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Home My WebLink About20221472 Ver 1_SAW-2022-02300 NWP27_01192023_20230119U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2022-02300 County: Henderson GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Conserving Carolina / Attn: Kieren Roe Address: 847 Case Street Hendersonville, North Carolina 28792 Telephone Number: (828)697-5777 Location description: The proposed project area is comprised of 97.38 acres of land to the south of the French Broad River, northwest of the intersection of Etowah School Road and Pleasant Grove Road in Henderson County, North Carolina (Parcel Numbers: 9528-93-5163 and 9528-02-0016). The approximate central project area latitude is 35.29823 and longitude is -82.58723. Description of projects area and activity: The proposed project consists of restoration activities associated with Little Willow Creek, unnamed tributaries of French Broad River, wetlands and open waters using natural channel and bank design techniques. The objectives of the proposed restoration activities are to stabilize stream banks and channels, establish native riparian buffers, construct flood benches, restore floodplain wetlands, restore aquatic habitat, and to prevent additional soil loss to downstream surface waters. This will improve the natural ecology of streams, wetlands, and buffers at the proiect site. In addition, the proposed project includes the creation of a backwater slough which will provide a connection between the French Broad River to its historical floodplain and provide breeding habitat for muskie. In order to achieve the floodplain and breeding habitat connection, an approximate 70-foot section of the bank of the French Broad River will be breached as a part of this project. Special Conditions: 1. No tree clearing/cutting shall occur in the proiect area between April 1 and October 30. 2. The proiect will be visually monitored for a period of 18 months after completion of construction activities to ensure structures, banks, and channel are stable. Also, vegetation will be visually monitored through two (2) growing seasons after completion of plantings to ensure vegetation has become well established. The permittee will repair and/or replace any structures, stream banks, or vegetation failures during this monitoring period. The permittee will submit a photo log of the project site to the agencies by December 31 of each year until the monitoring period ends. NOTES: 1. The trout moratorium has been waived for this project. 2. In order to further reduce effects/impacts on fish and wildlife resources, the following recommended actions should be implemented for this project: a. Please refer to the table in Section VII (B) of the attached document entitled Region 4 Intra-Service Section 7 Biological Evaluation Form from the U.S. Fish and Wildlife Service dated January 18, 2023, for actions to mitigate and minimize impacts. b. Please refer to the attached letter from the North Carolina Wildlife Resources Commission dated November 23, 2022, for recommendations to further reduce effects to fish and wildlife resources. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: Nationwide Permit 27 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above noted special conditions, and your submitted application and attached information dated October 13, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. 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 Resources (telephone 919-807-6300) to determine Section 401 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 Department 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 Brooke Davis at 828-271-7980, ext. 4232 or brooke.a.davis@usace.army.mil. Corps Regulatory Official: Brooke Davis Expiration Date of Verification: March 14, 2026 Copies Furnished (via email): Andrew Moore, NCDWR Andrea Leslie, NCWRC Laura Fogo, USFWS David Brown, Jennings Environmental, PLLC Date: January 19, 2023 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ BANK GRADING AREA SEE DETAIL SHEET 5.3 IAA 2 FREN BROAD ki f• RI VER ri ••••4- - \ � t EXISTING SITE ACCESS ROAD it 4 j I I A .2C/ y V 41.t/•/ }II l \ .rf• ill ' -)'S :Al).4-1 jr -' 1 ( l �' J I /If } �)s t-'"t1ii;�'r'\ •//l:A, I 1 i 5, I! — N� ~ 1un _ _ rt.s7 1 1114111 - —� A" 10111 1 SOIL STABILIZATION AREA 9r <r 11 \1\" I \ \\\l\\\\\ \ r a, \1 \\,\ S1\\10 s\\\\\ {" s S 4. /4 ?-? 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'%'::: -'-'' -.. -, .,,--' INSTALL LOG DEBRIS JAMS - IN: E,,X___IS,. TING DITCH EVERY ._ __;!,_/..../)/01\\:-'4-40's:‘, \ \ 1 \ :901/ \ i ,,,,_ „ _ \ „, N., „. ,A.,,,,,,,,,:‘,.,,, \ \ 4, •,,,,,, _-44,,,,,,,,,,, \ ‘ • ‘;. „if • L Cif 11. • • r rill (j/ / 1\17 1: )\ 111\- )1 (\l? A\ \kr (:,1)7(iti\\:,\ s ( \I tr: jj 1:11_17-\,—, y‘1,‘....--17,i (t ? 4-- As FEMA FLOODWAY R/W DESIGN GRAVEL _ 73 73 -44 Ryvv di I • • LEVEE BREACH AREA SEE DETAIL SHEET 5.3 • • • • • STREAM RESTORATION SEE SHEET 3.1 - 3.6 • DESIGN SITE /10 OkA, ct. o tz- 36" CMP CULVERT -10 0 150 300 Feet EXISTING SITE FEATURES R/W PARCEL BOUNDARY RIGHT-OF-WAY EXISTING MINOR CONTOUR EXISTING STREAM EXISTING DITCH • EXISTING CULVERT FEMA REGULATORY FLOODWAY 100YR FEMA REGULATORY FLOODWAY - EXISTING SITE ACCESS ROAD FW FISH HABITAT ZONE (FHZ) SEE DETAIL SHEET 2.1 FLOODPLAIN WETLAND SEE SHEET 2.2 • / LEVEE BREACH AREA SEE DETAIL SHEET 5.3 o o 36" CMP CULVERT DESIGN SITE FEATURES 111,111,111,111, FEMA 100YR FLOODPLAIN FLOODPLAIN WETLAND 18" CMP CULVERT DESIGN MAJOR CONTOUR DESIGN MINOR CONTOUR DESIGN GRADING LIMITS DESIGN GRADING TOE OF SLOPE STREAM RESTORATION BANKFULL STREAM RESTORATION CENTERLINE DESIGN SITE ACCESS ROAD DESIGN DITCH / CHANNEL PLUG DESIGN BANK GRADING DESIGN LEVEE BREACH AREA DESIGN SOIL STABILIZATION AREA DESIGN FILL AREA DESIGN PARKING AREA DESIGN FORD CROSSING DESIGN LOG DEBRIS JAM CD 4E) 7 SAMUEL ASHE DRIVE oo oo Cn cri NC COA: P-1932 LU PLEASANT GROVE FLOODPLA HENDERSON COUNTY - NORTH CAROLINA cC PERMIT DRAWING DATE: 09/30/2022 PLOT SIZE: 24" x 36" H.D.: NAD83 (NCSP) V.D.: NAVD88 JE PIN: 5002 1. 1 7 Th J 7 c'o6 0 7 7 z 7 N • 7 EXISTING DITCH 7 L 7 L 7 / — — 7 7' I /z EXISTING POND n \. - \ i1i — 7 ti \ \ \ j\ \ \ �\ \ \ \ors\\ \\ r 5 '•••`' if 7 \ 7 7' FEMA REGULATORY FLOODWAY (FRENCH BROAD RIVER) 7' / 1 r 7 ti DEEP POOL 7 7 "l V2 _ 7 ti 0 0 \\\ FISH HABITAT ZONE (FHZ) PLUG AND FILL DITCH SEE DETAIL SHEET 5.3 LOW FLOW CHANNEL S TOE OF SLOPE GRADING LIMITS n 7 2\ \ GRADING LIMITS TOE OF SLOPE LOW FLOW CHANNEL DEEP POOL FLOODPLAIN WETLAND Fk7 • —_-\\ 1\V�� A• ��\ _ \ \ - \ \_ 7 • • \ 7' F47 K \ 7 / 7. Fkfr FRENCH BROAD RIVER BED ELEVATION AT MOUTH OF FHZ ELEV. = 2,058.5' /I'\ / •• / I • \. WET DEPRESSIONS LOW FLOW CHANNEL Fpfr vFip GRADING LIMITS TOE OF SLOPE • 40 80 Feet EXISTING FEATURES — — 2070 — — EXISTING MAJOR CONTOUR EXISTING MINOR CONTOUR EXISTING STREAM EXISTING DITCH FEMA REGULATORY FLOODWAY FW DEEP POOL TIE FLOODPLAIN WETLAND INTO LITTLE WILLOW CREEK Ffrfr • BREACH AREA s'-- LEVEE BREACH AREA LOW FLOW CHANNEL c044 44\\-v DESIGN FEATURES DESIGN MAJOR CONTOUR DESIGN MINOR CONTOUR GRADING LIMITS GRADING TOE OF SLOPE STREAM RESTORATION BANKFULL STREAM RESTORATION CENTERLINE DITCH / CHANNEL PLUG N 0 N. • 7 SAMUEL ASHE DRIVE Ln oo 1.2 dt- NC COA: P-1932 0 0 LU cc PLEASANT GROVE FLOODPLA HENDERSON COUNTY - NORTH CAROLINA FLOODPLAIN WETLANDS AND FISH HABITAT ZONE (FHZ) PERMIT DRAWING DATE: 09/30/2022 PLOT SIZE: 24" x 36" 1" = 40' H.D.: NAD83 (NCSP) V.D.: NAVD88 JE PIN: 5002 2.1 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Originating Person: Laura Fogo, Asheville Ecological Services Field Office Telephone Number: 828-258-3939 ext.42228 E-Mail: laura_fogo@fws.gov Date: 1/11/2023 PROJECT NAME (Grant Title/Number): Pleasant Grove Floodplain and Little Willow Creek Restoration; Conserving Carolina: Cooperative Agreement Number: F 19AC00664 (PFW). I. Service Program: X Ecological Services Federal Aid Clean Vessel Act Coastal Wetlands Endangered Species Section 6 X Partners for Fish and Wildlife Sport Fish Restoration Wildlife Restoration Fisheries Refuges/Wildlife II. State/Agency: NC/USFWS III. Station Name: Asheville ES Field Office IV. Description of Proposed Action (attach additional pages as needed): For purposes of this consultation, the project "action area" is in relation to the physical location of the "Pleasant Grove Floodplain Restoration," includes all areas to be affected directly or indirectly by the federal action and not merely the construction footprint. The project action area considers areas adjacent to, and downstream of the project that relate to project -mediated modification to water quality, riparian, vegetation, floodplain function, aquatic organism passage, and flow regime. In 2017, Conserving Carolina (CC), acquired the 102-acre Pleasant Grove property located approximately 6 miles west of Hendersonville, within the Crab Creek Township, north of Pleasant Grove Road, adjacent to the Upper French Broad River, in Henderson County, North Carolina. CC, the French Broad River Partnership, and the US Fish and Wildlife Service (USFWS) all cooperatively recognize the "Upper French Broad River Subbasin Restoration and Protection Area" focal area as high priority for preservation and restoration. Partners have conducted several habitat restoration projects within this focal area to benefit rare species within the Upper French Broad River. Historical land use was agriculture in the 1950's. In approximately 2007, a developer attempted 1 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM and failed to construct the Seven Falls development into a golf course community, destroying streams and wetlands and violating Section 404 of the Clean Water Act, and state environmental laws. Little Willow Creek, and the unnamed tributary of Little Willow Creek, were realigned into a new channel. Two large ponds and three small ponds were excavated while developing the golf course, and ditches were improved draining wetlands. Today, the site has re -vegetated with native and non-native species, and the remnants of the environmental damage to the floodplain, streams, and wetlands remain. This property was identified in the USFWS Asheville field office strategic plan as a very high priority for conservation and restoration. In 2020, the USFWS Partners for Fish and Wildlife Program funded $25,000 toward 30% planning and design to develop an ecosystem restoration plan, and also for restoration on the ground. In 2020, the USFWS NC Ecological Services Office appointed $425,000 to go toward restoration from the Duke Energy, Dan River Coal Ash settlement funds through the National Fish and Wildlife Foundation. Rare aquatic species are known within approximately 1.1 miles upstream of the action area within the French Broad River, including two freshwater mussels, the federally endangered Appalachian elktoe mussel (Alasmidonta raveneliana), and the at -risk proposed threatened Longsolid mussel (Fusconaia subrotunda). Within the floodplain of the French Broad river, the federally endangered Gray bat (Myotis grisescens), and Northern long-eared bat (Myotis septentrionalis), along with the at -risk, proposed endangered tricolored bat (Perimyotis subflavus), are known to occur. The Southern bog turtle (Glyptemys muhlenbergii) occurs within protected mountain bogs within 2 miles of the action area. The federally threatened Virginia spiraea (Spiraea virginiana) occurs upstream within the Upper French Broad River within the riverbanks. The candidate Monarch butterfly (Danaus plexippus plexippus) is found throughout the watershed. Staff from the NCWRC have communicated that the Upper French Broad River is an important watershed for muskellunge (muskie) spawning and juvenile habitat, and also for the state listed Eastern hellbender (Cryptobranchus alleganiensis alleganiensis). The site has excellent potential for restoration and enhancement of aquatic and terrestrial habitats as well as opportunities for recreational access, education, and outreach. Specific vegetation communities and habitat types are considered in the restoration design that includes river bank restoration- 3 levee breaches, and two bank stabilization areas; 1 levee breach to connect the river to the 10 acre pond to promote muskellunge spawning areas; installation of 4 ditch plugs with log debris jams every 250 feet; the removal of an existing culvert and replacement with an access ford crossing; the creation/restoration of floodplain wetlands to include shallow depressions and pools; the creation of native pollinator habitat; and the restoration of Little Willow Creek and UT of Little Willow Creek by realigning the existing channel using natural channel design methods, and backfilling the majority of the old channel (Reference "5002 Pleasant Grove Permit drawing 30SEPT2022)." 2 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM V. Pertinent Species and Habitat: A. Include species/habitat occurrence map: The action area is adjacent to the new Bright Farms CAR Greenhouse at 822 Pleasant Grove Road, in Hendersonville, NC. Latitude: 35.297324, -82.586356. See attached map below of the project area. B. Listed and/or proposed species, and/or critical habitat that occur or may occur within the project area are found in the table below. STATUS' SPECIES/CRITICAL HABITAT Appalachian elktoe (Alasmidonta raveneliana) E Virginia spiraea (Spiraea virginiana) T Gray bat (Myotis grisescens) E Northern long-eared bat (Myotis septentrionalis) T proposed E Southern bog turtle (Glyptemys muhlenbergii) T (S/A) Tricolored bat (Perimyotis subflavus) At -risk proposed E Longsolid mussel (Fusconaia subrotunda) At -risk proposed T Monarch butterfly (Danaus plexippus plexippus) C 1STATUS: E=endangered, T=threatened, PE=proposed endangered, PT=proposed threatened, CH=critical habitat, PCH=proposed critical habitat, C=candidate species 3 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM VI. Location (attach map): Upper French Broad River Subbasin Restoration and Protection Project Areas ate... rxr;. ErvuNre u'a. I I 0 1.25 2.5 FOR6E crrluNrA Of 5 Miles Mauir- of Mud Creek NA)les pNSERUING EAROLINA Mountain Home. yior se Shoe 'PIr7Q hurst `Etowah Ji enderson„Ile Juno Wiz NOR JEY,ER MOliNrA1N • Hy der Pasture Kanuga Bag Li2 r !lI11 s rFErol.FF- mm rcFr._:cw:er:ncr ,�,Vtrir (=AITI^ FF.F '.:1�FF-:'l-I, !. SCS '::SF FS' lI FTI Ai:.fl� conserving Cansllna conserved Land - 2019 ProJ8t15 A. Ecoregion Number and Name: (Southern) Blue Ridge Ecoregion (66) B. County and State: Henderson County, North Carolina C. Section, township, and range (or latitude and longitude): Crabtree Township, 35.297324, -82.586356. D. Distance (miles) and direction to nearest town: Pleasant Grove is approximately 6 miles west of Hendersonville, NC. E. Species/habitat occurrence: The following federally listed and at -risk species occur or may occur in the action area: Appalachian elktoe (Alasmidonta raveneliana), occupied habitat occurs on the French Broad River habitat from Rosman to the mouth of Hominy Creek in Asheville, NC; the at -risk longsolid (Fusconaia subrotunda) co-occurs with Appalachian elktoe. The endangered Gray bat (Myotis grisescens) occurs above and below the action area, and likely forages along the river in the action area; the threatened Northern long-eared bat (Myotis septentrionalis) is documented outside the action area, but may occur along with the at -risk tri-colored bat (Perimyotis subflavus). A natural heritage site is located .46 miles across the river known as the McClure's Bog. Records for the Southern bog turtle (Glyptemys muhlenbergii) occurred here in 2007. The candidate Monarch butterfly (Danaus plexippus plexippus) occurs in Henderson County. 4 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM VII. Determination of Effects: A. Explanation of effects of the action on species and critical habitats in item V. SPECIES/ CRITICAL HABITAT IMPACTS TO SPECIES/CRITICAL HABITAT Appalachian elktoe Current records for occupied habitat of the Appalachian elktoe (Alasmidonta (Alasmidonta raveneliana) on the French Broad River is located raveneliana) between Rosman, NC, to the mouth of Hominy Creek. No surveys have been conducted recently in the action area, but it is likely to occur. The current conditions at the site include a sparse riparian buffer consisting of some invasive species, native trees, shrubs, and some eroding streambanks. Two locations on the French Broad River bank that exhibit severe erosion will be sloped back to a 3:1 slope then bio-stabilized with biodegradable erosion control matting, then planted a native seed mix and live stakes. Three levee breaches will be installed to allow floodwaters into the floodplain to create fish habitat connecting to an existing pond. The remaining buffer, on the river bank will be preserved. Conserving Carolina and PFW are working on privet invasive species control. This project will help improve water quality and aquatic habitat on the French Broad River by biostabilizing the river banks, and installing levee breaches to increase river floodwaters onto the drained landscape. Negative impacts can occur from excessive sedimentation into the river during construction. While acute impacts are expected to water quality during construction, considerations are and will be made to minimize disturbance to the extent necessary to provide appropriate functional uplift to aquatic and other wildlife resources. Virginia spiraea This project will result in disturbance to existing vegetation (Spiraea virginiana) (including shrubs) within the action area. This species has not been documented within this reach of the French Broad River watershed. No negative direct impacts to this species are expected. 5 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Gray bat (Myotis grisescens) The endangered Gray bat (Myotis grisescens) is known to occur above and below the action area, and likely utilize the river for foraging, commuting habitat. However, since they primarily roost in caves and man-made structures, negative impacts from the project are not expected. Habitat restoration construction is planned to occur February through May and possibly into June, 2023. Ground and soil disturbance will be minimized to the maximum extent possible. The majority of the riverbank is devoid of mature trees, because of historical agricultural use and bank erosion. Plans are to restore erosion areas within the riparian buffer and return the floodplain hydrology on the landscape. Practices will involve levee breaching sections within the riparian buffer, and bio- stabilization of the riverbank where needed. Trees will only be removed if it prevents the restoration objectives. Native species of trees and shrubs of this natural community will be planted. Positive impacts could result in increased usage of floodplain restoration areas, including one large pond that will be connected to the river. This project is expected to result in indirect positive benefits to this species. Therefore, the direct effects of this action to this species are believed to be discountable and, the long term and cumulative effects of this action will be beneficial. 6 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Northern long-eared Current NC Natural Heritage Program data documents that there are bats (NLEB) no records within the action area though surveys have not been done (Myotis here. While it is unknown if this site contains occupied habitat, there septentrionalis) is potential for this species to be present. The proposed action is to restore the riparian buffer. In two locations on the river bank that exhibit severe erosion, the bank will be sloped back to a 3:1 slope then bio-stabilized with biodegradable erosion control matting, then planted with a native seed mix and live stakes. Three levee breaches will be installed to allow floodwaters into the floodplain to create fish habitat connecting to an existing pond. The remaining buffer, on the river bank will be preserved. Restoration practices will be conducted to move Little Willow Creek by constructing a new channel using natural channel design methods. The old channel will be filled. Open water ponds will be connected on the floodplain to help restore the floodplain hydrology, create connectivity, and create shallow water wetland habitat for amphibians and reptiles. Potential negative impacts: This restoration project will require the removal of trees in both areas. Negative impacts to foraging/commuting/roosting NLEBs could occur from construction after dark. Tree removal during construction could affect NLEB by removing trees used by bats for roosting during the active season when they are on the landscape. This is the primary concern. Construction will occur between February and May and possibly into June, 2023. Tricolored bat While it is unknown if this site contains occupied habitat, there is (Perimyotis potential for this species to be present. The proposed actions are the subflavus) same as NLEB above. Potential impacts to tricolored bat could occur from construction after dark while bats are foraging. Tree removal during construction could affect tricolored bats by removing trees used by bats for roosting during the active season when they are on the landscape. Construction will occur between February and May and possibly into June, 2023. 7 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Southern bog turtle While it is possible that bog turtles historically occupied this site, it is (Glyptemys muhlenbergii) unlikely that they are present now. Southern bog turtle (Glyptemys muhlenbergii) populations and occupied habitat may be found within 2 miles from the action area. McClure's bog, a natural heritage site is located .46 miles across the river. Occurrence records occurred here in 2007. Several Southern Appalachian Mountain Bog conservation and restoration projects are ongoing within the action area to benefit Southern bog turtle. Positive impacts: This project is anticipated to result in increased wetland and floodplain habitat for the Southern bog turtle. Negative impacts: Negative impacts are not expected since it is unlikely turtles currently occupy the site. Longsolid mussel The longsolid freshwater mussel has been petitioned to be listed as (Fusconaia federally threatened. This species co-occurs with the Appalachian subrotunda) elktoe. While it is unknown if this site contains occupied habitat, there is potential for this species to be present. No surveys have been conducted recently, but it is likely to occur. See current conditions under Appalachian elktoe above. Positive impacts: This project will help improve water quality and aquatic habitat on the French Broad River by biostabilizing the river banks. Acute impacts are expected to water quality during the active bank stabilization. Negative impacts can occur from excessive sedimentation into the river during construction. While acute impacts are expected to water quality during construction, considerations are and will be made to minimize disturbance to the extent necessary to provide appropriate functional uplift to aquatic and other wildlife resources. 8 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Monarch butterfly (Danaus plexippus plexippus) The candidate Monarch butterfly is known to occur within the county. Positive impacts: Maintaining a portion of the existing early successional habitat for reproduction. Creating new habitat within the spoil areas after construction. Negative impacts: The action of converting early successional habitat to forested habitat within riparian buffers could impact monarch butterfly habitat. The existing condition of the early successional habitat is poor containing few pollinator species, exotic grasses, and no milkweed. Restoration construction undertaken during the larval stage of the monarch butterfly could affect reproduction and foraging abilities. 9 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM B. Explanation of actions to be implemented to reduce adverse effects: ACTIONS TO MITIGATE/MINIMIZE IMPACTS SPECIES/ CRITICAL HABITAT Appalachian elktoe Project implementation will occur between February to May or (Alasmidonta June, 2023. The Asheville ESFO aquatic biologist plans to raveneliana) conduct an aquatic survey prior to river bank restoration and levee breaches for Appalachian elktoe as a conservation measure. Best Management Practices and conservation measures will be implemented to reduce sedimentation into the French Broad River. Due to the nature of the construction, however, there may be short periods where sedimentation occurs downstream of the project site. Ground/soil disturbance will be minimized to the extent possible. This is unavoidable since construction will occur in the active channel. Because one purpose of the project is to stabilize and reduce existing sources of sediment, it is expected that any project related effects of sedimentation will be insignificant in relation to existing input, and the overall long term effect of the project will be beneficial to this species. Efforts will be made to limit and expedite equipment time spent digging in the stream channel. Most work will occur from the banks and inland. The design attempts to minimize sediment and other potentially negative impacts through the following practices: • The contractor will be required to mobilize all equipment and materials necessary for stabilization work before beginning any stream work. Equipment will be well - maintained, cleaned prior to mobilization, and checked daily for leaks of petroleum products. Fueling will be performed in a contained area at least 200 feet from surface waters. An emergency spill plan will be required • A contingency plan should be developed for the use of all hazardous materials, including spill containment, clean up, and notification of the appropriate regulatory agencies and water purveyors in the event of a problem. Spill kits, sorbents, and containers for disposal should be retained on the site. • The installation of erosion control measures and practices will occur prior to land disturbing activities. Sediment fence will be installed on the stream side of stockpiles 10 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM SPECIES/ ACTIONS TO MITIGATE/MINIMIZE IMPACTS CRITICAL HABITAT and staging areas. Sediment fence will be installed along the toe of the slope of disturbed areas within the stream channel as needed to control siltation into surface waters. • The contractor will be required to stage his work such that disturbed areas will be stabilized with seeding, mulch and biodegradable (coir) erosion control matting (where appropriate) prior to the end of each work day. No erosion control matting or blankets will contain synthetic (netting) materials. Selection of temporary seed mixture species to plant shall be according to optimal planting dates, and a combination of heat and cold tolerant species to maximize germination rates. Permanent seed mixtures will include those species native to the area and suitable for riparian plantings and site conditions, and will be broadcast at recommended application rates. Selection of species for permanent seed mixture shall include optimal planting dates and soil drainage adaptation. Selection of native woody plants (live stakes and seedlings) will include those adapted to site conditions. • All trees, utilities and other site features will be protected unless marked for removal or relocation. • All work in or adjacent to stream waters should be conducted in a dry work area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures should be used to prevent excavation in flowing water. These diversion structures should be removed immediately after the instream work is finished. A pump around operation shall be used to divert flow during construction when practical. • Construction should be timed to occur during low water events for the particular channel. Stream flow data is available online from the U.S. Geological Survey (USGS) as follows: http://waterdata.usgs.gov/ • The contractor will dispose of channel debris removed as a component of the project at a suitable disposal site agreed upon by the landowner and project stakeholders, and outside the active channel or floodplain of any stream. 11 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM 7 ACTIONS TO MITIGATE/MINIMIZE IMPACTS SPECIES/ CRITICAL HABITAT Virginia spiraea (Spiraea Adverse effects will be minimized by avoiding the removal of virginiana) Virginiana spiraea if found during construction. Any plants located and within areas to be disturbed will be salvaged and replanted within the project area. Gray bat (Myotis Minimization measures include retaining snags, and large native grisecens) trees throughout the site as much as possible, and an avoidance of cutting trees that contain dead wood, and deep crevices. Adverse effects will be minimized by avoiding construction activities at night during the bat maternity and pup -rearing season, and when bats are on the landscape within the riparian buffers during the moratorium, March 15- November 15th, if possible. Positive impacts: Restoration and retention of current riparian habitat; increase the riparian buffer to stabilize the French Broad River bank; increase shade for aquatic life, and increase gray bat foraging and commuting habitat in the future. Minimizing the felling of trees outside of the time when bats appear on the landscape following hibernation through the bat maternity season (March 15- November 15st). This project is expected to result in indirect positive benefits to this species. The direct effects of this action to this species are believed to be discountable and, the long term and cumulative effects of this action will be beneficial. 12 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM ACTIONS TO MITIGATE/MINIMIZE IMPACTS SPECIES/ il CRITICAL HABITAT Northern long-eared bats Trees will only be removed, where necessary for construction, (Myotis septentrionalis) before April 1 to avoid the NLEB moratorium. The USFWS flagged approximately 9-10 potential bat roosting trees with dead wood and cavities within the riparian buffer and creek areas to avoid if possible. If other similar trees are found, avoidance is requested. Trees will only be removed if it prevents the restoration objectives. Where possible, it is recommended to retain and preserve large older trees for current and future bat roosting habitat. The landowner plans to allow the property to grow back into a floodplain forest. To avoid impacts to NLEB, felling of trees will occur outside of the time when bats appear on landscape following hibernation through the bat maternity and pup -rearing season moratorium (April 1— October 30). This project is expected to result in indirect positive benefits to this species. The direct effects of this action to this species are believed to be discountable and, the long term and cumulative effects of this action will be beneficial. Tricolored bat Follow the same actions as noted above for the NLEB to avoid (Perimyotis subflavus) impacts to tricolored bat. 13 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM ACTIONS TO MITIGATE/MINIMIZE IMPACTS SPECIES/ il CRITICAL HABITAT Southern bog turtle (Glyptemys muhlenbergii) 1. While it is unlikely that bog turtles currently occupy the site, given the close proximity of known sites, we recommend the following actions be implemented: In wetland and ditch areas, visual ground inspections will occur prior to beginning work to ensure that turtles are not present in any construction areas. If any turtles are found within any areas scheduled for restoration activities, the USFWS and N.C. Wildlife Resources Commission will be notified and work will stop within the immediate area until workers receive approval from the USFWS to proceed. 2. For invasive species eradiation, no open containers of pesticide will be placed within the wetland areas. 3. To reduce the risk of spills within the wetland, the filling and emptying of herbicide containers will occur in upland areas outside the bog buffer limits. All applicators will have a spill kit available with absorbent pads. All equipment will be inspected prior to use for leaks and to ensure it is functioning properly. 4. All treatment areas will be clearly defined. Longsolid (Fusconaia subrotunda) Follow actions to mitigate and minimize impacts as noted in the Appalachian elktoe actions above. Monarch butterfly (Danaus plexippus) Riparian buffer restoration and upland pollinator habitat should include native pollinator and nectar producing species. Avoid the removal of milkweed and native wildflower species during construction if possible. Impacts are not anticipated for the Monarch butterfly. 14 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM VIII. Effect Determination and Response Requested: SPECIES/ CRITICAL HABITAT DETERMINATION' RESPONSE1 REQUESTED NE NA AA Appalachian elktoe (Alasmidonta raveneliana) X Concurrence Virginia spiraea (Spiraea virriniana) X Concurrence Gray bat (Myotis grisescens) X Concurrence Northern long-eared bats (Myotis septentrionalis) X Concurrence Tricolored bat (Perimyotis subflavus) No jeopardy Southern bog turtle (Glyptemys muhlenbergii) X Concurrence Monarch butterfly (Danaus plexippus) X Concurrence Longsolid (Fusconaia subrotunda) No jeopardy DETERMINATION/ RESPONSE REQUESTED: NE = no effect. This determination is appropriate when the proposed action will not directly, indirectly, or cumulatively impact, either positively or negatively, any listed, proposed, candidate species or designated/proposed critical habitat. Response Requested is optional but a AConcurrencen is recommended for a complete Administrative Record. NA = not likely to adversely affect. This determination is appropriate when the proposed action is not likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat or there may be beneficial effects to these resources. Response Requested is a=Concurrences. AA = likely to adversely affect. This determination is appropriate when the proposed action is likely to adversely impact any listed, proposed, candidate species or designated/proposed critical habitat. Response requested for listed species is AFormal Consultations. Response requested for proposed and candidate species is AConferencen 15 REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Signature (originating station) date Title IX. Reviewing Ecological Services Office Evaluation: A. Concurrence X Nonconcurrence B. Formal consultation required C. Conference required D. Informal conference required E. Remarks (attach additional pages as needed): Signature date Field Supervisor Title 16 Asheville ES office 4 North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director November 23, 2022 Ms. Brooke Davis U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Pleasant Grove Floodplain Restoration — Conserving Carolina Tracts French Broad River, Little Willow Creek, UTs, and Wetlands, Henderson County Dear Ms. Davis: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to restore floodplain habitats and streams, permanently impacting 0.067 acre of wetland and 4,330 ft of the French Broad River, Little Willow Creek, and unnamed tributaries (UTs), and temporarily impacting 150 ft of Little Willow Creek and UTs in Henderson County. I have visited the site multiple times. Our comments on this application are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Wild trout reproduction should not be impacted by project activities, and a trout moratorium is not needed for the project. The application proposes to restore floodplain habitats on a 97-acre tract at the confluence of Little Willow Creek and the French Broad River. One existing pond will be repurposed as a floodplain slough that will have hydrologic connection to the French Broad River; this slough is proposed to provide breeding habitat for native Muskellunge (Esox masquinongy). Three additional areas of levee will be breached to provide floodplain connection with the French Broad River. A floodplain wetland will be created. Little Willow Creek and a UT will be treated, restoring pattern, profile, and dimension; in -stream structures such as log/boulder vanes, constructed riffles, and brush toes will be used to stabilize the channels. A riparian buffer will be planted with native herbaceous seed, shrubs, and trees, and the wetland will be planted with native seed. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Pleasant Grove Floodplain Restoration Page 2 French Broad R, L Willow Cr, UTs, Henderson Co November 23, 2022 We are supportive of this project, as it seeks to restore native aquatic and wetland habitats that are sorely lacking in the French Broad River floodplain. We offer the following recommendations to minimize impacts to fish and wildlife resources: 1. In -channel work should be accomplished as quickly as possible and vigilance used in sediment and erosion control during site preparation, construction, and clean up. Disturbed areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of each workday. 2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-4223 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program ec: David Brown, Jennings Environmental Andrew Moore, NC Division of Water Resources Scott Loftis, NCWRC Action ID Number: SAW-2022-02300 County: Henderson Permittee: Conserving Carolina Project Name: Pleasant Grove Floodplain Restoration Date Verification Issued: January 19, 2023 Project Manager: Brooke Davis Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: Brooke Davis 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date