental Consultants. Inc.
Buncombe County 718 Oakland street Site Vicinity Map
Hendersonville, NC 28791 Figure 1
North Carolina
828-698-9800

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CLEARWATER
Cedar Pointe Crossing Environmental Consultants, Inc.
Buncombe County 718 oalaand street USGS Topographic Map
Hendersonville, NC 28791 Figure 2
North Carolina
828-698-9800

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TOTAL PROJECT AREA 7214 a. --- -`-
TOTAL STREAM LENGTH %71.1 It. ~ ~ ___________
TOTAL YfTLAND AREA O.w3 a. ------. 1
TEMPORARY STREAM IMPACTS _ - - _ __"-^ '
unum cROEGINGS cA u.
PERMANENT STREAM IMPACTS
STREAM A
0.0 II
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PERMANENT WETLAND IMPACTS
WETLAND A 00 a.
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MITIGATION
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IMPERVIOUS AREA CALCULATIONS
LOTS
Building FOOIPmf fi375 s1
Number of Condo Builtlings 22
Orrveway Total 21059 6 sf
CWf>hause 2961.1 sf
TOTAL LOT AREA 164290.7 sf 7.77 ac
ROADS
Cedar Point Drive 67057.5 sf
TOTAL ROAD AREA 6705/.5 sf 1.54 ac
COMMERCIAL
Building Foot PdMS 59720.5 sf
Parking Lots 107979.7 sf
TOTAL COMMERCIAL AREA 1677002 sf 7.65 ac
TOTAL IMPERVIOUS AREA 399048.4 sf 9.f6 ac
TOTAL TRACT AREA 9fi66B7.3 ac 22 24 ac
PERCENT IMPERYIOU6 AREA 412Yo
- ----- ~
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WATER TREATMENT AREA _
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!FI 15.
-WATER TREATMENT FOR THE CONDOMINIUM
DEVELOPMENT WILL OON515T OF BIOFILTRATION
AND STORMr4ATER DETENTION.
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Appendix A
U.S. ARMY CORPS OF ENGINEERS
WII~MINGTON DISTRICT
Action ID. SAW-2006-32495-311 County: Buncombe USGS Quad: Oteen
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: George and Barbara Pressley
Address: PO Box 489 2 0 0 7 0 3 7 9
Lake Lure; NC 28746
Telephone.No.: 828-625-1596
Size and location of property (water body, road name/number, town, etc.): Gashes Creek off of Hi2hwav
74A in Fairview. NC
Description of projects area and activity: to construct four subaqueous sewer line crossings of Gashes
Creek and tributaries to provide utility service to Southcliff Subdivision
___ _.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pemut Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action. .
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (9l9) 733-1786) to deiernine
Section 40I requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Deparhnent of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
if there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David Baker at 828-271-7980 x231.
Corps Regulatory Official David Baker Date: June 2, 2006
Expiration Date of Verification: March 18, 2007

1
1

Preliminary Threatened and Endangered
Species Assessment
For
Cedar Pointe Crossing
Henderson County, North Carolina
February 21, 2007
Clearwater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
[phone]

20
~?p379
Preliminary Threatened and Endangered Species Assessment
For
Cedar Pointe Crossing
Buncombe County, North Carol°a
' February 20, 2007
' 1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
' (T&E) species survey and habitat assessment for the proposed 22-acre Cedar Pointe
Crossing site. The T&E species survey was conducted to determine the occurrence of or the
potential for existence of federally listed threatened or endangered animal and plant species
' on the proposed site. Completion of this survey was directed by and complies with three
current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC
1531-1543), North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and
' North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106:
202.12-22).
' The referenced site is located south of U.S. Highway 74 and southeast of Reynolds High
School in Buncombe County, North Carolina (Figure 1). On site elevation ranges from
2,200 feet to 2,300 feet MSL. (Figure 2).
' 2.0 METHODOLOGY
' A preliminary protected species survey was conducted on August 3, 2006 and January 17,
2007, on the MK Properties project site by Clearwater Environmental Consultants, Inc., to
' determine the potential for occurrences of listed threatened and endangered animal and plant
species by current federal or state regulations.
' Recent database information for listed species was acquired from the U.S. Fish & Wildlife
Service (USFWS) and the NC Natural Heritage Database on January 17 and February 5,
2007 concerning the presence or potential occurrence of threatened or endangered species in
' Buncombe County, Carolina (appendix A).
'The USFWS lists the following thirteen federally threatened and endangered species as
' occurring or potentially occurring in Buncombe County. The species listed below were
included in the surveys and assessment.
CI
1
2

r

0

~J

Table 1. Federally listed species for Buncombe County, North Carolina
Common Name Scientific Name Status
Appalachian elktoe Alasmidonata raveneliana Endangered
Bog turtle Clemmys muhlenberii T(S/A)*
Oyster mussel Epioblasma capsaeformis Endangered
Tan riffleshell mussel Epioblasma florentina walkeri Endangered
Spotfin chub Erimonax monachus Threatened
Spreading avens Geum radiatum Endangered
Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered
Rock gnome lichen Gymnoderma lineare Endangered
Gray myotis bat Myotis grisescens Endangered
Eastern cougar Puma concolor cougar Endangered
Bunched arrowhead Sagittaria fasciculata Endangered
Mountain sweet pitcherplant Sarracenia rubra ssp. jonesii Endangered
Virginia spirea Spirea virginiana Threatened
*Threatened due to similarity of appearance with northern bog turtle
3.0 HABITAT CLASSIFICATION
The protected species audit consisted of a pedestrian survey. During field surveys, seven
general habitats were identified and compared with recognized habitats for each of the
thirteen species potentially occurring on the site. Potential flora and fauna were identified to
the taxonomic unit level necessary to determine if the observed specimen was a protected
species. A plant list for this site is included in Appendix B. Plants were identified to the
lowest taxonomic level readily discernible in the field during the time of survey.
The following is a description of each of the six habitat types identified on the referenced
site (See Figure 4). A soils discussion is also provided.
3.1 Roadside Disturbed (RD)
This habitat is directly adjacent to U.S. Highway 74 and is maintained by
occasional mowing. This habitat exhibits some characteristics of old field
habitats. The vegetation within this habitat type is dominated by fescue grass
(Festuca sp.), and broom sedge (Andropogon virginicus). Margins of this habitat
also contain shrubs such as Rubus spp. (blackberry), Rhus spp. (sumac), and
invasive shrubs such as Lonicera japonica (honeysuckle), Ligustrum sinense
(privet), and Rosa multijlora (rose). Perennials and annuals were not identifiable
at time of survey due to dormancy. This habitat is not suitable for protected
species.
3

' 3.2 Sewer Line (SL)
' This habitat has been created by clearing all vegetation associated with red
oak/hickory and pine/oak heath communities. It exists as a flat compressed
graded zone that will be maintained with herbaceous vegetation.
' 3.3 Red Oak/Hickory Forest (ROH)
' This habitat is defined as sites with dry to mesic slopes and partly sheltered
ridgetops. Ages of trees vary from 30-75 yrs old and the habitat has been
selectively logged recently. This mesic community is composed of red oak, white
' oak, and hickory species that are less than 50 years old. Sapling conifers were
observed in sunny patches and include Pinus strobus (white pine), Pinus
virginiana (Virginia pine), and Tsuga canadensis (Canadian hemlock). Dominant
' red oaks observed include Quercus rubra (red oak), Quercus falcata (southern red
oak), and Quercus velutina (black oak). White oaks observed include Quercus
alba (white oak) Quercus prinus (chestnut oak). Other trees observed include
' Carya tomentosa (mockernut hickory) Liriodendron tulipfera (tulip poplar),
Cornus Florida (dogwood) Fagus grandiflora (beech) and Oxydendron arboreum
(sourwood). Shrubs observed include scattered Ilex opaca (American holly),
' Viburnum acerifolium (maple leaf viburnum), Kalmia latifolia (mountain laurel),
Hydrangea arborescens (Hydrangea), and Euonymous americanus (strawberry
bush). Scattered herbaceous members included Polystichum acrostichoides
' (Christmas fern) and Rubus spp. (blackberry). This habitat is the dominant
community type on the property. Clear cutting and thinning has taken place in
' this habitat over the past 1-5 years (See Photo 1).
3.4 Pine/Oak/Heath (POH)
' This xeric community is found along the ridges between the topographic draws of
the main slope, with sections along the central eastern and central western sections
' of the property. Approximate tree age is less than 50 years old. This habitat has
been selectively logged recently. Trees observed include Q. velutina, Q. rubra, and
Q. falcata and are interspersed with older evergreens such as P. strobus and P.
' virginiana. Shrubs layer is dominated by K. latifolia interspersed with smaller
patches of Rhododendron maximum (rosebay), Vaccinium spp. (blueberries) and
Gaylusaccia spp. (huckleberries). The herb layer is composed of Pteridium
aquilinum (brakenfern) and various asters such as Senecio spp. (ragwort). Clear
cutting and thinning has taken place in this habitat over the past 1-5 years (See Photo
2).
3.5 Clear Cut (CC)
This habitat was created through cutting of the red oak/hickory and
pine/oak/heath overcanopy. It is composed of mixed conifers, hardwoods, and
hardwood shrubs. Tree species observed include Pinus strobus, L. tulipfera, A.
4

' rubrum, Quercus spp., and K. latifolia. Invasive species such as Lonicera
japonica (Japanese honeysuckle), Eleaegnus umbellata (silverbenry), Ligustrum
' sinense (Chinese privet), and Rosa multijlora (multiflowered rose) are patchy and
dense. Species observed in the shrub area include dog hobble, goldenrods and
blackberries. The shrub layers in some of these areas are very dense. This habitat
' is not suitable for protected species. Due to the nature of logging on the property,
this habitat can be found interspersed between the red oak/hickory and also the
pine/oak/heath communities (See Photos 3 and 4).
' 3.6 Stream Beds and Banks (STR)
' These freshwater habitats include the streambeds and banks of the unnamed
tributaries and creeks on the property. Gashes Creek and 2 unnamed tributaries flow
through the site. This habitat is varied and often contains mesophytic and
' hydrophytic plants along the banks. Permanently rooted aquatic plants are
practically non-existent in the streams on site.
' (See Photos 5 and 6).
3.7 Swamp Forest Bog Complex (SF)
'
This habitat is defined as oorl drained bottomlands with visible
p Y

' microtopography of ridges and depressions along creeks. Some emergent wetland
areas exist between forested canopies. Species observed in the overstory are
comprised of red oak/hickory hardwood trees and conifers such as Pinus strobus
and Tsuga Canadensis are found along the border. Species observed in the shrub
' layer include Alnus serrulata (alder), Lindera benzoin (spicebush), Clethera
acuminata (cinnamon barked clethera) Viburnum cassinoides (witherod), Ilex
verticillata (swamp holly), Rhododendron viscosum (sweet azalea) and Vaccinium
spp. Species observed in the herb layer include Lycopodium lucidulum (shining
clubmoss), Woodwardia sp (chain fern), Juncus spp. (rushes), Carex spp. (sedges)
Osmunda cinnamomea (cinnamon fern) and Osmunda claytonii (interrupted fern).
' Small clumps of Sphagnum spp. and other mosses are occasional.
~ 3.8 Soils
Soils mapped by the Natural Resources Conservation Service (MRCS) Buncombe
' County Soil Survey Sheet Number 13-31. Soils included Udorthents-Urban land
complex (UoB) 0-5% slopes, occasionally flooded; Udorthents-Urban land
complex (UoU) 2-30% slopes; Urban land (Ur); Udorthents (Ud) loamy; Urban
land-Udorthents complex, 2-60% slopes; and Evard-Cowee complex, 15-30%
slopes, eroded (See figure 3).
5

' 4.0 LISTED SPECIES & ACKNOWLEDGED HABITATS
The following is a brief description of each listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species:
' 4.1 Appalachian elktoe
The Appalachian elktoe (Alasmidonata raveneliana) is federally endangered mussel
' in North Carolina. This mussel has a thin but not fragile, kidney-shape shell,
reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide.
Juveniles generally have ayellowish-brown periostracum (outer shell surface)
' while the periostracum of the adults is usually dark brown to greenish-black in
color. Although rays are prominent on some shells, particularly in the posterior
portion of the shell, many individuals have only obscure greenish rays. The shell
' nacre (inside shell surface) is shiny, often white to bluish-white, changing to a
salmon, pinkish, or brownish color in the central and beak cavity portions of the
shell; some specimens may be marked with irregular brownish blotches.
'
The species has been reported from relatively shallow, medium-sized creeks and
rivers with cool, clean, well-oxygenated, moderate- to fast-flowing water. The
' species is most often found in riffles, runs, and shallow flowing pools with stable,
relatively silt-free, coarse sand and gravel substrate associated with cobble,
boulders, and/or bedrock. Stability of the substrate appears to be critical to the
' Appalachian elktoe, and the species is seldom found in stream reaches with
accumulations of silt or shifting sand, gravel, or cobble. Individuals that have
been encountered in these areas are believed to have been scoured out of upstream
' areas during periods of heavy rain, and have not been found on subsequent
surveys.
' Currently, the Appalachian elktoe has a very fragmented, relict distribution. The
majority of the surviving occurrences of the Appalachian elktoe appear to be
' small to extremely small and restricted to scattered pockets of suitable habitat.
Historically, the species has been recorded from Tulula Creek (Tennessee River
drainage), the main stem of the French Broad River, and the Swannanoa River
(French Broad River system), but has apparently been eliminated from these
' streams.
Potential habitat does not exist on the property. Due to lack of suitable habitat on
' the property, it is our opinion that this project is not likely to impact the
Appalachian elktoe.
' 4.2 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is threatened in North Carolina. This is
the smallest emydid turtle, and one of the smallest turtles in the world. Adult
carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown or black
6

' carapace may be marked with radiating light lines or a light blotch on the
vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and
' young adult specimens, but the carapace may be nearly smooth in old adults. The
head, neck, and limbs are typically dark brown with variable reddish to yellow
spots and streaks. A large reddish-orange to yellow blotch is visible behind and
' above each tympanum, sometimes merging into a continuous band on the neck.
The upper jaw is weakly notched. The plastron is also brown or black, but often
with lighter yellow blotches towards the medial and anterior scute edges. A
' mature male bog turtle has a concave plastron and a long, thick tail, with the vent
posterior to the rear edge of the carapace with tail extended. The female has a flat
plastron and a thinner, smaller tail, with the vent at or beneath the rear carapace
' edge.
The southern population of the bog turtle, ranging from southern Virginia to
t northern Georgia, is also protected with a threatened designation because its
physical appearance is similar to the northern population. The southern bog turtle
population is separated from the northern population by approximately 250 miles.
' However, individual bog turtles in the southern population closely resemble
individuals in the northern bog turtle population, causing difficulty in enforcing
prohibitions protecting the northern population. Therefore, the Service is
designating the southern population as "threatened (similarity of appearance)."
This designation prohibits collecting individual turtles from this population and

' bans interstate and international commercial trade. It has no effect on land
management activities of private landowners in southern states where the bog
turtle lives.
' The bog turtle (C. muhlenbergii) was not found on this property. It is our opinion
that this project is not likely to impact the bog turtle.
4.3 Oyster mussel
The oyster mussel (Epioblasma capsaeformis) is federally endangered in North
' Carolina. It is a small (maximum about 70 millimeters or 2.1 inches) freshwater
mussel. Its periostracum (outer shell surface) has a dull to sub-shiny yellowish to
green colored shell with numerous narrow dark green rays. The shells of females
' are slightly inflated and quite thin and fragile towards the shell's posterior margin.
The nacre (inside shell surface) is whitish to bluish-white in color [see Johnson
' (1978) for a more complete description of the species
The oyster mussel inhabits small to medium rivers in areas with coarse sand to
boulder substratum (rarely in mud) and moderate to swift currents. It is
sometimes found associated with water-willow beds and in pockets of gravel
between bedrock ledges in areas of swift current. Reports exist that this species,
like other freshwater mussels, can bury itself below the substratum surface.
' Females have been observed to lie on top of the substratum while releasing
glochidia (larvae).

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' The oyster mussel historically occurred throughout much of the upper Tennessee
and Cumberland River drainages in Alabama, Kentucky, North Carolina (in the
' French Broad River sections of Buncombe County), and Tennessee. Although
not seen in recent years, the species may still persist at extremely low numbers in
the lower Nolichucky River, Cocke and Hamblem Counties, Tennessee, and in the
' Little Pigeon River, Sevier County, Tennessee. No current records exist for North
Carolina.
' The required oyster mussel habitat of large swift moving streams and rivers do
not exist on the property. It is our opinion that this project is not likely to impact
the oyster mussel.
' 4.4 Tan riffelshell mussel
' The tan riffleshell (Epioblasma florentina walkeri) is federally endangered in
North Carolina. This mussel is a medium-sized (7 cm) freshwater mussel with a
brown to yellow colored shell with numerous green rays. Like other freshwater
' mussels, the tan riffleshell feeds by filtering food particles from the water column.
The specific food habits of the species are unknown, but other juvenile and adult
freshwater mussels have been documented to feed on detritus, diatoms,
t phytoplankton, and zooplankton. The diet of tan riffleshell glochidia, like other
freshwater mussels, comprises water (until encysted on a fish host) and fish body
fluids (once encysted).
' The tan riffleshell has been re orted historicall
p y throughout Tennessee and
' southwestern Virginia in the Tennessee River system in the Duck River, Red
River, Middle Fork Holston River, and Hiwassee River. The only known
reproducing population exists m Indian Creek, a tributary to the Clinch River
' (Tazewell County, VA), though individuals from non-viable populations have
been recorded in the Clinch River, Middle Fork Holston River, and the Hiwassee
River
' The tan riffleshell inhabits sand and gravel substrates and is usually found in
headwaters, riffles and shoals. This type of aquatic habitat was not encountered
' on the property. Due to the small size of streams and distance from existing
habitat streams for the species, it is our opinion that activities at this site are not
likely to impact the tan riffleshell mussel.
4.5 Spotfin chub
' The spotfin chub (Erimonax monachus) is federally threatened minnow in North
Carolina. It is a member of the Cyprinidae family and has a slightly compressed,
elongated body ranging in standard length from about 20mm early in the first year
to about 85mm in the third year of growth. This is a small species growing to a
maximum size of 92 millimeters standard length. The body is elongate; the mouth
inferior; usually there is one pair of minute, terminal labial barbels; scales
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moderate to somewhat small in size; a distinctive large black spot is present in the
caudal region. Juveniles and adult females are olive above with the sides largely
silvery and the lower parts white. Large nuptial males have brilliant turquoise-
royal blue coloring on the back, side of the head, and along the mid-lateral part of
the body; lesser blue is found in at least some fins; all fins are tipped with satiny
white during peak development of color. Based on observations and
morphological comparisons, it appears that the spotfin chub is a sight feeder,
selecting minute insect larvae from clean substrates. An examination of nine
specimens revealed that diptera were the dominant food items, comprising 93.4
percent of the total, with the remaining food items consisting of immature
mayflies, stoneflies, and caddisflies.
The spotfin chub inhabits moderate to large streams, 15 to 70 meters average
width, with a good current, clear water, and cool to warm temperatures. These
streams have pools frequently alternating with riffles. The fish has been taken
from a wide variety of substrates, although rarely, if ever, from significantly silted
substrates. The spotfin chub has been observed associated with sand, gravel,
rubble, boulder, and bedrock substrates:
North Carolina critical habitat for the spotfin chub includes Macon and Swain
Counties with drainages into the Little Tennessee River, and the main channel
from the backwaters of Fontana Lake upstream to the North Carolina-Georgia
State Line.
The lack of large streams on the property likely prevents the existence of spotfin
chub habitat. Therefore, it is our opinion that this project is not likely to impact
the spotfin chub.
4.6 Spreading avens
The spreading avens (Geum radiatum) is federally endangered plant in North
Carolina. It is distinguished by mostly basal leaves with large terminal lobes.
The stems are 8-20 inches tall. The inflorescences are indefinite cymes of large
bright yellow flowers. There are no other similar species of Geum in the
Southeast.
Habitat is in the Southern Blue Ridge Mountains on high-elevation cliffs,
outcrops, and steep slopes which are exposed to full sun; also in thin, gravelly
soils of grassy balds near summit outcrops. Habitat also includes open, exposed
high elevation cliffs, outcrops, steep slopes and gravelly talus associated with
cliffs with shallow acidic soils. Associated species include Leiophyllum
buxifolium (sand myrtle), Menziesia pilosa (minnie bush), Rhododendron
catawbiense (bay rhododendron), Aster spp. (aster), Carex spp. (sedges), Solidago
spp. (goldenrods), Heuchera villosa (alum root), Saxifraga michauxii (saxifrage),
and various grass species. The cliffs that this species inhabits are often adjacent to
Picea rubens (red spruce) dominated coniferous forests.
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Threats to this species include trampling, commercial, residential and recreational
development. Air pollution may also inhibit plants.
No suitable high elevation bald and boulder habitat was found for spreading avens
(G. lineare) on this site. It is therefore our opinion that this project is not likely to
impact the spreading avens.
4.7 Carolina northern flying squirrel
The northern flying (Glaucomys sabrinus coloratus) squirrel is federally
endangered in North Carolina. This small nocturnal gliding mammal is some 260
to 305 millimeters (10 to 12 inches) in total length and 95-140 grams (3-5 ounces)
in weight. It possesses a long, broad, flattened tail (80 percent of head and body
length), prominent eyes, and dense, silky fur. The broad tail and folds of skin
between the wrist and ankle form the aerodynamic surface used for gliding.
Adults are gray with a brownish, tan, or reddish wash on the back, and grayish
white or buffy white ventrally. Juveniles have uniform dark, slate-gray backs,
and off-white undersides.
The northern flying squirrel is a nocturnal creature found in mixed forests from
the Alaskan and Canadian tree line southward to Northern California and
Colorado to Central Michigan and Wisconsin and in North Carolina and
Tennessee. They are also found in higher elevations of the Southern Appalachian
Mountains, the Black Hills and the Sierra Nevada. Carolina flying squirrel and
the Virginia northern flying squirrel are subspecies that are on the endangered
species list.
Carolina northern flying squirrels are omnivorous. They eat seeds, nuts, and
fruits of conifers, oaks, other trees, and shrubs. They also eat lichens, fungi,
arthropods, eggs, and birds. They forage in trees and on the forest floor and may
bury seeds in ground, or store food in crevices. Flying squirrels use cavities in
mature trees, snags, or logs for cover. Most nests are in cavities in trees or snags.
Some nests are constructed on tree branches using twigs and leaves; occasionally
a bird's nest is remodeled. Nests are lined with bark, leaves, lichens, or twigs.
Mature, dense conifer habitats intermixed with various riparian habitats support
flying squirrel populations. Large trees and snags required. These tree squirrels
live near rivers and streams, and probably require drinking water, at least in
summer.
Forested ecotones on this site were not suitable for the Carolina northern flying
squirrel (G. sabrinus coloratus). No flying squirrels were encountered during the
pedestrian survey. Due to the lack of high elevation old growth forests on the
site; it is our opinion that this project is not likely to impact the Carolina northern
flying squirrel.
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4.8 Rock Gnome Lichen
The rock gnome lichen (Gymnoderma lineare) is federally endangered in North
Carolina. It is found on rocks in areas of high humidity either at high elevations
(usually vertical cliff faces) or on boulders & large rock outcrops in deep river
gorges at lower elevations.
Distinguishing characteristics include its growth pattern in dense colonies of
narrow (.04 inch) straps that are blue-grey on the upper surface and generally
shiny-white on the lower surface. Lichen strips near the base grade to black (the
similar species of squamulose Cladonias are never blackened toward the base).
Fruiting bodies are borne at the tips of the straps & are black (similar Cladonia
species have brown or red fruiting bodies).
Threats to this lichen include trampling, commercial, residential and recreational
development; possibly air pollution; collection; and coniferous forest decline.
No suitable habitat of humid and rocky outcrops was located on site for the rock
gnome lichen (G. lineare). No specimens of this lichen were found during the
pedestrian survey. It is our opinion that this project is not likely to impact the
outcome of the rock gnome lichen.
4.9 Gray mysotis bat
The gray bat (Myotis grisescens) is federally endangered in North Carolina. It is
the largest member of its genus in the eastern United States. The gray bat weighs
from 7 to 16 grams. Its forearm ranges from 40 to 46 millimeters in length. One
feature which distinguishes this species from all other eastern bats is its uni-
colored dorsal fur. The other bats have bi- or tri-colored fur on their backs. Also,
the gray bat's wing membrane connects to the foot at the ankle instead of at the
base of the first toe, as in other species of Myotis. For a short period after molt in
July or August, gray bats are dark gray; but their fur usually bleaches to russet
between molts. This difference in fur color is especially apparent in females
during their reproductive season in May or June. Little is known about the actual
feeding habits of gray bats. However, limited observations indicate that the
majority of insects eaten are aquatic species, particularly mayflies.
Gray bat colonies roost only in caves and cave-like habitats. Human disturbance
and vandalism may have been primarily responsible for the decline. Disturbance
of a maternity colony may cause thousands of young to be dropped to the cave
' floor where they perish; excessive disturbance may cause a colony to completely
abandon a cave. Other factors which contributed to the decline included pesticide
poisoning, natural calamities such as flooding and cave-ins, loss of caves due to
inundation by man-made impoundments, and possibly a reduction in insect prey
over streams that have been degraded through excessive pollution and siltation.

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Improper cave gating or cave commercialization has also contributed to some
population declines.
Neither the gray bat (M. grisescens), nor its required cave habitat were observed
during the pedestrian survey. Due to the lack of suitable cave habitat on the
property, it is our opinion that this project is not likely to impact the gray bat.
5.0 Eastern cougar
The eastern cougar (Puma concolor cougar) is federally endangered in North
Carolina. It is known by many common names, including puma, mountain lion,
catamount, and panther. Next to the jaguar, it is the largest North American cat.
Weights range from 80-225 pounds (36-103 kg). Adult cougars weigh an average
of 140 pounds and are seven feet from nose to tip of tail (tail is almost as long as
the body). Color is brown to gray above and whitish below. The eastern cougar
is described as a large, unspotted, long-tailed cat. Its body and legs are a uniform
fulvous or tawny hue. Its belly is pale reddish or reddish white. The inside of this
cat's ears are light-colored, with blackish color behind the ears. Sometimes the
cougar's face has a uniformly lighter tint than the general hue of the body.
Length varies from 5-9 feet (150-275 cm); this measurement includes the 26-32
inch (66-82 cm) tail. Males are larger than females. Cougars have long, slender
bodies and small, broad, round heads. Ears are short, erect and rounded. The
short fur is usually tawny (brownish red-orange to light brown), more tan in the
summer months and grayer during the winter. The muzzle, chin and underparts
are a creamy white. Black coloring appears on the tip of the tail, behind the ears,
and at the base of the whiskers on the sides of the muzzle. Immature cougars are
paler, with obvious dark spots on their flanks.
No preference for specific habitat types has been noted. The primary need is
apparently for a large wilderness area with an adequate food supply. Male
cougars of other subspecies have been observed to occupy a range of 25 or more
square miles, and females from 5 to 20 square miles.
' Because of the high development activity around the site in question, this area is
not remote enough for the Eastern cougar (P. concolor cougar). There was no
evidence of this animal observed and development of this property is unlikely to
' have any effect on the eastern cougar. It is our opinion that this species is not
likely to be impacted by this project.
' S.1 Bunched arrowhead
The bunched arrowhead (Sagittaria fasciculata) is federally endangered in North
' Carolina. This perennial herb is an emergent aquatic plant (6-13 inches tall) with
spatulate leaves (up to 12 inches long and 3/4 inch wide), and white, 3-petalled
flowers in an erect spike.
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Habitat is within oxbows and seepage areas with very low water flow and no
stagnation; soils are sandy loams overlain by muck 10-24 inches deep; some shade
is beneficial. It is currently found only in Henderson County in North Carolina in
oxbow lakes and other emergent wetlands.
Potential wetland habitat for the bunched arrowhead (S. fasciculata) exists on the
property; however the pedestrian survey conducted in August 2006 and January
2006 did not observe any specimens of the bunched arrowhead. It is our opinion
that this project is not likely to impact this species.
5.2 Mountain sweet pitcherplant
The mountain sweet pitcherplant (Sarracenia rubra ssp. jonesii) is federally
endangered perennial herb. The mountain sweet pitcher plant grows from 21 to
73 inches tall. Its numerous and erect leaves grow in clusters and are hollow and
trumpet-shaped, forming slender, almost tubular pitchers with aheart-shaped
hood. The pitchers are a waxy dull green with Criss-crossing maroon-purple
veins. The hair inside the pitchers' tube is usually bent downward, and the tubes
are often partially filled with liquid and decayed insect parts. Flowers of the
mountain sweet pitcher plant are usually maroon with recurving petals. The
stalks are erect and bear one flower each. Other common names for this species
are trumpets, bugle-grass, bog-bugles, dumb-watches, watches, buttercups, Eve's
cups, biscuit flowers, frog bonnets, fly bugles, and huntsman's cups.
This plant currently exists in 10 locations in Henderson and Transylvania
Counties, North Carolina, and Greenville County, South Carolina. The four
North Carolina populations are located in the French Broad River drainage. Five
of the six Greenville County, South Carolina populations are in the Saluda River
drainage, and one is in the Enoree River drainage. All of these populations are
small; some of them cover less than 50 square feet. Sixteen other known
populations have been eliminated
Habitat is restricted to bogs and streamsides along the Blue Ridge Divide, this
plant's populations are generally found in level depressions associated with
floodplains. A few populations can be found along the sides of waterfalls on
granite rock faces. Herbs and shrubs usually dominate the bogs where these
plants are located, but there may be a few scattered trees. The bog soils are deep,
poorly-drained combinations of loam, sand, and silt, with high organic matter
content and a medium to highly acidic composition.
Potential boggy depression wetland habitat may exist on the property; however
the pedestrian survey conducted in January did not observe any specimens of the
mountain sweet pitcherplant (S. rubra ssp. jonesii). It is our opinion that this
project is not likely to impact this species.
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5.3 Virginia spirea
Virginia spirea (spirea virginiana) is federally threatened in North Carolina. It
has cream-colored flowers on branched and flat-topped axes. This shrubby plant
grows from 2 to 10 feet (0.6 to 3 meters) tall and has arching, upright stems. Its
alternate leaves are of different sizes and shapes. Distinguishing characteristics
include cream-colored flowers; and the pedicels, lower leaf surfaces and floral
cups are glaucus. spirea virginiana spreads clonally and forms dense clumps
which spread in rock crevices and around boulders. Flowering occurs in June and
July.
Virginia spirea is unique because it occurs along rocky, flood-scoured riverbanks
in gorges or canyons. Although it is an unusual requirement, flood scouring is
essential to this plant's survival because it eliminates taller woody competitors and
creates riverwash deposits and early successional habitats. These conditions are
apparently essential for this plant's colonization of new sites. spirea is found in
thickets. Common woody vine associates include Vitis spp. (grapevines). Other
plant associates include Osmunda regalis (royal fern), Vernonia sp. (ironweed) or
Verbesina spp. (wing-stem), Physocarpos opulifoius (ninebark); Alnus serrulata
(smooth alder) or and Zanthorhiza simplissima (yellowroot). The bedrock
surrounding spirea habitat is primarily sandstone and soils are acidic and moist.
Spirea grows best in full sun, but it can tolerate some shade.
Virginia spirea faces a variety of threats. Most extirpated populations were
eliminated by reservoir construction, and this is still a threat. Although spirea
needs some flooding to maintain its habitat requirements, severe flooding or
inundation caused by dams would eliminate the species. Suitable habitat has
disappeared throughout the range, either because of severe flooding or water
stabilization which reduces scouring. Clear cutting to stream edges and the
removal of riparian soils and vegetation are also a threat.
No potential rocky, flood scoured riparian habitat was noted for the Virginia
spirea (S. virginiana). Nor were individuals of the genus observed during the
pedestrian survey. It is our opinion that this project is not likely to impact the
Virginia spirea.
' S.0 CONCLUSION
' The following habitats were found on site; old field, sewer line cut, red oak/hickory,
pine/oak/heath, clear cut, streams, and swamp forest. Threatened and endangered
assessments did not find appropriate rock outcrop habitat for the rock gnome lichen or the
' Virginia spirea. A lack of wilderness habitat excluded the presence of the eastern cougar
from the site. High elevation species such as the spread avens and the Carolina northern
flying squirrel did not have appropriate habitat on the site. Further, suitable aquatic habitat
14

' for riverine species such as the Appalachian elktoe, tan riffelshell mussel, and the oyster
mussels was not found.
' During completion of threatened and endangered species assessments for the project site,
marginally suitable habitat for the wetland species such as the mountain sweet pitcher plant
' and the bunched arrowhead were observed. Although these habitats may exist along the
wetland in the floodplain, none of the species were encountered during the pedestrian
searches. As such, the proposed project is not likely to cause an adverse impact to any
' federally listed threatened or endangered species.
Although no federally listed threatened and endangered species were identified during
' these surveys, because of the transitory nature of some of the listed threatened and
endangered species and the particular flower/fruiting periods of some plants, it is possible
that endangered species populations and locations may change over time. Therefore, any
potential findings at a later date should be fully investigated and coordinated with
appropriate agencies to prevent potential adverse impacts.

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Appendix A
Agency Correspondence
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Appendix B
Species List
17

Acer rubrum
Alnus serrulata
Andropogon virginicus
Arctium minus
Asplenium platyneuron
Aster sp.
Berberis thunbergii
Betula nigra
Carex sp.
Carpinus caroliniana
Carya sp.
Clethera acuminata
Cornus Florida
Dryopteris intermedia
Dryopteris marginalia
Elaeagnus umbellata
Euonymous americanus
Fagus grandiflora
Festuca sp.
Halesia tetraptera
Hammamelis virginiana
Hydrangea arborescens
Ilex opaca
Ilex verticillata
Juncus sp.
Kalmia latifolia
Ligustrum sinense
Lindera benzoin
Liriodendron tulipfera
Lonicera japonica
Lycopodium lucidulum
Oxydendron arboretum
Osmunda cinnamomea
Osmunda claytonii
Panicum sp.
Paulownia tomentosa
Perilla frutenscens
Phytolacca americana
Pinus strobus
Pinus virginiana
Platanus occidentalis
Polystichum acrostichoides
Prunus serotina
Pteridium aquilinum
Pyrularia pubera
18

Quercus alba
Quercus coccinea
Quercus prinus
Quercus rubra
Quercus velutina
Rhododendron maximum
Rhododendron viscosum
Rhus sp.
Rosa multiflora
Rubus phoenicuolous
Rubus sp.
Rumex crispus
Sambuccus canadensis
Smilax sp.
Solanum caroliniense
Solidago sp.
Sphagnum sp.
Taraxacum officinale
Toxicodendron radicans
Trifolium repens
Tsuga canadensis
Vaccinium sp.
Various bryophytes
Viburnum nudum
Woodwardia sp.
Zanthorhiza simplissima
19

Appendix C
(Photographs)
20

Ts

~- `y ~'
~ ~
„,k.~.
. ,~

~« ~.
. ~:
~~,.
s--
~"
~~~ ~ ~;
.+.1
~~RA~
~" ' >•i, r
r ~?fi' ;
n~ ~°~
Photo 1. View of central ridge of red oak/hickory with pine and hardwood undercanopy
from clear cutting.

21
Photo 2. View of central ridge with pine/oak/heath community.

v~
~
o
~
T9
Photo 3. View of southern side of central ridge, facing west. Pine/oak/heath community
is upslope and clearcut red oak/hickory is downslope.
Photo 4. View of southern property boundary from central ridge facing south across
clearcut community.
22

n
Photo 5. Typical riparian habitat along the northern tributary with surrounding swamp
forest.
Photo 6. View of southern tributary riparian habitat in red oak hickory woods and swamp
forest.
23

6.0 References
Radford, A.E., H.E. Ashles and C.R. Bell. 1964. Manual of the Vascular Flora of
the Carolinas. The University of North Carolina Press. Chapel Hill, NC. 1183
PP•
Schafale, M.P., and A.S. Weakley. 1990. Classification of the natural communities
of North Carolina: third approximation. North Carolina Natural Heritage
Program Division of Parks and Recreation. North Carolina Dept. of
Environment, Health, and Natural Resources. 325 pp.
United States Fish and Wildlife Service Division of Endangered Species. Species
accounts at http://www.fws.gov/endangered/i/q/sag5b.html.
24