20052255 Ver 1_USFWS Comments_20060117

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
January 12, 2006 ~``~ ~~`
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Ms. Jennifer Robertson ~`°
Wetland and Natural Resource Consultants, Inc.
P.O. Box 882
Canton, North Carolina 28716
Dear Ms. Robertson:
This is the report ofthe=~S. Fish and Wildlife Service and the Department terior on the
application for an individual permit submitted by Mr. Andy Baker of McKeougTi band
Company, Inc., represented by Wetland and Natural Resource Consultants, Inc. (WNRCI), to
develop 819 acres for a residential development south of Rosman in Transylvania County, North
Carolina. Information for this report is based on a review of the individual permit application
issued by WNRCI. The report is submitted 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 - A-ccording to the information provided, McKeough Land-Company, Inc.,
is proposing to develop the 819-acre tract of land with 192 residential lots. The~ite consists
primarily of forested land and an area of pasture. The site contains five Class~~treams (Ann
Creek, Bearpen Creek, Devils Hole Creek, Rock Creek, and Toxaway Creek,_as~lassified by the
North Carolina Division of Water Quality) and multiple unnamed streams for which the
classification is not known. The applicant is proposing to impact about 9501inear feet (lf) of
streams and 0.0068 acre of wetlands by installing culverts for 48 stream crossings to provide
access to home sites. On-site mitigation, in the form of stream and buffer preservation, is
proposed to compensate for project impacts.
Federally Listed Species -The applicant does not present evidence of any surveys of the project
area for federally listed species known from Transylvania County. According to our records and
a review of the Transylvania County GIS web site, there appears to be suitable habitat for the
federally threatened small whorled pogonia (Isotria medeoloides) and swamp pink (Hellonias
bullata). Both have been foyrtd in close proximity to the proposed project site. Small whorled
pogonia flowers from about mid-May to mid-June, so we recommend that surveys for this
species be conducted during that period. Generally, this species occurs in open, ,deciduous
woods with acidic soil. It also occurs in habitat where there is relatively high shru~ coverage or

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high sapling density, but flowering appears to be inhibited. Swamp pink's flowering period is
from March through May, and its habitat includes Southern Appalachian bogs and spring
seepage areas. Unless an area has been specifically surveyed for these listed species or no
appropriate habitat exists, a survey should be conducted to ensure that these species are not
inadvertently lost. 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 theirhab~taLS. 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.
We also have records of other rare species in the area, including bog turtle (Clemmys
muhlenbergii), currently federally listed as threatened due to similarity of appearance,l and the
green salamander (Aneides aeneus), a federal species of concern. Although the provisions of
section 7 of the Act do not currently apply to these species, we would greatly appreciate your
assistance in determining if they are present within the project impact areas. If any are present,
impacts to them should be avoided.
Because several state=listed threatened and rare species occur within close-proximity of the
project area, we also-~eeommend that you contact Ms. Linda Pearsall, Dre~cr~r of the North
Carolina Natural Hem' age Program, for further information about North: Gar$~ina's rare species
and/or unique and-rare-i~abitat types located in the subject project area...wiling address is
Natural Heritage Program, North Carolina Department of Environment and Natural Resources,
1601 Mail Service Center, Raleigh, North Carolina 27699-1601.
Fish and Wildlife Resources - We are concerned about the direct impacts to the 0.0068 acre of
wetlands and 9501f of streams and the secondary impacts to the remaining streams, wetlands,
and forested areas on the subject property. According to the 404 (b)(1) guidelines, no discharge
or fill material shall be permitted in streams or wetlands if there is a practicable alternative to the
proposed discharge hat would have less adverse impacts on the aquatic ecosystem (40 CFR
230.10); therefore,--recommend the following measures to help minimizeproject impacts:
1. Use grassed swales in place of curb and gutter and on-site storm=water
management (i.e., bioretention areas) that will result in no nef cpiange in the
hydrology of the watershed. Without proper planning, this development will
create impervious surfaces (such as roofs, roads, and parking lots) that will
collect pathogens, metals, sediment, and chemical pollutants and quickly
transmit them to receiving waters. Therefore, all storm-water outlets should
1"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. Y
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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. Preserve and/or restore forested riparian buffers. Given the close ~xnximity of
this project to aquatic resources and the increase in impervious surfaces 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 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.
3. Install-and maintain stringent measures to control erosion and-sediment in
orderfio Urevent unnecessary impacts to aquatic resources-w'tt and
downstream of the project site. Disturbed areas should beaded with
native~eed mixtures that are beneficial to wildlife. Given-f~close proximity
of the proj ect area to the Nantahala and Pisgah National Forests, we
recommend that only native plant species be used or, if an adequate seed
source cannot be found, that noninvasive species (such as annual rye) be used
until native plants can reestablish themselves. While many of the exotic plant
species typically used in reclamation efforts have proven beneficial to some
wildlife species, we now know that the invasive nature of these species
outweighs any short-term erosion control or wildlife benefits they may
provide. Exotic species, including tall fescue (native to Eurasia), Korean and
Sericga-lespedeza (eastern Asia species), redtop (a Eurasiarrs~ecies), Sudan
grass and Bermuda grass (native to Africa), and Kentucky bluegrass (native to
Euraria end northern Canada), choke out native vegetation ~-often result in
monnc~altures that prove to be of little benefit to wildlife an~ari be very
detrimental to the ecosystem as a whole. Additionally, avoiding invasive
exotic species is particularly important. Tall fescue (including Kentucky 31
fescue) and Sericea lespedeza are listed as category 1 exotic invasive plant
species on the Regional Foresters List and Ranking Structure -Invasive
Exotic Plant Species of Management Concern for the U.S. Forest Services
Southern Region. Category 1 exotic plant species are known to be invasive
and persistent throughout all or most of their range within the Southern
Region. They can spread into and persist in native plant communities and
displace native plant species. Therefore, they pose a demonstrable threat to
the integrity of the natural plant communities in the Southern Region. The use
of category species is prohibited on national forest land. Other nonnative
fescues and lespedezas are proving to be just as invasive.
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4. 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, bottomless culverts should be used. 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 ~'is~ and other aquatic life. The culvert should be sized to
accommodate the movement of debris and bed material within a channel
during abank-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 maybe 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 401f, alternatingor~otched baffles
should be installed in a manner that mimics the existin ctr .am pattern. This
__slinuld enhance the passage of aquatic life by: (a) dept sediment in the
-~ el, (b) maintaining channel depth and flow regimes,-end (c) providing
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-llg places for fish and other aquatic organisms.- - -
5. 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 ma~urtenance needs during
thefirst 24 months of the project and annually thereafter: Sewer lines
_~ sociated with crossing areas should be maintained and~perated at all times
---~o~revent discharges to land or surface waters. In cirtstances where
minimum setbacks cannot be attained, sewer lines shall be constructed of
ductile iron or a substance of equal durability.
6. 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
ripa~jan management area. Y
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Mitigation -As stated above, the project as proposed will impact about 9501f of streams (451 if
of perennial streams and about 4991f of intermittent streams) for which the applicant is
proposing a compensatory mitigation ratio of 1:1. To mitigate for project impacts, the applicant
has proposed 23,0301f of stream preservation (18,040 if of perennial streams and 4,9901f of
intermittent streams), with 25-foot vegetated buffers. About 18,0401f of perennial streams will
be preserved to compensate for the 451 if of impacts to perennial streams (a 40:1 ratio) and about
4,9913 i#' of intermittent streams will be preserved to compensate for the 4991f of impacts to
intermittent streams (a 10:1 ratio). We generally recommend that all direct impacts to wetlands
and streams be mitigated with the restoration of compazable on-site streams and wetlands at a
ratio of at least 2:1, but given the 40:1 ratio of preserved perennial streams we believe the
23,0301f of stream preservation is sufficient. As previously stated, we generally recommend
that forested buffers be a minimum of 100 feet wide along perennial streams and 50 feet wide
along intermittent streams and wetlands; however, the "Stream Mitigation Guidelines"
(Guidelines), endorsed by the Corps, require that a minimum 30-foot buffer be maintained for
mitigation-credit from stream preservation. The Guidelines also state, "where stand-alone stream
preservation is proposed as mitigation, additional buffer width of at least two times the base
requirement may be required." Because the streams that will be impacted appear to be "good"
quality seams and because wider buffer widths provide increased benefits to adjacent waters,
the' mi'~ion package should provide a minimum 60-foot buffer long all preserved streams.
We _alyd to review a detailed map showing the preserved~st~ams and buffer azeas as well as
a statement as to how the preserved areas will be protected. All preserved streams and buffers
should be placed in a conservation easement or deed restriction in perpetuity.
We appreciate the opportunity to provide these comments. Our mission is to conserve, protect,
and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the
American people. By working with you and giving you the appropriate information eazly in the
planning process, we hope to accomplish this goal. 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.-fin any future correspondence concerning this project lase reference our Log
Number ~-2-06-072. - - -
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Sincerely,
I C~
"Brian P. Cole
Field Supervisor
cc:
Mr. David McHenry, Mountain Region Reviewer, North Carolina Wildlife Resources
Commission, 20830 Great Smoky Mtn. Expressway, Waynesville, NC 28786
Mr. David Baker, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006 -
Mr. Kevin Barnett, North Cazolina Department of Environment and Natural Resources, Division
of Water Quality, 2090 US Hwy. 70, Swannanoa NC 2877
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