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Home My WebLink About20071505 Ver 4_Impact Figure 5_20151001... A i A � 2 �'� � � �` t 1 f} 3 r �t. w:u ;�a z a Cleat-Water Environmental Consultants, Inc. www.cwenv.com September 30, 2015 Mr. David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -2638 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 N. Salisbury Street, 9" Floor Raleigh, North Carolina 27604 RE: Seven Falls Bonded Phases Henderson County, North Carolina Corps Action ID 2007 -3367; DWQ Project # 2007 -1505 Mr. Brown and Ms. Higgins, The attached Individual Permit application is being submitted on behalf of Henderson County represented Mr. Marcus Jones. The County is seeking permit authorization for unauthorized impacts and completion of road infrastructure within bonded phases at the residential development known as Seven Falls in Etowah, Henderson County, North Carolina. Should you have any questions regarding the attached permit application and supplemental information please do not hesitate to contact me at 828 - 698 -9800. A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to the NC Division of Water Quality, Asheville Regional Office. Respectfully, Rebekah L. Newton Project Biologist /ax R. Clement Riddle, P.W.S Principal Copy Furnished: NC Division of Water Quality; Asheville Regional Office — Zan Price NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Bryan Tompkins 32 Clayton Street Asheville, NC 28801 828 - 698 -9800 Tel Individual Permit Application for $ P-3 A 0 U.S. Army Corps of Engineers Section 404 Permit and North Carolina 401 Water Quality Certification September 2015 a0b Applicant: Henderson County Seven Falls Bonded Phases Attn: Henderson County Marcus on 1 Historic Courthouse Square Hendersonville, NC 28792 Prepared by: C1earWater Environmental Consultants, Inc. 32 Clayton Street Asheville, North Carolina 28801 828 - 698 -9800 U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL NO. 0710-0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES 28 FEBRUARY 2013 33 CFR 325. The proponent agency is CECW -CO -R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of Information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710- 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities. Rivers and Harbors Act, Section 10, 33 USC 403, Clean Water Act, Section 404, 33 USC 1344, Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO 12 FIELD OFFICE CODE 13. DATE RECEIVED 14 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - Marcus Middle - A Last - Jones First - R Middle - Clement Last - Riddle Company - Henderson County Company - ClearWater Environmental Consultants, Inc. E -mail Address - maJones @hendersoncoulily org E -mail Address - clentenl(Okwenv.com 6. APPLICANTS ADDRESS: 9. AGENTS ADDRESS: Address- I Historic Courthouse Square Address- 32 Clayton Street City - Hendersonville State - NC Zip - 28792 Country -USA City - Asheville State - NC Zip - 28801 Country -USA 7. APPLICANTS PHONE NOs. WAREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c Fax a Residence b Business c. Fax 828 - 6946560 828 - 698 -9800 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Clement Riddle /ClearWater Env to act in my beh as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permiittt application. r SIGNAT E OF APPLICANT 4' DA NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Seven Falls Bonded Phases 13. NAME OF WATERBODY, IF KNOWN (if applicable) Little Willow Creek and Folly Creek 14. PROJECT STREET ADDRESS (if applicable) Address Pleasant Grove Road 15 LOCATION OF PROJECT Latitude. -N 35.283777 Longitude: -W 82.589369 City - Etowah 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID See Attachment A. Municipality Section - Township - Range - State- NC Zip- ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE See Section 1.1. 18. Nature of Activity (Description of project, Include all features) See Section 5.0. 19. Project Purpose (Describe the reason or purpose of the pro)ect, see Instructions) See Section 4.0. USE BLOCKS 20 -231F DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge See Section 5.0. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards- Type Type Type Amount to Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 0.01 or Linear Feet 1392 23. Description of Avoidance, Minimization, and Compensation (see Instructions) See Section 6.0. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? FX Yes []No IF YES, DESCRIBE THE COMPLETED WORK See Section 5.0. 25. Addresses of Adjoining Property Owners, Lessees, Etc , Whose Property Adjoins the Wateriwdy (.t more than can be entered here, please attach a supplemental list) a Address - See attached list City - State - Zip - b. Address- City - State - Zip - c. Address- City - State - Zip - d. Address- City - State - Zip - e Address- City - State - Zip - 26. List of Other Certificates or ApprovaWDenials received from other Federal, State, or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER NCDENR Sediment Control HENDE,- 2014 -001 7/12/2013 7/31/2013 Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATU5?Z OF APPLICANT DATE SIGNATURE OF AGENT DATE f(2J R GILMen+ Q �(l� The Applicatio must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 Cv- aLer Department of the Army NCDENR Wilmington District, Corps of Engineers NC DWR, Webscape Unit Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins PO Box 1890 512 North Salisbury Street Wilmington, NC J 28402 -1890 �+Raleigh, Northj Carolina 27604 ( wDAt � 'SQ2I�fi fW (�j M,C7�-(�,►v� •al -TI6J" SIR X111 I1 1GIJ�2 iA�sXn- I ^ V C , ' 1"W) I, [15b 77 r �.� t�,, , hereby authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting on- site investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. vaNf vNnCrz. IVC 1-4w pit Property Owner of Record: /.��Nbt 1zSoN �vAl Tr Property Owner of Address: ! ,ys Tm,�1c Co v,8 ir51Q►.GSe�• sm Phone Number: $ LY 4p .19¢ — 6 5-2� e Property Location: /Rl�, Owner/Managing Partner { / Printed Name: Owner /Managing Partner Signature: Q L , Date: - -��2`y / -- - - - - -- -- -- 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828-698-9800 www.ewenv.com Preliminary ORM Data Entry Fields for New Actions SAW - 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Seven Falls - Bonded Phases 2. Work Type: Private Wl Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 63d and 63e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: Henderson County 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants 6. Related Action ID Number(s) [PCN Form B5b]: 2007 -3367 7. Project Location - Coordinates, Street Address, and /or Location Description [PCN Form 61b]: 35.289281, - 82.589098, south of Pleasant Grove Road and east of Pleasant Grove Church Road. 8. Project Location -Tax Parcel ID [PCN Form 61a]: 205 parcels, see attached property owner map and list. 9. Project Location — County [PCN Form A2b]: Henderson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Etowah 11. Project Information - Nearest Waterbody [PCN Form 62a]: Folly Creek and Little Willow Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: 06010105, Upper French Broad Authorization: Section 10 ❑ Section 404 Regulatory Action Type: _ Standard Permit Nationwide Permit # _ Regional General Permit # Jurisdictional Determination Request ❑� Section 10 & 404 Pre - Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Adjoining Property Owners Misti Hutcherson 1286 Pleasant Grove Church Road Hendersonville, North Carolina 28739 Seven Falls, LLC 39 Pleasant Grove Church Road Hendersonville, North Carolina 28739 Allan Smith 1016 Pleasant Grove Church Road Hendersonville, North Carolina 28739 Campen Carolina Corporation 5360 Hendersonville Road, Suite 1000 Fletcher, North Carolina 28732 Jeffery and Jennifer Mosley 111 Laurel Woods Road Hendersonville, North Carolina 28739 Michael and Gerald Franks 917 Kings Landing Virginia Beach, Virginia 23452 Michael Gore, Squawkissed Valley, LLC 7500 East McCormick Parkway Scottsdale, Arizona 85258 Carpe Diem Trust 757 SE 17 Street, Suite 70 Ft. Lauderdale, Florida 33316 Wayne and Lynne McNeeley 8 Red Apple Drive Hendersonville, North Carolina 28792 Boyd Hyder 163 Puncheon Creek Road Hendersonville, North Carolina 28792 Larry Lyons Post Office Box 791 Etowah, North Carolina 28729 Charles and Darlene Brown Post Office Box 1783 Etowah, North Carolina 28729 Judith Nicholson 1516 Clairmont Drive Hendersonville, North Carolina 28791 Pleasant Grove Baptist Church Trustees PO Box 1782 Etowah, North Carolina 28729 Seven Falls Bonded Phases Property Owners James Teague III Revocable Trust 606 Holt Lane Asheville, North Carolina 28803 William and Sharon Hathaway 502 Pinchot Drive Asheville, North Carolina 28803 Steven and Carol Wallace 145 S. York Street, Unit 504 Elmhurst, Illinois 60126 Kenneth Porter- Shirley 32 Orange Street Asheville, North Carolina 28801 William and Cynthia Newman 32 Lake Drive Biltmore Lake, North Carolina 28715 Raymond Chapman PO Box 98 Lake Lure, North Carolina 28746 Phillip and Linda Edmiston 94 Secret Hollow Trail Marietta, South Carolina 29661 Sharon Langer Revocable Living Trust 6149 NW 124t" Drive Coral Springs, Florida 33076 George Gabler 32 Orange Street Asheville, North Carolina 28801 Kenneth and Jan Blecher 18590 Sandalwood Pointe, Apt 101 Fort Myers, Florida 33908 Brian and Sarah Asbill 331 Red Fox Circle Asheville, North Carolina 28803 William and Carey Carpenter 1100 New World Circle, Apt 103 Raleigh, North Carolina 27615 James and Alice Worrall 12 Glen Cove Road Arden, North Carolina 28704 Okay Properties, LLC 144 Greenbay Road, Second Floor Winnetka, Illinois 60093 Robert and Susan Burns 1689 Cedar Bay Road Jacksonville, Florida 32218 Marie Y Cooper Revocable Trust PO Box 827 Hendersonville, North Carolina 28793 William F Stokes Living Trust PO Box 883 Etowah, North Carolina 28729 DPM Investors, LLC 411 Old Haw Creek Road Asheville, NC 28805 Ronald Sams PO Box 120005 Nasheville, Tennessee 37212 Lori Sinclair and Karen Wilson 2814 Villager Circle Pensacola, Florida 32504 Gerald Maier Revocable Trust 216 Ladys Fern Trail Hendersonville, North Carolina 28739 Thomas and Donna Talley 11977 Germaine Terrace Eden Prairie, Minnesota 55347 Brumit Holdings, LLC PO Box 15726 Asheville, North Carolina 28813 Rugby Associates, LLC 115 Berry Hill Drive Hendersonville, North Carolina 28791 Pamela Banks PO Box 128 Horse Shoe, North Carolina 28742 Stephen Pignatiello PO Box 5511 Asheville, North Carolina 28813 Todd and Leslie Hansen 1639 Plmsted Drive Asheville, North Carolina 28803 Garvey Holdings, LLC 10525 Red Wing Circle Olathe, Kansas 66061 Dion Holdings, LLC 511 B 1 Smokey Park Highway Candler, North Carolina 28715 Thomas and Amy Ballas 701 Java Road Cocoa Beach, Florida 32931 Rebecca Dean 102 Dundee Lane Greenville, South Carolina 29617 NC Walnut, LLC 11021 NW 3rd Street Plantation, Florida 33324 Robert Berry and Lesley Rohe 75 Ridgeway Drive Flat Rock, North Carolina 28731 Carl and Lauren Schilling 4800 Auburn Avenue, Apt 1413 Bethesda, Maryland 20814 Eric Hansotia 3108 W. Addison Drive Alpharetta, Georgia 30022 Barry and Nancy Breede 300 Buckland Way Greenville, South Carolina 29615 Gail Markham 8961 Conference Drive, Suite 1 Fort Myers, Florida 33919 David and Judith Wells 88 Kalima Drive Asheville, North Carolina 28804 FNK, LLC 448 Old Iron Works Road Spartanburg, South Carolina 29302 PKR Financial, LLC 126 Stuyvesant Road Asheville, North Carolina 28803 Julia Rerych 92 Ken Tom Road Old Fort, North Carolina 28762 Gerald and Caroline Keller 20 Southwood Road Asheville, North Carolina 28803 David and Kelly Marshall Revocable Trust 7795 Landowne Drive Atlanta, Georgia 30350 Anthony and Lynn Branham 125 Rockridge Court Lexington, South Carolina 29072 Steven and Michelle Lucas 320 Whippoorwill Drive Vonroe, Tennessee 37885 Pimpernal, LLC PO Box 384 Cumming, Georgia 30028 Stephen and Wendy Newman 55 Deerhaven Lane Asheville, North Carolina 28803 Andrew Hager and Edward Worlund PO Box 363 Lake Lure, North Carolina 28746 Partners Realty Group, LLC 3850 Marlette Drive York, South Carolina 29745 John and Marilyn Keating 7 Orwich Court Danbury, Connecticut 06810 Steve and Linda Goldstein 19629 Island Court Drive Boca Raton, Florida 33434 Stanley Mace 225B N. 4t' Avenue Kure Beach, North Carolina 28449 David Weiss and Janet Byrne 130 Cottage Lane Moneta, Virginia 24121 Joseph Beech Trustee 201 East 5t' Street, Suite 800 Cincinnati, Ohio 45202 Barbro, LLC 132 Glen Trillium Drive Fletcher, North Carolina 28732 Britton Wilkins Development, LLC 540 Twin Drive Spartanburg, South Carolina 29302 Curtis Ensley 55 Newman Cove Road Arden, North Carolina 28704 Bond Holdings, LLC 10431 N. Lake Vista Circle Davie, Florida 33328 Seven Falls, LLC 39 Pleasant Grove Church Road Hendersonville, North Carolina 28739 French Broad River Partners, LLC PO Box 1762 Hendersonville, North Carolina 28793 National Bank of South Carolina PO Box 1567 Greenville, South Carolina 29602 National Bank of South Carolina 150 E. Henry Street Spartanburg, South Carolina 29306 NBSC PO Box 1798 Sumter, South Carolina 29151 Irish Lads, LLC 104 Beach Street Mt. Pleasant, South Carolina 29464 Old Town Bank 2045 S. Main Street Waynesville, North Carolina 28786 McElrath Carolina Investments, LLC 29 W. Jordan Street Brevard, North Carolina 28715 J Thomas and Noreen Cirucci 1815 Sandy Cove Drive Morganton, North Carolina 28655 TABLE OF CONTENTS LIST OF FIGURES LISTOF APPENDICES .............................................................................................................. ............................... 1.0 INTRODUCTION TO PROJECT ............................................................................... ..............................1 1.1 Project Location ......................................................................................................... ............................... 1 1.2 Jurisdictional Waters .................................................................................................. ............................... I 2.0 BACKGROUND/PRIOR PROJECT HISTORY ....................................................... ............................... 3 3.0 EXISTING SITE CONDITIONS ................................................................................. ............................... 5 3.1 Natural Community Types ......................................................................................... ............................... 5 3.2 Soils ............................................................................................................................. ..............................7 3.3 Fish and Wildlife Use of the Project Site ................................................................... ............................... 8 3.4 Threatened and Endangered Species .......................................................................... ............................... 8 3.5 Cultural Resources ..................................................................................................... ............................... 9 4.0 PROJECT PURPOSE ................................................................................................... .............................11 5.0 PROPOSED PROJECT DEVELOPMENT .............................................................. ............................... 12 5.1 Roads .........................................................................................:................................ .............................12 5.2 Existing Culvert Photographs and Remedial Actions .............................................. ............................... 13 5.3 Utilities ..................................................................................................................... ............................... 14 6.0 DISCUSSION OF ALTERNATIVES ........................................................................ ............................... 15 6.1 Avoidance ................................................................................................................... .............................16 6.2 Minimization ............................................................................................................ ............................... 16 6.3 Alternatives Conclusion ........................................................................................... ............................... 17 7.0 CONCEPTUAL MITIGATION PLAN ....................................................................... .............................18 7.1 NC Division of Mitigation Services ( DMS) ............................................................. ............................... 19 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES ....... .............................20 8.1 Factual Determination .............................................................................................. ............................... 20 8.2 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem ........................ 20 8.3 Potential Impacts to Biological Characteristics of the Ecosystem ............................ ............................... 22 8.4 Potential Impacts on Special Aquatic Sites .............................................................. ............................... 24 8.5 Potential Effects on Human Use Characteristics ...................................................... ............................... 25 8.6 Summary .................................................................................................................. ............................... 26 9.0 PUBLIC INTEREST CONSIDERATIONS .............................................................. ............................... 27 9.1 Conservation ............................................................................................................... .............................27 9.2 Economics ................................................................................................................ ............................... 27 9.3 Aesthetics ................................................................................................................. ............................... 27 9.4 General Environmental Concerns ............................................................................. ............................... 28 9.5 Wetlands ..................................................................................................................... .............................28 9.6 Historic Properties .................................................................................................... ............................... 28 9.7 Fish and Wildlife Values .......................................................................................... ............................... 28 9.8 Flood Hazards .......................................................................................................... ............................... 29 9.9 Floodplain Values ..................................................................................................... ............................... 29 9.10 Land Use .................................................................................................................. ............................... 29 9.11 Navigation ................................................................................................................ ............................... 29 9.12 Shore Erosion and Accretion .................................................................................... ............................... 29 9.13 Recreation ................................................................................................................... .............................30 9.14 Water Supply and Conservation ............................................................................... ............................... 30 9.15 Water Quality (Stormwater Management) ............................................................... ............................... 30 9.16 Energy Needs ........................................................................................................... ............................... 30 9.17 Safety .......................................................................................................................... .............................30 9.18 Food and Fiber Production ....................................................................................... ............................... 30 9.19 Mineral Needs .......................................................................................................... ............................... 30 9.20 Considerations of Property Ownership ..................................................................... ............................... 30 9.21 Needs and Welfare of the Public .............................................................................. ............................... 31 10.0 SECONDARY AND CUMULATIVE EFFECTS ....................................................... .............................32 11.0 SUMMARY .................................................................................................................. ............................... 33 LIST OF FIGURES Figure 1 Boundary Comparison (Seven Falls Golf and River Club vs. Bonded Phases) Figure 2 Site Vicinity Map Figure 3 USGS Topographic Map Figure 4 Soils Map Figure 5 Bonded Phases Plan and Impact Map Figure 6 Parcel Ownership and Tax Standing Map Figure 7 100 -YR Floodplain Map LIST OF APPENDICES Attachment A Henderson County Parcel Data Attachment B Jurisdictional Determination Information (2015) Attachment C Stream Quality Assessment Forms Attachment D Threatened and Endangered Species Report (2007) Attachment E Elktoe Study (2008) Attachment F Cultural Resources Report (2008) Attachment G Existing Culvert Photographs Attachment H Water Plan, Sewer Plan, and Off -Site Utilities Plan Attachment I DMS Letter III 1.0 INTRODUCTION TO PROJECT, The applicant, Henderson County, proposes the completion of subdivision road infrastructure and permitting of unauthorized impacts at the residential development known as Seven Falls. The 302 -acre area proposed for improvement represents property included in bonded phases that were originally a part of the 1,400 -acre Seven Falls Golf and River Club residential development (Figure 1). Bonded phases include lots platted and recorded with Henderson County (Attachment A); property outside of these designated phases is not included in the proposed project. The development is south of Etowah in Henderson County, North Carolina. The community will include single - family home sites and associated road infrastructure in bonded phases. An abbreviated project history is included in Section 2.0. 1.1 Proiect Location The Seven Falls project site is located south of Etowah in Henderson County, North Carolina. To access the site from Asheville, take I -26 West to Exit 49B (US Highway 64). Continue on US Highway 64 to Etowah and turn left onto Etowah Park Road. Travel approximately 0.2 mile and turn left onto Etowah School Road. Travel approximately 1.5 miles and turn right onto Pleasant Grove Road. The project site is to the south of Pleasant Grove Road. In general, the site is bordered to the north by the Pleasant Grove Road, to the south by unnamed tributaries to Little Willow Creek and Folly Creek, to the east by Judd Wilson Mountain and Folly Road, and to the west by Pleasant Grove Church Road. A site vicinity map (Figure 2) and USGS topographic map (Figure 3) are attached for review. 1.2 Jurisdictional Waters The Seven Falls Golf and River Club site was delineated from November of 2006 to January of 2007 by C1earWater Environmental Consultants, Inc. (CEC). Two on -site meetings were held in March and April of 2007. The jurisdictional determination was field verified by the US Army Corps of Engineers (Corps) at on -site meetings; however, a "Notice of Jurisdictional Determination" was never issued due to the Rapanos v. United States court case (547 US 715 (2006)) that was pending at the time. The Seven Falls bonded phases boundary was re- delineated in June of 2015. A "Request for Jurisdictional Determination" was submitted on July 30, 2015 and a subsequent site visit was held on August 11, 2015. Tributaries on site include Little Willow Creek and unnamed tributaries, and Folly Creek and unnamed tributaries. All of the tributaries within the bonded phases boundary are tributaries to the French Broad River. The French Broad River is a navigable -in- fact water at the Wilson Bridge east of Brevard. Little Willow Creek and Folly Creek are classified by the NC Division of Water Resources (DWR) as a class "C" waters. There are wetlands located within the bonded phases boundary. The majority of these wetlands have been identified as wetland seeps and are contiguous with their associated channel. Additional wetlands resulting from the neglect and failure of sediment and erosion measures have also been included in the updated delineation. The site contains three open -water ponds associated with an abandoned trout farm. A "Notification of Jurisdictional Determination for the Seven Falls bonded phases boundary was issued on August 24, 2015 under Action ID SAW -2013- 01159 (Attachment B). The site contains the following amounts of jurisdictional waters on site: An "Existing Site Conditions" section (Section 3.0) has been included in this application for review and further describes the jurisdictional waters on site. 2 On -site Totals Feature Amount Unit Stream 18,335 linear feet Wetlands 0.79 acres Open Water 0.31 acres An "Existing Site Conditions" section (Section 3.0) has been included in this application for review and further describes the jurisdictional waters on site. 2 2.0 BACKGROUND /PRIOR PROJECT HISTORY, In 2007, the Corps, NC Division of Water Resources (DWR), and Henderson County received applications on behalf of Mountain Development Company, LLC (later renamed Seven Falls, LLC) for development of the Seven Falls Golf and River Club residential community. The Seven Falls Golf and River Club development included 40 different parcels of land totaling approximately 1,400 acres. The applicant originally proposed a total of 900 residential units which included 700 single - family lots, 164 town homes, and 36 condominiums. Amenities included a golf course, a river club, and hiking trails. In July of 2007, Henderson County and the developer entered into a performance guarantee agreement which provides financial security to complete proposed infrastructure improvements and allow the developer to record and sell lots before all the required infrastructure is complete. The improvement guarantee included roads, water, and sewer infrastructure, but did not include the golf course, club house and other amenities. The purpose of an improvement guarantee is to ensure that the bonded infrastructure is completed in case of default by the developer. Approximately 125 residential lots were sold between July of 2007 and December of 2008. The DWR issued a Water Quality Certification for the project in January of 2008, and the Corps issued a Department of the Army Permit in August of 2008. The Corps permit was revoked in April of 2010 due to on -going non - compliance. The Corps cited impacts to over 2,500 linear feet of stream and failure to provide required mitigation. In June of 2010, Henderson County declared that the Seven Falls Golf and River Club development was in default of the performance guarantee and the developer failed to complete the required infrastructure improvements. Since June of 2010, Henderson County has actively pursued all legal avenues available in order to obtain the bond money designated to complete the infrastructure improvements within the Seven Falls bonded phases boundary. In October of 2012, Henderson County reached a settlement with Lexon Insurance Company regarding the bond provided by Lexon for development work within the bonded phases of the Seven Falls Golf and River Club property. Henderson County received $6 million in bond funds. At that time, Henderson County did not believe that the bond money would cover the cost of all bonded improvements. The Henderson County Board of Commissioners, at its meeting in January of 2013, directed the County Attorney to send a letter on behalf of the Board to all entities with a property interest in the Seven Falls Golf and River Club development. The purpose of the letter was to invite all stakeholders to a meeting with the purpose of attempting to set up a method of negotiating an agreement on how to allocate bond funds. In March 2013, after failure to reach an agreement, a law suit was filed by Henderson County against all interested parties in the Seven Falls Golf and River Club development that asked the Court for guidance as to how the bond funds should be spent. Included in this suit was a motion for "Partial Summary Judgment for Emergency Relief'. This motion requested L] the Court release approximately $260,000 in bond funds for remediation, site stabilization, fixing or adding to current soil erosion measures, and seeding. This motion was granted by the Court in May of 2013 and stabilization activities were completed in 2013. In February of 2015, the Superior Court Judge ordered a continuance in the Seven Falls matter to allow Henderson County to obtain permits from the Corps and DWR. A hearing was held in May of 2015 and the Court approved that up to $94,600 of bond funds could be spent on activities associated with acquiring permits for improvements to road infrastructure (all permits, not just 401 and 404) and obtaining bids for construction. Bid requests would be made only after all permits are secured. Bids would be presented to the Court and the Court would order allocation of bond funds for construction of the roads. Construction activities cannot proceed until a Court motion is granted which dictates the allocation of funds. 4 3.0 EXISTING SITE CONDITIONS, The Seven Falls bonded phases site is almost entirely forested with exception of an extensive abandoned road network in various stages of completion. There are also remnants of old agricultural fields on' site. The site is mountainous with elevations ranging from 2,080 above mean sea level (MSL) near Pleasant Grove Road to 2,520 feet above MSL at the southern boundary. 3.1 Natural Community Tvpes' During past site visits, six natural community types were identified within the bonded phases boundary: riparian forest, red oak - hickory forest, old fields, wetlands, streams, and open water. The following is a summary of each of the six habitat types identified on site. 3.1.1 Riparian Forest The riparian forest community type is located in sheltered areas at low to moderate elevations. They are primarily narrow, rocky gorges, steep ravines, and low gentle ridges within coves. Soils are generally rocky and acidic. On site, this community type is scattered throughout the central and southern portions of the property. They are located adjacent to stream channels and within the stream channels' associated valleys. In general, these areas have a dense forest canopy with a limited number of mesophytic trees. Dominant tree species observed include white pine (Pinus strobus), Canadian hemlock (Tsuga canadensis), yellow birch (Betula lutea), black gum (Nyssa sylvatica), red oak (Quercus rubra), and white oak (Quercus alba). The shrub layer is well developed and often forms dense thickets. Shrub species observed include great rosebay rhododendron (Rhododendron • maximum), mountain laurel (Kalmia latifolia), dog hobble (Leucothoe axillaris), American holly (Ilex opaca), and red maple (Acer rubrum). Less common shrub species observed include blueberry (Vaccinium pallidum), deerberry (Vaccinium stamineum), and sassafras (Sassafras albidum). The herbaceous layer is generally not well developed in these communities but some common species observed on site include Christmas fern (Polystichum acrostichoids), galax (Galax aphylla), and Indian cucumber root (Medeola virginiana). 3.1.2 Red Oak - Hickory Forest The red oak- hickory forest type is located on dry slopes and ridge tops. On site, this community type is scattered throughout the central and southern portions of the property. Dominant tree species include Virginia pine (Pinus virginiana), white oak, southern red oak (Quercus falcata), sweet pignut hickory (Cayra glabra var. odorata), mockernut hickory (Carya tomentosa), and shagbark. hickory (Carya ovata). Other trees observed were sourwood (Oxydendron arboreum), black gum, and yellow poplar (Liriodendron tulipifera). Conifers such as red cedar (Juniperus 5 virginiana), white pine, Virginia pine, and Canadian hemlock were observed but rare in this habitat. Species observed in the midstory include sassafras, flowering dogwood (Corpus florida), and American holly. Shrubs observed in this habitat include mountain laurel, great rosebay rhododendron, huckleberry (Gaylusaccia baccata), American hazelnut (Corylus americana), maple leaf viburnum (Viburnum acerifolium), blueberry , and deerberry. Vines such as common greenbriar (Smilax rotundifolia) and saw tooth- greenbriar (Smilax bona -nox) were observed, as well. The herbaceous layer is sparse and patchy. Common species observed in this layer include false Soloman's seal (Maianthemum racemosa), false yellow foxglove (Aureolaria flava), goldenrod (Solidago spp.), whorled coreopsis ( Coreopsis major), spotted wintergreen (Chimaphila maculatum), woodland ' sedge (Carex rosea), and panic grasses (Panicum spp.). 3.1.3 Old Field This is an anthropogenic community that is a direct result of agricultural and dairy farming practices. On site, this community is located north of the old trout farm and on the property adjacent to Pleasant Grove Church Road. These areas are devoid of a canopy and lack substantial woody vegetation. Plant species identified in this area include pokeberry (Phytolacca americana), blackberry (Rubus spp.), lanceleaf plaintain (Plantago lanceolata), Queen Anne's lace (Daucus carota), dock (Rumex crispus), evening primrose (Oenothera biennis), horsenettle (Solanum americanum), buttercup (Ranunculus spp.), thin leaf mountain mint (Pycnanthemum tenuifolium), mountain mint (Pycnanthemum spp.), and butterfly weed (Asclepias tuberosa). Composites observed in the herbaceous layer include alternate leaf wing stem (Verbesina alternifolia), crownbeard (Verbesina occidentalis), ironweed (Vernonia noveboracensis), whorled coreopsis, beggars ticks (Bidens cernua), fleabane (Erigeron philadelphicus), sunflower (Helianthus spp.), Indian plaintain (Cacalia muhlenbergii), round leaf eupatorium (Eupatorium rotundifolium), goldenrod, and aster (Aster spp.). Grasses observed include corn (Zea mays), foxtail millet (Setaria italica), barnyard grass (Echinochloa crusgalii), fescue (Festuca spp.), panic grass, and velvet grass (Holcus lanatus). 3.1.4 Wetlands There is 0.79 acre of wetlands on site. These areas exhibit the presence of hydric soil and hydrophytic vegetation, and evidence of wetland hydrology and connectivity. The wetlands on this site are composed of stream head seeps and wetlands resulting from the neglect and failure of sediment and erosion control measures. Dominant trees observed were red maple and black willow (Salix nigra). Shrub species observed included Chinese privet (Ligustrum sinense), elderberry (Sambucus canadensis), silky willow (Salix sericea), tag alder (Alnus serrulata), 6 swamp haw (viburnum nudum), pepper bush (Clethera acuminata), dog hobble, and yellow root (Xanthorhiza simplicissima). Dominant species in the herbaceous layer include microstegium (Microstegium vimineum), downy lobelia (Lobelia pubera), jewelweed (Impatiens capensis), stinging nettle (Urtica dioica), ironweed, and green coneflower (Rudbeckia lacinata). Grasses and sedges were common and included soft rush (Juncus effusus), marginal rush (Juncus marginatus), American bur reed (Sparganium americanum); shallow sedge (Carex lurida), fringed sedge (Carex crinita), fox tail sedge (Carex vulpinoidea), yellow flatsedge (Cyperus flavescens), straw -color flatsedge (Cyperus strigosus), soft stem bulrush (Scirpus validus), and woolgrass bulrush (Scirpus cyperinus). Ferns observed include cinnamon fern (Osmunda cinnamomea), royal fern (Osmunda regalis) and netted chain fern (Woodwardia areolata). 3.1.5 Perennial Streams Freshwater habitats include the streambeds and banks of Little Willow Creek and Folly Creek, and their unnamed tributaries. There are approximately 3.5 miles of stream channels within the bonded phases boundary. In general, these tributaries flow south to north and eventually into the French Broad River. Streams within the central and southern portion of the property are bordered by mature riparian forest. Stream channels north of the old trout farms and flowing through the old fields lacking any significant riparian buffer. Stream Quality Assessment Worksheets have been included for review (Attachment C). Despite a large influx of sediment during construction of roads in 2008, stream channels are recovering and are in good condition. 3.1.6 Oven Water Three small on -line impoundments exist in succession adjacent to Folly Creek. This system impounds approximately 0.31 acre (collectively) of an unnamed tributary to Folly Creek. 3.2 Soils The Seven Falls bonded phases project site is located within the Mountain physiographic region of North Carolina and more specifically the Broad Basin and Southern Crystalline Ridges and Mountains Ecoregions. Two soil associations are present on site; they are the Codorus - Toxaway- Rosman association and the Evard - Edneyville -Ashe association. The Corodus-Toxaway- Rosman association is classified as nearly level, well drained to very poorly drained soils that have a loamy and sandy subsoil and underlying layer. This association is found on floodplains. The Evard - Edneyville -Ashe association is classified as sloping to very steep, well drained and somewhat excessively drained soils that have a loamy subsoil. This soil association is found on mountain ridgetops and side slopes. Soil series present on site include: Ashe, Bradson, Brevard, Edneyville, Evard, Hayesville, Tate, Toxaway, and Tusquitee. A soils map and legend have been attached for review (Figure 4). 7 3.3 Fish and Wildlife Use of the Proiect Site Wildlife species inhabiting the site include those typically found in the forest types of the region previously described. Although site - specific studies and inventories documenting species utilization of the Seven Falls bond phases project area have not been conducted, general observations of fish and wildlife use were recorded during the stream and wetland delineation, and on -site meetings. 3.4 Threatened and Endangered Species CEC has conducted a file review of records maintained by the US Fish and Wildlife Service (FWS) and North Carolina Natural Heritage Program (NHP). The desktop literature review involved a review of the FWS list of protected species in Henderson County and the NHP Element Occurrence Data on which NHP identifies current and historic occurrences of Iisted species for a specific locale. The FWS lists 8 species as occurring in Henderson County that are subject to Section 7 consultation. The NHP database identifies II element occurrences (EO) within a 2 -mile radius of the project site; 7 EOs, comprised of 3 species, hold a Federal status and are subject to Section 7 consultation. The Federally listed species identified by the FWS and NHP are listed below. Common Name Scientific Name I Status bog turtle � Glyptemys muhlenbergii 1 T(S /A) Carolina northern flying squirrel ( Glaucomys sabrinus coloratus E northern long -eared bat (NLEB) Myotis septentrionalis T Appalachian elktoe ** Alasmidonta raveneliana E bunched arrowhead Sagittaria fasciculata E mountain sweet pitcher plant ** Sarracenia rubra ssp. jonesii I E small whorled pogonia Isotria medeoloides T swamp pink ** Helonias bullata T 1 white Irisette Sisyrinchium dichotomum E "Species with a Federal status subject to Section 7 consultation and within 2 miles of the project site. Habitat assessments for Seven Falls Golf and River Club, including the project site, were conducted in April and May of 2007. Potential fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Flora were identified to the lowest taxonomic level readily discernible in the field during the time of survey. A "Threatened and Endangered Species Assessment" was included in the original Seven Falls Golf and River Club permit application; it is also included as an attachment to this application (Attachment D). Changes to site conditions since the time of the original assessment include clearing of land and installation of roads, and clearing/under- brushing riparian areas. Because site conditions have remained relatively unchanged, with exception of those changes listed above, it is the opinion of CEC that the existing threatened and endangered species report is still valid. CEC did not observe listed species during 2007 or during multiple site visits in 2014 and 2015. 8 Summer habitat for NLEB is present on site. Most tree clearing associated with road infrastructure has already occurred. Minor tree clearing will be needed in the vicinity of the proposed access road near Gore Lake. This tree clearing will occur outside of the May 15- August 15 moratorium. In the event that additional tree clearing is needed during the May 15- August 15 moratorium, the applicant would consult with the FWS prior to tree cutting activities. A survey for Appalachian elktoe in the French Broad River was conducted in April of 2008. No live or dead native mussels were found in the survey area. The French Broad River adjacent to the Seven Falls Golf and River Club was reported to have been significantly affected by sedimentation from upstream sources, and a heavy bed load of coarse, shifting sand was found in all depositional areas and in many erosional habitats. The "Survey for Appalachian Elktoe in French Broad River Adjacent to Seven Falls Golf and River Club" is included for review (Attachment E). Riparian areas adjacent to the French Broad River were selectively cleared during construction activities associated with development of the Seven Falls Golf and River Club, and river conditions have likely not improved since the original survey. Because site conditions have remained relatively unchanged, with exception of those changes listed above, it is the opinion of CEC that the existing Appalachian elktoe survey is still valid. Additionally, the project no longer abuts the French Broad River and the nearest developable lot is greater than 1,400 feet from the river. It is the opinion of CEC that Federally protected species are not likely to be present within the Seven Falls bonded phases boundary. As such, development at the site is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. The FWS will be notified via Public Notice about the project and will be given the opportunity to comment on the project and its potential effects on threatened and endangered species. 3.5 Cultural Resources In November of 2007, the Corps notified the NC State Historic Preservation Office (SHPO) and Tribal Historic Preservation Office (THPO) via Public Notice of the site development at the proposed Seven Falls Golf and River Club. In December of 2007, the THPO commented on the project indicating that cultural resources important to the Cherokee people may be threatened due to proposed ground disturbance at the site. In January of 2008, the SHPO recommended a comprehensive survey of the Seven Falls Golf and River Club project site (which includes the Seven Falls bonded phases). In February of 2007, TRC conducted an intensive archaeological survey at the proposed Seven Falls Golf and River Club project site. Areas surveyed included those that were suitable for prehistoric or early historic period occupation which had not been previously disturbed. During the survey, 34 sites and 16 isolated finds were located within the Seven Falls Golf and River Club project boundary. Six sites were recommended eligible for listing in the National Register of Historic Places; all other sites were recommended 9 ineligible. The "Archaeological Survey of the Proposed Seven Falls Golf and River Club" is included for review (Attachment F). Of the 6 eligible sites, 1 site (31 HN220) is located within the Seven Falls bonded phases project boundary. In May of 2008, the Corps determined that proposed activities at the Seven Falls Golf and River Club may adversely affect the 6 eligible historic and cultural sites. The Corps developed a Memorandum of Agreement (MOA) to mitigate potential adverse effects to the sites. The MOA was signed by interested parties in July and August of 2008. The MOA included data recovery excavations at all 6 eligible sites, including 31 HN220; however, data recovery was never completed. Site 31 HN220 was partially impacted (vegetation clearing and grading) by road construction associated with development of the Seven Falls Golf and River Club. Currently, site 31 HN220 is contained within the road right -of -way and Lot 154 (Parcel # 9527 -75 -8448) which is currently owned by Seven Falls, LLC. At present, development is not proposed on Lot 154; however, road construction would be complete in accordance with the performance bond. It is the understanding of the applicant that the MOA was nullified when the Corps 404 permit was revoked. Seven Falls, LLC owns Lot 154 and Henderson County has not been granted development rights for individual lots. As such, Henderson County cannot legally pursue data recovery for 31 HN220 at this time. Because site 31 HN220 has been impacted, it is the opinion of CEC that activities taking place within the project boundary would not affect the integrity of the historic or culturally significant sites. The SHPO will be notified via Public Notice about the project and will be given the opportunity to comment on the project and its potential effects on archaeological and cultural resources. 10 4.0 PROJECT PURPOSE The basic project purpose of the proposed project is to provide road access to residential lots. More specifically, the overall project purpose of the proposed project is to complete road infrastructure that would provide access to 206 residential lots within the bonded phases of the abandon Seven Falls Golf and River Club development (Figure 1). Lot owners currently have no access to their property. Road infrastructure would facilitate the development of a viable, residential community in Henderson County, North Carolina. 11 5.0 PROPOSED PROJECT DEVELOPMENT The proposed project includes the completion of subdivision road infrastructure and permitting of unauthorized impacts at the residential development known as Seven Falls. The 302 -acre area proposed for improvement represents property included in bonded phases that were originally a part of the 1,400 -acre Seven Falls Golf and River Club residential development (Figure 1). Bonded phases include lots platted and recorded with Henderson County (Attachment A); property outside of these designated phases is not included in the project. Approximately 1,667 linear feet of stream impacts where measured in the bonded phases. Impacts were associated with partial development of the Seven Falls Golf and River Club. The original permit authorization for the Seven Falls Golf and River Club was revoked in April of 2010; therefore, existing impacts on site are unauthorized. This permit application is requesting authorization of existing impacts on site and 4 new impacts (Impact #1, Impact #8, Impact #9, and Impact #14). Stream and wetland impacts for the site would total 1,792 linear feet and 0.01 acre of wetland. Impacts have been identified on the site plan, which is enclosed for review (Figure 5). 5.1 Roads The proposed road network is consistent with the original master plan for the Seven Falls Golf and River Club and is as originally proposed in the permit application submitted in September of 2007. Several road sections as identified on Figure 5 would not be completed, and access from Pleasant Grove Church Road has been added. As proposed, the project includesl l existing crossings, installation of 1 new crossing, and lengthening of 2 existing crossings. Permanent road impacts are identified in the table below. Impact # 1* 2 3 4 5 6 7 9* 10 11 12 13 14* 15 Linear Feet I Notes 104 93 113 43 62 245 106 115 147 101 168 375 30 90 Totals I 1,792 *New impacts. Stream Impacts No existing culvert, new impact 57 LF of unauthorized impacts, increase to 115 LF 67 LF existing (pre -Seven Falls) impacts, increase to 97 LF 12 Wetland Impacts Impact # Acres 8* 0.01 Totals 0.01 *New impacts. 5.2 Existing Culvert Photograuhs and Remedial Actions Existing culverts within the Seven Falls bonded phases project area were evaluated for aquatic life passage and structural stability. Photographs of each culvert are included in Attachment G. The applicant agrees that the conditions below Impacts #3, #5, and #9 -13 are less than desirable and do not meet the requirements regarding aquatic life passage and/or structural stability. Impacts 3# and #5 do not provide for a direct connection between the culvert and the stream channel; however, the outlets and downstream banks are stable. These headwater streams are too small to support fish; therefore, a direct connection between the culvert and the stream channel is not necessary. It is the opinion of the applicant that other aquatic organisms, such as salamanders, could access the culverts. No remedial action is proposed for Impacts 3 and 5. The culvert located at Impact #9 will be removed and a new, lengthened culvert would be installed. The newly installed culvert would comply with requirements regarding aquatic life passage and stability. Impacts #10 and #11 do not provide for a direct connection between the culvert and the stream channel, and the outlets and/or downstream banks are eroding. Impact #10 would likely require stabilization at the outlet or a modified step -pool structure, and stabilization along downstream banks. The outlet of Impact #11 would also likely require stabilization along the downstream banks. Impacts #12 and #13 do not provide for a direct connection between the culvert and the stream channel. These headwater streams are too small to support fish; therefore, a direct connection between the culvert and the stream channel is not necessary. Although the applicant recognizes the outlet conditions of Impact #12 and #13 are not desirable, site access and constructability may limit the ability to remediate the outlet conditions. Additionally, it is unlikely that an aquatic organism would pass a culvert greater than 150 linear feet (Impact # 13 is 375 linear feet) even if there was a direct connection between the culvert and stream channel. The above evaluation is preliminary in nature. Additional evaluation will be required at the crossings along with site visits from engineers and construction personnel to assess site access and constructability before the applicant can 13 commit to any specific remedial actions at any specific locations (with exception of Impact 49), Additional information regarding the existing crossings will be provided at a later date. Additional discussions with resource agencies regarding potential remedial actions can be scheduled at that time. 5.3 Utilities In October of 2012, Henderson County received $6 million in bond funds. Because bond funds are not enough to complete all bonded improvements, Henderson County developed a hierarchy for improvements at the site: 1) road improvements, 2) water, and 3) sewer. Henderson County filed a law suit in 2013 asking the Court for guidance on allocation of bond funds. Funds have been allocated for road designs and permitting needed to obtain construction bids for the roads. Bid requests would be made only after all permits are secured. Bids would be presented to the Court and the Court would order allocation of bond funds for construction of the roads. Construction activities cannot proceed until a Court motion is granted which dictates the allocation of funds. This process would have to be repeated for water and sewer infrastructure. At present, the Court has not allocated funds for additional infrastructure improvements or permitting; therefore, utilities have not been included in this permit application. However, conceptual plans for water and sewer were completed in September of 2014 and provide an overview of desired on -site and off -site utilities for the site (Attachment H). At present, conceptual plans place utilities under existing roads within the Seven Falls development and off -site utilities in the road shoulder of existing DOT roads. It is important to note that these plans are conceptual and subject to change. For instance, ideally sewer would be gravity -fed; however, to accomplish this for Seven Falls, sewer lines would need to traverse property owned by Seven Falls, LLC. At present, Henderson County has not been granted development rights for property outside of the road rights -of -way. As such, Henderson County cannot legally pursue a sewer connection through property owned by Seven Falls, LLC (as shown on the Sewer Collection System plan). Once bond funds are allocated for utilities, additional permits or modifications would be requested, if needed. Regardless of the final utility plans, any crossing of the French Broad River would be directionally drilled. To the best of the design and permitting team's knowledge, no on -site or off -site impacts associated with utilities have occurred on site. r 14 6.0 DISCUSSION OF ALTERNATIVES This discussion of alternatives is submitted by the applicant to assist the Wilmington District, Corps in evaluating the application for authorization to discharge dredged or fill material into waters of the United States, including wetlands, under Section 404 of the Clean Water Act, 33 U.S.C. § 1344 at the proposed project site. An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for consideration of alternatives as required by 40 C.F.R. 230.10(a) is set forth below. The Guidelines' alternatives requirements provide that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences." [See 40 C.F.R. 230.10(a) (emphasis added).] The record must contain "sufficient information to demonstrate that the proposed discharge complies with the requirements of Section 230.10(a) of the Guidelines. The amount of information needed to make such a determination and the level of scrutiny required by the Guidelines is commensurate with the severity of the environmental impact (as determined by the functions of the aquatic resource and the nature of the proposed activity) and the scope /cost of the project." [See Corps/EPA Memorandum to the Field "Appropriate Level of Analysis Required for Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements," p. 2, dated August 23, 1994, hereinafter the "Memorandum. "] As noted in the Memorandum on pages 3 -4, the 404(b)(1) Guidelines "only prohibits discharges when a practicable alternative exists which would have less adverse impact on the aquatic ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic Factors," 45 Federal Reeister 85343 (December 24, 1980).] Practicable alternatives for the project are those alternatives that are "available and capable of being done after taking into consideration costs, existing technology, and logistics in light of overall project purposes." [See 40 C.F.R. 230.10(a)(2).] Clarification is provided in the Preamble to the Guidelines on how cost is to be considered in the determination of practicability. An alternative site is considered "available" if it is presently owned by the applicant or "could reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity." 40 C.F.R. § 230.10(a)(2). The intent is to consider those alternatives, which are reasonable in terms of the overall scope and cost of the proposed proiect. The term economic [for which the term "costs" was substituted in the final rule] might be construed to include consideration of the applicant's financial standing, or investment, or market share, a cumbersome inquiry which is not necessarily material to the objectives of the Guidelines. 15 The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, "we have chosen instead to impose an explicit, but rebuttable presumption that alternatives to discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are environmentally preferable." Of course, the general requirements that impacts to the aquatic system not be acceptable also applies. This presumption "...contains sufficient flexibility to reflect circumstances of unusual cases" (249 Fed. Reg., 85339, December 24, 1980). It is clear from these stipulations that a preferable alternative may allow filling in certain wetland areas and subsequent mitigation and /or management of other areas. 6.1 Avoidance The Seven Falls Golf and River Club residential development was started in 2007 and more than 125 lots were sold at the onset of development. In June of 2010, Henderson County declared that the Seven Falls Golf and River Club development was in default of the performance guarantee and the developer failed to complete the required infrastructure improvements. Approximately 70 lot owners (in good tax standing) cannot build on their property due to lack of infrastructure and lack of access to the residential lots they purchased. Additionally, approximately 50 foreclosed lots are unlikely to be sold without infrastructure in place. A parcel map showing lot ownership and tax standing is included for review (Figure 6). Because the bond money is site specific and because platted and recorded lots have already been sold, alternative site locations and alternative site plans are not feasible. Henderson County received $6 million in bond funds. At this time, Henderson County does not believe that the bond money would cover the cost of all bonded improvements. Henderson County is striving to construct roads in an economical manner which provides access to the most lots, and leaves money remaining for additional infrastructure (water and sewer). Several road sections as identified on Figure 5 would not be completed, and access from Pleasant Grove Church Road has been added. In doing so, 8 stream crossings have been avoided. Three crossings have been added to provide access from Pleasant Grove Church Road; however, two crossings will be bridge replacements (no impact) and one crossing is in the location of an existing crossing (Impact #14). 6.2 Minimization The original road layout was designed to avoid impacts to streams and wetlands to the maximum extent practicable. Because the site is covered in long linear stream segments, it would be impossible to avoid all of the streams while continuing to maintain a rational project design and the flexibility needed to construct a large scale master planned residential community. The property contains an extensive road network in varying stages of completion. Henderson County would utilize the existing roads to complete road infrastructure at the site. 16 And, as mentioned above, several road sections as identified on Figure 5 would not be completed. Avoidance and minimization has taken place on site through elimination of several road sections and general adherence to the original road layout. The table below summarizes the total avoidance and minimization that has taken place within the Seven Falls bonded phases project site. Feature Total On -Site I Proposed Impacts Total Avoided I , Percentage Streams 18,335 LF 1,792 LF 16,543 LF 90% Wetlands 0.79 AC I 0.01 AC I 0.78 AC I 99% 6.3 Alternatives Conclusion This discussion of avoidance and minimization, together with the documents submitted by the applicant in support of the 404 Permit, show that the project is in compliance with the Guidelines. As this analysis clearly demonstrates, the Seven Falls bonded phases is designed to avoid and minimize impacts to the site to the maximum extent practicable while maintaining a rational project design. 17 7.0 CONCEPTUAL MITIGATION PLAN Upon completion and implementation of practical avoidance and minimization efforts, a total of 1,792 linear feet of stream impacts and 0.01 acres of wetland impacts associated with the development within the Seven Falls bonded phases project area are unavoidable. Unavoidable stream impacts will be mitigated for at a compensatory mitigation ratio of 1:1. Mitigation as a whole consists of avoidance, minimization, and compensation. Through avoidance and minimization, 90% of streams and 99% of wetlands will remain unimpacted at the site. Several crossings on site have been completely eliminated, greatly reducing impacts when compared to the originally proposed development. The applicant, Henderson County, is proposing a 1:1 mitigation ratio for unavoidable impacts in an effort to "stretch" limited funding and provide the most benefit to public, including property owners with the Seven Falls bonded phases project area and residents of Henderson County. Lot owners within the Seven Falls bonded phases project area have no access to the property they own and no utilities to make lots viable. Therefore, the property as a whole has remained abandoned since approximately 2008. Henderson County received $6 million in bond funds. Because of minimal funds, Henderson County must prioritize work, and use funds cautiously and efficiently. As an example, Henderson County will contract the completion of roads to provide access; however, the roads will not be paved. This will provide additional funds for the next phases of the project which includes installation of utilities. The funds saved by completing compensatory mitigation at a 1:1 ratio would be enough to connect the Seven Falls development to the existing municipal water supply. Paying for compensatory mitigation at a 2:1 ratio may jeopardize utility construction that can be funded using bond money. In the event utilities could not be constructed, remaining bond funds could be placed into an escrow account to be used at a later date when a third party could defray the remaining costs of development. Lack of utilities would cause existing lots to remain undevelopable. Proposing mitigation at a 2:1 ratio is not in the best interest of the lot owners with the Seven Falls bonded phases area or residence of Henderson County because it compounds funding constraints that already make the project difficult to complete. Abandoned and vacant properties, such as those at Seven Falls, are a public nuisance. They are associated with tax delinquency and denying local governments of desperately needed tax revenues. Instead, abandoned and vacant properties consume tax dollars and decrease neighboring property values. A smaller number of county residents must bear a greater portion of the county tax burden. Henderson County is protecting the public interest by enforcing bond requirements which includes development of infrastructure. By supporting Henderson County's efforts to make the most efficient use of bond funds, including supporting a 1:1 compensatory mitigation ratio, the Corps will aid in lessening the tax burden of Henderson County residents by transforming abandoned land into a viable residential development. 18 The following conceptual mitigation plan is provided in support of this permit application. 7.1 NC Division of Mitigation Services (DMS) By letter dated September 29, 2015, DMS has indicated they are willing to accept payment for impacts up to 1,792 linear feet associated with development of the Seven Falls bonded phases. The acceptance letter is enclosed for review (Attachment I). 19 8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES EPA interim regulations providing guidance for specification of deposit on sites for dredge and fill material were published on September 17, 1993, in 40 C.F.R. 230 per Section 404(b)1. Sub -Parts A through I pertain to dredge and fill permits, and apply to project sites similar to this project. Sub -Part D presents a summary of compliance criteria for the 404(b)1 guidelines. This section references and defines practicable alternatives and indicates that a dredge and fill permit shall not be issued if practicable alternatives exist. Alternatives reviewed, detailed in Section 6.0, were assessed for compliance with 404(b)l guidelines. Additional EPA guidance is presented related to general regulatory criteria, wildlife value, and human health guidelines. The discharge of dredge and fill material is considered permittable under these guidelines if the discharge activity: does not contribute to violation of state water quality standards; does not violate toxic effluent standards; does not jeopardize the continued existence of species listed as threatened and endangered pursuant to the federal Endangered Species Act of 1973 and subsequent amendments; does not cause degradation to any marine sanctuaries; does not contribute to significant degradation of "waters of the United States;" does not adversely affect human health as it pertains to water supply; does not adversely impact wildlife, the food chain, and special aquatic sites; does not contribute to the discharge of pollutants that may affect the food web; does not have negative effects on the productivity of the aquatic ecosystem, or their physical values; and does not have adverse impacts on recreation, aesthetic, or economic values. Additionally, the applicant is required to minimize potential adverse impacts on the aquatic ecosystem. 8.1 Factual Determination The Corps is required to determine both potential short-term and long -term effects of a proposed discharge of dredge and fill material on the physical, chemical, and biological components of an aquatic environment. 8.2 Potential Impacts on Phvsical and Chemical Characteristics of the Aquatic Ecosystem Sub -Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical characteristics that must be assessed during the permit review, and the effects of which must be determined to be minimal on the aquatic ecosystem. 8.2.1 Substrate Fill material in the form of culverts was placed in jurisdictional streams on site (unauthorized impacts). Discharge consisted of suitable fill material and did not include any trash, debris, car bodies, asphalt, etc. The fill material was also free of toxic pollutants in toxic amounts. Proposed new impacts would also consist of clean, suitable fill material. Proper sediment and erosion control measures would be installed prior to and 20 during construction to ensure that the bottom elevation of remaining streams and wetlands on the property would not change. 8.2.2 Suspended Particulate /Turbidity (Sediment and Erosion Control) During construction activities on site, there may be a minimal increase in suspended particulates that may lead to increased turbidity downstream. However, the increase is anticipated to be minimal and temporary due to the installation and maintenance of proper sediment and erosion control measures during construction and shortly thereafter. 8.2.3 Water Quality The proposed discharge of dredge and fill material should not cause increased chemical contamination levels within the aquatic ecosystem. Specifically, changes in clarity, color, odor, and taste of water in addition to possible chemical contamination shall be minimized or reduced. All discharges of dredge and fill material would be controlled with a sediment and erosion control plan. It is anticipated that fill material needed at the site would be taken from on -site areas. The fill material used on site would be clear and free of chemical contamination. Should additional fill material be required, suitable, off -site, clean fill material would be purchased and transported to the project. The applicant is concurrently applying for a DWR, Water Quality Certification. 8.2.4 Current Patterns in Water Circulation The discharged dredge and fill material should not adversely modify current water circulation patterns by obstructing flow, changing direction or velocity of water, or changing velocity or flow of circulation. Proposed new culverts would be buried to a depth that is equal to 20% of their diameter; culverts that are larger than 48 inches would be buried to a depth of 12 inches, unless topographic constraints indicate culvert slopes greater than 5% or bedrock is present at the culvert location. Impacts associated with road crossings do not and would not inhibit channel flow. 8.2.5 Normal Water Fluctuations The discharge of fill material associated with this project is not anticipated to have any significant effect on the downstream hydrologic regimes. 8.2.6 Salinity Because this project is located inland and away from tidally influenced waters and wetlands, no modification to the salinity of on -site or adjacent waters is expected. 21 8.3 Potential Impacts to Biological Characteristics of the Ecosystem Sub -Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in which disposal of dredge and fill material can affect the biological components of the ecosystem. These components are threaten and endangered species; fish, crustaceans, mollusks, other aquatic organisms in the food web; and wildlife. 8.3.1 Threatened or Endangered Species CEC has conducted a file review of records maintained by the FWS and NHP. The desktop literature review involved a review of the FWS list of protected species in Henderson County and the NHP Element Occurrence Data on which NHP identifies current and historic occurrences of listed species for a specific locale. The FWS lists 8 species as occurring in Henderson County that are subject to Section 7 consultation. The NHP database identifies I 1 EOs within a 2 -mile radius of the project site; 7 EOs, comprised of 3 species, hold Federal status and are subject to Section 7 consultation. The Federally listed species identified by the FWS and NHP are listed below. Common Name Scientirc Name Status bog turtle Glyptemys muhlenbergii T(S /A) Carolina northern flying squirrel Glaucomys sabrinus coloratus E northern long -eared bat (NLEB) Myotis septentrionalis T Appalachian elktoe ** Alasmidonta raveneliana E bunched arrowhead Sagittaria fasciculata E mountain sweet pitcher plant ** Sarracenia rubra ssp. jonesii E small whorled pogonia Isotria medeoloides T swamp pink ** Helonias bullata I T white Irisette Sisyrinchium dichotomum I E "Species with a Federal status subject to Section 7 consultation and within 2 miles of the project site. Habitat assessments for Seven Falls Golf and River Club, including the project site, were conducted in April and May of 2007. Potential fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Flora were identified to the lowest taxonomic level readily discernible in the field during the time of survey. A "Threatened and Endangered Species Assessment" was included in the original Seven Falls Golf and River Club permit application; it is also included as an attachment to this application (Attachment D). Changes to site conditions since the time of the original assessment include clearing of land and installation of roads, and clearing/under- brushing riparian areas. Because site conditions have remained relatively unchanged, with exception of those changes listed above, it is the opinion of CEC that the existing threatened and endangered report is still valid. CEC did not observe listed species during 2007 or during multiple site visits in 2014 and 2015. 22 Summer habitat for NLEB is present on site. Most tree clearing associated with road infrastructure has already occurred. Minor tree clearing will be needed in the vicinity of the proposed access road near Gore Lake. This tree clearing will occur outside of the May 15- August 15 moratorium. in the event that additional tree clearing is needed during the May 15- August 15 moratorium, the applicant would consult with the FWS prior to tree cutting activities. A survey for Appalachian elktoe in the French Broad River was conducted in April of 2008. No live or dead native mussels were found in the survey area. The French Broad River adjacent to the Seven Falls Golf and River Club was reported to have been significantly affected by sedimentation from upstream sources, and a heavy bed load of coarse, shifting sand was found in all depositional areas and in many erosional habitats. The "Survey for Appalachian Elktoe in French Broad River Adjacent to Seven Falls Golf and River Club" is included for review (Attachment E). Riparian areas adjacent to the French Broad River were selectively cleared during construction activities associated with development of the Seven Falls Golf and River Club, and river conditions have likely not improved since the original survey. Because site conditions have remained relatively unchanged, with exception of those changes listed above, it is the opinion of CEC that the existing Appalachian elktoe survey is still valid. Additionally, the project no longer abuts the French Broad River and the nearest developable lot is greater than 1,400 feet from the river. It is the opinion of CEC that Federally protected species are not likely to be present within the Seven Falls bonded phases boundary. As such, development at the site is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. The FWS will be notified via Public Notice about the project and will be given the opportunity to comment on the project and its potential effects on threatened and endangered species. 8.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the Food Web Discharges of dredge and fill material can alter the food web by impacting animals, such as invertebrates, that make up the basis of a food chain. The release of contaminants or an increase in turbidity has the potential to negatively affect certain aspects of the food web. Such releases may also potentially increase the levels of exotic species. Proposed new culverts on site would be partially buried in the streambed to allow natural stream substrate to accumulate in the bottom of the culvert and to allow uninhibited aquatic life passage. Impacts to primary food chain production within the waters of the US and wetlands on the project site are expected to be minimal. 23 8.3.3 Other Wildlife The discharge of dredge and fill material has the potential to negatively affect breeding and nesting areas, escape cover, travel corridors, and preferred food sources for resident and migrant wildlife species. The project as proposed would not affect breeding and nesting areas, escape cover, travel corridors, or food sources for resident and migrant wildlife species. 8.4 Potential Impacts on Special Aquatic Sites Sub -Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential impacts on special aquatic sites, which include: sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, and riffle -pool complexes. 8.4.1 Sanctuaries and Refuges The discharge of dredge and fill material has the potential to negatively affect adjacent sanctuaries and wildlife refuges by impacting water quality, decreasing wildlife habitat, increasing human access, and creating the need for frequent maintenance activity, resulting in the establishment of undesirable plant and animal species, which can change the balance of habitat type. There are no designated sanctuaries of refuges located within the project vicinity; therefore, impacts to sanctuaries or refuges will not occur as a result of the proposed project. 8.4.2 Wetlands The discharge of dredge and fill material has the potential to adversely affect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The discharge of fill material associated with the proposed project would impact 0.01 acre of on -site wetlands. 8.4.3 Mud Flats Discharge of dredge and fill material has the potential to negatively affect mud flats that exist along inland lakes, ponds, and riverine systems. There are no mud flat communities within the project boundary; therefore, loss of these ecosystems would not occur as a result of the proposed project. 8.4.4 Vegetated Shallows Discharge of dredge and fill material has the potential to negatively affect vegetated shallows. Vegetated shallows are permanently inundated areas that contain rooted aquatic vegetation. This type of habitat generally exists within estuarine and marine environments; and some freshwater lakes and rivers. No vegetated shallow habitats exist within the project boundary; therefore, no impacts to this ecosystem would occur as a result of the proposed project. 24 8.4.5 Coral Reefs Discharge of dredge and fill material has the potential to negatively affect coral reefs. Coral reefs typically exist within marine ecosystems. Coral reefs do not exist within the project boundary; therefore, no impacts to this ecosystem would occur as a result of the proposed project. 8.4.6 Riffle -Pool Complexes Discharge of dredge and fill material into or upstream of riffle -pool complexes has the potential to negatively affect water quality and wildlife value. Fill in the form of culverts has the potential to be placed into riffle - pool complexes; however, proposed new culverts would be buried at a depth equal to 20% of their diameter, which would allow natural bed substrate to cover the bottom of the culvert. Culverts would be buried unless topographic constraints indicate culvert slopes greater than 5% or bedrock is present at the culvert location. These areas would most likely take on riffle functions. Any permanent impact to riffle -pool complexes would be mitigated for through the proposed mitigation provided by DMS. 8.5 Potential Effects on Human Use Characteristics Sub -Part F of the 40 C.F.R. 230 guidelines address potential effects on human use of wetlands and waterways. Factors including water supply, recreational and commercial fisheries, water - related recreation, aesthetics, and parks and similar preserves are considered within this portion of the guidelines. 8.5.1 Municipal and Private Water Supply The public water supply would not increase or decrease due to proposed activities within the project boundary. 8.5.2 Recreational and Commercial Fisheries Discharge of dredge and fill material has the potential to negatively affect recreational and commercial fisheries. Streams and wetlands on site are not a part of any recreational or commercial fishery. Activities taking place within the proposed project boundary would not adversely impact recreational or commercial fisheries. 8.5.3 Water - Related Recreation Proposed activities within the project boundary would not increase or decrease waterborne recreation in the project boundary or vicinity. 8.5.4 Aesthetics Aesthetically, the proposed residential development would be no different from any other residential development in outlying areas. The project is not expected to diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 25 8.5.5 Parks, National and Historical Monuments, National Beach Shores, Wilderness Areas, Research Sites, and Similar Preserves No areas as described above would be effected by the proposed project. 8.6 Summary Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated herein, a number of potential environmental impacts have been presented and subsequently addressed. The proposed permanent impact to 1,792 linear feet of streams and 0.01 acre of wetland would not cause any off site adverse impacts. Mitigation offered through payment in to the DMS would compensate for any on- site impacts. 26 9.0 PUBLIC INTEREST CONSIDERATIONS When reviewing this application, the Corps is required to consider the project in terms of the public interest. In considering the public interest, the Corps must evaluate the probable impacts of the project and evaluate the "benefits which reasonably may be expected to occur from the proposal against reasonably foreseeable detriments ". In balancing these interests, the Corps must consider the public and private need for the proposed project, the practicability of using reasonable alternative locations, and the extent and permanence of the beneficial and/or detrimental impacts of the project. The Corps also considers the following public interest factors: conservation, economics, aesthetics, general environmental concerns, wetlands, historic and cultural resources, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and water quality, energy needs, safety, food and fiber production, mineral needs, and considerations of the property ownership. Pursuant to 33 C.F.R. 323.6, a determination that the project is not contrary to the public interest must be achieved before permit issuance. Public interest considerations are listed in 33 C.F.R. 320.4 (a)(1) and are discussed below. Furthermore, the Corps regulations state that a permit will be granted unless the district engineer determines that it would be contrary to the public interest. The applicant has extensively evaluated these factors through the planning process and believes that the proposed project is clearly not contrary to the public interest. 9.1 Conservation The applicant is not proposing preservation as a component of the project; however, those projects completed by the DMS in association with this project would be preserved in perpetuity. . 9.2 Economics The project would provide an overall benefit to the local economy of Henderson County. During and upon completion of construction, the site would provide job opportunities associated with maintenance of the residential development. The project would also benefit the local economy by providing additional tax revenues. The appropriate economic evaluations have been completed and the project as proposed is economically viable. 9.3 Aesthetics Aesthetically, the proposed residential development would be no different from any other residential development in outlying areas. The project is not expected to diminish the aesthetic value of the area or cause disharmony from an aerial or neighboring view. 27 9.4 General Environmental Concerns Other than stream and wetland impacts, proposed development activities within the proposed project boundary would have no significant identifiable impacts upon other environmental components. 9.5 Wetlands The discharge of dredge and fill material has the potential to adversely affect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The discharge of fill material associated with proposed development would impact approximately 0.01 acre of on -site wetlands. 9.6 Historic Properties A desk review of the National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) indicates two historic property within 2 miles of the Seven Falls bonded phases project area: Byrn Avon (SHPO Reference #HN0072) located approximately J miles from the project site, and the Dillard and Georgia Sewell House (SHPO Reference #HN1262) located approximately 1.4 miles from the project site. It is the opinion of CEC that activities taking place within the bonded phases boundary would not affect the integrity of the historic sites. The SHPO will be notified via Public Notice about the project and will be given the opportunity to comment on the project and its potential effects on archaeological and cultural resources. 9.7 Fish and Wildlife Values Riparian and wetland areas provide habitat for many types of wildlife because of their diverse and productive plant communities, complex structure, and close proximity to surface water. Wildlife may be permanent residents of riparian and wetland areas or occasional visitor that use the areas for food, water, or temporary shelter. Food availability varies with the type of vegetation in riparian and wetland areas, but includes fruit, seed, foliage, twigs, buds, insects, and other invertebrates. Trees and shrub produce a variety of foods that are eaten by many animals and may be especially important sources of nutrition during the winter months. Grasses and herbaceous vegetation provide seeds and forage both within riparian and wetland areas and along the forest border. The stream environment provides moving water for many animals to drink, feed, swim, and reproduce. Water is also available on moist vegetation and in wetlands that are often associated with riparian areas. These areas, both permanent and temporary, are especially important for amphibians and macro - invertebrates. 28 Riparian and wetland areas provide a sheltered environment for many species of animals to feed, rest, and reproduce. Animals use these areas to seek shelter from extreme weather and to escape predators and human activity. Riparian and wetland areas may also provide important travel corridors for some species, and are frequently used as stop -over points for migratory birds. Although impacts to these systems would occur within the Seven Falls bonded phases project boundary, adequate avoidance, minimization, and compensatory mitigation would compensate for lost functions and values. 9.8 Flood Hazards It is likely that some tributaries on the property will flood occasionally due to natural fluctuations in weather patterns that increase precipitation. The activities taking place within the propsed project boundary are not expected to increase or decrease the natural rate of flooding at the site or downstream. 9.9 Floodalain Values Designated floodplains exist along Little Willow Creek adjacent to the Seven Falls bonded phases project boundary (FEMA Map Panels 3700952800K and 3700952700K, effective October 2, 2009). Designated floodplains would not be impacted by proposed activities. Flood stages and frequencies should not increase or decrease as a result of the activities taking place within the proposed project boundary. A map showing the 100 -year floodplain boundary is included for review (Figure 7). 9.10 Land Use The proposed project would be in compliance with local zoning regulations and ordinances. The project is consistent with surrounding land use and development. 9.11 Navigation Tributaries on site include Little Willow Creek and unnamed tributaries, and Folly Creek and unnamed tributaries. All of the tributaries within the bonded phases boundary are tributaries to the French Broad River. The French Broad River is a navigable -in -fact water at the Wilson Bridge east of Brevard. Activities proposed within the Seven Fall bonded phases boundary are not likely to affect navigation. 9.12 Shore Erosion and Accretion The project should have minimal effects on erosion and runoff. An erosion control plan would be implemented as part of the construction plan for the project. During the construction process, best management practices (BMPs) would be followed. These BMPs would include the construction of swales, erosion and sediment control structures, turbidity barriers, and other 29 measures that would prevent sediment transport off the project site and into adjacent waters. Activities at the proposed project site are not likely to cause significant erosion or accretion. 9.13 Recreation Proposed activities would not increase or decrease waterborne recreation on site or in the project vicinity. 9.14 Water Supply and Conservation The public water supply would not increase or decrease due to proposed activities within the Seven Falls bonded phases project boundary. 9.15 Water Oualitv (Stormwater Management) No short term or long term adverse water quality impacts are anticipated. BMPs would be incorporated during construction. The applicant is concurrently applying for a DWR, Water Quality Certification. 9.16 Energv Needs Activities taking place within the proposed project boundary, during construction and at full build out, are not expected to significantly increase energy demands beyond the capacity of the local facility. Energy would not be produced as a result of the proposed activities within the Seven Falls bonded phases boundary. 9.17 Safetv The proposed project would be designed with the maximum possible considerations for public safety. The proposed activities would not increase or decrease public safety. 9.18 Food and Fiber Production The proposed activities within the project boundary would not increase or decrease food and fiber production. 9.19 Mineral Needs The project fulfills no current mineral needs. No mining activities are proposed as part of the proposed project. 9.20 Considerations of Property Ownership The Seven Falls bonded phases project area has multiple property owners. Henderson County has been granted development rights for roads and has the inherent right to develop the land in a reasonable and responsible manner, which includes adhering to all Federal, State, and local regulations. 30 Henderson County Attn: Mr. Marcus Jones I Historic Courthouse Square Hendersonville, North Carolina 28792 9.21 Needs and Welfare of the Public The project would positively address the needs and welfare of the public by providing additional tax base and housing in Henderson County, North Carolina. Additionally, the proposed project would provide road access to property owners that currently do not have access to properties they purchased. 31 10.0 SECONDARY AND CUMULATIVE EFFECTS The Seven Falls bonded phases project area is located within the French Broad River Subbasin 04- 03 -02. Approximately 75 percent of this subbasin is forested and the total land mass includes approximately 806 square miles (516,000 acres). The project is comprised of approximately 302 acres (0.47 square miles). All of the land mass for the project accounts for less than 0.06 percent of the land mass of the basin. These percentages alone, limit significant cumulative effects on the watershed. Past activities within the subbasin and at the project site include logging, agricultural and residential development, and road building. Logging activities have ceased at the project site but remain active in other parts of the watershed. Agricultural and residential development, and road building in the vicinity remains active; continued and future development of the watershed is independent of activities proposed within the Seven Falls bonded phases boundary. Propose impacts include the installation of roads. Road impacts are necessary for access and the development at the site. Minimization activities have lessened impacts associated with road crossings and wetland fill and their effects cumulatively on the watershed would be minimal. No proposed activity would result in a major impairment of the water resources on site or interfere with the productivity and water quality of the existing aquatic ecosystem. It is possible that some aspects of water quality would improve with the completion and stabilization of roads. Any goods and services needed by the residence of the development could be obtained from the nearby towns of Etowah, Hendersonville, and Asheville. This project would not result in additional development, which would impact nearby downstream water quality. 32 11.0 SUMMARY The Seven Falls bonded phases project would include completion of subdivision road infrastructure and permitting of unauthorized impacts at the residential development known as Seven Falls. As proposed, the project includeslI existing crossings, installation of 1 new crossing, and lengthening of 2 existing crossings. Alternatives have been discussed and the project as proposed, is the least damaging practical alternative which meets the project purpose. Potential impacts to the physical and chemical characteristics of the ecosystem, biological characteristic of the ecosystem, impacts on special aquatic sites, and potential effects on human use characteristics would be minimal. The project is not contrary to the public interest and would aid in the continued growth of Henderson County. 33 Seven Falls Bon AA. 1� I � . Legend g' r////-i Seven Falls - Bonded Phases Boundary Seven Falls Golf and River Club - Original Boundary Henderson County, North Carolina ded4Phases ( +/- 302 AC IS C LearWaLer 32 Clayton Street Asheville, North Carolina 28801 0 r N 0 500 1, 000 2,000 Feet Boundary Comparison Figure I Seven Falls Bonded Phases ( +/- 302 AC) aV I River Is 0"0 C', a, Mate Shoe ♦dad `a 4. =� Etowah spa c� 9Q A p,. •Oj Rh v , 1 Has G°a .a- ?� � C wn Bonded Phases Boundary I f i 'Legend Bonded Phases Boundary Drawn by: 07.21.15; CEC Project# 696 Henderson County, North Carolina a° r° � M nd° ° aoMv MOMI. 1 Cenrst V. 4 s 8' ~�6 Laurel y Rd Park u. M."wi VS.u.W z so, P"rw Hendersonville Hendersonville CO�•Rry � � L ��i° Q 0� �s �D p^C• Ry i t = flat Rock 34 Jp 6 U CLearWaber 32 Clayton Street Asheville, North Carolina 28801 7f I� I0 0.5 1 2 SiiWOMMOMOM Miles Site Vicinity Figure 2 as p,. •Oj Rh v , µd U CLearWaber 32 Clayton Street Asheville, North Carolina 28801 7f I� I0 0.5 1 2 SiiWOMMOMOM Miles Site Vicinity Figure 2 10 0 Bonded Phases Boundary Legend Bonded Phases Boundary Drawn by. L .22. IN Henderson County, CLearWater North Carolina 32 Clayton Street Asheville, North Carolina 28801 r� s 11h F �f�t ate•► • - FFA 0 500 1,000 2,000 Feet USGS Topographic Map Horse Shoe Quad Figure 3 is m 3 ` f 4p . i h , Ir a� 11 i' ftBonded Phases Boundary Seven Falls Bonded Phases ( +/- 302 AC) .c , 0 250 500 1,000 1,500 Feet Henderson County, North Carolina Mitigation Stream Wetlands Open Water inp.ase 2*e LF Legend Stream Stream Impacts 1 ct # Measured For Permit 1 I 2 93 93 3 113 113 4 I 5 62 62 6 245 245 7 106 106 9 57 115 10 147 147 11 101 101 Mitigation Stream Wetlands Open Water inp.ase 2*e LF Legend Stream Stream Impacts 1 ct # Measured For Permit 1 0 104 2 93 93 3 113 113 4 43 43 5 62 62 6 245 245 7 106 106 9 57 115 10 147 147 11 101 101 _ 12 168 168 " - - 13 375 375 - 14 ** 67 30 15 90 90 Totals 1667 1792 * *Crosiig # 14 has an existing 67 -foot culvert that would be increase to 97 feet, for a total new impact of 30 feet. Mitigation Stream Wetlands Open Water inp.ase 2*e LF Legend Stream - - - - USGS Streams Seven Falls Project Data State Roads Total Project Area +/- 302 acres (in bonded phases) Bonded Parcels Jurisdictional Waters of the US in Bonded Phases Streams 18,335 linear feet Wetlands 0.79 acres Open Water 0.31 acres Jurisdictional Impacts in Bonded Phases Streams 1,792 linear feet Wetlands 0.1 acres Open Water 0 acres Avoidance/Minimization in Bonded Phases Stream 16,543 linear feet (90 %) Wetlands 0.78 acres (99 %) Open Water 0.31 acres (100 %) Mitigation Stream Wetlands Open Water inp.ase 2*e LF Legend Stream - - - - USGS Streams Culvert State Roads Entrance Road Roads Not to Complete Linear Wetland Bonded Parcels Wetland Bonded Phases Boundary Open Water Cultural Resources Drawn by.- RLN 09.16.15; CEC Project #6%, CLear\Mter Seven Falls - Bonded Phases Plan and Impact Map 224 South Grove Street, Suite F Figure 5 Hendersonville, North Carolina 28792 Ii Seven Falls Bonded9lhases ( +/- 7// N 0 250 500 1,000 Feet Drawn b 69.25.15; Projec j Henderson County, North Carolina %// CLearWaLer 32 Clayton Street Asheville, North Carolina 28801 Legend 302 AC) Owned by Seven Falls LLC Owned by Other LLCs Owned by Individuals Owned by Bank Owned by McElrath Carolina Investments LLC Delinquent Taxes Parcels Parcel Ownership Henderson County Parcel Data Figure 6 o, Seven Falls Bonded Phases ( +/- 302 AC) 4 s F100-YR Floodplain Legend Bonded Phases Boundary 100-YR Floodplain Drawn by: RLN 08.03.15; CEC Project# 696 e`^ �o 3 0 500 1,000 2,000 Feet CLear aLer 100 -YR Floodplain Map Henderson County, V V Panel 3700952800K and North Carolina Panel 3700952700K 32 Clayton Street Asheville, North Carolina 28801 Figure 7 FRENCH BROA D RI VER NCHBROAD RIVER __ __ I -"' Seven Falls Ownership of Recorded Lots as of September 28, 2015 Pleasant Grove Rd. IRecorded Lots Improvement Guarantee Lots Streams and Rivers Streets Little W'Ilaw Creek � FT Parcels 205 Total Lots Recorded in the above Phases PLE SA T Rt a r 0 < \ --11/ I I 1 inch = 600 feet N 0 275 550 1,100 Feet This map is prepared from the inventory of red property foul within this jurisdiction, and is compiled from recorded deeds, plats, E and other public records and data Users of this map, are hembv rroefed that the aforementioned public primary information sources should be consulted for verification of the information contaned on this map. The County and mapping company assume no legal Sresponsibility for the information contained on this map. Henderson County Planning Department 09/28/2015 Lot PIN 0 9527664863 1 9537071602 2 9537181882 3 9527993379 4 9527769404 5 9527995320 6 9527972447 7 9528708562 8 9528709903 9 9528705301 10 9527991415 11 9527899990 12 9527891878 13 9527986157 14 9527973693 15 9527976624 16 9528509272 17 9527979600 18 9527979415 19 9527891557 20 9527897986 21 9537182924 22 9537181661 23 9528805127 24 9537095062 25 9537095202 26 9528611435 27 9537181905 28 9537097691 29 9527872203 30 9527870319 31 9537092242 32 9527887321 33 9527998254 34 9537092699 35 9527863079 36 9537090127 37 9527998012 38 9527757242 39 9527865239 40 9527991779 41 9528803385 42 9528803120 43 9528716101 44 9528705141 45 9527878976 46 9527797555 47 9527893584 48 9527982085 49 9527984170 50 9527895579 51 9528709153 52 9527884288 53 9537080072 54 9527896326 55 9528709711 56 9528708393 Acreage Property Owner(s) 2.92 SEVEN FALLS LLC 0.2 SEVEN FALLS LLC 0.53 SEVEN FALLS LLC 0.47 SEVEN FALLS LLC 1.91 BURNS, SUSAN BRODIE ; BURNS, ROBERT KENT 1.35 MCELRATH CAROLINA INVESTMENTS LLC 2.69 MCELRATH CAROLINA INVESTMENTS LLC 1.66 COOPER, MARIE Y TRUSTEE; MARIE Y COOPER REVOCABLE TRUST 2.01 STOKES, WILLIAM F JR. TRUSTEE; WILLIAM F STOKES JR. LIVING TRUST 1.05 FRENCH BROAD RIVER PARTNERS LLC 1.57 DPM INVESTORS LLC A NC LL COMPANY 1.39 SAMS, RONALD F III 1.58 MCELRATH CAROLINA INVESTMENTS LLC 1.33 MCELRATH CAROLINA INVESTMENTS LLC 1.27 SEVEN FALLS LLC 1.27 WILSON, KAREN L; SINCLAIR, LORI ELLEN PRICE 1.05 IRISH LADS LLC 1.1 MAIER, GERALD J CO TRUSTEE; MAIER, CORINNE CASSEDY CO TRUSTEE; GERALD J MAIER REVOCABLE TRUST 1.2 MCELRATH CAROLINA INVESTMENTS LLC 1.01 TALLEY, THOMAS A; TALLEY, DONNA G 0.59 SEVEN FALLS LLC 0.62 SEVEN FALLS LLC 0.89 MCELRATH CAROLINA INVESTMENTS LLC 0.33 SEVEN FALLS LLC 1.95 SYNOVUS BANK 0.95 OLD TOWN BANK 0.94 IRISH LADS LLC 0.24 SEVEN FALLS LLC 0.29 SEVEN FALLS LLC 1.06 FRENCH BROAD RIVER PARTNERS LLC 0.92 IRISH LADS LLC A NEVADA LL COMPANY 1.11 OLD TOWN BANK 1.72 MCELRATH CAROLINA INVESTMENTS LLC 1.07 BRUMIT HOLDING, LLC 1.08 MCELRATH CAROLINA INVESTMENTS LLC 1.97 SEVEN FALLS LLC 1.42 MCELRATH CAROLINA INVESTMENTS LLC 0.89 RUGBY ASSOCIATES LLC A NC LL CO 1.67 SEVEN FALLS LLC 1.87 SEVEN FALLS LLC 1.98 MCELRATH CAROLINA INVESTMENTS LLC 0.19 SEVEN FALLS LLC 0.56 SEVEN FALLS LLC 0.67 MCELRATH CAROLINA INVESTMENTS LLC 1.08 BANKS, PAMELA 1.42 MCELRATH CAROLINA INVESTMENTS LLC 1.21 PIGNATIELLO, STEPHEN L 0.99 HANSEN, TODD HERMAN; 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Quad: Horse Shoe NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Henderson County / Attn.: Marcus .tones Address: I Historic Courthouse Square Hendersonville, NC 28792 Telephone Number: 828 - 694 -6560 Size (acres): 301 (Bonded Phase Tract) Nearest Town: Etowah Nearest Waterway: UTs Little Willow Creek, Little Willow Creek, UTs Folly Creek, & Folly Creek Coordinates: 35.283777 N, 82.589369 W River Basin/ HUC: Upper French Broad (06010105) Location description: The site is known as the Bonded Phase tract of land, a portion of the Seven Falls development containine residential building lots south of Pleasant Grove Road and east of Pleasant Grove Church Road in Etowah, Henderson Countv North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). Il'you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC y 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant_ To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ ] -he property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement ofdredged or fill material within waters of the US and/or wetlands without a Department ofthe Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828 -271 -7980, ext. 232 or david.w.brown @usace.army.mil. C. Basis for Determination: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Afanual and the Regional Supplement to the Corps grEngineer•s ll "etlands Delineation Manual: Eastern Afounlaln and Piedmont Region, Version 2.0. These wetlands are abutting to stream channels located on the property that exhibit indicators of ordinary high water marks and have perennial Flow. The stream channels on the property are unnamed tributaries (UTs) of Little Willow Creek, Little Willow Creek, UTs of Folly Creek, and Folly Creek. The UTs of Folly Creek are relatively permanent waters (RPW) which flow into Folly Creek (RPW), then flows into Little Willow Creek (RPW). The UTs of Little Willow Creek (RPW) flow into Little Willow Creek. Little Willow Creek flows into the French Broad River, traditionally navigable water (TNW) and designated Section 10 water. The French Broad River merges with the Holston River to form the Tennessee River which flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. D. Remarks: The waters of the U.S., at this site, were verified on -site by the Corps on August 11, 2015 and are as approximately depicted on the attached Stream and l edund Delineation Afap, Figure 3, submitted by ClearWater Environmental Consultants, dated June 2015. E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation /determination may not be valid for the welland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 L Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM 15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 23, 2015. "it is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: David Brown Issue Date of JD: Aueust 24, 2015 Expiration Date: Five years from Issue Date 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 online at ht to : / /reeulatorv.usacesurvev.com /. Cope furnished: ClearWater Environmental, Inc., Attn.: Kevin Mitchell, 32 Clayton Street, Asheville, NC 28801 V 1,1v-�J � `j�l L USACE AID# DWQ # Site # (indicate on attached map) ;P7n, STREAM QUALITY ASSESSMENT WORKSHEET ;. Provide the following information for the stream reach under assessment: 1. Applicant's name: li,.,di. - Co V, a 17,.114 2. Evaluator's name: Ih.a�V�ll/ Vc nk� to 3. Date of evaluation: I I ► I t S 4. Time of evaluation: 5. Name of stream: z 6: River basin: C 9-C r.) CVO t-Ro A n 7. Approximate drainage area: a ° a —, 8. Stream order: 3e C6^1 9. Length of reach evaluated: (00' 10. County: N��auS,r 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any):((5 Latitude (ex. 34.872312): 35• P l Sq 1 Longitude (ex. -77 556611): - b a , 16016d.Z Method location determined (circle): GPS Topo Sheet Ortho A so 'a! to/ S) Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): ��1�, 1.Y,po�t ti 15 (�TREArnSzl 14. Proposed channel work (if any): NIA 15. Recent weather conditions: 16. Site conditions at time of visit: CIt- 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _.Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES �) 20. Does channel appear on USDA Soil Survey? 6B NO 21. Estimated watershed land use: 'S % Residential _% Commercial _% Industrial _% Agricultural _�O % Forested 15 % Cleared / Logged _% Other ( ) 22. Bankfull width: b 23. Bank height (from bed to top of bank): 1 -5 24. Channel slope down center of stream: X Flat (0 to 2 %) _Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep (> 10 %) 25. Channel sinuosity: Straight XOccasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be 'scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. if a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 50 Comments: Evaluator's Signature �� Date 9 1 ti h:5- This channel evaluation form is intended to be used only as a guide to assist landowners_ and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. Ai i -0 L05 M8 W � MA 10"iNINN Mali", - i WN, MIME Pi-111,111 HIM E,6 IKim INPN', STREAM QUALITYASSESSMENT WORKSHEET ORMOG-97, OTOR-1-01MG IONJRQP fff —FGoWTW--'! -Wfton64 0- A iilllu 4 i MAW, l.2 Rf-5—i LMM L wamesp MEMO mxu� -iwj uME--Or a� 1011*1VI FTE UP MW IT i-46.1 LOK-111'2�2t'YJi 3 SAIm 1.21 FIE NONE Im 1406 0 LM PP I 137- i-AP4 _0 wamesp MEMO mxu� -iwj FTE UP MW � 3 SAIm 1.21 FIE NONE Im 1406 These characteristics are not assessed in coastal streams. 2 U. k'"j"o-, IO aR"S WE USACE AID# DWQ # Site # (indicate on attached map) FE-3 STREAM QUALITY ASSESSMENT WORKSHEET i Provide the following information for the stream reach under assessment: 1. Applicant's name: V• t4ui� , Cot -kli �- Fhl \C 2. Evaluator's name: M:?,.Wl kh. -k,►r. 3. Date of evaluation: °l I1ol is 4. Time of evaluation: 9.00 5. Name of stream: W A tut- 1 —t -A Al 6. River basin: TCIL, ctn bro-A 7. Approximate drainage area: 59 au'S 8. Stream order: 0n' l 9. Length of reach evaluated: 1130' 10. County: t11 J"s•^ 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): -1 FtAS Latitude (ex. 34 872312): 3a. 2 %9 p 1-J Longitude (ex. — 77.556611): `&d. 51-0 91 Method location determined (circle): GPS Topo Sheel rtho (Aeria) Photo/ Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): r' 6,r- IMyvt A I (S - 1 5 X—Cw E(z) 14. Proposed channel work (if any): PIA 15. Recent weather conditions: 16. Site conditions at time of visit: C\44 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (1 -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? Q NO 20. Does channel appear on USDA Soil Survey? YE NO 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 9 0 % Forested lb % Cleared / Logged _% Other l 22. Bankfull width: `i 23. Bank height (from bed to top of bank): 3� 24. Channel slope down center of stream: _Flat (0 to 2 %) Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: Straight Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): (:3 Comments: Plo), i IQ Evaluator's Signature Date 9 1O rS This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change — version 06%03. To Comment, please call 919476 -8441 x 26. K 5-15 STREAM QUALITY ASSESSMENT WORKSHEET IRkOR1,1116M, 01M M U"'! 2A-M-a— D'i: —li-EX FT 1 v d MR o f Ou b R e I i •=GFA; �RlXdischarges E E 5-2101 0-jak.1,27 n o1 (n4of I ��alffloollun&mnmipouums j, V;�kz F11 7, qp q - z i - PT 73 W M' Pi MIN I. EWE LN "M 7 n � invertebrates (se e p ag ��4, � ce 6M oMeou p )o 9 M a M 2V, 6 ME 1 01 z"'. ED,! &mum 01- 3 3 Li Li 3 1, i 101, 8! qr- 3 P"I'l, Vi IN 1800,15,02M 02 FR A H- 4W A use, 0— IA I!M� V- 1 3 un t , NOR= T points) oil otal PoiDts ,offi 00 0�0 , X00 , 1:1,09A 611Tl * These characteristics are not assessed in coastal streams. ?�1 °tu d Z)ol USACE AID# DWQ # Site # (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: HC,3<r (0„1\y 2. Evaluator's name: t %4,.l-ctl a.,1w1CA 3. Date of evaluation: 9110 It$ 4. Time of evaluation: 5. Name of stream: V c.NZ- -t Z.o,, 1 6. River basin: Vr-m- Viro.A 7. Approximate drainage area: 11 Ft'ft 8. Stream order: a,\ 9. Length of reach evaluated: t oo ' 10. County: Ot- J.4 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): 1 Latitude (ex 34.872312): 551 dSk19Hb Longitude (ex.- 77.556611): - $;t • Method location determined (circle): GPS Topo Sheet rtho Aeria Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): �,. 7`iiil.ov,l S.Mj'PL i 147 (n (-)-I QC R t✓\ \lo 14. Proposed channel work (if any): r'tA 15. Recent weather conditions: 7�*. "y 16. Site conditions at time of visit: Cloudy 17. Identify any special waterway classifications known:, _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YE NO 20. Does channel appear on USDA Soil Survey? ®E NO 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 90 % Forested 1�% Cleared / Logged _% Other 22. Bankfull width: 4 23. Bank height (from bed to top of bank): Z 24. Channel slope down center of stream: _Flat (0 to 2 %) X Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: XStraight _Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must.be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 5W Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental' professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919 - 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET it f WEfal V I'll, we Q 7'ZOMMA i"111, i U o 0 wypstentipooir nw= I' I , in In A k• 1 Wmm zi 0 0; a �V, V Dizone, 4o NP- 4 LIEN deneel go n J-19r NOINI_21 41- ,4,1, , Rill e C es 0 NO, _3 ro 10 c n 3 mnWLIP0 2n M qW cent figo-doUd _71 5 F.j.*7 ME pe�2% �v , I i ,jffi—p,T1 - iR - Q- or Ru 075 FRON H- Rr poin 1� 7 7,4 r, J WWW2�1 So-40TA dik%kilawpo ISBN- v ly R ItIlMmAN v - ' kM PVresencPAT OJ tt wet R no r gge.i dj ands iiwutts)� I RAM wmf, m �m,! i-," ni kw 9 K - WE pl, 1, iwl 2M—nnell,-, 69ty, pp p � 0 N.4 1:3T Z 0 - u ft R-1 iA Xb P_ I �U;f finiiiiiV-ho1nosm. miu;f L E. *, IHOR51,0!z rj,-- r, irlq Rif& on oL Wan', ;go, L,4j 211 4 PT M Olin. (deeply me sad Fab; Wwww" - E C—H&Woff f W �14NVV 9 t7 1r b VE j5 OR Ailo 4 741i i k26:1 1 Alkla Tel 224 IM12 0-5 4 MR u Plu mm I ikv 0 4 Well 0 g 100 R gl, Q, O,g g Wa 1 0MCIT! 5171 -2 z 3 4 _z 3 S Z 3 These characteristics are not assessed in coastal streams. M L22 t�!:ci�,-bf` h flu, fn R Mee z"oomn umerous 21 IN MA-1.0WOMP S, IW P VO ai R a These characteristics are not assessed in coastal streams. USACE AID# DWQ # Site # (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET 1 Provide the following information for the stream reach under assessment: I Applicant's name: flt ^J v,� C-i . -4 1�.d4 2. Evaluator's name: h' -a,, ok 3. Date of evaluation: 9 4. Time of evaluation: V-00 0 5. Name of stream: 5• I`I o,N 3 D mw Fc, 7. Approximate drainage area: 11 QC94 9. Length of reach evaluated: '� 100 11. Site coordinates (if known): prefer in decimal degrees. 6. River basin: Trc-A- 8. Stream order: �,a .,Ie.( 10. County: 14,S r5-,-N 12. Subdivision name (if any): �tls Latitude (ex. 34.872312): 35. a$b a31 Longitude (ex - 77.556611): $2. 58 -4 591 Method location determined (circle): GPS Topo Sheet rtho (Aerial) Photo /GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): �JCI pV- LMO.I it � l 14. Proposed channel work (if any): t�/A 15. Recent weather conditions: 4, ni 16. Site conditions at time of visit: S�1%ry 17. Identify any special waterway classifications known: _Trout Waters _Outstanding Resource Waters 18. Is there a pond or lake located upstream of the evaluat 19. Does channel appear on USGS quad map? YES 'lam 21. Estimated watershed land use: _1 /6 Residential 1p /o Forested 22. Bankfull width: y _Section 10 _Tidal Waters _Essential Fisheries Habitat _ Nutrient Sensitive Waters _Water Supply Watershed (1 -1V) 3n point? YES ©O If yes, estimate the water surface area: 20. Does channel appear on USDA Soil Survey? YES NO _% Commercial _% Industrial _% Agricultural 10 % Cleared / Logged _% Other l 23. Bank height (from bed to top of bank): 1.5 24. Channel slope down center of stream: _Flat (0 to 2 %) _Gentle (2 to 4 %) _L _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: Straight _Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 59 Comments: ek,° , 6`61 �3 Evaluator's Signature - t-- Date 1 110) 15' This channel evaluation form ` �L is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio, or requirement. Form 'subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET M ECOREGIOINTR�11G13 Wl SC Ll TER � ffi-,7Nd L'n ".;.€! -' ls)PIlil �O EMMA p L o 7v D' .3 Ll TER � ffi-,7Nd K.1, klrTl� ".;.€! -' ls)PIlil 1. 1x.;,0 IIE-I'Mm. OW 3 1 1 3 J r IM Zi !"M 0N-4 I I 3 g-K These characteristics are not assessed in coastal streams. USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: 3. Date of evaluation: 5. Name of stream: 5 7. Approximate drainage area: 9. Length of reach evaluated: 100 11. Site coordinates (if known): prefer in decimal degrees. Latitude (ex 34.872312): ;G x81596 2. Evaluator's name: N 11,_1n11 / U..., k -1h 4. Time of evaluation: 6. River basin: t�cntit, �7roa� 8. Stream order: F�rSk 10. County: frig ��s 12. Subdivision name (if any): hll� Longitude (ex. - 77.556611): - 9 1109 0 Method location determined (circle): GPS Topo Sheet 45&9-(Aerin Photo /GI Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): N.k, I-0- '�L kt � S-riz F,: I.,\ r \S-�l 14. Proposed channel work (if any): IN 15. Recent weather conditions: 16. Site conditions at time of visit: N-d y 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES ® If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES 0 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural OL5_0/o Forested -5 % Cleared / Logged _% Other 22. Bankfull width: LA 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: _Flat (0 to 2 %) _Gentle (2 to 4 %) _X —Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: _ CX Straight _Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page.2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity,.and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): G1 Comments: �� L1942— Evaluator's Signature � � Date 11° 1 t� This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE °approval and does not imply a particular mitigation ratio or requirement. Form subject to change — version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET - ME , , CHI WRAMm T Ig C g 1 Afam JOINT RANGE 4 -P gliginc; f loagiiwa Ell U 2, 1 1 (extensive- ttmgm, q _ ' TMMT 77N a, Ni , 764291,. i�e & Eli! i D vel, Allis nri !t", 5 1A, wo gw, M, e"d N MEMO 011 ffiifiiiaon�;-�-max, E,�IW2 �Fl-RAI-11-1i4,9 nm P, r�,KIRPOWB�F R g�gaw-,-r 0 eL T2 I Ml 7: VE , Pg. Re 2A Uri.— am �,rwj 4 v, ,Xpg�g��glq L 'NOU A* Ill. ii .0 � N �R ,. o W M- '- ffiO=�4'51- AK�gO6 J L t7,T i A1 , 5 LI 13 5 y 3 3 7,7 USACE AID# DWQ # Site # (indicate on attached map) FE-3 STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: l iLJu4.r C.i,� 3. Date of evaluation: `(Ii sl is 5. Name of stream: C 7. Approximate drainage area: 2-� aac4 2. Evaluator's name: ("t Ac,t<,ll / V., 6(e, 4. Time of evaluation: ') • o a 6. River basin: Fr,-a, 0.rb,d 8. Stream order: Sr (.O�J 9. Length of reach evaluated: 100' 10. County: 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): -1 V-Aks Latitude (ex. 34.872312): 35. 2$ I `1 a Longitude (ex. - 77.556611): - '6;k. 555'1 ZI Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo /GI�) Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): Qjtlow to -path '�'tCi. � S ��EAt✓\ � 1 14. Proposed channel work (if any): N J^ 15. Recent weather conditions: Q :-� 16. Site conditions at time of visit: [' i„4' w 17. Identify any special waterway classifications known: _Trout Waters _Outstanding Resource Waters _ 18. Is there a pond or lake located upstream of the evaluate( 19. Does channel appear on USGS quad map? YES N 21. Estimated watershed land use: _% Residential W% Forested 22. Bankfull width: Section 10 Tidal Waters Essential Fisheries Habitat _ Nutrient Sensitive Waters _Water Supply Watershed (I -IV) )n point? YES Q If yes, estimate the water surface area: 20. Does channel appear on USDA Soil Survey? @ NO _% Commercial _% industrial _% Agricultural i �6 % Cleared / Logged _% Other 23. Bank height (from bed to top of bank): 1.5 24. Channel slope down center of stream: _Flat (0 to 2 %) _Gentle (2 to 4 %) A Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: XStraight _Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): qi ), Comments: Evaluator's Signature /� Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET s rIncya P; � . k a sa,,�v•.v .� 5. •�€ .X -•a'�a.d -�l:. il' [i.' . r � �rjmL; `lWIF I l, l ¢;r 1 YCr: r S � 1Cs ::..".. r - v�,°T '-- '� , ; "a ,.� u tt .: Y ' L , n" -a wx u� 0"•i .t j. Cr Ois s GION P II A AI` CO flB� - RN .0O8 IN� 11 GivaEli ' 's s.n Vii' a � * These characteristics are not assessed in coastal streams. ,, a a 3 a a a a ya Preliminary Threatened and Endangered Species Assessment for the Seven Falls Golf and River Club Henderson County, North Carolina September 4, 2007 Prepared for: Seven Falls Golf and River Club Prepared by: ClearWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 (828) 698 -9800 1.0 INTRODUCTION The following report includes the results of the threatened and endangered (T &E) species survey and habitat assessment for the proposed 1,400 -acre Seven Falls Golf and River Club site. The T &E species survey was conducted to determine the occurrence of or the potential for occurrence of federally listed threatened or endangered species on the proposed project site. Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531- 1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12- 22). The project site is located south of US Highway 64 and is bordered by Pleasant Grove Road and Pleasant Grove Church Road in Henderson County, North Carolina (Figure 1 and 2). Elevations at the site range from approximately 2.080 feet to 2,850 feet above mean sea level (MSL). 2.0 METHODOLOGY A protected species survey was conducted in April and May of 2007 on the Seven Falls Golf and River Club project site by Clearwater Environmental Consultants. Inc. to determine the potential for occurrences of listed threatened and endangered species by current federal regulations. Recent database information for listed species was acquired from the US Fish & Wildlife Service (FWS) on February 28, 2007 and the NC Natural Heritage Database on March 6. 2007 concerning the presence or potential occurrence of threatened or endangered species in Henderson County, North Carolina (Appendix A). The FWS lists the following eight federally threatened and endangered species as occurring or potentially occurring in Henderson County. The species listed below were included in the surveys and site assessment. Table 1. Federally listed species for Henderson County, North Carolina Common Name Appalachian elk-toe bog turtle oyster mussel swamp pink small - whorled pogonia bunched arrowhead mountain sweet pitcher plant white irisette Scientific Nance _ Alasmidonata raveneliana Clemmys muhlenbergii Epioblasma capsaeformis Helonias bullata Isotria medeoloides Sagittaria jascicrdata Sarracenia rubra ssp. jonesii Sisyrinchitrm dichotonium Status Endangered T(S /A) Endangered Threatened Threatened Endangered Endangered Endangered 3.0 NATURAL COMMUNITY TYPES During the site visits, two natural community types, as identified in the Classification of Nalural Communities of lVorth Carolina (Third Approximation) were identified on the property: Montane Alluvial Forest and Acidic Cove Forest. In addition to the natural community types listed above, the site also contain red oak - hickory forest, old fields, wetlands. streams, and open water. The. following is a summary of each of the seven habitat types identified on site. A "Natural Communities Map" has been attached for review (Figure 3). A comprehensive list of species observed I included in Appendix B and representative photographs of habitats are attached in Appendix C. 3.1 Montane Alluvial Forest This forest type is situated in stream and river floodplains at moderate to high elevations. They are intermittently flooded and contain alluvial soils. This forest type is located adjacent to the French Broad River on the northern portion of the property. This forest type has an open to dense shrub layer and a sparse to dense herbaceous layer. The canopy is a mixture of bottomland and mesophytic tree species. Dominant tree species on site include green ash (Fra- inus pennsylvanica), sweetgun (Liyuidantbar styracylua), sycamore (Platanus occidenialis), four wing silverbell (Kalesia teiraplera), river birch (Betula nigra), basswood (Tilia americana), American hornbeam (Carpinus caroliniana), and red maple (Aces rubrum). Shrubs observed on site include spicebush (Lindera ben -zoin), sweetshrub (Calycanthus floridus), tag alder (Alnns serrulata), elderberry (Santbucus canaclensis), black willow (Salix nigra), yellow root (.ianthorhhi:a simplicissrrna), giant rivercane (Arundinaria giguntea), and silky dogwood (Corpus canomtnn). Vines observed include Pana, duinguefolia, poison ivy (Toxicodenclron radicans), trumpet creeper (Campsis raclicans), and Japanese honeysuckle (Lonicera japonica). Examples of herbaceous species in this forest type include jewelweed (hnpaliens capensis), tear thumb (Polvgonum sagittattnn), and Halberd leafed violet (Viola hastata). 3.2 Acidic Cove Forest The Acidic Cove Forest community type is located in sheltered areas at low to moderate elevations. They are primarily narrow, rocky gorges, steep ravines, and low gentle ridges within coves. Soils are generally rocky and acidic. On site, this community type is scattered throughout the central and southern portions of the property. They are located adjacent to stream channels and within the stream channels' associated valleys. In general, these areas have a dense forest canopy with a limited number of mesophytic trees. Dominant tree species include white pine (Pinus strobus), Canadian hemlock (Tsuga canadensis), yellow birch (Betula haea), black gum (iVysso sylvatica), red oak (Ottercus rubra), and white oak (Ouercus alba). The shrub layer is well developed and often forms dense thickets. Shrub species characteristic of the Acidic Cove Forest located on site include great rosebay rhododendron (Rhododendron mctrinnrm), mountain laurel (Kalmia lati_folia), dog hobble (Letrcothoe axillaries), American holly (Ilex opaca), and red maple (Ater rubrum). Less common shurb species observed include blueberry (Vcurtnium palhdurn), deerbery (Vaccinium stamineum). and sassafras (Sasscf •as albidtan). The herbaceous layer is generally not well developed in these communities but some common species observed on site include Christmas fern (Polystichum acrostichoicls), galax (Galax apitylla), and Indian cucumber root (Nledeola Wrginiona). 3.3 Red Oak- Hickory Forest The Red Oak - Hickory Forest type is located on dry slopes and ridge tops. On site, this community type is scattered throughout the central and southern portions of the property and it is closely associated with the Acidic Cove Forest. Dominant tree species include Virginia pine (Pines virginiana), white oak (Ouercirs alba), southern red oak (Ouercus f ticata), sweet pignut hickory (Cayra glabra var. odorata), mockernut hickory (Carya tomentosa), and shagbark hickory (Carva ovala). Other trees observed were sournvood (0,ydendron arboreum), black gum (Nyssa syNatica), and yellow poplar (Liriodencb•on tulipfera). Conifers such as red cedar (luniperus virginiana), white pine (Pious strobus), Virginia pine (Pines virginiana), and Canadian hemlock (Tsuga ccmadensis) were observed but rare in this habitat. Species observed in the midstory include sassafras (Sassq i-as albichun), flowering dogwood (Corpus jloricla), and American holly (Ilex opaca). Shrubs observed in this habitat include mountain laurel (Kalmia lcttifolia), great rosebay rhododendron (Rhododendron maximum), huckleberry (Gaylusaccia baccata), American hazelnut (Corylus atnericana), maple leaf viburnum (Viburnum acerifolium), blueberry (Vaccinhiln pallidum) and deerberry (Vaccinium staminewn). Vines such as common greenbriar (Smilax rotundifolia) and saw tooth greenbriar (Smilax bonct -nox) were observed, as well. The herbaceous layer is sparse and patchy. Common species observed in this layer include false Soloman's seal (!lllaianthemmn racenlosa), false yellow foxglove (Aureolario fava), goldenrod (Solidago .spp.), whorled eoreopsis (Coreopsis mcjor), spotted wintergreen (Chimcrphila nutculcttum). woodland sedge (Carex rosea), and panic grasses (Panicion spp.). 3.4 Old Field This is an anthropogenic community that is a direct result of agricultural and dairy fanning practices. On site, this community is located on the north and northwest side of the property. These areas are devoid of a canopy and lack substantial woody vegetation. Plant species identified in this area include pokeberry (Phytolacca americana), blackberry (Rubes spp.), lanceleaf plaintain (Plantago lanceolate), Queen Anne's lace (Daucus carota), dock (Rumex crispus), evening primrose (Oenothera biennis), horsenettle (Solanum americanum), buttercup (Ranunculus spp.), thin leaf mountain mint (Pycnanthenntm tenuifolium), mountain mint (Pycnanthennnn spp.), and butterfly weed (Asclepias tuberosa). Composites observed in the herbaceous layer include alternate leaf wing stem (Verbesina alternifolia), crownbeard (I1erbesina occidentalis), ironweed (Vernonia noveborctcensis), whorled coreopsis (Coreopsis major), beggars ticks (Bidens cernua), fleabane (Erigeron philadelphicus), sunflower (Helianthus spp.), Indian plaintain (Cacalia muhlenbetgii), round leaf eupatorium (Eupatorium 4 rotundifolium), goldenrod (Solidcrgo spp.). and aster (Aster spp.). Grasses observed include corn (Zea nictys), foxtail millet (Setaria italica), barnyard grass (Cc•hinochloa crusgolii), fescue (Fes•tuca spp.), panic grass (Panicum spp.), and velvet grass (Holc•rts lanatus). 3.5 Wetlands Many wetlands are located on site. Each of these areas exhibits the presence of hydric soil and hydrophytic vegetation; and evidence of wetland hydrology and connectivity. The wetlands on this site are composed of emergent marshes and a mixture of stream head seeps. Dominant trees observed were Canadian hemlock (Tsuga canadensis), red maple (Ac•er rubrum), and black willow (Salix nigra). Shrub species observed included Chinese privet (Ligustrum sinense), elderberry (Sambucus canadens•is), silky willow (Salix seric•ea), tag alder (Alms serrulatcr), swamp haw (Viburmrnt nudunt), pepper bush (Clethera actuninala), dog hobble (Leueothoe ccvillaries), and yellow root ((Xcn71horhhiaa simplicissima). Dominant species in the herbaceous layer include micostegium (Aficrostegiunt vinineum), downy lobelia (Lobelia pubera), jewelweed (Impatiens capensis), stinging nettle (Urtica dioco), ironweed (l; ernonia novaeboracensis), and green coneflower (Rudbec•kia lacinata). Grasses and sedges were common and included soft rush (.luncus e.fusus), marginal rush (Juncus marginatus), American bur reed (Sparganimn americanum), shallow sedge (Caret luricla), fringed sedge (Carex crinita), fox tail sedge (Carew vulpinoidea), yellow flatsedge (Cyperus flavescens), straw -color flatsedge (Cvperzrs strigosus), soft stem bulrush (ScirPus validus), and woolgrass bulrush (Sc•ul-nus cvperinus). Ferns observed include cinnamon fern (Osmunda cinnamomea), royal fern (Osmtmda regalis) and netted chain fern (GYoodwardia areolata). 3.6 Perennial Streams Freshwater habitats include the streambeds and banks of Little Willow Creek and Folly Creek, their unnamed tributaries, and unnamed tributaries to the French Broad River. There are approximately 19.25 miles of stream channel within the property boundary. In general, these tributaries flow south to north and eventually into the French Broad River. Streams within the central and southern portion of the property are bordered by mature riparian forest. Stream channels within the northern portion of the property and flowing through the old fields lacking any significant riparian buffer. Stream channels were delineated from November 2006 through January 2007. Three subsequent meetings have been held; two on -site meetings were conducted in March and April and one in- office meeting was conducted in June. The jurisdictional delineation was field verified at the on -site meetings; however, no jurisdictional determination letter has been issued. 5 3.7 Open Water Five impoundments are existing on site. The largest impoundment is known as Gore Lake and is located near the western boundary of the property. This lake impounds an unnamed tributary to Little Willow Creek and is approximately 2.23 acres. Three smaller ponds exist in succession adjacent to Folly Creek. This system impounds 0.41 acres (collectively) of an unnamed tributary to Folly Creek. The fifth pond is located on the east side of the property and impounds 0.09 acres of an unnamed tributary to the French Broad River. There are 2.73 acres of open water on site. 4.0 SOILS The Seven Falls Golf and River Club project site is located within the Mountian physiographic region of North Carolina and more specifically the Broad Basin and Southern Crystalline Ridges and Mountains Ecoregions. Two soil associations are present on site; they are the Codorus - Toxaway- Rosman association and the Evard- Edneyville-Ashe association. The Corodus - Toxaway- Rosman association is classified as nearly level, well drained to very poorly drained soils that have a loamy and sandy subsoil and underlying layer. This association is found on floodplains. The Evard- Edneyville -Ashe association is classified as sloping to very steep, well drained and somewhat excessively drained soils that have a loamy subsoil. This soil association is found on mountain ridgetops and side slopes. Soil series present on site include: Ashe, Bradson, Brevard, Codorus, COmUs, Delanco, Edneyville, Elsinboro, Evard, Hatboro, Hayesville, Porters, Rosman, Suncook, Tate, Toxaway, and Tusquitee. A soils map and legend have been attached for review (Figure 4). 5.0 LISTED SPECIES & ACKNOWLEDGED HABITATS The following is a brief description of each of the eight listed species included in the survey, their recognized habitat, and comments regarding survey results for that species: 5.1 Appalachian Elktoe Federally listed as endangered, this mussel has a thin but not fragile, kidney -shape shell, reaching about 3.2 inches in length, 1.4 inches in height, and 1.0 inch in width. Juveniles generally have a yellowish -brown periostracum while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre is shiny, often white to bluish- white, changing to a salmon, pinkish, Al or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches. Only two populations of the species are known to exist. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake in Macon County and Fontana Reservoir in Swain County. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported in relatively shallow, medium - sized creeks and rivers with cool, well- oxygenated, moderate- to fast - flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy substrates (Department of the Interior 1994). Potential habitat exists on the property, however the unnamed tributaries on -site are not likely to support the Appalachian elktoe. 5.2 Bop- Turtle The southern population of the . -- ---- -- bog turtle, ranging from s t `" +�- S southern Virginia to northern to < �, h, • ` , °1 'a.t i -' � ~g 'mot, `�• Georgia, is protected with a °�' t .A ': ' �'t; °'A f threatened designation because _'►' its physical appearance is similar to the northern population. The southern bog • �� ?� 'Pro• *L f t �1�, b.' {': J r• T- turtle population is separated •� ._ _ from the northern population by approximately 250 miles. `�:v1 <. • �' �� =°' �' I However, individual bog turtles in the southern population closely resemble individuals in r the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the FWS is designating the southern population as "threatened (similarity of appearance) ". This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. Bog turtles are easily distinguished from other turtles by the large, conspicuous bright orange, yellow, or red blotch found on each side of the head. Adult bog turtle shells are 3 to 4 1/2 inches in length and range in color from light brown to ebony. Habitat includes sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. The preferred habitat is narrow, shallow, and slow - moving rivulets. Marginally suitable habitat for this species was found on site but no evidence of the presence of the bog turtle was observed. 7 5.3 Ovster Mussel Federally listed as an endangered species, - - -- - - - -- this mussel inhabits medium -size streams to large rivers on shoals and riffles in . £ ' " course sand /gravel /cobble substrate. It is ; not associated with small stream habitats and does not extend . upstream in tributaries. It prefers water depths of less than three feet and is sometimes found # — associated with water- willow beds. The oyster mussel is a small species, approximately 0.50 — 0.70 em, that exhibits pronounced sexual dimorphism. Shells are yellowish -green with numerous narrow green rays and the nacre is bluish -white to creamy in color. Male shells are elliptical in shape while female shells have a swollen posterior end, which is dark green in color. The species has two lateral teeth in the left valve and one lateral tooth in the right valve. Two small pseudocardinal teeth are present in each valve. Historically, the oyster mussel was one of the most widely distributed Cumberlandian mussel species; the main stem Cumberland and Tennessee Rivers, as well as many tributaries harbored this species. The species has been extirpated from much of its range and only a few populations still exist in Cumberland River tributaries. The small creeks on -site are not suitable habitat for this species. 5.4 Swamp Pink This perennial herb is federally listed as threatened. This species is distinguished by the basal rosette of light green, lance - shaped, and parallel- veined leaves with a hollow- stemmed flower stalk that can grow 8 -35 inches during flowering and up to 5 feet during seed maturation. Flowering occurs March through May, and flowers are clustered (30 -50) at the tip of the stem in a bottlebrush shape. Habitat for this species is found in wetlands that are saturated but not flooded. This habitat includes southern Appalachian bogs and swamps. Swamp pink can also be found in Atlantic white cedar swamps and swampy forests bordering small streams, boggy meadows, and spring seepage areas. This species is commonly associated with some evergreens, including white cedar, pitch pine, American larch, and black spruce. Potential habitat for swamp pink was not observed on site. Impacts to this species are not likely to occur as a result of this project. 8 5.5 Small Whorled Pogonia This plant, Federally listed as an endangered species, occurs on upland sites in mixed- deciduous or mixed - deciduous /coniferous forest that are generally in second or third growth successional stages. Characteristics common to most sites include sparse to moderate ground cover in the species' microhabitat, a relatively open understory, and proximity to features that create long persisting breaks in the forest canopy. Soils at most sites are highly acidic and nutrient poor, with moderately high soil moisture values. Light availability could be a limiting factor for this species. The stem is smooth, hollow, pale green, and 3.7 -9.8 inches tall with a single whorl of 5 to 6 light green elliptical leaves 3 inches long and 1.6 inches wide. A flower is borne at the top of the stem. Flowering occurs mid -May to June. Potential habitat exists on the property; however, the pedestrian survey conducted in April and May did not yield observations. It is the opinion of CEC that this project is not likely to affect this species. 5.6 Bunched Arrowhead This perennial herb is federally endangered. Bunched arrowhead is an emergent aquatic plant with spatulate leaves up to 12 inches long and 3/4 inch wide, and white. 3- petalled flowers in an erect spike. Habitat is within oxbows and seepage areas with very low water flow and no stagnation; soils are sandy loams overlain by 10 -24 inches of muck; some shade is beneficial. Bunched arrowhead is currently found only in Henderson County, North Carolina. Potential habitat exists on the property; however, the pedestrian survey conducted in April and May did not yield any observations. It is the opinion of CEC that this project is not likely to affect this species. 5.7 Mountain Sweet Pitcher Plant This plant is a federally endangered perennial herb which grows from 21 to 73 inches tall. Its numerous and erect leaves grow in clusters and are hollow and trumpet- shaped, forming slender, almost tubular pitchers with a heart- shaped hood. The pitchers are a waxy 9 dull green with criss- crossing maroon - purple veins. The hair inside the pitchers' tube is usually bent downward, and the tubes are often partially filled with liquid and decayed insect parts. Flowers of the mountain sweet pitcher plant are usually maroon with recurving petals. The stalks are erect and bear one flower each. Habitat is restricted to bogs and streamsides along the Blue Ridge Divide. Mountain sweet pitcher plant populations are generally found in level depressions associated with floodplains. A few populations can be found along the sides of waterfalls and on granite rock faces. Herbs and shrubs usually dominate the bogs where these plants are located, but there may be a few scattered trees. The bog soils are deep. poorly- drained combinations of loam, sand, and silt, with a high organic matter and a medium to highly acidic composition. Potential habitat may exist on the property; however, the pedestrian survey conducted in April and May yielded no observation. It is the opinion of CEC that this project is not likely to affect this species. 5.8 White Irisette This perennial herb is federally endangered. White irisette's distinguishing characteristics include growth in a dichotomously- branching pattern; basal leaves that are pale bluish- green; tiny white flowers with reflexed petals in a cluster of 4 -6 at the ends of winged stems; and rounded fruit with 3 -6 seeds. This plant's habitat includes rich, basic soils probably weathered from amphibolite, in clearings and at the edges of upland woods where the canopy is thin and often where down slope runoff has removed much of the deep litter layer ordinarily present on these sites. Potential habitat for white irisette does not exist on the property. This species is only know to occur on the eastern border of the county in the Wildcat Spur, Cliffield Mountain, and White Oak Mountain vicinity. It is the opinion of CEC that this project is not likely to affect this species. 10 6.0 CONCLUSION During completion of threatened and endangered species assessments for the project site, marginally suitable habitats for small whorled pogonia, bunched arrowhead, mountain sweet pitcher plant, and bog turtle were observed. The pedestrian survey for these species did not identify any individuals, despite the presence of potential habitat. As such. the proposed project is not likely to cause an adverse impact to any federally listed threatened or endangered species. Although no federally listed threatened and endangered species were identified during these surveys, because of the transitory nature of some of the listed threatened and endangered species and the particular flower /fruiting periods of some plants, it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. 11 7.0 References Radford, A.E., H.E. Ashles and C.R. Bell. 1964. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press. Chapel Hill. NC. 1 183 pp- Schafale, M.P., and A.S. Weakley. 1990. Classification of the natural communities of North Carolina: third approximation. North Carolina Natural Heritage Program Division of Parks and Recreation. North Carolina Dept. of Environment, Health, and Natural Resources. 325 pp. United States Fish and Wildlife Service Division of Endangered Species. Species accounts at http: / /Nvww.fws.gov /endangered /i /q /saq5b.htmi. flJGf uAL....HC, 1901 11.ay..vo 0 _ H.9.A.. NC � U 1.rJe 1C00 TM • rrC 0 — T. iGlome�c ' 'roject area in Henderson County. even Falls Golf and River Club Henderson County North Carolina CLEARWATM Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828 - 698 -9800 1 USGS TOPO Map Figure 1 �` y A V L "j"g "41 uw... . % L �1' Et �j J J alI, -"J J. 7zc ..... D— b jl 3.1 J J alI, Seven Falls Golf and River Club Henderson County, North Carolina CLEARWATM Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 29791 828-608-9800 LI, Vicinity Map Figure 2 J. 3.1 Seven Falls Golf and River Club Henderson County, North Carolina CLEARWATM Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 29791 828-608-9800 LI, Vicinity Map Figure 2 VIP•� r •tip" - ,,. � - `-u,�'�� ., /•. i;� t�• .�'• � ice! ` -•. y�� r ` . - . \41 Legend ' A . -il:A•V • •�� . ..�'�" - -. { ,�� L ::Ir. ��;.�.-r ~ . r i4i 4'�• .� -000 2J�• .: ♦.� 53 i'3r Herr ess D :a -n tv. No in ^-.3rJ -i9 Seven F3 "5 G�i 3al- Ryer C u3- 1, a ,,w zo;, s0)) djw � � Ma�ral Reewoes Web Ste` Survey 2.J 5'22D07 CLEARWATER Seven Falls Golf and River Club Environmental Consultants. Inc. Soils Map Henderson County 718 Oakland Street Figure 4a North Carolina Hendersonville, NC 28791 828 -698 -9800 :-;A =.i � Ca, I -in- MAPLEGEND Alw Y-� + Seven Falls Golf and River Club Henderson County North Carolina e; k, rrA, F-9 CLEARWATER Environmental Consultants. Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 MAP INFORMATION 7-i? Finn - ,nice'_ :,-3J nn•, ciffe"s fT37. :r.• naria Ts,� Dil Soils Map Figure 4b r Map Unit Legend Map Unit Symbol AnF E:ZF =..F III Ha HrC HYz- Henderson County, North Carolina (NC089) Map Unit Name Acres in A01 A H ne s n r. ,,.- i -.) B 5 i 25 vo :-e E .15 7,j so:)e 63 '! ?06 3 n, e '0 •37r, 7 7 tJ 75 e 's bar:,. ?5:0 25 er); co-- 's 1C:):I-E'= kl'i' BB-':V J 3r, 5 Ej 25 ts -.1 3TT, 7 5 2", H.:j,e=,rj:!e 7.*-:, =Jon H.,- 5 :0 25 Jere ? -: ? '03 25 !:) -IS _an= !S�Iqrro-ei Seven Falls Golf and River Club Henderson County North Carolina CLEARWATER Environmental Consultants. Inc. 718 Oallanl S,,co, Hendersonville. NC 28791 828-698-9800 7.4 7 511.il 7 -,2 SSI IA M Percent of ACI .7: Soils Map Figure 4c Map Unit Symbol Z5 ,cc :UM F Henderson County, North Carolina (NCO89) Map Unit Name Acres in ACI Tal, ir, P s ar,= 1:) a—_. 7 1:) 21, ,,A V; )A " S. Percent of A01 CLEARWATER Seven Falls Golf and River Club Environmental Consultants, Inc. Soils Map Henderson County 718 Oakland Street Figure 4d North Carolina Hendersonville, NC 28791 1 828-698-9800. Appendix A Agency Correspondence 'A RCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 6, 2007 Mr. R. Clement Riddle C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Subject: Approximately 1,400 -acre Site — Horseshoe quad, Henderson County Dear Mr. Riddle: William G. Ross Jr., Secretary The Natural Heritage Program has no record of rare species, significant natural communities, or significant natural heritage areas at the site nor within 1/2 -mile of the project area. Although our maps do not show records of such natural heritage elements in the project area, it does not necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area contains suitable habitat for rare species, significant natural communities, or priority natural areas. You may wish to check the'Nantral Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user-is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <<vww.nconemap.com /data.html >, or email NC OneMap at <dataq @tcmail.net >. Please do not hesitate to contact me at 919- 715 -8697 if you have questions or need further information. Also, please note our current address (1601 MSC and 27699 - 1601). The 1615 address and zio code is for the Division of Parks and Recreation: we are no long=er within this division. Sincerely, Hah-Y-E. L'eGrand, Jr.',. Zoologist{ Natural Heritage Program 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 NorthCaloa' a Phone: 919- 733 -49841 FAX: 919 -715 -30601 Internet: www.enr.state.nc.us1ENR/ An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 110 °% Post Consumer Paper l gNT OF T/r o�QPP �; RyT ,4 9 H O � a 4RCH 7 �8 United States Department of the Interior r FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 February 28, 2007 Mr. R. Clement Riddle, Principal C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, North Carolina 28791 Dear Mr. Riddle: Subject: Assessment for 1,400 -Acre Site Located on Pleasant Grove Road, West of Hendersonville, Henderson County, North Carolina In your letter of February 5, 2007, you requested our comments on the subject project. We have reviewed the information you presented and are providing the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 -1543) (Act). Project Description - Your letter does not include a description of the project or any potential impacts. Based on the information available through Henderson County's GIs web site and our knowledge of the project area, the site consists primarily of open and overgrown fields interspersed with forested areas. The site contains multiple streams, including Willow Creek, Folly Creek, and multiple unnamed tributaries to Willow and Folly Creeks. Also, according to the National Wetlands Inventory map, the site contains several areas of wetlands. Endangered Species. You do not present evidence of any surveys of the project area for federally listed species known from Henderson County. Unless an area has been specifically surveyed for listed species or no appropriate habitat exists, a survey should be conducted to ensure that these resources are not inadvertently lost. Adjacent to the project area we have records of the following species: two federally endangered plants -- mountain sweet pitcher plant (Sarracenia jonesii) and bunched arrowhead (Sagittaria fasciculata)- -the bog turtle (Clentmys muhlenbergii), which is currently listed as threatened due to similarity of appearance, and several federal species of concern, including the French Broad heartleaf (Hexastylis rhombifonnis), green salamander (Aneides aeneus), and French Broad crayfish (Cambarus reburrus). Enclosed is a list of federally endangered and threatened species and federal species of concern for Henderson County. In accordance with the Act, it is the responsibility of the appropriate federal agency or its designated representative to review its activities or programs and to identify any such activities or programs that may affect endangered or threatened species or their habitats. If it is determined that the proposed activity may adversely affect any species federally listed as endangered or threatened, formal consultation with this office must be initiated. Please note that federal species of concern are not legally protected under the Act and are not subject to any of its provisions, including section 7, unless they are formally proposed or listed as endangered or threatened. We are including these species in our response to give you advance notification and to request your assistance in protecting them. We also recommend that you contact Ms. Linda Pearsall, Director of the North Carolina Natural Heritage Program, for further information about North Carolina's rare species and/or unique and rare habitat types located in the subject project area. Her mailing address is Natural Heritage Program, North Carolina Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, North Carolina 27699 -1601. Erosion Control and Wetland /Stream Protection. Based on the information you provided, the project area contains several streams (the project area should also be surveyed for wetlands). Given the proximity of the project to these streams (and possibly wetlands), we are concerned about the potential direct, indirect, and cumulative impacts that this project may have on aquatic resources. It is important that you minimize or avoid impacts to the aquatic, resources located on the property. The treatment of storm water leaving the project area is a concern. The expansion of urban/suburban areas creates more impervious surfaces (such as roofs, roads, and parking lots), which collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them to receiving waters. According to the Environmental Protection Agency, this nonpoint - source pollution is one of the major threats to water quality in the United States and is linked to chronic and acute illnesses from exposure through drinking water and contact recreation. Best management practices can reduce, but not eliminate, pollutant loadings of common storm -water pollutants. Designs that collect runoff and allow it to infiltrate the soil have the highest documented pollutant- removal efficiency, eliminating nearly all lead, zinc, and solids [ "Section 4(e) of the [Endangered Species) Act authorizes the treatment of a species (subspecies or population segment) as endangered or threatened even though it is not otherwise listed as endangered or threatened if: (a) The species so closely resembles in appearance an endangered or threatened species that enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species; (b) the effect of this substantial difficulty is an additional threat to an endangered or threatened species; and (c) such treatment of an unlisted species will substantially facilitate the enforcement and further the policy of the Act" (Federal Register, November 4, 1997). The southern population of the bog turtle is listed as T(S /A) (threatened due to similarity of appearance) because it is similar to the northern population of the bog turtle, which is federally listed as threatened but does not occur in North Carolina. 2 and more than 50 percent of total phosphorous. Ponds and wetlands, which allow contaminants to settle out of the water column or be broken down by sunlight and biological activity, can remove more than 70 percent of bacteria. The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" that we support and encourage you to use. It can be accessed via the Internet as follows: http: / /www. n cwildlife. orglpg07_Wil dl ifespeciescon 1pg7c3_impacts.pdf. We offer the following recommendations to help address the direct, indirect, and cumulative impacts that may be associated with this project and to help minimize impacts to fish and wildlife resources:' Use grassed swales in place of curb and gutter and on -site storm -water management (i.e., bioretention areas) that will result in no net change in the hydrology of the watershed. All storm -water outlets should drain through a vegetated upland area prior to reaching any stream or wetland area. Sufficient retention designs should be implemented to allow for the slow discharge of storm water, attenuating the potential adverse effects of storm -water surges; thermal spikes; and sediment, nutrient, and chemical discharges. 2. Discourage the in -fill of 100 -year floodplains for development. The Henderson County GIS web site indicates that the middle portion of the property along Willow Creek is within the 100 -year floodplain. Development in the floodplain increases the potential for flooding adjacent properties and interferes with the natural hydrological process of the waterways. It also disrupts the continuity of migration corridors for wildlife. Additionally, allowing fill in the floodplain will alter the volume of water the floodplain will hold, thus altering the extent of the floodplain. Any floodplain fill will necessitate recalculating and redrawing the 100 -year floodplain. This, undoubtedly, will: (a) lead to a floodplain that contains property and facilities that once were not in the floodplain, (b) cause flooding in new areas, and (c) have negative impacts on fish and wildlife resources. Instead, we recommend that developers set aside a portion of the land to be developed as green space and concentrate these areas along the streams and rivers. Due to the negative impacts associated with developed floodplains and due to the requirement (Executive Order 11988) that federal agencies consider and protect floodplain functions, we do not believe any portion of this project should be constructed in the 100 -year floodplain. Preserve and/or restore forested riparian buffers. Given the close proximity of this project to aquatic resources and the increased amount of impervious surface that will occur as a result of the development, we are concerned about the loss and lack of riparian buffers. Forested riparian buffers, a minimum of 100 feet wide along perennial streams and 50 feet wide along intermittent streams, should be created and/or maintained along all aquatic areas. Riparian buffers provide travel 3 corridors and habitat for wildlife displaced by development. In addition, riparian buffers protect water quality by stabilizing stream banks, filtering storm -water runoff, and providing habitat for aquatic and fisheries resources. 4. Install and maintain stringent measures to control erosion and sediment in order to prevent unnecessary impacts to aquatic resources within and downstream of the project site. Disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue -based mixtures should be avoided. Native annual small grains appropriate for the season are preferred and recommended. Perimeter erosion - control devices should be installed prior to any on- the - ground activities. Frequent maintenance of these devices is critical to their proper function in order to minimize sediment discharge from the project site. Use bridges for all permanent roadway crossings of streams and associated wetlands because they minimize impacts to aquatic resources, allow for the movement of aquatic organisms, and eliminate the need to fill and install culverts. All stream crossings should be made perpendicular to the stream. If culverts are the only option, we suggest using bottomless culverts. Bottomless culverts do not need to be buried, thereby minimizing the adverse impacts to streams. Any type of culvert that is used should be designed to allow for the passage of fish and other aquatic life. The culvert should be sized to accommodate the movement of debris and bed material within a channel during a bank -full event. We recommend the use of multiple barrels (other than the base -flow barrel), placed on or near stream bank -full or floodplain bench elevation in order to accommodate floodwaters within the stream corridor. These should be reconnected to floodplain benches as appropriate. This may be accomplished by using sills on the upstream end to restrict or divert flow to the base -flow barrel(s). Sufficient water depth should be maintained in the base -flow barrel during low flows to accommodate fish movement. If the culvert is longer than 40 linear feet, alternating or notched baffles should be installed in a manner that mimics the existing stream pattem. This should enhance the passage of aquatic life by: (a) depositing sediment in the -barrel, (b) maintaining channel depth and flow regimes, and (c) providing resting places for fish and other aquatic organisms. 6. Install utility lines (i.e., sewer, gas, water) outside the above - recommended buffer widths. All utility crossings should be kept to a minimum, and all utility infrastructure should be kept out of riparian buffer areas. The directional bore stream- crossing method (installation of utilities beneath the riverbed, avoiding impacts to the stream and buffer) should be used for utility crossings. Manholes or similar access structures should not be allowed within buffer areas. Stream crossings should be near perpendicular to stream flow and should be monitored at least every 3 months for maintenance needs during the first 24 months of the project and annually thereafter. Sewer lines associated with crossing areas should be maintained and operated at all times to prevent discharges to land or surface 4 waters. In circumstances where minimum setbacks cannot be attained, sewer lines shall be constructed of ductile iron or a substance of equal durability. 7. Keep equipment out of streams by operating from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be inspected daily and should be maintained to prevent the contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic materials should be stored outside the riparian management area of the stream, in a location where the material can be contained. Equipment should be checked for leaks of hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any stream. Also, all fueling operations should be accomplished outside the riparian management area. At this stage of project development and without more specifics about construction locations or techniques, it is difficult for us to assess potential environmental impacts (direct, indirect, and cumulative). We therefore recommend that any environmental document prepared for this project include the following (if applicable): 1. A complete analysis and comparison of the available alternatives (the build and no -build alternatives). 2. An assessment of any development that will impact the middle section of the property along Willow Creek that lies within the 100 -year floodplain. Executive Order 11988 requires federal agencies (or there designated nonfederal representative) to consider and protect floodplain functions. We believe the recent examples of flooding in North Carolina highlight the importance of avoiding direct and indirect impacts associated with the occupancy and modification of floodplains. Any development that will impact the floodplain will need to be assessed. 3. A description of the fishery and wildlife resources within existing and required additional rights -of -way and any areas, such as borrow areas, that may be affected directly or indirectly by the proposed project. 4. The acreage and a description of the wetlands that will be filled as a result of the proposed project. Wetlands affected by the proposed project should be mapped in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. We recommend contacting the U.S. Army Corps of Engineers (Corps) to determine the need for a Section 404 Clean Water Act permit. Avoiding and minimizing wetland impacts is a part of the Corps' permitting process, and we will consider other potential alternatives in the review of any permits. 5. The extent (linear feet as well as discharge) of any water courses that will be impacted as a result of the proposed project. A description of any streams should include the classification (Rosgen 1995, 1996) and a description of the biotic resources. 6. The acreage .of upland habitat, by cover type, that will be eliminated because of the proposed project. 7. A description of all expected secondary and cumulative environmental impacts associated with this proposed work. The assessment should specify the extent and type of development proposed for the project area once the work is complete and how future growth will be maintained and supported with regard to sewer lines, water lines, parking areas, and any proposed roadways. 8. A discussion about the extent to which the project will result in the loss, degradation, or fragmentation of wildlife habitat from direct construction impacts and from secondary development impacts. 9. Mitigation measures that will be employed to avoid, eliminate, reduce, or compensate for habitat value losses (wetland, riverine, and upland) associated with any phase of the proposed project. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258 -3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4 -2 -07 -115. Enclosure Sincerely, Brian P. Cole Field Supervisor 0 The U.S. Fish and Wildlife Service's (USFWS) County Species List for North Carolina Following is a list of counties in North Carolina within which federally listed and proposed endangered, threatened, and candidate species and federal species of concern are either known or are considered probable (but not yet documented). It has been compiled by the USFWS from a variety of sources, including field surveys, museums and herbaria, literature, and personal communications. This list contains information that is also found in the North Carolina Natural Heritage Program's ( NCNHP) database of rare species information. However, the list is likely to include additional information that is not reflected in the NCNHP database. This list is intended to assist those conducting surveys in proposed project areas, but it is not intended to serve as a substitute for field surveys. The list is subject to change as new information is received. For the most current version, please consult the website for the USFWS North Carolina Ecological Services Division at http: / /nc- esfws.gov /es/. ... «t v...! _. �.?. ;,z..c'..M �«, kxx .�� _ '.XA. ...i3.n.... - a.��.ss,,sr «; .c..'::1 .i.: .:.t>Ne i:.l •: )then notes: Critical habitat is noted for the counties where it is designated or proposed. This notation is either accompanied by a description of the approximate areas affected by this designation, or a Federal Register citation where a more detailed description of the boundaries can be found. Sea turtles our in North Carolina's coastal waters and nest along its beaches. They are listed here in the counties where they are known to nest. The USFWS has jurisdiction over sea turtles in terrestrial systems; the National Marine Fisheries Service (NMFS) has authority over sea turtles in coastal waters. Manatees occur throughout North Carolina's coastal waters, and they are listed here in the counties where there are known concentrations of them. The USFWS has jurisdiction over manatees. COMMON NAME SCIENTIFIC NAME STATUS Henderson County Species Vertebrate Bog turtle Clemmys muhlenbergii T (S /A) Eastern small- footed bat Myotis leibii FSC Green salamander Aneides aeneus FSC Hellbender Cryptobranchus alleganiensis FSC Mountain blotched chub ** Erimystax insignis eristig►na FSC Pygmy salamander Desmognathus wrighti FSC Southern Appalachian eastern woodrat Neotoma foridana haematoreia FSC Yellow - bellied sapsucker (Southern Sphyrapicus varies appalachiensis FSC Appalachian population) Invertebrate Appalachian elktoe Alasmidonta raveneliana E Diana fritillary (butterfly) Speyeria diana FSC French Broad crayfish ** Cambarus reburrus FSC Oyster mussel * * ** Epioblasma capsaeformis E Tennessee heelsplitter Lasmigona holslonia FSC Vascular Plant Blue Ridge Ragwort * Packera millefolium FSC Bog asphodel * Narthecium americanum C Bunched arrowhead Sagittaria fasciculata E Butternut Juglans cinerea FSC Fort Mountain sedge Carex communis var. aniplisquanta FSC Fraser's loosestrife ** Lysimachia fi-aseri FSC French Broad heartleaf Hexastylis rhombiforntis FSC Gray's lily * Lilium grayi FSC Large- flowered barbara's- buttons * Marshallia grandijlora FSC Mountain catchfly Silene ovata FSC Mountain heartleaf Hexastylis contracta FSC Mountain sweet pitcherplant Sarracenia rubra ssp. jonesii E New Jersey rush Juntas caesariensis FSC Small whorled pogonia Isotria medeoloides T Swamp pink Helonias bullata T Sweet pinesap ** Monotropsis odorata FSC White fringless orchid * Platanthera integrilabia C White irisette Sisyrinchium dichotomunt E KEY: Definitions of Species Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "Cl" candidate species.) 2 7SC = federal species of concern. A a species that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). T(S /A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is therefore listed for its protection. Taxa listed as T(S /A) are not biologically endangered or threatened and are not subject to Section 7 consultation. EXP = experimental population. A taxon whose is listed as experimental (either essential or nonessential). Experimental, nonessential endangered species (e.g., red wolf) are treated as threatened on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT ", respectively. Threatened due to similarity of appearance (T(S /A)): In the November 4, 1997, Federal Register (55822 - 55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S /A) (threatened due to similarity of appearance). The T(S /A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S /A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S /A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. 9enotation of county records: % A percent symbol ( %) indicates that the species is regarded as probable but as of yet undocumented in this county due to the presence of potentially suitable habitat and/or the proximity of confirmed observations of the species in adjacent counties. (S) Summer habitat (Indiana bat county records only) * Historic record - the species was last observed in the county more than 50 years ago. ** Obscure record - the date and/or location of observation is uncertain. * ** Incidental/migrant record - the species was observed outside of its normal range or habitat. * * ** Historic and obscure record. * * * ** Obscure and incidental record. 3 Appendix B Species List Acer negundo Acer pensylvanicum Acer rubrum Adianatin pedatum Aesculus(lava Allium vineale Alnus serrulata, Ambrosia trifida Amelancheir arborea Aniennaria plataginea Anihoaanthum odorattnn Apocynum cannabinum Aralia nudicanlis Aristolochia macrophylla Aronia arbutifolia Arundinaria gigantea Asclepias tuberosa Asplenium montamun Asplenitnn platyneuron Aster nova- angliae Alhyrilini felix -lemma Berberis thunbergii Betula allegheniensis Belula nigra Bidens tripartata Bohmeria cylindricala Botrychicon virginianccrn Calycanthus floridus Campsis radicans Carclamine pensylvanicum Carex l irricia Carex rosea Carpinus caroliniana Carya glabra Carya lacinata Carya ovata Carya tomentosa Castanea dentatum Celas7rus orbiculatzts Chelone sp. Cicorum intybus Chnicifirra racemoso Clematis virginiana Clethera acauninata Collinsonia canadenis Coreopsis major var. rigida Cornus alternifolia Corm is amomunr Corn►ts jlorida Corylits americans Cratageus phaenopyrum Cyperus. lavescens Cyperus slrigosus Demrstaedtia punctilobula Dentaria diphylla Dryopteris intennedia Dryopteris marginalis Echinochloa cr•usgalii Eleagnus umbellate Eleusine indica Erigeron philadelphicus Euonymous alatus Euonymous americanus Eupatorium sp. Fagus grandifolia Festuca sp. Froxinus pennsylvanicum Halesia caroliniana Hamamelis virginiana Hedera helix Hepatica acutilobula Hexastylus arifolia var. arifolia Hexastylus heterophylla Hieracium venosran Holcus lanatus Houstonia purpurea Hydrangea arborescens Hypericum perforatum Hypericum punctatum Ilex opaca Iles verticillata Impatiens capensis Juglans nigra Juncus effrtsus Juncus marginalis Juniperus virginiana Kalmia latifolia Laportea canadensis Lespede_a bicolor Lespede.:a ccuneata Leucothoe recurva Ligustrumn sinense Lindera beiroin Liriodendron tulipjera Lobelia pubera Lonoicera japonica Lando echinata Lycopodium digitatittm Lycopodium lucidulum Lycopodiinn ob.scurtnn Lycopus sp. Lygodium palmattun Magnolia actuninata Magnol ia. f►•aseri Marchantia sp. Medeola virginiana Alficrostegium vitnineum Allitchella repens Monarda clinopoda Monarda didyma Nyssa sylvatica Osmunda cinnamomea Osmunda claytonii Osmunda regalis Ostyra virginiana Oxalis stricta Otydendrum arboreum Oayopol is rigidor Panicum sp. Peltandra aguatica Physocarpos opulifoius Phytolacca americana Pinus strobus Pinus virginiana Plantago lanceolata Plantago major Platanus occidentalis Pon pratensis Polygonatum bijlortun Polygonum sagittatu►n Polypodium virginianum Polystichtt►n acrostichoides Primus pensylvanica Pteridium aguilinium Pycnanthemum montantun Pvcnantheinum sp. Pycnanthemum tenufoliu►n Querctts alba O_ ttercus coccinea O_uercus marilandica O_ uercus montana O_ uercus rubra O_uercus velutina Ranttnctrhts sp. Rhododendron maxinnun Rhus glabra Rhus ryphina Rhvncosphora capitellata Robinia psendoacacia Rosa nurltiflora Rosa palustris Rubus occidentalis Rubus phoenicolasius Rubus sp. kudbeckia hirta Rudbeckia lacinala Ruinex crispus Salix nigra Salix sericea Salvia lyrata Samhttcus canadensis Sassafras albidtun Saxifrage tnicranthidifolia Scir pus cyperinus Scirpus validus Selaginella apodc► Setar►a ttaltca Smilacina racemosa Smiler bona -nox Smilax glauca Smilax laurifolia Smilax rotundfolia Solanttnt americanum Solidago spp. Sparganium americanttm Spiraea tomentosa Taraxacum officinale Tilia americans Tipularia discolor Toxicodendron radicans Trillium sp. Triodanis perfoliata Tsuga canadensis Typha latifolia Typhus lalifolia Vaccinium arborewn Vaccinirnn pollichun Vaccinium slamineum Verbesina alternifolia Viburnum acerifoliu►n Viburnum nudism Viola blanda Viola sp. Vitis sp. Woodtiaardia virginica A'anthhorhiaa simphissima Zea mays Appendix C (Photographs) 'hoto 1. Upland acidic cove community. Photo 2. Red oak hickory community. Photo 3. Typical emergent marsh wetland in montane alluvial habitat. Photo 4. Typical emergent wetland in montane alluvial habitat. ,rte' r = #,l ��.,, ,�- �.�f[•' � �i�Y �''�+�. A ` +9�• /..° ` i •/J of .. ! °III If `�� / �.„ -• /'• - If-�•, � . R op lk r f ' ww • tiG . Photo 9. Typical old field upland habitat showing various stages of succession. Photo 10. Typical old field habitat showing third year succession. Prepared for: Clearwater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Prepared by: Gerald R. Dinkins Dinkins Biological Consulting 3716 West Beaver Creek Drive Powell, TN 37849 May 2008 DBC Project 1150 SECTION 1 INTRODUCTION For this contract, Dinkins Biological Consulting (DBC) surveyed the French Broad River for native freshwater mussels in the vicinity of the Seven Falls Golf and River Club (Seven Falls Development) near the community of Blantyre. In this reach, the French Broad River is a medium -size river, and has a drainage area of approximately 300 square miles. Elevation of the river channel is 2060 feet above sea level. Based on 87 years of data accumulated by the U.S. Geological Survey, the French Broad River in mid -April has a median daily discharge of 1 100 cubic feet per second (cfs). According to the U.S. Fish and Wildlife Service, the Appalachian Elktoe (Alasmidonta raveneliana) has been found in the French Broad River system upstream and downstream of the Seven Falls Development (John Fridell, personal communication). The Appalachian Elktoe was federally listed as endangered on -23 November 1994. The Appalachian Elktoe is currently restricted to the tributaries of the Tennessee River in East Tennessee and western North Carolina. in 2002, the U.S. Fish and Wildlife Service designated approximately 144 river miles in the following locations as critical habitat for the Appalachian Elktoe: • Little Tennessee River in Swain and Macon Counties, North Carolina; • Tuckasegee River in Jackson and Swain Counties, North Carolina; • Cheoah River in Graham County, North Carolina; • Little River in Transylvania County, North Carolina; • West Fork Pigeon River and the Pigeon River in Haywood County, North Carolina; • South Toe River and Cane River in Yancey County, North Carolina; • North Toe River and Toe River in Yancey and Mitchell Counties, North Carolina; and • Nolichucky River in Yancey and Mitchell Counties, North Carolina, and Unicoi County, Tennessee. The complete historic range of the species is unknown, but available information indicates that it once had a fairly wide distribution throughout the Upper Tennessee River system in western North Carolina. In Tennessee the species is known only from its present range in the mainstem of the Nolichucky River. The species has been reported from relatively shallow medium -sized creeks and rivers with cool, well- oxygenated, and moderate- to fast - flowing water. It has been observed in gravelly substrata, often mixed with cobble and boulders; in cracks in bedrock; and occasionally in relatively silt -free, coarse, sandy substrata (Parmalee and Bogan, 1998; Bogan 2002). Water quality and habitat degradation resulting from impoundments, stream channelization projects, and point and nonpoint sources of siltation and other pollutants appear to be major factors in reducing the species' distribution and reproductive capacity. 1 -1 SECTION 2 METHODS The French Broad River adjacent to the Seven Falls Development was surveyed for native freshwater mussels on 15, 16, and 17 April 2008 by Gerald R. Dinkins and Steve A. Ahlstedt. During the course of the survey, the French Broad River at Blantyre, located approximately five river miles upstream of the Seven Falls Development, averaged approximately 700 cubic feet/second (cfs), well below the average flow for this time period based on 87 years of data accumulated by the U.S. Geological Survey. In the study reach at the Seven Falls Development, underwater visibility was excellent, and was estimated to range from five to eight feet. Water temperatures were cool, and ranged between 48 and 54 degrees Fahrenheit. Ambient mid -day air temperatures during the survey were in the upper 70's (Fahrenheit), and the weather was clear. Depths in the center of the channel ranged from five to 12 feet, and in the shallower habitats the current was moderate. Numerous dead trees had fallen into the edge of the river along both banks, and the right descending bank was significantly eroding. The channel ranged from 80 to 90 ft wide, and the wetted width ranged from 70 to 90 ft. To survey for the Appalachian Elktoe, the reach of the French Broad River adjacent to the Seven Falls Development was divided into three contiguous reaches and examined separately. In each of the three reaches, the survey team began at the upstream end of the reach and worked their way downstream, carefully examining the substrate and turning over large flat cobbles and small boulders in search of live and dead native mussels. The center of the channel was investigated using SCUBA, while the shallower, near -shore areas were investigated using skin diving equipment. In all, approximately 24 man-hours were spent in the river in search of live and dead native mussels. The streamside riparian zone along the right descending bank had recently been disturbed by construction activities associated with the Seven Falls Development. There was a narrow fringe of large deciduous trees lining the bank, and most of the bank slope had minimal riparian vegetation. The left descending bank was equally steep, but the riparian zone was relatively intact. Table 2 -1 presents a summary of habitat in the survey reach. This work was conducted under the authority of Federal Fish and Wildlife Permit TEO69754 -2 and North Carolina Wildlife Resources Commission Permit Number 2008 ES 229 issued to Gerald R. Dinkins. 2 -1 Table 2 -1 General habitat data for French Broad River at Seven Falls Golf and River Club, Henderson County, North Carolina (15 -17 April 2008) 2 -2 French Broad River _ = `s Upper Middle Lower 3 . ... Riffle Run Habitats Pool X X X Margin Slackwater Flow Conditions Normal Normal Normal Current Velocity Moderate Moderate Moderate Channel Morphology Natural Natural Natural Bank Erosion Severe Severe Moderate Physical I Riffle Development None None None Characteristics I Riffle Quality Not applicable Not applicable Not applicable , Embedded Moderately Moderately Moderately !; Clarity Clear Clear Clear Color None None None Canopy Fringing Fringing Fringing i Building/roads Active disturbance X X X Maintained lawn Predominant I Wetland Land Use Forest , Shrub Open Pasture X X X I Residential/Park Large Trees X X X Small Trees Riparian Shrubs Vegetation Grass/Weeds X X X Undercut Banks Grass Shallows Sloping silt bank X X X Rip /Rap i Margin Habitats I Root Mats I Water Willow Rock Ledge Margin Quality Poor Poor Poor 2 -2 SECTION 3 SUMMARY OF RESULTS No live or dead native mussels were found in the survey for the Appalachian Elktoe in the French Broad River adjacent to the Seven Falls Development. Two small, incomplete shell fragments representing an unidentifiable native species were found in the upstream reach, and in the middle reach, a partially complete relic specimen of the Creeper (Strophitus undulatus) was found inserted into the substrate, giving the appearance that it had died in place. In general, the river channel adjacent to Seven Falls Development has been significantly affected by sedimentation from upstream sources, and a heavy bed load of coarse, shifting sand was found in all depositional areas and even in many erosional habitats. There were several places in the center of the channel where unembedded cobble, gravel, and fine sand dominated the substrate, but careful searches of these habitats failed to reveal any native mussel species. Asian clams (Corbicula fluminea), an exotic bivalve introduced into the United States sometime during or before the 1920's, were found to be common throughout the study area, especially along the channel margins. Numerous submerged and exposed muskrat middens were found along both shorelines, especially the right descending shoreline, and each was carefully examined for the remains of native mussels. However, all were found to contain only Asian clams. The most promising habitat that appeared capable of supporting the Appalachian Elktoe occurred just downstream of the Seven Falls Development, in the vicinity of the Etowah School Road Bridge. Around the bridge, the substrate consisted of clean swept gravel and cobble, mixed with fine sand. Numerous small, flat boulders were lifted in order to search underneath for live and dead mussels, but none were found. A map of the survey area is presented in Appendix A. Appendix B provides the flow charts from the USGS real -time water resources webpage for the French Broad River at Blantyre, North Carolina. Photographs of the river adjacent to the Seven Falls Development are provided in Appendix C. A copy of the federal and state permits issued to Gerald R. Dinkins is provided in Appendix D. 3 -1 SECTION 4 REFERENCES Bogan, A. E. 2002. Workbook and key to the freshwater bivalves of North Carolina. North Carolina Museum of Natural Sciences, Raleigh. 101 pp, 10 color plates. Parmalee, Paul W. and Arthur E. Bogan. 1998. The freshwater mussels of Tennessee. University of Tennessee Press, Knoxville. 328 pp. Strayer, David L. and Kurt J. Jirka. 1997. The pearly mussels of New York State. New York State Education Department. 113 pp. 27 color plates. U.S. Geological Survey. USGS 03443000 French Broad River at Blantyre, NC. Water Resources Real -tune flow data. 4 -1 APPENDIX A SURVEY LOCATION MAP Figure 1 Survey Reach on French Broad River at Seven Falb Golf and River Club, Henderson County, North Carolina Horse Sboe, NC USGS Quadrangles DEC Project Number 1150 Dinkins Biological Consulting y IMINOW 3716 West Beaver Creek Drive Powell TN 37849 0 800 1600 2400 3200 4000 FLOW INFORMATION FOR THE FRENCH[ BROAD RIMER, HENDERSON COUNTY, NORTH CAROLINA I lil.ld.11 illll. 4i IIYLI .• � I�,I: I.i'Ibi II �� I�'•I "� USGS Home Contact USGS Search USGS National Water Information System: Web Interface Data Category: Geographic Area: USGS Water Resources Real -time United States New! Subscribe to NWISWeb notifications USGS 03443000 FRENCH BROAD RIVER AT BLANTYREINC 11�1;jjpi�jq F-1 Available data for this site Time- series: Real -time data GO This station is operated in cooperation with the North Carolina Department of Environment and Natural Resources. Available Parameters Output format Days ❑ All 2 Available Parameters for this site Graph 5 ❑ 00060 Discharge Graph w/ stats (1 -31) GO ® 00065 Gage height Graph w/o scats Table Tab - separated Summary of all available data for this site Discharge,, cubic feet per second Most recent instantaneous value: 695 04 -17 -2008 17:30 GO http : / /waterdata.usgs.gov /nwis /uv ?03443000 4/17/2008 USGS 83443800 FRENCH BROAD RIVER AT BLANTYRE, NC 8.00 7.a® 41 4) m IN [.B® •M m do A 605 Apr 16 Apr 11 Apr 12 Apr 13 Apr 14 Apr 15 Apr 16 Apr 17 - - -- Provisional Data Subject to Revision - - -- Create presentation- auality graph Parameter 00065; DD 03 ®uestions about sites/data? Top Feedback on this web site Ex0anation of terms Subscribe to NWISWeb notifications Automated retrievals Accessibility FOIA Privacy Policies and Notices U.S. Department of the Interior I U.S. Geoloaica{ Survey Title: USGS Real -Tame Water Data for the Nation URL: http : / /waterdata.usgs.gov /nwis /uv? Page Contact Information: NWISWeb Suonort Team Page Last Modified: 2008 -04 -17 18 :35:12 EDT 1.81 1.82 ca05 gov TAKV F PlOt http : / /waterdata.usgs.gov /nwis/uv ?03443000 4/17/2008 APPENDIX C PHOTOGRAPHS QP THE SURVEY REACH NAIL D I er� r tY' • "�� ;,.:-" '.'i :,S fir= a ;. �c "f , Iil •i, r .f er� r tY' • "�� ;,.:-" '.'i :,S fir= a ;. �c "f , APPENDIX D STATE AND FEDERAL, PERMITS I 2. AUTHORITY - STATUTES ENDANGERED N.C.G.S. 113 -331 THRU NOgTN SPECIES PERMIT ° °�°`�" 113 -337 RESOURCES REGULATIONS rth Carolina Wildlife Resources Commission i,division of Wildlife Management 15A N.C.A.C. 101.0001 MSC 1724 Tele: (919) 707 -0060 Raleigh, NC 27699 -1724 FAX: (919) 707 -0067 THRU .0005 I 1. PERMITTEE 3. PERMIT NUMBER 2008 ES 229 ® Gerald Dinkins 4. RENEWABLE 5. MAY COPY 3716 West Beaver Creek Drive ® YES ® YES Powell, TN 37849 biodink @frontiernet.net ❑ NO ❑ NO & EFFECTIVE 7. EXPIRES 0 TELE: (865) 938 -7739 FAX: (865) 938 -5081 02/15/2008 12/31/2008 S. NAME AND TITLE OF PRINCIPAL OFFICER (If #1 is i business) 9. TYPE OF PERMIT ® • Survey, Collection 10. SPECIES AUTHORIZED: ® Freshwater mussels, and fish, including State and Federally listed endangered, threatened, and special concern species 11. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED: ® Interior Basins (Western slope river basins) including Pigeon River 1. CONDITIONS AND AUTHORIZATIONS: A. Authorized to conduct in- stream surveys for freshwater mussel species as a designated agent of the NC Wildlife Resources Commission. All live specimens must be returned to the site of collection immediately following data collection. 1. A representative collection of dead shells will be kept and archived at the University of Tennessee's freshwater mussel collection at the Frank H. McClung Museum. Where possible duplicates will be provided to the North Carolina Museum of Natural Science. 2. Notify WRC aquatic non -game regional coordinator Steve Fraley (828 -627 -8414 or fralevsi @bellsouth.net) at least 24 hrs before sampling in collection sensitive waters. 3. Authorized to collect and possess relic shells. B. Survey reports must conform to the requirements of the Commission's Aquatic Database and be submitted in electronic form to Ryan Heise at rvan.heise @ncwildlife.ora or by CD, zip disk, or floppy disk to Ryan Heise at 1721 Mail Service Center Raleigh, NC 27699 -1724. Copies of the data entry software are available from Ryan Heise. The report is due within 30 days of the expiration of this permit. The report is due within 30 days of the expiration of this permit or renewal may be revoked. ® ADDITIONAL CONDITIONS AND AUTHORIZATIONS ON REVERSE ALSO APPLY (PAGE 1 OF 2) 13. REPORTING REQUIREMENTS: ® Within 15 days after expiration. VALID 30 DAYS AFTER EXPIRATION, IF RENEWAL REQUESTED. SUED BY: TITLE: DATE: F i Permits Supervisor 02/15/2008 DISTRIBUTION LIST: t Division of Wildlife Enforcement; U.S. Fish & Wildlife Service, Enf. Sect., Raleigh; NC; Scott VanHorn, Steve Fraley DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE FEDERAL FISH AND WILDLIFE PERMIT 2. AUTHORITY- STATUTES + „8 st� 16 USC 1539 (a) (1) (A) 16 USC 703 -712 4_� REGULATIONS (Attached) 50 CFR §§ 13 & 17 3. NUMBER TE069754 -2 1. PERMITTEE 4. RENEWABLE 5. MAY COPY GERALD R. DINKINS [x] YES [x] YES DINKINS BIOLOGICAL CONSULTING 7103 BAYLESS LANE ( l NO [ ] NO POWELL, TENNESSEE 37849 e. EFFECTIVE 7. EXPIRES TELEPHONE: 865/938 -7739 FACSIMILE: 865/938 -5081 7/22/05 7/31/07 8. NAME AND TITLE OF PRINCIPAL OFFICER (if # 1 is a business) 9. TYPE OF PERMIT ENDANGERED AND THREATENED SPECIES 10. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED THROUGHOUT THE SPECIES RANGES IN GEORGIA, TENNESSEE, ALABAMA, KENTUCKY, VIRGINIA, WEST VIRGINIA, NORTH CAROLINA, INDIANA, ILLINOIS, MISSOURI, OHIO, IOWA, MINNESOTA, WISCONSIN, AND MICHIGAN. 11. CONDITIONS AND AUTHORIZATIONS: A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR'13, AND SPECIFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK #2 ABOVE, ARE HEREBY MADE A PART OF THIS PERMIT. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION SUBMITTED. CONTINUED VALIDITY, OR RENEWAL, OF THIS PERMIT IS SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS, INCLUDING THE FILING OF ALL REQUIRED INFORMATION AND REPORTS. B. THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL LAW. C. VALID FOR USE BY PERMITTEE NAMED ABOVE. 3 -201 (1/97) D. PERMITTEE IS AUTHORIZED TO TAKE (HARASS, CAPTURE, HANDLE, IDENTIFY, RELEASE, TRANSLOCATE LIVE SPECIMENS, AND COLLECT RELICT SHELLS) THE ENDANGERED AND THREATENED AQUATIC SPECIES LISTED ON THE ATTACHED LIST WHILE CONDUCTING PRESENCE AND ABSENCE SURVEYS, AS CONDITIONED BELOW: 1. FEDERALLY - LISTED FISH SPECIES MAY BE CAPTURED BY HAND SEINING OR NETTING, AND OBSERVED VIA WADING, SNORKELING, SCUBA DIVING, OR BACKPACK ELECTROFISHING. FEDERALLY- LISTED FISH SPECIES MAY BE TEMPORARILY RETAINED FOR IDENTIFICATION PURPOSES, AND SHALL BE RELEASED NEAR THEIR ORIGINAL POINT OF CAPTURE IMMEDIATELY AFTER IDENTIFICATION. 2. HAND COLLECTING IS THE ONLY COLLECTION METHOD AUTHORIZED FOR MOLLUSKS. COLLECTION OF LIVE MUSSELS IS LIMITED TO A BRIEF PERIOD OF TIME USED TO IDENTIFY AND PHOTOGRAPH THEM. RETAINING LIVE SPECIMENS IS NOT AUTHORIZED. ALL LIVE MOLLUSKS WHICH ARE CAPTURED MUST BE RETURNED TO, AND POSITIONED PROPERLY ON THE SUBSTRATE AT THE APPROXIMATE POINT OF CAPTURE. _?O BLOCK 11 OF THIS PERMIT CONSISTS OF ITEMS A - M (5 PAGES TOTAL) . 12. REPORTING REQUIREMENTS REPORTS WILL BE PROVIDED TO THE U.S. FISH AND WILDLIFE SERVICE OFFICES APPEARING IN CONDITIONS L AND M OF THIS PERMIT. REPORTING CONTENT, FORMAT, SUFFICIENCY, AND FP.EQUENCY IS OUTLINED IN CONDITION K OF THIS PERMIT. .9SUE0 8Y: TITLE DATE CHIEF, ENDANGERED SPECIES, (�'° SOUTHEAST REGIONf MW KIM., m tests were excavated, but based on the artifacts observed, the site was apparently occupied into the mid- to late 20 "' century. Although this site was not examined in detail during the 2007 work and could not be revisited during the 2008 work, it is unlikely to have substantial research value. For that reason, 31HN219 is recommended ineligible for the NRHP. Component: Site dimensions: UTMs (NAD 27): Landform: Elevation: Soil Type: Recommendation: 31 HN220 10 to early 20'h century historic 25 m cast -west x 15 m north -south (core area) E355160 N3904770 Saddle ca. 2,480 fl AMSL silt loam Eligible 31HN220 (Field Site 1) is a small 19'h to early 20`t' century domestic historic site situated on an upland ridge saddle in the southern part of the project area, on the west side of an access road that extends south to Folly Road (Figures 5.11 -5.12; see Figure 5.4). (The site appears east of the road as plotted on the USGS snap, due to discrepancies between the map location on the USGS map and GPS readings). Neither the road nor the structure appears to be depicted on the historic maps dating to 1907 -1938 (see Figures 5.1 -5.3), and no documentary information on prior ownership or occupancy is presently available. This site contains two fieldstone piles that likely represent chimney falls, along with a low- density artifact scatter. A small assemblage of artifacts was collected from the surface of the adjacent access road, the ground surface surrounding the rock piles, and one of five shovel tests. The soils encountered in the shovel tests were deflated, and consisted of a yellowish brown silt loam A horizon that was approximately 15 cm thick and overlay a yellowish red clay loam B horizon. In total, 15 artifacts were recovered from shovel testing and surface collections at 31 HN220. The artifact assemblage includes a porcelain figurine head fragment with black painted hair (Figure 5.13f); a machine cut nail (ca. 1805 -1900) (Figure 5.13e); a colorless liquor bottle Fragment embossed with grapes; and two Mason's patent canning jar fragments embossed with "MASON'S PATENT NOV 30 1858 (Figure 5.13a)." Inventor John Mason patented this type of glass canning jar in 1858, and it was in common usage froth 1858 into the 1910s (Flinson 2002). The ceramics found at 31HN220 include one undecorated blue - tinted ironstone sherd (ca. 1840 -1885) (Figure 5.138); and a small number of undecorated (n =6) and decorated whiteware sherds including a mold decorated pitcher fragment (Figure 5.13b), a polychrome hand painted sherd in "Bright Palette" colors with an unidentified green Floral pattern (ca. 1830s- 1860s) (Figure 5.13c), and a red cut sponge stamped sherd (ca. 1845 -1930) (Figure 5.13d) (Majewski and O'Brien 1987; Miller 2000). According to Majewski and O'Brien (1987:122), the blue- tinted or blue - bodied ironstone wares were an earlier dating variety of ironstone (ca. 1840 -1885) and tended to be heavy bodied, of British manufacture, and undecorated. The green "Bright Palette" hand painted whiteware most likely represents a teaware vessel (e.g. saucer, plate, dish, etc.) with a thin -line floral decoration with a peak popularity period of the 1830s to the 1860s (Majewski and O'Brien 1987:158- 159). The red cut sponge stamped sherd is, according to Majewski and O'Brien (1987:162), a "nonspotted, nondotted, stamped ware decorated with smooth cut sponge roots." This type of pattern was often applied to simple teawares in bright colors such as red, green and blue dating from the mid -1840s into the early 20 "' century (Majewski and O'Brien 1987:162; Miller 2000:13). 41 �% N V Chimney t I \\ ' Fall I I\ 41 \ 36 39 s. 0 Not dug O Neg�me shovel tut Q Posuisz historic shmxl test ... Sit, hombry U ?Inns ?0 Figure 5.11. 31 HN220 site map. 42 ,i 7 Figure 5.12.31 HN220, view to north. d� °, s..t t �, � �x._��1 �'- rrb' "�`'t," •r y�;r`�!r `- ��,_, -, . o . t w'� t�.�i.�, ,�-.�,�✓�.K ��, `t'3 ^.�.w 45, ,r! '� ... 3 i _ v+4 , a i .. ��3. }��i. YA'`w�'��'�:r 4� "'i f _ ` •-• -1 NC, FS- o f i 0•° -. - 'CEN,TI' \IET:ENS °' 1_00, ja 3ry' . ,. ,. ,,.� .,s.. - i . ..f-.. S_n.8 :'i.R... � r "a`a ^. Ikr��m"•6 .. .. mn'� %�' °e,[' °�.=6R .- `t`.:.r.'o _�+>:'. ., „... ,_ ....tt v Figure 5.13. Selected artifacts from 311-IN220. 4 3 Summary and Recommendations. The archaeological resources associated with site 31 HN220 include the remains of at least one small structure (or structure complexes) dating mainly to the mid- to late 19'h century. The site appears to represent a small -scale rural farmstead, considered one of the essential elements of the Carolina or Upland South landscape (Beaman et al. 1998; Jordan- Bychkov 2003; Olson 1998). Although such farmsteads were once ubiquitous, very few sites of this type and time period have been investigated in North Carolina, particularly in the western region of the state (Beaman et al. 1998; Greene n.d; Linda Hall, personal communication 2008; John Mintz, personal communication 2008). Given the presence of undisturbed architectural elements and the lack of prior investigations of similar sites in the region, 31HN220 offers the opportunity to explore many aspects of rural domestic life in western North Carolina during this period and is recommended eligible for the NRHP. Component: Site dimensions: UTMs (NAD 27): Landform: Elevation: Soil Type: Recommendation: 31HN221 Unidentified prehistoric 160 m east -west X 30 in north -south E355422 N3904865 Upland ridge ca. 2,440 ft AMSL silt loam Ineligible Description. 31HN221 (Field Site 2) is a large, widely dispersed, prehistoric lithic site of unknown age, situated on a broad upland ridge west of Folly Creek and just north of an unnamed tributary of Folly Creek (Figures 5.14 -5.15; see Figure 5.4). The landform has recently been logged and is crossed by vehicle access trails. Several large mulch piles were distributed across the ridge at the time of the survey. A total of 38 shovel tests were excavated during the survey; 19 of which produced 35 lithic specimens; an additional 21 lithic artifacts were collected from the surface of the access trails (Table 5.2). Table 5.2. bistribution of Prehistoric Artifacts from Shovel Testing at 31HN221. Context Total ST 42 1 1 quartz debitage ST 43 5 1 quartzite biface fragment, I quartzite debitage, 3 quartz debitage ST 44 1 1 quartz debitage ST 46 1 1 quartz debitage ST 50 3 3 quartz debitage ST 51 1 1 quartz debitage ST 580 2 2 quartz debitage ST 582 2 1 quartz biface fragment, I quartz debitage ST 584 2 2 quartz debitage ST 585 2 1 quartz debitage, I quartzite debitage ST 586 5 1 quartz biface fragment, 4 quartz debitage ST 587 1 1 quartz debitage ST 589 1 1 quartzite debitage ST 590 2 2 quartz debitage ST 591 1 l quartz debitage ST 594 1 1 quartz debitage ST 602 2 2 quartz debitage ST 609 1 1 quartz debitage ST 611 1 1 quartzite debitage Total 35 44 Photo 1. Impact 2, Existing Culvert — Inlet Facing Downstream. Photo 2. Impact 2, Existing Culvert — Inlet Facing Upstream. Photo 3. Impact 2, Existing Culvert - Outlet Facing Downstream. Photo 4. Impact 2, Existing Culvert — Outlet Facing Upstream. Photo 5. Impact 3, Existing Culvert — Inlet Facing Downstream. Photo 6. Impact 3, Existing Culvert — Inlet Facing Upstream. Photo 7. Impact 3, Existing Culvert — Outlet Facing Downstream. Photo 8. Impact 3, Existing Culvert — Outlet Facing Upstream. Photo 9. Impact 4, Existing Culvert - Inlet Facing Downstream. Photo 10. Impact 4, Existing Culvert - Inlet Facing Upstream. Photo 11. Impact 4, Existing Culvert — Outlet Facing Downstream. Photo 12. Impact 4, Existing Culvert — Outlet Facing Upstream. Photo 13. Impact 5, Existing Culvert — Inlet Facing Downstream. Photo 14. Impact 5, Existing Culvert — Inlet Facing Upstream. Photo 15. Impact 5, Existing Culvert — Outlet Facing Downstream. Photo 16. Impact 5, Existing Culvert — Outlet Facing Upstream. r ` Photo 17. Impact 6, Existing Culvert — Inlet Facing Downstream. Photo 18. Impact 6, Existing Culvert — Inlet Facing Upstream. Photo 19. Impact 6, Existing Culvert - Outlet Facing Downstream. Photo 20. Impact 6, Existing Culvert — Outlet Facing Upstream. Photo 21. Impact 7, Existing Culvert — Inlet Facing Downstream. Photo 22. Impact 7, Existing Culvert — Inlet Facing Upstream. Photo 23. Impact 7, Existing Culvert — Outlet Facing Downstream. Photo 24. Impact 7, Existing Culvert — Outlet Facing Upstream. Photo 25. Impact 9, Existing Culvert — Inlet Facing Downstream. Photo 26. Impact 9, Existing Culvert — Inlet Facing Upstream. b 0 0 N Oo F 'C3 f7 X. 0'Q n -1 F .r '77 A� n QO C CD OD E3 Photo 29 Impact 10, Existing Culvert — Inlet Facing Downstream. I -M Photo 30. Impact 10, Existing Culvert — Inlet Facing Upstream. Photo 31. Impact 10, Existing Culvert — Outlet Facing Downstream. Photo 32. Impact 10, Existing Culvert — Outlet Facing Upstream. Photo 33. Impact 11, Existing Culvert — Inlet Facing Downstream. Photo 34. Impact 11, Existing Culvert — Inlet Facing Upstream. U 3 0 Q a4 U w a� M a� U on .y W U V� M O O a on U co a I U x W U as M O O a Photo 37. Impact 12, Existing Culvert — Buried Inlet Facing Downstream. Photo 38. Impact 12, Existing Culvert — Buried Inlet Facing Upstream. Photo 39. Impact 12, Existing Culvert — Outlet Facing Downstream. Photo 40. Impact 12, Existing Culvert — Outlet Facing Upstream. Photo 41. Impact 13, Existing Culvert Installed on Bedrock — Inlet Facing Downstream. No Work Recommended. Photo 42. Impact 13, Existing Culvert Installed on Bedrock — Inlet Facing Upstream. No Work Recommended. Photo 43. Impact 13, Existing Culvert Installed on Bedrock — Outlet Facing Downstream. Photo 44. Impact 13, Existing Culvert Installed on Bedrock — Outlet Facing Upstream. Photo 45. 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O w Iwq> ee LU.pP�UZ job: 10186 Vf ace'w No P -13.2 Es�drawn: KHC Pat McCrory Governor Marcus Jones Henderson County 1 Historic Courthouse Square Hendersonville, NC 28792 Project: Seven Falls North Carolina Department of Environmental Quality Division of Mitigation Services September 29, 2015 Donald R. van der Vaad Secretary Expiration of Acceptance: March 29, 2016 County: Henderson The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143- 214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant. is calculated based upon the Fee Schedule and policies listed at http : / /portal.ncdenr.org/web /eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. CU Stream (feet) Wetlands (acres) Buffer i Buffer II River Basin Location (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non - Riparian Coastal Marsh Impact French 06010105 0 1,792 0 0 0 0 0 0 Broad Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. Sincerely, Jame Stanfill Asset Management Supervisor cc: David Brown, USACE - Asheville Rebekah Newton, agent 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: htip : / /portal.ncdenr.orglweb /eep An Equal Opporlunity 1 Atfirrnafive Acbon Employer— Made in part from recycled paper