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
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DATE: 09/30/2022
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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
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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
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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
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Protection Project Areas Naples
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® 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
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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.
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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.
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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.
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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.
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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