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HomeMy WebLinkAbout20070125 Ver 1_More Info Received_20070730DR. J.H. CARTER III & ASSOCIATES, INC. Environmental Consultants , P.O. Box 891 • Southern Pines, N.C. 28388 (910) 695-1043 • Fax (910) 695-3317 ~~ _ ~ 1 as 26 July 2007 Mr. Ronnie Smith U.S. Army Corps of Engineers Wilmington Regulatory Field Office P.O. Box 1890 Wilmington, NC 28402-1890 RE: Cliffs at Waterford DWQ Project # 07-0125 ACOE Action ID. No. SAW-2006-41055-026 Dear Mr. Smith: We would like to reinstate the Nationwide Permit 14 Application for the proposed Cliffs at Waterford project located just south of Little River on NC Highway 210 in Spring Lake, Cumberland County, North Carolina. Enclosed is the US Fish and Wildlife Service's effect determination on potential impacts on the red-cockaded woodpecker (Picoides borealis) (RCW) and the RCW Management Plan. Please let us know if you need additional information. Thank you for your time. Sincer , Dr. .Carter III Environmental Consultant CC: Cyndi Karoly - N.C. Division of Water Quality Ken Averitte - N.C. Division of Water Quality ~; _. ' ~. (%;, 1 Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting Office Use Only: Form Version March OS USACE Action ID No.~V1l '~(1- ~t0~'4?'~I DWQ No. ~~~~~~ (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 14 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: ®Will be sent separately. 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 '~ ~~_5 ~ ~ ~~~ 1. Owner/Applicant Information Name: Huff-Caviness LLC - Mr. Ralph Huff III ~ ~~~~ ^.'~~x ~ ~~-~ Mailing Address: 2919 Breezewood Avenue Suite 400 ~'~~ ` ''' `.t, ~ ' `'~ Fayetteville NC 28303 Telephone Number: 910-223-0588 Fax Number: 910-223-0589 E-mail Address: 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: Dr. J.H. Carter III Company Affiliation: Dr. J.H. Carter III & Associates Inc. Mailing Address: S 15F Midland Road Southern Pines NC 28387 Telephone Number: 910-695-1043 Fax Number: 910-695-3317 E-mail Address: jcarter(u~jhcarterinc.com Updated 11/1/2005 Page 5 of 12 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 NKCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE 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: Cliffs at Waterford 2. T.LP. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0512-15-2510, 0512-25-4400, 0512-25-5904 (combined to PIN # 0512-15-2583) 4. Location County: Cumberland County Nearest Town: Spring Lake Subdivision name (include phase/lot number): Phases I and II Directions to site (include road numbers/names, landmarks, etc.): The property is located 3500 feet south of Little River, west of and adjacent to NC Highway 210. 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): 35.1924070 °N 78.9638369 °W 6. Property size (acres): 79.77 acres 7. Name of nearest receiving body of water: Little River 8. River Basin: Cape Fear River Basin (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 site is currently forested. General land use in the area consists of forestland, residential, small commercial and a 4-lane highway. The property immediately south of the site was recently clearcut. Updated 11/1/2005 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project involves installing culverts in 2 jurisdictional areas for the construction of a road. Equipment to be used includes dump trucks, bulldozers, backhoes, graders and other construction equipment. 11. Explain the purpose of the proposed work: The purpose of the work is to construct a road system on the property toprovide access to all developable areas on the site. 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. None 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 permits anticipated. Phase 3 will not impact any jurisdictional areas. 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. 1. Provide a written description of the proposed impacts: The proposed project involves installing culverts at 2 road crossings. Culvert # 1 will involve two 24 inch culverts with headwalls resulting~0.036 acre of wetland impact. There is no definable stream channel at Updated 11/1/2005 Page 7 of 12 this location. Culvert #2 will involve two 60 inch culverts with headwalls and rip-rap stabilization resulting in 0.050 acre of wetland impact and 128 linear feet of stream impact. 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 Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Wetland 1 FILL Forested no 200 feet 0.036 Wetland 2 FILL Forested no 0 0.050 Total Wetland Impact (acres) 0.086 3. List the total acreage (estimated) of all existing wetlands on the property: 5.56 acres 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 ma) Before Im act (linear feet) (acres) Wetland 2 UT to Little River Culvert Intermittent 3 feet 90 feet 0.006 Wetland 2 UT to Little River Rip-rap Intermitten 3 feet 38 feet 0.003 Stabilization t Total Stream Impact (by length and acreage) 128 0.009 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, dred~in~. flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) N/A Total Open Water Impact (acres) 0 Updated I1/1!2005 Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.009 Wetland Impact (acres): 0.086 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) _ 0.095 Total Stream Impact (linear feet): 128 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. N/A 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: 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. The road crossings are necessary in order to provide access to all developable areas of the property. The crossings are being made at the narrowest points in the jurisdictional areas in order to minimize impacts. 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. Updated I I/1/2005 Page 9 of 12 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/ncwetlands/strm~tide.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. Mitigation will be purchased from the NC Ecosystem Enhancement Program - Written approval will be sent separately. 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 (919) 715-0476 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: Amount of stream mitigation requested (linear feet): 128 linear feet Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): 0.095 acre Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Updated I l/1/2005 Page l0 of 12 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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), 1 SA NCAC 2B .0259 (Tar-Pamlico), 1 SA 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 Multiplier Required (s ware feet) Miti anon 1 3 (2 for Catawba) N/A 2 1.5 N/A Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; "Lone 2 extends an additional 20 feet from the edge of Zone 1. 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 Updated l l/U2005 Page 1 1 of 12 .: 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. There is currently no impervious acreage on the site. Phase 1 and 2 will have 6.887 acres of impervious surface and Phase 3 is estimated at 5.5 acres for a total of 15.53% impervious. Detention ponds are planned to control stormwater runoff. _ ___ 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. The development will be connected to the public sewer system. 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 an after-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: 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). p{l~icant/ gent's Sign ture Tjate (Agen s signature i y if an authorization letter from the applicant is provided.) Updated I1/U2005 Page 12 of 12 off- o~as 7 Total site PREVIOUSLY SEI 10.02 Phase 1 and 2 impervious (Based upon perliminary design at that point in time. 5.5 Future Phase 3 impervious (Based upon 70' wide road conceptual sketch and buildings) 15.52 Total 19.46% Percent Impervious Area for entire site 79.77 Total site CURRENT DESIGN 6.887 Phase 1 and 2 impervious (Roads, Buildings, sidewalks, dumpsters, etc.) 5.5 Future Phase 3 impervious (sidewalks, 24' wide road, buildings, etc.) 12.387 Total 15.53% Percent Impervious Area for entire site (as currently designed) 79.77 T 6.887 Phase 1 and 2 impervious 5.5 Future Phase 3 impervious (sidewalks, 70' road, buildings, etc.) 6.57 Potential Commercial Tracts (Based Upon 70% Impervious) (not currently proposed, no design) 18.957 Total 23.76% Percent Impervious Area for entire site (including potential commercial area Method of calculation used: Polyline was drawn around known designed impervious areas for phase 1 & 2. 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X \ ~' _~\~ rte: ~~ ~~ ~ ____. i Q ~ z U ~~ \ r ~~ Z ~~~ ~ ,O • C O z w ~. . , ~~ , , , \ ~- C ~ /V~~ , \ ' ~ i ~ { q ~ `1. l ~ ~ ~` ~ ! ~ ~! \ . ~ 0 0 N g -~ W ~ Cn 0 e S 0 °o on °o N O 0 0 0 o f o0 0 0 m ai n W B O 'z_ ~' m 0 N z (n I- Z '~ i~ VNIl021V0 H1210N '3NN~ JNRIdS a2~0~2~31`dM ~ Sddll~ 3Hl 0 8 ~ N ~~~ ~ o U a ~ ~ ~ ~ ~ O 0 o 0 ~ U o o 0 °° J W o 0 o n m o o 0 W '° J m ° o .n 0 o 0 a O ~1J O O n N o N w o o J o U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b N Y M [V O W n0 f~ t0 N Y N1 cV ~- O O~ tp n n n n n n n ro .n m ~n .o ~o m ~o ~o .n n N ~ U Q Q H ~ Z ~ w~ ~o S U li Q~ O ~ ~ ~ U ~ Z W .- ~~. ,I ~ ! \~~ 9 ~ • ~ ~ Gi d Sl~b - 90/Zl/Hl II!QOVf 6rnp•S1N3WH7VOtlON3 ONd113M-XX-O\I!MO-ZO\0l9\008\B090VH\~H o w -- o a J io 0 ao wi ~I ago ~ w °w 0'7/ 23!2007 18:52 ti i ~. 9106953322 USFWS NC SANDHILLS United States department of the Interior FISH AND WILDLII`1~ SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636.3726 July 19, 2007 Mr. Ronnie Smith U. S. Army Corps of Engineers P. 4. Box 1890 Wihnington, North Carolina 28402-1890 Dear Mr. Smith: PAGE 02 o~-o1a.5 'I'hi.s follows your phone conversation with Mr. Jolux Hammond of this o#I'xce earlier today regarding the U.S. Fish ax<d Wildlife Service's (Service) review of the document titled "Proposed Site Development Plan for the Cliffs at Waterford" The proposed development would take place just north of the Town of Spring Lake in Harnett County, North Carolina. Approximately one half of the property lies withun a foraging partition supporting ared-coelcaded woodpecker (Ficoides borealis; RCW) cluster identified as CC25. Ottr comments are provided in accordance with section 7(a)(2) of the Endangered Species Act (Act) of 2973, as amended {16 USC 1531 et seq.). The proposed Cliffs at Waterford project is amulti-use development on approximately 79.77 acres located on NC highway 210 north of the Town of Spring Lake. It is bounded by the Little River to the west, the highway to the east, an apartment complex to the north and undeveloped land to the south. The property is primarily forested by a stand of young, naturally regenerating lobjolty pine (Pious taeda). A~ three acre stand of mature longleaf pines (Pious palustris) is located on the eastern border of the property adjacent to ~Iighway 210. It contains 77 pine frets >_ 10 inches in diameter at breast height (dbh) totaling approximately 200 square feet of pine basal area. Ulustex CC25 is a North Carolina Sandhills Safe Harbor baseline site. The center of the cluster is located east of highway 210 o~n tlae NlcCormiclc Farms property. 'Three relic RCW cavity trees, (11058, 11065, 11066) assigned to CC25 are located in the southeast section of this stand. The McCormick Farms Safe ~Iarbor Agrtcment stipulates that they will provide 60 acres of suitable pine habitat to support IiCWs in CC25_ The basal area values for the pine stands within the 60 acres of foraging habitat on McCormick Farms exceed the minimum 3,000 square feet of basal area required by the revised Private Lands Guidelines, (Appendix 5 of the Service's ,Recovery plan for the red-cockaded woodpecker (Picoides borealis); second revision. U.S. Fish and Wildlife Service 2043). However, the partition's total number of acres of suitable foraging habitat is deficient by about 15 acres to ztaeet the new 75 acre minimum requirement. Q-11~ay 19, 2005 RCW survey and foraging habitat analysis completed by the project proponent's forester, Mr. Robert Edwards, concluded that other properties within CC25's foraging partition fail to contribute sufficient additional acres of suitable pine habitat to offset the 15 acre deficit..A,t the time of Mr. Edwards' survey, CC25 was believed to be occupied by RCWs. In the summer of 2005, a wildt'iure caused the destruction of approximately 32 acres of mature pine habitat within and contiguous to the CC25 cluster core. Aithvugh two cavity trees survived, monitoring data frorta 2006 indicated that the cluster may no longer be active. The property lies within the center of a RCW dispersal corridor linking RCW temtorics in the Northeast Training Area and Overhills sections of Fort Bragg. While the majority of the pine habitat on the tract does not meet the age requirement for RCW foraging habitat, it does provide sufficient forest cover serving as a travel corridor for dispersing RCWs. . .___ 0?/23,!2007 18:52 .y 9106953322 USFWS NC SANDHILLS PAGE 03 The iunitial project design entailed the removal of the mature pitae habitat on the east side of the property to allow commercial development. However, after discussions between the project proponents axed Mr. Peter Campbell, from the Service's Sandhills Sub-Office, the project design has been modified to avoid impacts to the mature pine frets on the commercial lots within CC25's foraging partition. The current design also preserves the maximum. amount of forested habitat and wetlands throughout the project area. Further, the project proponents have voluntarily agreed to ensure the maintenance of the pint habitat within the project area but outside of the CC25 foraging partition. They will place restrictive oovexaatats on the commercial properties and on the Cliffs at Waterford Homeowners' Association who will be ultimately responsible for rf~aintenance of the development. A "RCW Habitat Enhancement and Maintenance Plan" is included in the project's site development plan. The project proponents have also expressed thou willingness to negotiate a mutually beneficial agreement with the Sandhills Area Land Trust for donation of the western section of the property bordering the Lower Little River. This donation will provide additional RCW foraging habitat in the future as w¢ll as contribute to the development of a recreational river trail system. Preservation of the small acreage of suitable foraging habitat located on the commercial lots, the creation of a long-term maintenance plan for the remaining pine stands within the project area, and the donation of the remaining natural area on the west side of the property will provide current and future RCW foraging habitat anal eon~tribute to the viability of a habitat eomdor linking two important concentrations of RCWs on Fort Bragg which represent the core of the Sandhills East RCW recovery population. Based on a review of the information contained in the "Proposed Site Development Plan for The Cliffs at Waterford" and discussions between the project proponents and Mr. Campbell, the Service believes that the proposed project is not ldcely to adversely affect the RCW. We believe that the requirements of section 7(a)(2) of the Act have been satisfied. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that nay affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently raodiBed ins a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that maybe affected by tlae identified action. If you have any Suestions regarding this xxratter, please contact Mr. John Ilamnaond at 919-856-4520 (Ext. 2$). Thank you for your cor+tinued cooperation with our agency. Sincerely, cc: Ralph Costa, USFWS Pete Campbell, USFWS ~• Pete Benjamin Field Supervisor 2 ~ i 07- o~as The Cliffs at `Waterford AMulti-Family & Commerical Development Project By Huff-Caviness, LI..C. (Developer) 01-25-0'7 A multi use development of approx. 79.77 acres located on US HWY 210 north of Spring Lake NC. The development is bounded on the east by US HWY 210, on the north by Rivers Edge Apartments, on the west by the Lower Little River and the south by McCoulock property. While the property to be developed is largely small growth pine timber the developer is working with the US Fish & Wildlife Agency to preserve the maximum green space to successfully develop the property, unlike the property to the south, which was clear-cut with little regard to the environment. A small section of the tract adjacent to US HWY 210 has been identified as suitable habitat for the "red- cockaded woodpecker (RCW). Because of the actions of adjacent landowner it has made this area all the more important. In awareness of this the developer is committed to the preservation of foraging habitat for the RCW and is willing to give up valuable commercial frontage along U5 HWY Z10. Along with the foraging area there is also several large delineated wetlands, which will be preserved. These areas will be used as buffers between buildings to enhance the residential environment. Approximately one-half of this property lies within one-half mile of RCW (red cockaded woodpecker) Chester #CC901 (RCW Survey prepared by Walter E. Thomas registered Consulting Forester #409). Although this cluster is inactive the developer has agreed to preserve and protect approximately 3 acres, located along and adjacent to US HWY 210, which contains suitable foraging habitat. In agreement with US Fish & Wildlife the developer will implement an "enhancement and maintenance plan" for the entire property in the hope of increasing the overall foraging area. The proposed development will be made up of four phases. Phase one will be 3 town home buildings with 5 units each and 3 condominium buildings with 8 units each for a total of 39 residential units plus a clubhouse and pool. Phase two is a continuation of phase one with 5 town home buildings with 5 units each and 11 condominium buildings with 8units each for a total of 108 units. Phase three will be an apartment community of 12 buildings with 24 units each for a total of 288 units with clubhouse and pool, phase four is the development of commercial lots along US HWY 210. The design of this development was done to preserve the maximum amount of forest and wetlands to decrease the amount of impervious surface area and thus limit the impact on the river caused by storm water run off. Storm water will be collected by means of underground pipe system collected in storm water management ponds before controlled release into the Lower Little River. Because this is a multi stage development there will be phases to the implementation of the enhancement and maintenance plan as well as who is responsible for its enforcement. At the beginning of the constniction, both the developer and the construction group will share in the implementation under the guidance of Consulting Forester Mr. Walter E. Thomas. As the town homes and condominiums are sold maintenance and enforcement responsibilities will be transferred to the Home Owners Association formally as a part of the HOA Documents, which are a part of each deed covenant at time of sale. The HOA will employ a management company who will perform the actual work and inspection. As the developer will retain the apartment community's ownership, the enforcement of the enhancement and maintenance plan will continue to be the owner's responsibility. As the commercial property is sold, a part of its recorded deed will be the identification of the protected trees and a description of the limitation as to what can be done with respect to the trees, also the enhancement and maintenance plan will be part of the deed covenant. Lastly the Developers have indicated their willingness to negotiate a mutually beneficial agreement with the Sandhill Area Land Trust for the donation of areas of property along the Lower Little River and the rear western portion. Sincerely yours, fy~~.~. ~~~- J. Malcolm McFadyen Vice President January 25, 2007 Re: Street Maintenance agreement for Cliffs at Waterford To Whom It May Concern: The Homeowners Association for Cliffs at Waterford will be responsible for maintaining all streets and storm drains. The Homeowners Association will be responsible for maintaining the common grounds and making any necessary repairs to the property that falls under the Restrictive Covenants of the Homeowners Association. Regards, Mark Little Little & Young, Inc. Association Manager Man:~ed by: LITTLE K YOUNG, 7NC. P.O. Bux 87209 • Fflyetteville, NC 28304 rn~m wan cnn~ 'T'ntt F~~n t_RRR_'td~_ROR(1 • Fax 19101 4Rd-0132 RCW Habitat Enhancement & Maintenance Plan For THE CLIFT'S @ WATERFDRD A Multi-Family & Commercial Development Project By CONDO CONCEPTS, LLC Prepazed b~ Thomas & Wimberly, Consulting Foresters 120 Westlake Road -Suite 1 Fayetteville, NC 21314 910-487-9444 Subject Property The subject property consists of 80 acres, more or less, and is located adjacent to NC Highway #210 just north of the town of Spring Lake. Approximately one-half of the subject property lies with one-half mile of the center of RCW (red cockaded woodpecker) Cluster #CC901. Although the current status of the cluster is "inactive", major efforts are underway to restore the cluster back to an "active" status. However, the cluster has a severe deficit of suitable foraging habitat. Although the majority of the subject property does not contain suitable foraging habitat; approximately 3 acres, located along the eastern edge: of the property adjacent to Hwy #210, does contain mature longleaf pine trees that could provide 1 SO to 200 square feet of foraging substrate. The standards for stand characteristics that provide good foraging habitat are ~s follows: 1. Trees 10" d.b.h. and larger where 50% of the dominant trees are 30 years old or older. 2. A basal' area of 40 to 70 square feet per acre. A basal azea in this range provides an "open" character of the stand for freedom of movement and feeding by the RCW's. 3. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 7 feet in height. The Developers and the US Fish & Wildlife have reached an agreement whereas the Developers, for the undeveloped portion of the subject property, have agreed to implement a plan for the "enhancement and maintenance" of foraging habitat for the deficient "cluster". Description of Timber The subject property consists of two - (2) major timber stand types. Please refer to the attached "Stand Type Map'' for the location of these stand types. STAND TYPE #1 (3 acres, more or less): This stand is located along the eastern edge of the subject property adjacent to NC Highway #210. The timber consists of mature longleaf pine trees, three - (3) of which are abandoned RCW cavity trees. These trees are located within that portion of the subject property that is planned for commercial development (see the attached site plan map). Although some trees will be lost in the development process, especially for the entrance, the developers have agreed to preserve as many trees as possible. To enhance and maintain this stand as suitable RCW habitat, the following recommendations aze made. 1. Using hand labor cut down all of the existing hardwood under-story. The use of heavy equipment is not recommended since damage to the trees and their root system may occur. It is important to note that these hardwoods will sprout back. 2. After the trees aze cut down, either • Treat the stumps immediately with an herbicide such as pathway. This herbicide will prevent sprouting by killing the stump. • After the stumps sprout, treat the sprouts with an herbicide such as azsenal. This will also kill the hardwood, or • Recut the hardwoods with a blade weed eater or other tool every 3 years or as needed to prevent the hardwoods from exceeding a height of 7 feet. STAND TYPE #2 (74 acres, more or less): The stand consists of approximately 17-year-old naturally regenerated loblolly pine. The d.b.h. (diameter breast height) of the dominant trees ranges from 6" to 8", tree height ranges from 40 to 50 feet, and the basal area ranges from 60 to 120 square feet. At this age, size, and density, the stand is not suitable as foraging habitat for RCW's. The midstory consists predominantly of various oak species with a d.b.h. range of 1 to 3 inches, and a height range of 10 to 15 feet. A lazge azea of the loblolly pines will be lost during the multi-family development of this tract (please see the attached "site plan map"). The building sites, roads, parking lots, etc. will of course be clear-cut of all timber. That portion of the tract .,that will not be developed, the western side of the tract, strips of Land along Little River, drains, and property lines, and common areas within the multi-family development itself, can be enhanced and maintained to provide suitable habitat at a later date. To enhance the suitability of this stand for future foraging habitat, the following recommendations are made. 1. During the logging operation when the timber contained in clearing limits of the development is harvested, selective thin the remaining areas of pine to a minimum basal azea of 40 square feet per acre. Be sure that the dominant and Larger pine trees and any residual pines left over from the previous harvest are left for continued growth. As the remaining trees grow in size the basal area will increase, and at some point in the future additional thinning "may" be necessary to maintain the stand as suitable foraging habitat. 2. Have the logger to cut down as much of the hardwood midstory as possible while thinning the pines. Control of the midstory, whether pine or hardwood growth, is the key factor in maintaining these areas as potential foraging habitat. Frequent prescribed {controlled) burning, every 3 years or less, within the stand, especially during the growing season, is strongly recommended to control the midstory growth; however, burning may not be feasible within or near the development project due to the heavy smoke generated by the burning. The midstory can also be controlled by these other methods: • Complete removal of the hazdwoods including the root system within the common areas of the project. • Periodic cutting by the use of weed eaters, bush axes, chain saws, mowers, etc. • Liquid herbicides applied directly to the foliage of the target species. There are a variety of environmentally friendly forestry herbicides that target particular species. These herbicides generally provide 5 years of adequate control. It is recommended that the responsible party contact either the prepazer of this report, the US Fish & Wildlife Service, or other person or agency knowledgeable in the management of RCW habitat regarding when work should be performed, and for a list of contractors to perform the necessary work. Attachments: 1. Stand type map 2. Site plan map 3. "Private Land Guidelines" for RCW management THE CLIFFS @ WATERFORD A Multi-Family & Commercial Development Project By CONDO CONCEPTS, LLC "Stand Type Map " N drawn by: WALTER E. THOMAS, 120 Westlake Road-Suit. Fayetteville, NC 2831 ~, 91 ~-4R'7-9444 r .' •,:~ ~, a ~ -~ ~ ~' ',~~ ~~i~ h. i Proposed Site Development Plan for the THE CLIFFS @ WATERFORD by CONDO CONCEPTS, LLC Appendix 5: Private Lands Guidelines APPENDIX 5. PRIVATE LANDS GUIDELINES Private landowners have different responsibilities than do public land managers for endangered species conservation under the Endangered Species Act. Because of this, we provide specific guidance here for private landowners to follow on lands occupied by red-cockaded woodpeckers. However, private landowners are strongly encouraged to follow general guidelines for red-cockaded woodpecker management given in section 8 of this document. Here, we first list activities that have the potential for harass and/or harm under the definition of "take" in tl~e Act. These activities cannot be conducted within clusters and foraging habitat ofred-cockaded woodpeckers without concurrence and/or a pemut (see 4A) from the U.S. Fish and Wildlife Service. We then present guidelines for the management of foraging habitat on private lands. Finally, we give guidance on monitoring the activity status of red-cockaded woodpecker clusters specific to private landowners. Potentially Hamifiil Activities Because of the potential for hazass andlor harm under the definition of'take' in the Endangered Species Act, the following activities require concurrence and/or a permit from the U.S. Fish and Wildlife Service. 1. Removing any red-cockaded woodpecker cavity tree, through cutting, bulldozing, or any other activity. 2. Damaging an active cavity tree which results in the death of that tree. Damage includes, but is not limited to, injury to the bole or root system (generally due to heavy equipment use), exposure to herbicides, and fire scorch to the crown due to inadequate protective measures during prescribed burning. Pines are best protected from damage by intense fires through frequent low-intensity prescribed bums (see 8K). 3. Using insecticides on any standing pine tree. Prevention and control of disease and insect infestations is encouraged. Infestations of insects such as southern pine beetles are best prevented by maintaining open structure and adequate spacing between pines (see 8.l). Control of active infestations often includes the cutting of infested trees. If such control will result in losses of trees below recommended foraging guidelines (below), or in the removal of cavity trees, the U.S. Fish and Wildlife Service must be contacted prior to the action. 4. Gonstrueting roads and utility rights-of--way within a cluster. Use of existing roads, improved or unimproved, generally does not adversely affect red-cockaded woodpeckers and therefore is pemvtted. If, in the landowner's opinion, there is no reasonable alternative to construction of new roads, either improved or unimproved, or if there is no reasonable alternative to placing a utility right-of--way within the cluster, the U.S. Fish 291 Appendix 5: Private Lands Guidelines and Wildlife Service must be contacted before construction or clearing activities are initiated. 5. Construction of facilities including, but not limited to, buildings, campgrounds, recreational developments, residential dwellings, and industrial or business complexes. If, in the landowner's opinion, extenuating circumstances require a facility to be constructed in an active cluster, the U.S. Fish and Wildlife Service must be contacted during the planning phase and prior to any construction activity. 6. Planting of shrubs and/or ornamental plants that will exceed 2.1 m (7 ft) in height within 15.24 m {50 ft) of active and inactive cavity trees. If cavities are 3.05 m (10 ft) or less in height, planting any shrubs within 15.24 m (50 ft) of cavity trees may adversely affect red-cockaded woodpeckers. Construction equipment and construction material cannot be stored within 61 m (200 ft) of cavity trees. Landscaping within clusters should be accomplished with hand tools or lightweight power equipment rather than tractor- mounted equipment. Foraging Habitat We present two sets of guidelines for the management of foraging habitat. The first, named the recovery standard, is presented in 8I, and scientific reasoning underlying these guidelines is explained in ZE. However, because of differing responsibilities of private landowners and public land managers under the Endangered Species Act, it may be unreasonable to expect that private landowners manage their foraging habitat at the same level of quality at which public land managers are expected to manage their lands. Populations on public lands are required to be increasing, whereas many populations on private lands are managed for stability. For those private landowners that wish to increase the size of their population, we strongly encourage that the recovery standard be followed. However, we present an alternative set of foraging guidelines for groups in populations on private lands managed to maintain existing population size. Because our understanding of foraging requirements is not yet sufficient to identify the specific level of foraging resources at which a population changes from stable to increasing (see recovery task 5.8.), these guidelines are based on existing minimum amounts of foraging resources of groups known to be surviving and reproducing over at least short time periods. Red-cockaded woodpeckers can benefit by the establishment of lower guidelines for populations in which only stability rather than increasing trends is required, because lower guidelines can encourage private landowners to enroll in conservation agreements and participate in active management. Flexibility in guidelines, within appropriate boundaries, is an important component of successful conservation on private lands because it fosters cooperation rather than resentment (see 4A). But, these guidelines are presented with a caveat: stability of small populations cannot be attained without additional management (such as use of artificial cavities and/or translocation; see 3B, 3D, 8E, 8H). Additionally, the standard for managed stability is not designed to increase 292 Appendix 5: Private Lands Guidelines population size nor is its wide-scale implementation within a population adequate to maintain that population's viability over the long-term. It does not provide future nesting habitat or suitable, i.e., good quality, foraging habitat over the long-term. Its wide-scale implementation will result in population fragmentation with subsequent problems related to demographic stochasticity and perhaps genetic variability. Again, private landowners are strongly encouraged to manage at or toward the recovery standar nd sho~lcl ^` provide at least the standard for managed stability. The scan azd for managed stability is 1. Provide each group ofred-cockaded woodpeckers a minimum of 689 m2 (3000 ft2) of pine basal area, including only pines > 25.4 crri (10 in) dbh. 2. Provide the above pine basal area on a minimum of 30.4 ha (75 ac). 3. Count only those pine stands in suitable habitat that, for this standard only, has each of the following characteristics: a. Stands that are at least 30 years old and older. b. An average pine basal area of pines > 25.4 cm (10 in} between 9.2 and 16.1 m2/ha (40 and 70 ft /ac). c. An average pine basal area of pines < 25.4 cm (10 in) less than 4.b m2/ha (20 ftZ/ac). d. No hardwood midstory or if a hardwood midstory is present, it is sparse and less than 2.1 m (7 ft) in height. e. Total stand basal azea, including overstory hardwoods, less than 23.0 m2/ha (80 ft /ac). f. ' We recommend that all land counted as foraging habitat be within 0.4 km (0.25 mi) of the cluster, and that any stand counted as foraging habitat be within 61 m (200 ft) of another foraging stand or the cluster itself. g. Frequent prescribed burning of foraging habitat, especially during the grotiving season, is strongly recommended. Development and protection of herbaceous groundcovers facilitates prescribed burning and benefits red-cockaded woodpeckers. As stated above, the standard for managed stability can benefit red-cockaded woodpeckers on ov;~nerships not legally required to recover the species, because it encourages cooperation between landowners and the tJ.S. Fish and Wildlife Service. Previous guidelines for privately owned lands facilitated the development of successful 293 Appendix 5: Private Lands Guidelines Safe Harbor Agreements and Memoranda of Agreement (see 4A). Again, research to date does not adequately support the designation of foraging habitat that will result in stable vs. increasing populations, so these guidelines have been developed using minimum observed values for successfully reproducing groups. For the most part, the standard for managed stability reflects previous guidelines for private lands. Changes include requirements of slightly more minimum acreage, lower maximum pine densities, and tugher minimum pine densities. These modifications were made based on results of recent research described in detail in 2E. We stress the importance of adequate stand structure. Stands cannot be considered suitable as foraging habitat unless they have an "open" character. A pine stand that is 30 years in age and has an average tree diameter of 25.4 cm {10 in) or more does not necessarily qualify as suitable foraging habitat. If such a stand has not bean prescribed burned (or otherwise treated to control hazdwood midstory) and has not been thinned to a basal area of 16.1 m2/ha (70 fl /ac) or less, it will not satisfy the "open" condition criterion. Dense stands of young pine and pine/hardwood are typical of unmanaged plantations and natural regeneration areas (particulazly loblolly seedtree harvests) that have not been thinned or frequently burned. Such stands cannot be considered suitable foraging habitat simply because they have the required total and stand basal area and average stem diameter. Stand quality, as measured by an open structure, is a critical factor determining suitability and use of foraging habitat and must be considered when acceptable foraging habitat is identified. Development, with concurrence from the U.S. Fish and Wildlife Service, can occur within the 0.8 km (0.5 mi) radius surrounding the cluster. However, the level of development cannot reduce the available foraging substrate below the required standard of managed stability. Although residential and commercial facilities and their associated infrastructures (roads, right-of--way, parking areas, recreational complexes, etc.) are permitted, all reasonable measures will be taken to minimize the impact of these developments on the foraging habitat available to the red-cockaded woodpecker. In other words, developments will strive to minimize clearing for rights-of--way, road widths, residential dwellings, and commercial and/or industrial complexes. If development would result in foraging habitat losses below the recommended guidelines, a permit (see 4A) is required. Landscaping, whenever possible, should use existing natural vegetation and will not involve extensive hazdwood tree plantings. Monitoring Activity Status of Clusters Private landowners are encouraged to monitor the number of active clusters on their property and report this information annually to the Red-cockaded Woodpecker Recovery Coordinator. A description of monitoring number of active clusters, and further infortation concerning the Annual Report, is given in 3A Private landowners are not responsible for the protection and maintenance of inactive or abandoned clusters, but must adequately document that a cluster is no longer active. This section defines inactive and abandoned clusters and explains how to adequately document cluster activity status. 294 Appendix 5: Private Lands Guidelines For the purposes of these private lands guidelines, an abandoned cluster is one that has not shown any evidence of activity by red-cockaded woodpeckers for three years or more. An inactive cluster is one that is not currently supporting any red-cockaded woodpeckers and shows no evidence of red-cockaded woodpecker activity. Declaring a cluster inactive or abandoned requires the expertise of a knowledgeable biologist or other individual familiar with the identification, life history, and ecology of red-cockaded woodpeckers. The individual must have ample experience with red- cockaded woodpeckers to recognize, and interpret, the sometimes confusing and subtle differences associated with cavity status. One visit is not sufficient to determne activity status, because of several of the species' life history traits. Therefore acluster-specific monitoring program must be established for at least each cluster in question, and preferably for all clusters on the property. The objective is to determine whether any red-cockaded woodpeckers are using any cavities within the cluster. Clusters are monitored for red-cockaded woodpecker activity during early morning and/or early evening hours. The number of monitoring days and/or periods (morninglevening) required to document the use or non-use of the cluster by red- cockaded woodpeckers will depend on several factors. These factors include, but are not limited to, 1. The existing number and condition of cavities. If at least one cavity tree has fresh resin, the cluster is active. If all cavity trees appear as if abandoned for several years, one additional visit at dawn or dusk is generally sufficient to verify the absence of red- cockaded woodpeckers. In contrast, if the cluster appears possibly active, or active within the last few months, several visits may be necessary to document the presence or absence of birds. 2. Distance from, and numbers of, other known active clusters. Active clusters nearby (within a few km, or mi) increase the probability that the cluster in question is alive. '~ The number of visits to the cluster should be increased if there are active clusters nearby. 3. Time ,of year that cluster status is determined. Red-cockaded woodpeckers may not spend as much time in the fall and winter on cavity and resin well maintenance; additionally, resin flow is not as vigorous during the non-growing season. Both of these factors should be considered if cluster status is being determined during the falUwinter period. Ultimately, a significant amount of professional judgment is required when deciding upon an acceptable monitoring strategy. In general, the monitoring program should be designed to meet individual needs, to the degree necessary, to accurately determine whether or not red-cockaded woodpeckers are using the cluster. Landowners are encouraged to obtain the assistance of red-cockaded waodpeeker biologists, consultants, and other qualified individuals to help them certify the status of their particular cluster(s). 295 Appendix 5: Private Lands Guidelines As general guidance, when it is not obvious that the cluster has been abandoned for a long rime (several to many years), monitoring for either: (1) an extended period of consecutive days, with a mix of morning and evening periods or (2) a series of randomly selected days, spread over several weeks or months, will be necessary to determine the cluster's status. If new evidence, such as a change in appearance of cavi#ies or resin wells, arises during the monitoring period, even though red-cockaded woodpeckers were not observed, the existing monitoring strategy must be revised to include additional visits to the cluster. Because of the variability and uncertainties associated with individual red-cockaded woodpecker behavior, no single monitoring strategy can be designed for all situations. Strategies will be developed on a case-by-case basis and discussed with the Red- cockaded Woodpecker Recovery coordinator for adequacy and acceptability. Flexibility in design and implementation ofred-cockaded woodpecker cluster status monitoring programs is important and will be emphasized with each landowner. 296 For stand characteristics, refer to "tally card #3" for stand #3 and "tally card #4" for stands 7a thru 7e. Stands 7a thru 7e are residential lots. However, there aze 3 additional stands that are closer to the cluster center and the existing over- story ofpines would be suitable as foraging habitat with proper hazdwood control (see attached aerial photocopy). The characteristics for these stands aze as follows: Stand # No. Acres Basal Area/Acre Total Basal Area Owner 4 9.2 48 442 Donna L. Brown 5 7.6 35 266 Donna L. Brown 6 3.2 69 ~ 221 Malcolm Johnson Stand type #5 has less than the desired basal area per acre; however, stand density is good with most of the trees being in the 10 to 12 inch diameter class. Considering the growth of the trees over the next few years, the basal area should reach the minimum desired level of 40 squaze feet per acre. For additional stand characteristics, refer to: RCW cruise tally sheet #1 for stand type #4 RCW cruise tally sheet #2 for stand type #5 RCW cruise tally sheet #3 for stand type #6 All tracts are typical upland sand ridge consisting of an over-story of longleaf pine and a medium to dense mid-story of turkey oak (pre-dominantly) and blackjack oak. Except along the edge of drains, ground cover is generally sparse. The developers would also like to purchase the property that adjoins the Alabaster tract on the east side next to Highway 210. I have denoted this tract with a "B" on the aerial photocopy. In the southern tip of tract "B" is stand #9. Stand #9 consists of approximately one-half acre, and contains 28 trees that are suitable as foraging habitat. There are no cavity trees, active or inactive, present in this stand. Refer to "tally card #2" for stand characteristics. The developers, if they purchase the property, would also like to remove (harvest) these trees in order to utilize the road frontage for commercial property. In the northern tip of tract "B" is stand #8, consisting of approximately 2 acres. The existing over-story of pines would be suitable as foraging habitat with proper hardwood control. For stand characteristics, refer to RCW cruise tally sheet #4. It is my professional opinion that the removal of the trees in stands #1 & #9 would not adversely affect the perpetuation of RCW Cluster CC901. Walter E. Thomas ~ ~~ ~ ~~ >> ~ Registered Consulting Forester #409 1 ~ ~~y 1 ~ ~~y-~ ~,~ ,~-3 ~ ~-- ~~ ~ ,~ RCW Cruise Tally Sheet Landowner~~?'I~tCI ~ le f3reswn Date S/ o S Tract ~ a!7 #~ ~- Plot Siie to °! c x zc ~ z~~ ' H - herbaceaus W -woody Cr'ui5e Plot # Basal Area Pine/Hwd % Herb. Ground Cover T e" Midstory Hei ht Midstory Densit % Pine DB 10 12 H 14 16 18 20 22 24 Other Fuels Remarks I 5% ~ 10 !a-z5 D Z ~~o ~ t a 10-ZS Wl . 3 40 0 < to to-ZS D ~ ~°% ~ Ia tb_z~ ~~ r 5 56 p 1 [7 IS-3o ~ b 8% 2.0 (o • z ~ NI 7 yo~o ~o lo-2S M ~'~~ ~olD 2p /o-2s ~ 9 IDo/D ~ ID 10-30 l~( ~ . i D 8v/o < lv t0-Z~ WI ~ : t It to 0 ~ to la'2D ~ 12 ~% < to to- ~ . ~ 3 I Jo p ~ to !p 2c? /+~ ~ I~ `~0~p ~ to-Zv D l5 10 a ~e ta-Zo D t 6 LOIo 3a r v -Zo ~ 1 "! ~% Zo Ia ~ D ! 8 av~ Zb !d -t5 ~ !g 3D a / o io-Zo ~ o '~D/o 2 0 10 - 2S D ~-L 60% ~ 1O !o -zS I~ ~3 ~~~ a c i o io-L~ ~ ~ ~' S S~ ~ f9 3 ! . ~ C1~.ces ,~o z iib ~6 ~ IZ ~ i ~a~ ~ ~~e s .. , Qy d,b,n . ..... , RCW Cruise Tally Sheet ~ z. Landowner ~~~- ~~''~} /-~70Zcs~/ Date 5 r~ 0 S ' H - herbaceaus Tract a n ~ Plot Size ' r c3C W -woody zcf j ~ 2 ch - ~ ~ ° CrwSP Plot # Basal Area Pine/Hwd °l° Herb. Ground Cover 7 e' Midstory Hei ht Midstory Densit % Pine D8 10 12 H 14 16 18 20 22 24 Other Fuets Remarks I 7~~a to /D-lo (J t: u TO z /°~o / 0 /0.20 D ' ~ 3 3G v to ~ lD-Zo p 5~ o r o t o -Lo D 7-° S YG b JrD 1 o-Zb D u...C,~Y ~Y 6 U ~ /ov ro-zS D To `~ Zo/D /D to - 2 p c j o i~ ~ ~ ~ ~e )f q Q v /o ro-Z~ 0 Td (d Z% to ID-1S p T° ~'~ cU~ l l y °~v ~o r 0-25 ~ ~ ° l Z ~/D lD lb• 2U f~ nc I ~ ~ o l0 !o -~C~ (~ T6 l~ ~/U ~~ C~~rf1~ IO~ZO D %p IS 1% /o ~~~) /o-zs r~ is 16 60 0 ~ ~o io•1_o D :~ Ta 17 °~ l 0 10 /S >'~ ~: TO /'~ Sam/ o loo /~ - l ~ ~ Iq ~d o ~ lD /p-2Q Q 'I, Qu.~ s ~ ~ i~ I b y d,b, f~, RCW Cruise Tally Sheet ~3 Landowner /~CtICC~„ ~,.J Date ~ / O 5 Tract a Plot Size /p ae, ~~~y7.~ ~ ~~~.. ' H - herbaceaus . W -woody Plot # / Basal Area Pine/Hvrd l3v~o % Herb. Groun Cover T e" ~ ~~ d Midstory Hei ht Io -Zo Midstory Densit % ~ Pine DBH 10 12 u~ r. $ v ... . ~- ~ i-l, r /~..- 14 16 18 20 22 24 Other Fuels Remark: 3 i o z So/b S'p /d -ZS l~ r L i r T4 r TO ~ /oo/v ~/0 10-Z5 Y~ 1~5 ~ 3 ~ Ta 5 o g /a ~~ By 10-25 M ~ ~ ~ ~ Z I ~' ,p ~ ~ sD~D 70 /D Go !v-z5 M - r ~ TG PO Pa U _ .Z Gc~S I $ /8 /~ S 3 z o ~ ( ) rem s 72 ~Z ~8 Zc~ ~Z 8 b y .6.h . RCW Cruise Tally Sheet ~ ~' Landowner (~Uj/~ ~, ~ f ~Gc ~ Date ~ /8 Ll ~ Tract S ~ T ~ # P(ot Size ~p 'J"I-c7CT ZC~- X Zc 1 ZS °o G.cG~.n~ ' H - herbaceaus W -woody \ l~n~'Td r" O~' ~l 1 Plot # Basal Area Pine/Hwd % Herb. Ground Cover T e" Midstory Hei ht Midstory Densit % Pine DB 10 12 H 14 16 18 20 22 24 Other Fuels Remarks l 5a~o /DO~ Q_~Q ~ 2 ZajG `j 0 % tU -'-~ d (~ 3 ~°lo ~o°/a ~o.yo ~ $~~o ZO% !0-~O D ~- `~a/o ~po~ tU-NO T~ Za. S ~ .~ 3 f/ / ~ T~ Ta L # ~ /6 Zo /Z ~ ~ ~ ~ a.Q ~ i ; a Tally ~~r~/ ~r 1 TW-CT. ~! 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