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HomeMy WebLinkAbout20221742 Ver 1_Monitoring Report_202305207 Samuel Ashe Drive, Asheville, NC 28805 1 919-600-4790 1 greg@jenningsenv.com COMPLETION REPORT Date: May 20, 2023 Project: Pleasant Grove Floodplain Restoration Henderson County, NC USACE Action ID. SAW-2022-02300 DWR #20221472 Sponsor: Conserving Carolina ATTN: Kieran Roe, Executive Director kieran@conservingcarolina.org Engineer: Jennings Environmental PLLC ATTN: Greg Jennings, PhD, PE, President greg@jenningsenv.com Contractor: North State Environmental Inc Stone and Spade LLC (vegetation) ATTN: Darrell Westmoreland, CEO ATTN: John Henry Nelson darrell@nsenv.com nelsonjohnhenry@gmail.com Implementation of this project under a design -build contract was completed in March -May 2023. The 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, NC (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 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 project 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 was breached. Specific project components and quantities are listed in the table below. The As -Built Plan View is attached along with photos of the project components taken in May 2023. The project will be monitored for success according to permit conditions. Jennings Environmental PLLC is licensed with the North Carolina Board of Examiners for Engineers and Surveyors and is authorized to practice engineering under the provisions of Chapter 89C and 55B of the General Statutes of North Carolina. License Number P-1932. Jennings Environmental PLLC Habitat Restoration Component Quantity Fish Slough 7 acres Swamp Forest Mountain Bog Habitat 22 acres Floodplain Forest and Riverine Forested Buffer/Vernal Pool 29 acres Pollinator Habitat 13 acres French Broad River Bank Levee Removal and Stabilization 1,025 linear feet French Broad River Buffer Enhancement 3,500 linear feet Little Willow Creek and Tributaries Restoration 5,075 linear feet Respectfully Submitted, Gregory D. Jennings, Ph.D., P.E., President Jennings Environmental PLLC Attachments: • As -built Plan View • Photos Taken in May 2023 • Action ID. SAW-2022-02300 General Permit Verification (Certified Complete) • DWR #20221472 Approval of Individual 401 Water Quality Certification • Intra-Service Section 7 Biological Evaluation Form Completion Report Jennings Environmental PLE As -Built Plan View ) § § § \ ! § § A i \\ ~ Completion Report 3 Jennings Environmental PLLC Photos: Fish Slough Completion Report Jennings Environmental PLLC Photos: Swamp Forest Mountain Bog Habitat Completion Report Jennings Environmental PLLC Photos: Floodplain Forest and Riverine Forested Buffer/Vernal Pool Completion Report 6 Jennings Environmental PLLC Photos: Pollinator Habitat Completion Report Jennings Environmental PLLC Photos: French Broad River Bank Levee Removal and Stabilization Completion Report 8 Jennings Environmental PLLC Photos: French Broad River Buffer Enhancement y t yyh F . Y5 '1v �'rM• ��y Completion Report Jennings Environmental PLLC Photos: Little Willow Creek and Tributaries Restoration Completion Report 10 Jennings Environmental PLLC Completion Report 11 U.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 proiect 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 obiectives 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 ecologv of streams, wetlands, and buffers at the project 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 proiect. Special Conditions: 1. No tree clearing/cutting shall occur in the project area between April 1 and October 30. 2. The project 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. L /( Corps Regulatory Official: Date: January 19, 2023 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 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: hgps://re ug latory.ops.usace.gM.mil/customer-service-survey BANK GRADING AREA SEE DETAIL SHEET 5.3 0 150 300 Feet O RIVER SOIL STABILIZATION AREA BROA \ )f �,� urLilr/ �s.� -' t '• �:. t ��'��'yy -• I v +V I ki-: � v'�,-. �� EXISTING SITE FEATURES DESIGN SITE FEATURES �../ . f1,1 /V � M1 Cti^ �� �= `_=_ - � �fl• _ - .`e'er.. iif,.l Il v stert S")� lip _`s< _y-_ � 'c.�.•-,,,.� �,^ � ti`' \\`° 1�"••'--__.t__= - PARCEL BOUNDARY DESIGN MAJOR CONTOUR I I{' �� I .. Y -•_i 4 }( \IIIN(il S �_��.�._�== - =c��\ .-�! ( i r.-. / \ � ` ` �••�••�••� EXISTING SITE ACCESS ROAD r�L -�\ — LEVEE BREACH AREA R/w RIGHT-OF-WAY SEE DETAIL SHEET 5.3 DESIGN MINOR CONTOUR YS I1 a r i i\ �� \\t\\\\\\ \ N \ •\ \ �, ` EXISTING MAJOR CONTOUR DESIGN GRADING LIMITS �\�`���� � — — 2070 — — v\~ 12l r \ •\ 1J ('ik'iY{ {IF \� ^✓J~ F r:? 1{II � ��� " �_l `\ " L `\ O ! Iq> �( I,i }sr x"'atiHy� M _rrti � .-•' 1i{IYI1 \�`� ��\\\� �♦ �� \. •�'� I �f ��° µY~� ��`� EXISTING MINOR CONTOUR ----------- DESIGN GRADING TOE OF SLOPE IW -�vvvv EXISTING — \\. I •fr �p s POND i'�i1;; h �rlr \ \ fIlpl ti N. A EXISTING STREAM STREAM RESTORATION BANKFULL FW FW _ _,� ��ns�� _�; _ __- __- EXISTING DITCH STREAM RESTORATION CENTERLINE /!�°� l �1 �' Q DESIGN FORD CROSSING - -- Nir \ /////. ==--- \ a W SEE DETAIL SHEET 5.3 — y' 'ii'/''_ i • ` \ '9----------• ry_M1 y y r� /(r \ - 6-Tu _—__�� `_� _ ,, f\ /// / ;\` `\\\ ♦ \ \\ O EXISTING CULVERT DESIGN SITE ACCESS ROAD f �1' •��� `� _ - t \ �� ?` 4ry���_`` �/<`e.`\••���'`.7'a-�\hy:\\�`=��tiwM�L l •-/✓i// I/" �`�-�\�_ �,-� _ �R `- - _vr`^�\1� '\ „"yn,�`n��,- ..i =til__l -,c..`'N` �`-\-f=t_,.�v.FWov �l%,i ` r�a-a'..-�•�t�/\`I< I fi�...\wr4.''w1' 1�\�\ja_T2 Cz �i.?ti....`i�^ \ `-----s"1=�-. _ �,•�te w ' Ex -,\A :.-,✓`._ •��_ _si-a?w�'.=�f �— -���\1 \ f4r£�tiy I�/ /.I,. i Il /Ii�I (%/ %/„ei/% ./////�Iii/i/�,i/ /� �� 1 vi ivy 1 I�l v1VvA,vwv�Av1A�\v\`vv\v \\�v\�v\ \v!\\ A\\ \��fiV\v�\`Aim�V\ v\v\ \\v\\\y \\\�:r � `-;`�\r i\ A•v•'•A I \ i III=— III=— III=III DESIGN DITCH CHANNEL PLUGFw 21 �i Z FEMA REGULATORY FLOODWAY - c1c DESIGN BANK GRADING FEMA REGULATORY FLOODWAY 1 SITE 100YR 1� ACCESS ROADo 10 ��"-_ z`<;-\r ` `ti'�•." '"s..VtL� >.I^^' a ,.� "\ \� \a vs ��\\\\\\\\\ 1 ♦\- \\\\�\ \ \\ \ \\ yR __-\ \\ .\\ LEVEE BREACH AREA \\ 111, "r'' ------\`- - _^' _ `'\ xf `�� \ \\\ \\ �\ SEE DETAIL SHEET 5.3 - — — — — - EXISTING SITE ACCESS ROAD DESIGN LEVEE BREACH AREA ` / „✓�4•r. tYlllgl ,—_— �\ \\\ EXISTING Lz \ \\ 00 �;,/, ,, �• ,, % \ti\ �� \\;,\ POND\� \, \\\\ \\, °, . \,\ DESIGN SOIL STABILIZATION AREA <aAA,� •} fir Z �� / v v v v v vvv v LL\ \\ 4 Q Q Q \- _\ ♦`\ , ` \ `\\ 0 0 o DESIGN FILL AREA REMOVE EXISTING \ _- - �•�„� \ \\ \ ,\\\\\ \ �\ \\ O O O O W V o CULVERT AND STABILIZE -I- FISH HABITAT ZONE (FHZ) O LINEAR WETLAND SWALE \\^� \ \ `-. w `�.�" I �;�.�\\� �\ ,/� I11Y11 \ •� ;vvvw��Avv!+I'I vDESIGN PARKING AREA ,� �p vAVA� A \VAv1v� r'vti \v Av l III x \ d �\ �=`�J��\\ivti� \`�\~`' t-_� \ �-_ �-_l o r' i�\.t- r I/ \���\\\ I I tIII // � \ \y •\ SEE DETAIL SHEET 2.1 w/ cc DESIGN FORD CROSSING li LV � \ \ �� \\�� ��� �\ \ �-`� \\4 ��.� \ `mac\ S r �� ��� ` /ll/ � s � •\ \ Z\VvA r ��Qw`\�.� •-.v v-'_ v�vv A�l%j A t ``•.� �����J� A / /i////// r > v •• ��— \ z0 ��100YR�1 'f \\\\\�M7 L� `-\ `\ ,rr - s �\ _ J/ � \I\�����:`\` \\ FLOODPLAIN WETLAND - ".`i-:\ Z\. ,_ \ tom• SEE SHEET 2.2 DESIGN LOG DEBRIS JAM LLJ 100YR- 100Y YR FEMA 100YR FLOODPLAIN INSTALL LOG DEBRIS JAMS r`♦� -' ;\��\\ \���; \ ,_'* s\ IN EXISTING DITCH EVERY--- f 250' (APPROX.) SEE DETAIL SHEET 5.3 LEVEE BREACH AREA W <�,/ SEE DETAIL SHEET 5.3 VA ••AA\vv r fit, ih'I `,�9L. \ 7 V'��r".i b\. ���.�._ v� \� ���� c J� y \ l� F�� l t �• �l , -�� l t / �• k\i 1 S )' •�.�.>Z \` \ \\ ._.•'it =\l \\\� }\\ ` � l �\ S\ �\ 2 t i `• .., \ \ � fr t" 1 1 \\ � �_ � \.r S�i \ \\\ \l• <t F/. ` \ y A . °q� '�/ I �i>� •�: \ \. \\\ 1 iy�/'l.��AA\\�\�`•• /'�' Ss.. !� F;FEMA i ~ }./\rJ \.r1 s, - �.^\.✓ti✓ �r i t1 �\ `-S�% y��.(( '�- \\ \ \`• •^ \ t Or�Q\ FLOODWAY R f r � / ,, t J r ,z I «��.. ,� a �i%'Q � ` � \ \\� �'rcr \ + i ' ,ti � � \ \`\„` ^ 1\ !\•'\ 1 • Ot 4 ) 1 r"r �1 1 1 ° .. \ ( ,,11,,1 Q •� t y 1 / s / / f rry �v \ \ tFl aQ \ tJ` � \ l 1% v p ' \: _ \\ � 0,004 .•1 \... ��•, I V S ( r/ .r S I) /-../ ,\1 \ 'G.�\ 7`�QQ! Q'`Q >��-• •• v F',, ram, t V v�' 1 ✓\ I�'< \ � i 1 1 \_.,1 t / I f •-� \\ CQ � Q Oy�.� O ��\ -�\ �•• J � \ r ".� 10py�R..• \ t '�3p0R'r / t } ti I O O O Oi \ \� \ \ .` , U ` F \ .• \r� r / r .� / / FILL AREA \y u I\pbp �. 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II` �1 �1/ \lll 1�\��'\j \\ ,' 1 II/I t �" . _ `r( 4l` �/""1\\ �='�^`�\` '\,\ ;, \ / +`� SEE SHEET 3.1 - 3.6 ••�'�. r'r v�vtl Y'\lVv ✓// ''i+/A tvti J ` /II �/ � `� �v� �-� ��"' � rl r.h �l 1�i 1� �` � •�•• ��r�a � •� °y i} ,•f 1 ( \l1 w !/ l f / /1/r� \ v / 1 • iiooYR f , 1�\` Is i \ 1 rd14viIti; DESIGN SITE -, I \ \ / ••�� ♦ \` \ , /J ��Y ` - 'ACCESS ROAD i �j/ �Y r^y a \\\ � % f _1 t_ ��l t < �-U\\\\lr""\\\\1 \`-•\ ``- .-, I J i-- .�- �. t/T lr J\\\\\ �� i �f/- j// // L• l \ ` • `,\ - / �` Y \ \`\ ~„ate ry \� , ! \! i11� r,-iii'~\� f-� / - \li •� ( \ v 1 VA r FLOODPLAIN WETLAND -v♦�, � `�'� s '� ` < \ ,. .5-1_._,=_ �};--I \`'�' f -ram-, .�•- , • \\ \I' _ _ , . ) �_-\'tip// .�<`\�1'�Z � y 7^' 1 zL t!-_' ` �-� \ ��,�< / - \ ,i, i � / rtr l /'r I'i/i%� _.�^� '� l �, l \ 1 ii� �5 -i/ �• � I /i • P \ t i/, /I\1j\\ \ --, f l i / \i/// �/i`"` \ c'�".>\. s/ice- ,/' -. �� \ I / £ � �� ���\�v \, �/ /(f� t.r..�AI{YYIIs/ � � •7 �`/A�--" -- £„/ \ �__ \/ � A_ �-� v� \1 �� \V A,, t/ A \I ( � ,j / /J— ••` t�i''^�`-= \\ -_. �`\ t\ _ f•.v_� f,{ i�t-11�i„•I��'�'Jv�f"C\ If ___ 1-` ,//'� -\ l\� � � '/— -/\ l '/ j 1 Q � 111// ' /i! %���/ _-��_--��—aJ.. v2. _r` !J • ! f rI� \ - •• \ CREEK •. s,.: ,_1_� ir_ , s `r,, �, — — _ - --- LITTLE WILLOW CRE o/ \ \ tea.'• rn "m:,.\tom►-_���`_-____ cif\ _- S / ri/i� --_ �/ /� / 1 I \ _ •► �/ i \Q /w/ << ' \` \ OI Q Em Q SY / Q ' aka _ _ \�• -w - ,_ ,-= __-- �.��_' �.= �� DESIGN GRAVEL:, \ \ - 1 - •�..� -�� - _ � �t �'��- � ''• -____ -��i PARKING AREA _ � DESIGN SITE \\.\ yR \ V \ \. .-\tom^ti tr-?` / •\. RIW J O / o FEMA 100YR FLOODPLAIN 36" CMP CULVERT ---- _ - - v •-�•• ••�• _=_�� �o -ems>�_ �� II VAAV � � Q Q 0 � � V �-- � Vi-'Q ��� i� / / • �/ •�..�;. - \ \\\\\\ 77 ACCESS ROAD _ FLOODPLAIN WETLAND •-•�s�i�•.�•-lam` --- \ \\\\,.�'i'/Illl'll \ \ \ \`\� /-�y�. /� (� y - �q--. / i • / R/W � .. •� ,-R/ \\f /ll_-J � III �, I \ I •�. _ \ FILL AREA Y� R/wR/w '�•.�• ` RfW /; ,' / \�Da�S •o O Q o Q ••�_ / Srl\\\\\\�Y I �v,;,_\\�L •\ /�, ,\N�s_'���'�-i1mil• 18" CMP CULVERT �I o O �� ' '�»c` a-`R_ \ � \ ` uAL�m�- •fib R� J z y R/1b01R_ ► '•• i R�— R/W '°)Z \ 100YR R\ 100YR�� \ R/ R zoo �� 36" CMP CULVERT oo� o lR p 70 ' oo�0 0yR o�° 1 A 24" CMP CULVERT 1°°�R I`yoo,Q w >o �00 o00 W N f\1 = U m Q ZCai� � w�� �� J O Q LL I-P 0 Q = Ql N to r-I V I- Q Ql Z PERMIT DRAWING REVISIONS: DATE: 09/30/2022 PLOT SIZE: 24" x 36" 1 = 150 H.D.: NAD83 (NCSP) V.D.: NAVD88 JE PIN: 5002 101 1-10 EXISTING �' \ I I ; II �� �N \ \ \\ POND 0 40 80 FISH HABITAT ZONE (FHZ) Feet 60, --- 75.0',/' i� ��v �-- EXISTING FEATURES DESIGN FEATURES /J J l /l\ws\ GRADING LIMITS l��\�\ \ \ �-�� � �j��/� \ \ � � S\\ TOE OF SLOPE ���\�� j •\ - , ✓�" �� / / ✓ �� \ . - PARCEL BOUNDARY zo7o DESIGN MAJOR CONTOUR 07 \� \ FRENCH BROAD RIVER BED ELEVATION AT MOUTH OF FHZ ELEV. - 2,058.5' - - 2070 - - EXISTING MAJOR CONTOUR DESIGN MINOR CONTOUR V EXISTING MINOR CONTOUR GRADING LIMITS 30 I \ -�0� - - - - EXISTING STREAM ----------- GRADING TOE OF SLOPE 71 EXISTING DITCH STREAM RESTORATION BANKFULL PLUG AND FILL DITCH SEE DETAIL SHEET 5.3 77 \�� _' �' - - - t\ \ FW FEMA REGULATORY FLOODWAY - - STREAM RESTORATION CENTERLINE ol EXISTING DITCH 4 v ��� _ - _ - III-III-III=III ��� �\�`� 1 F/�j DITCH /CHANNEL PLUG DELPCye POOL 5pO 6 ` �- ��► LOW FLOW CHANNEL �\ \ DEEP \�� \ \ \ I ��POOL 20 207 ` 0, GRADING LIMITS 2020 °� �7.� �� A WET DEPRESSIONS ��., -, 'v <2N �-., � � •-.,� � � TOE OF SLOPE � �� �v �A� \ � ky 100.0' v o - LOW FLOW CHANNEL �' f I \ \ ,- DEEP �C s i , ,-- -- \ / �� l s.� POOL 0000 I I I \ ? DEEP BREACH AREA \ \ / I \ \ \ _ _ _ POOL ELEV. = 2071.0 TOE OF SLOPE --r \\ I �`� -- /� \` --- ^`. �� ��\\\ \ \vA \ 4} , GRADING LIMITS LEVEE BREACH AREA FEMA REGULATORY FLOODWAY (FRENCH BROAD RIVER) /2 Ptv j .� v� LOW FLOW CHANNEL 1 Ftv \ o WET DEPRESSIONS �\i s� 7 x A FLOODPLAIN WETLAND \ F�, //A `v f S F C \\ \ LOW FLOW CHANNEL \\ f F� v tiJ/ �✓ �l Jrr M� F�\ �� Fw yZ 1 \ TIE FLOODPLAIN WETLAND INTO LITTLE WILLOW CREEK C Z O F- a O� F J W ciC � V Z = a J cc a z QI O� O LL O W V Z Oo Ln cic LLI � °z Z W a LLI a J a w >o 0 00 00 Lu N N = U m Q z C) cy) J J Lu �CL J0Q w �.D a=c;U (A -i U I, Q am Z 2 LL Lu 7- 0 Q m _r) LL 0 Ln 0 Q J Lu z a C) O 0 LL PERMIT DRAWING REVISIONS: DATE: 09/30/2022 PLOT SIZE: 24" x 36" 1.D.4f N H83 ( NC P AD S ) V.D.. NAVD88 JE PIN: 5002 � �'0 �\v 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 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. SPECIES/CRITICAL HABITAT STATUS' 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 1 STATUS: E=endangered, T=threatened, PE=proposed endangered, PT=proposed threatened, CH=critical habitat, PCH=proposed critical habitat, C=candidate species REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM VI. Location (attach map): Upper French Broad River Subbasin Restoration and Mud udCreek k 46 G Protection Project Areas Naples EfvGNrA�' � r 1 MaunUM NOhl1 fOR6E � 5rrlvNrAfk J ON,; F3olly Springs- "-' yior se Shoe !a {;sa Franklin t3cq Ez s r 1', jp `Etowah �y xruuxiA:H lun+s Pleasant Grove wnspfr�y 5 1 VP #f- 1, ham,., '} " nnr Parana 4 A4' W VA _ M YrrAr Ir' JEYiR A'wve. r lljjI MnLlrfplp rah ase Kanuga Bag Nwitr1 i7 r� 0 1.25 2.5 5 Miles NSRWNG 0.ROLINA •PIr1eh-Sr %1 MsfyfSOnVitiQ r• Hydei Pasture East atkwk q King Creek Bog �IatFock �!+tFfV iIfCGY71� ® ConsaMng Carolina Conserved Land = 2019 PrDl80LS 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. El REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM V11. 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. REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Gray bat (Myotis The endangered Gray bat (Myotis grisescens) is known to occur above grisescens) 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. 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. 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 unlikely that they are present now. muhlenbergii) 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. REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Monarch butterfly The candidate Monarch butterfly is known to occur within the (Danaus plexippus county. plexippus) 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. I REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM B. Explanation of actions to be implemented to reduce adverse effects: SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE IMPACTS 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/ I 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 SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE IMPACTS 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 SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE IMPACTS 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 SPECIES/ ACTIONS TO MITIGATE/MINIMIZE IMPACTS CRITICAL HABITAT Southern bog turtle 1. While it is unlikely that bog turtles currently occupy the (Glyptemys muhlenbergii) 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 Follow actions to mitigate and minimize impacts as noted in the subrotunda) Appalachian elktoe actions above. Monarch butterfly Riparian buffer restoration and upland pollinator habitat should (Danaus plexippus) 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/ DETERMINATION' RESPONSE' CRITICAL HABITAT NE NA AA REQUESTED Appalachian elktoe (Alasmidonta X Concurrence raveneliana Virginia spiraea (Spiraea X Concurrence vir iniana Gray bat (Myotis grisescens) X Concurrence Northern long-eared bats (Myotis X Concurrence se tentrionalis Tricolored bat (Perimyotis No jeopardy sub avus Southern bog turtle (Glyptemys X Concurrence muhlenber ii Monarch butterfly (Danaus X Concurrence lexi us 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 AConcurrence= 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=Concurrence=. 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 Consultation—=. Response requested for proposed and candidate species is AConference= 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 Asheville ES Title office 16 9 North Carolina Wildlife Resources Commission 9 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 November 23, 2022 French Broad R, L Willow Cr, UTs, Henderson Co 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 cc: 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 Gregory D Jennings, Authorized Agent May 20, 2023 Date DocuSign Envelope ID: 58877074-1 FFE-4AEE-A290-E88C327F9C47 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED. December 2, 2022 DWR #20221472 Henderson County Conserving Carolina Attn: Kieran Roe 847 Case Street Hendersonville, NC 28792 Email: kieran@conservinRcarolina.org Subject: Approval of Individual 401 Water Quality Certification Pleasant Grove Floodplain Restoration Dear Mr. Roe: Attached hereto is a copy of Certification No. 5405 issued to Kieran Roe and Conserving Carolina dated December 2, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. DffNorth Carolina Department of Environmental Quality I Division of Water Resources oan caaouNn Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 M828.296.4500 oep.m.m or em�nmen� Qualm, DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 2 of 14 This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 3 of 14 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 7E617A38285848C... G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-ARO cc: David Brown, Jennings Environmental (via email) Brooke Davis, USACE Asheville Regulatory Field Office (via email) Andrea Leslie, North Carolina Wildlife Resources Commission (via email) Todd Bowers, EPA (via email) DWR 401 & Buffer Permitting Branch Electronic file e,�REQ North Carolina Department of Environmental Quality I Division of Water Resources ­#I� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CAROLINA 828.296.4500 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 4 of 14 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #5405 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Kieran Roe and Conserving Carolina who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on October 13, 2022, with subsequent information on November 22, 2022, and by Public Notice issued by the Division on October 26, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Streams S1 (S-2) 0 (linear feet) 50 (linear feet) S2 (S-5) 0 (linear feet) 50 (linear feet) S3 (S-6) 0 (linear feet) 50 (linear feet) S4 (S-1) 70 (linear feet) 0 (linear feet) S5 (S-2a) 40 (linear feet) 0 (linear feet) S6 (S-2b) 1,458 (linear feet) 0 (linear feet) S7 (S-3) 40 (linear feet) 0 (linear feet) S8 (S-5) 98 (linear feet) 0 (linear feet) S9 (S-6) 2,077 (linear feet) 0 (linear feet) S10 (S-7a) 273 (linear feet) 0 (linear feet) S11 (S-7b) 274 (linear feet) 0 (linear feet) 404/401 Wetlands W1 (W-7) 0 (acres) 0.009 (acres) W2 (W-9) 0 (acres) 0.016 (acres) W3 (W-14) 0.042 (acres) 0 (acres) Open Water 01 (OW-2) 0.17 (acres) 0 (acres) 02 (OW-3) 0.72 (acres) 0 (acres) 03 (OW-4) 0.27 (acres) 0 (acres) 04 (OW-5) 0.14 (acres) 0 (acres) 05 (OW-6) 0.04 (acres) 0 (acres) D North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778 NORTH CAROLINA 828.296.4500 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 5 of 14 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The designer or his designee shall supervise the installation of in -stream structures. Citation: 15A NCAC 02H .0506(b)(1) and (2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that conditions of waters are suitable for all best uses provided for in state rule. 2. Water shall not be released into any new channels until the stream and banks are stabilized. Citation: 15A NCAC 02H .0506(b)(1) and (2) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that conditions of waters are suitable for all best uses provided for in state rule. 3. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. Citation: 15A NCAC 02H .0506(b)(1), (2) and/or (3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. The permittee shall report to the DWR Asheville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 6 of 14 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 7 of 14 shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 7. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 9. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 8 of 14 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 028.0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 11. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 9 of 14 properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 12. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 10 of 14 waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering streams or wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 15. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC 028.0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 11 of 14 color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 16. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 18. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de- stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 12 of 14 19. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028.0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 13 of 14 regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. North Carolina Department of Environmental Quality I Division of Water Resources D ��� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CARCLINA ^ 828.296.4500 0_p Mo Emimnmen quay DocuSign Envelope ID: 58877074-1FFE-4AEE-A290-E88C327F9C47 Pleasant Grove Floodplain Restoration DWR #20221472 Individual Certification #WQC005405 Page 14 of 14 This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 2nd day of December 2022 DocuSigned by: p� 7E617A38285848C... G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-ARO G LD/am 5405 D North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CAROLINA 828.296.4500 onparhnem of EmironmanW 9uallly 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 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. SPECIES/CRITICAL HABITAT STATUS' 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 1 STATUS: E=endangered, T=threatened, PE=proposed endangered, PT=proposed threatened, CH=critical habitat, PCH=proposed critical habitat, C=candidate species REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM VI. Location (attach map): Upper French Broad River Subbasin Restoration and Mud udCreek k 46 G Protection Project Areas Naples EfvGNrA�' � r 1 MaunUM NOhl1 fOR6E � 5rrlvNrAfk J ON,; F3olly Springs- "-' yior se Shoe !a {;sa Franklin t3cq Ez s r 1', jp `Etowah �y xruuxiA:H lun+s Pleasant Grove wnspfr�y 5 1 VP #f- 1, ham,., '} " nnr Parana 4 A4' W VA _ M YrrAr Ir' JEYiR A'wve. r lljjI MnLlrfplp rah ase Kanuga Bag Nwitr1 i7 r� 0 1.25 2.5 5 Miles NSRWNG 0.ROLINA •PIr1eh-Sr %1 MsfyfSOnVitiQ r• Hydei Pasture East atkwk q King Creek Bog �IatFock �!+tFfV iIfCGY71� ® ConsaMng Carolina Conserved Land = 2019 PrDl80LS 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. El REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM V11. 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. REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Gray bat (Myotis The endangered Gray bat (Myotis grisescens) is known to occur above grisescens) 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. 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. 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 unlikely that they are present now. muhlenbergii) 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. REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM Monarch butterfly The candidate Monarch butterfly is known to occur within the (Danaus plexippus county. plexippus) 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. I REGION 4 INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM B. Explanation of actions to be implemented to reduce adverse effects: SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE IMPACTS 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/ I 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 SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE IMPACTS 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 SPECIES/ CRITICAL HABITAT ACTIONS TO MITIGATE/MINIMIZE IMPACTS 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 SPECIES/ ACTIONS TO MITIGATE/MINIMIZE IMPACTS CRITICAL HABITAT Southern bog turtle 1. While it is unlikely that bog turtles currently occupy the (Glyptemys muhlenbergii) 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 Follow actions to mitigate and minimize impacts as noted in the subrotunda) Appalachian elktoe actions above. Monarch butterfly Riparian buffer restoration and upland pollinator habitat should (Danaus plexippus) 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/ DETERMINATION' RESPONSE' CRITICAL HABITAT NE NA AA REQUESTED Appalachian elktoe (Alasmidonta X Concurrence raveneliana Virginia spiraea (Spiraea X Concurrence vir iniana Gray bat (Myotis grisescens) X Concurrence Northern long-eared bats (Myotis X Concurrence se tentrionalis Tricolored bat (Perimyotis No jeopardy sub avus Southern bog turtle (Glyptemys X Concurrence muhlenber ii Monarch butterfly (Danaus X Concurrence lexi us 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 AConcurrence= 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=Concurrence=. 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 Consultation—=. Response requested for proposed and candidate species is AConference= 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 Asheville ES Title office 16