20071281 Ver 3_401 Application_20090409

on -IISI V 3
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
April 8, 2009
Mr. Cyndi Karoly
N.C. Division of Water Quality ? L?
1650 Mail Service Center
Raleigh, NC 27699-1650 a
i? R 9 2009
Re: Sunset Falls at Bald Creek, Phase II
Haywood Count NC oF Yw QUALITY
Y? itdETlAWDS A W STOR S7pRMA?ER BP,ANCti
Dear Lori and Cyndi:
Enclosed for your review is an Individual Permit application for stream and wetland impacts
associated with the construction of Sunset Falls at Bald Creek, located in Haywood County,
North Carolina. The following information is included with the application as supporting
documents:
1) 8.5 X 11" plan drawings including stream impacts
2) List of Adjacent Land Owners
3) Master Plan map
4) Threatened and Endangered Species Assessment
Please do not hesitate to call me at [phone] to discuss this application or if you have any
questions.
Si rely,
a Salzbe
Project Biologist
cc: NCDWQ-Asheville Office
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Individual Permit Application for
U.S. Army Corps of Engineers
Section 404 Permit
North Carolina 401 Water Quality Certification
05unset-.
q all,s
AT BALD CREEK
April 7, 2009
Applicant:
Sunset Falls at Bald Creek, LLC
Attn: Michael Posey
36 Kimberely Avenue
Asheville, NC 28804
Prepared by:
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
828-698-9800
*I-- Iasi v3
P
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits
United States, the discharge of dredged or fill material into waters of the Untied States, and the transport:
ocean waters. Routine Uses: Information provided on this form will be used in evaluating the applicatio
is voluntary. If information is not provided, however, the permit application cannot be processed nor car,
One set of original drawings or good reproducible copies which show the location and character of the p,
drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location
in full will be returned.
(ITEMS I THRU 4 TO BE FILLED BY THE
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEI%
(ITEMS BELOW TO BE FILLED BY APPLII
5. APPLICANT'S NAME 8. AUTHORIZED)
Michael Posey
R. Clement Riddle,
6. APPLICANT'S ADDRESS 9. AGENT'S ADDF
Cobalt Development Group C1earWater Environs
36 Kimberely Avenue 718 Oakland Street
Asheville, NC 28804 Hendersonville, NC
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHO1
a. Residence N/A
authorizing activities in, or affecting, navigable waters of the
tion of dredged material for the purpose of dumping it into
r for a permit. Disclosure: Disclosure of requested information
a permit be issued.
oposed activity must be attached to this application (see sample
of the proposed activity. An application that is not completed
'ORPS)
ED
4.DATE APPLICATION
GENT'S NAME &
'.W.S., Principal
(an agent is not required)
100
nental Consultants, Inc.
'8791
E NOS. W/AREA CODE
•b. Business 828-545-5044 a. nesroence 1N/A "Ww-:?
b. Business 828-698-9800
1l. STATEMENT OF AUTHORIZATION
I here y authorize, C1earWater Environmental Consultants, Inc. to act in my behalf as my agent in the processing ofthis application and to furnish, upon request,
sypplrewtaffnf?rmatio?n su?pwof this permit application.
12. PROJECT NAME OUTLE (lee instructions)
Sunset Falls at Bald creek, LLC
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Unnamed tributaries to Little Creek
15. LOCATION OF PROJECT
Haywood NC
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
35.638889°N
82.880833°W
DATE
14. PROJECT STREET ADDRESS (ifapplicable) ? t i o ]l ,.;
A pR ?i
1 /,'r
C;J;i
lA"OS/'N0STt7I u?LITy
17. DIRECTIONS TO T}IE SITE
From Asheville, take 40W to the Crabtree Exit. Take a right on Upper Crabtree Road, and then a Left onto Bald Creek Road. Take a right onto James Chapel Road and
the site is approximately 0.5 mile on the left (see Figures 1-2).
L. 4
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-003
(33CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response; including the time for reviewing instructions, searching existing
sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or
other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service
?.rrectorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and
Budget, Paperwork Reduction Project (07]0-0003), Washington, DC 20503. Please DO NOT RETUR
a lications must be submitted to the District Engineer N your form to either ofthose addresses. Completed
having jurisdiction over the location of the ro osed activity.

1?
X18. Nature of Activity (Description of project, include all features)
SEE ATTACHED.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
SEE ATTACHED.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
SEE ATTACHED.
21. Type(s) ofMaterial Being Discharged and the Amount of Each Type in Cubic Yards
Fill of approximately 0.30 acres of wetlands and 502 linear feet of culvert proposed in jurisdictional streams.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Approximately 0.4 acres of jurisdictional Waters of the U.S./wetlands are proposed for impacts. This includes the following:
502 linear feet of perennial and important intermittent streams
0.30 acres of wetlands
23. Is Any Portion of the Work Already Completed? Yes ® No ? IF YES, DESCRIBE THE COMPLETED WORK
Yes, development of Phase I and impacts to 383.25 linear feet of stream was authorized under USACE Nationwide Permit 29 and 33 on September 25,
2007 (Action ID # 2007-02364-344) and DWQ 401 certification on November 6, 2007 (Project # 07-1281).
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attached
a supplemental list).
SEE ATTACHED.
??. -bL yr veer kernncanons or Approvals/Demals Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION #
USACE NWP 29 and 33 2007-02364-344
NCDWQ 401 WQ Cert 07-1281
DATE APPLIED DATE APPROVED DATE DENIED
7-15-2007 9-25-2007
7-15-2007 11-6-2007
*Would include but is not restricted to zoning, building and flood
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. I further certify that I possess the authority ertake scribed herein or am acting as the duly
Aao"edap pppicant.
05 l + D 9--. - : / r
A FAIC T ATV C71-M AT7- -o
The dpplication must igneJby 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 I has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any departrnent 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 entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.

r1
LJ
Chad Jones
PO Box 496
Balsam, NC 28707
PIN# 8741-52-5599
Phase I and II Adjacent Landowners for Sunset Falls
Antonio Lopez
11543 Jonathan Rd
Jacksonville, FL 32225
PIN# 8741-70-7470
Dennis Castellano
29342 Marker Loop
San Antonio, FL 33576
PIN# 8740-79-0409
Jane Houff
10400 Village Dr, 101-F
Seminole, F133772
PIN# 8740-69-7113, 8740-69-2008,
• 8740-69-0069
Rufus Brown
167 James Chapel Rd
Clyde, NC 28721
PIN# 8740-48-5711
Terrence Cronin
1399 S. Hurban City Blvd
Melbourne, Fl 32901
PIN# 8740-86-8716, 8740-98-7396
Sugar Camp Group
PO Box 1028
Canton, NC 28716
PIN# 8741-74-6385
James Smith Barbara Wood
2333 Bald Creek Rd 751 Hidden Valley
Clyde, NC 28721 Clyde, NC 28721
PIN# 8741-61-7822 PIN# 8741-70-4889
Helmut Simons Gary Williams
15657 Candle Dr. 2718 Robin Rd
Ft. Myers, FL 33908 Jacksonville, FL 32216
PIN# 8741-70-7034 PIN# 8740-79-1714
Aquilino Montiel Charles Davis
10832 Collar Dr. 3010 10`x' Pkwy
San Antonio, FL 33576 Vero Beach, FL 32960
PIN# 8740-69-6471 PIN# 8740-69-9289
Roy Woody Haywood Hickory Ridge, LLC
588 Smathers St 350 Holland Dr
Waynesville, NC 28786 Maggie Valley, NC 28751
PIN# 8740-59-7113 PIN# 8740-58-5932
Yolanda Ferguson Gary Smith
17 Short Branch Rd 24 James Chapel Rd
Clyde, NC 28721 Clyde, NC 28721
PIN# 8740-47-5936 PIN# 8740-77-3506
Franklin James David James
541 Ratcliff 541 Ratliff
Waynesville, N 28786 Waynesville, NC 28786
PIN4 8741-90-7392 PIN# 8741-91-8705
0

Individual Permit Application for
U.S. Army Corps of Engineers
Section 404 Permit
North Carolina 401 Water Quality Certification
May 9, 2008
Applicant:
•
Sunset Falls at Bald Creek, LLC
Attn: Michael Posey
36 Kimberely Avenue
Asheville, NC 28804
Project:
Sunset Falls at Bald Creek
Prepared by:
ClearWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
828-698-9800

Table of Contents
1.0 INTRODUCTION ..

...............................................
....................... ..........................................1
2.0 BACKGROUND

2.1 .....................................................................................................................3
Project Location ............................

2.2 ..................................................................
Project Purpose and Scope of Work
.................................................
.....................................
3.0 EXISTING SITE CONDITIONS ....

1 .......................................................
...............................
Soils ......................

3.2 .............................................................................
Vegetative Communities ...........

3.3 ........... .
Threatened, Endangered, and Species of Special Concern
..............................................
.............
4.0 PROPOSED PROJECT DEVELOPMENT - SUNSET FALLS

4.1 .....................
Roads ..........................

4.2 ...................
Utilities .....................
.........
.......................................
5.0 DISCUSSION OF ALTERNATIVE
. ?"""""'-"
S
.............

1 .................................................... .
..............
Overview .......................

5.2 ...............................................................................
Project Justification .......................

5.3 ................................................................
The Site ....................
...............
.

5.4 .
..................................
Development Plan (Wetland Avoidance/Actions to Minimize Impacts) .

5.5 .....................:.
10
-.--••--•••••-----•---•-
Alternatives Conclusion ......................
.
.......
..........................................................................................
11
6.0 COMPENSATORY MITIGATION PLAN
6.1 .......................
Stream Avoidance ...................

6.2 ...
Stream Minimization .................

3 ....................
Stream and Wetland Preservation ........

7.0 U.S .................................................................................................... 13
. ENVIRONMENTAL PROTECTION AGENCY 404(b
1
GU

7 )(
)
IDELINES .........
14
.1 ..
Compliance with U.S. Environmental Protection Agency Guidelines

7.2 ......................... . 14
Factual Determination
•
7.3 ............................................................................
Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecos
st

7.4 y
em ........................ 14
Potential Impacts to Biological Characteristics of the Ec
t

7.5 osys
em ..................
Potential Impacts on S
ecial A
uati
Sit

7
.6 p
q
c
es ................................................
Potential Effects on Human Use Characteristics ..
7.7 ......................................................
Summary ................................................
. _
............................................... _ _ _
8.0 PUBLIC INTEREST CONSIDERATIO
.. ............." .
NS
1 Conservation ............................

8.2 ......
Economics ...............................

8.3 ...........................
Aesthetics ..............................

8.4 .
....................................................
General Environmental Concerns ...........

8.5 ......................
Wetlands ....................

8.6 ......................................................................
Historic Properties ......................................

8.7
......
.... ................................................................................... 22
Fish and Wildlife Values .........................

8.8 ................................................................................................ 22
Flood Hazards ...................................

8-9 .
Floodplain Values ...........................
............

8.10 ...........
Land Use ......................................

8.11 ............................................
Navigation ................................................

8.12 .......................... ............................................... 22
Shore Erosion and Accretion

8.13 . ..................................................................
Recreation ..................................

14 .................................
Water Supply and Conservation ..............
.

8.15 ..
.....................................................................
... 23
Water Quality (Stormwater Management) .........................
.........
........
8.16 .
..
...................................
Energy Needs ........................ ............................. 23
8.17 Safety .....................................
8.18 Food and Fiber Production ........................

8.19 ...........................................................
Mineral Needs ....----•------- ................................... 24
8.20 Considerations of Property Ownershi ••••••••••'•'----•--•--•--•--•24
8.21 Needs and Welfare of the Public ..................
................................................................................
• 9.0 SECONDARY AND CUMULATIVE EFFECTS .............................................................25
10.0 SUMMARY ............................:.....................................................................................26
List of Appendices
Appendix A Threatened and Endangered Species Survey
Appendix B USACE 404 Permit, DWQ Water Quality Certification 2007
Appendix C Mitigation Table and EEP Acceptance Form
•
0
9 1.0 INTRODUCTION
Sunset Falls at Bald Creek, LLC proposes to complete Phase II of the private mountain
community subdivision, known as Sunset Falls at Bald Creek. The project is proposed
for a 146.65-acre section on the northern portion of Sunset Falls just west of the
Buncombe County and the Haywood County line in Haywood County, North Carolina
(Figure 1-2). The proposed project, Phase 11 of Sunset Falls represents the final phase of
the master plan. The surrounding land use is residential, pasture, and some commercial
businesses. Interstate 40 provides the primary access to the site. The project site is within
the French Broad River basin and contains unnamed tributaries to Little Creek. Little
Creek flows into Bald Creek that runs parallel to Bald Creek Road just west of the project
site.
Sunset Falls at Bald Creek is a gated and amenitized community nestled in the heart of
Western North Carolina. It is located in the Crabtree township area of Haywood County
just thirty-five minutes from downtown Asheville and fifteen minutes from neighboring
Waynesville. Crabtree township is regarded by many to be the most beautiful area within
Haywood County. It is a picturesque fanning community where the valleys are filled
with acres of com and tobacco fields during the growing season.
The area is known for its quantity and diversity of outdoor and recreational opportunities,
which includes hiking, jogging, mountain biking and cycling, fly-fishing, boating,
• kayaking, canoeing and rafting, camping and mountain-climbing, hunting, skeet and
sporting clays, skiing, snowboarding, golf and tennis. The vast majority of these
activities are as close as a 15 to 45 minute drive and none are more than a day trip.
Sunset Falls at Bald Creek is compromised of approximately 300 total acres divided into
two approximately equal phases. Phase I includes 53 home sites while Phase II includes
40-50 additional home sites. Home sites range from 1.3 to 3.6 acres and in elevation
from 3,200 to 4,300 feet. Many different home sites are available, including those with
mid-range views, privacy sites that are more secluded, creek side and stream side sites,
and sites that are surrounded by common area greenways and hiking trails. Virtually
every home site is wooded, with various species included Red and White Oaks, Sugar
Maples, Red Maples, Poplars, Cherries, Black Walnuts, Basswood, Hickory, Birch and
Locust trees.
As is usual with developments of this size, Sunset Falls at Bald Creek has been
constructed in phases. The applicant has expended considerable resources in design of a
comprehensive Master Plan for the development. Site planning began approximately 2
years ago and the first 151.16-acres have started construction. This permit application
will cover all remaining acreage (146.65 acres) associated with Sunset Falls at Bald
Creek.
C-7
. The master plan is supported by extensive planning, engineering analysis and survey of the
physical and biotic components of the site including aerial photography, complete Section
404 jurisdictional surveys, natural resource surveys and inventory, and threatened or
endangered (T&E) species surveys of the site.
Table 1. Phase II Project Summary Information
•
i
Existing Site Information
Total site Acreage Approximately 146.65 Acres
Total Linear Feet of Perennial Streams Approximately 9,369 Linear Feet
Total Wetland Acreage Approximately 2.33 Acres
Proposed Site Development
Total Perennial Stream Road Impacts 502 Linear Feet
Total Wetland Roads Impacts 0.30 Acres
Avoidance/Minimization of Impacts
Streams Avoided 8,867 Linear Feet
Wetlands Avoided 2.03 Acres
Stream Preservation 6,738 Linear Feet
Wetland Preservation 0.74 Acres
Upland Buffers 10.30 Acres (30 feet)
New Bridges 1
Green Space 12.40 Acres
2
0 2.0 BACKGROUND
The natural features of the land were studied to determine the type of development plan
that would best fit the property. The proposed master plan recognizes the natural features
of the land, existing logging roads throughout the property, and minimizes development
activity in the most environmentally sensitive portions of the site.
2.1 Project Location
Sunset Falls at Bald Creek is located in Haywood County, North Carolina and is
accessed from Interstate 40.
From Interstate 40 in Asheville, head northweset toward Canton/Knoxville. Take
exit 24 for NC-209 toward Lake Junaluska/Hot Springs. Turn right at Crabtree
Rd/NC-209. Turn right at Upper Crabtree Road. Turn left at Bald Creek Rd. Turn
right to stay on Bald Creek Road. Turn right at James Chapel Road and the site is
approximately 0.5 mile on the left (see Figures 1-2).
2.2 Project Purpose and Scope of Work
The purpose of this development is to finish a private residential community in
Western North Carolina that requires stream and wetland crossings for road
• access.
•
3
• 3.0 EXISTING SITE CONDITIONS
The 146.65-acre proposed project site is located in Haywood County, North Carolina and
mainly (70%) consists of mature forest. Elevations range from approximately 3,620 feet
to 4,150 feet.
The project site is within the French Broad River Basin and contains numerous unnamed
tributaries all of which drain into Bald Creek. Bald Creek flows into Crabtree Creek,
which then flows into the Pigeon River just south of Riverside Road. Bald Creek is
classified as a "C" water by the NC Division of Water Quality.
3.1 Soils
Soils were mapped by the Natural Resources Conservation Service (NRCS) Haywood
County National Cooperative Soil Survey, Web Soil Survey 2.0 (Figure 3). Soil types
identified on the Sunset Falls site include: EvD (Evard-Cowee complex) 15-30% slopes,
EdF (Edneyville-Chestnut complex) 50-95% slopes and stony, EdE (Edneyville-Chestnut
complex) 30-50% slopes and stony, EvE (Evard-Cowee complex) 30-50% slopes, TvE
(Tuckasegee-Cullasaja complex) 30-50% slopes and extremely stony, ScB (Saunook
loam) 2-8% slopes, SdC (Suanook loam) 8-15% slopes and stony, SdD (Suanook loam)
15-30% slopes and stony, SdE (Suanook loam) 30-50% slopes and stony, PwF (Plott fine
sandy loam) 50-95% slopes and stony, PwE (Plott fine sandy loam) 30-50% slopes and
stony, and CtE (Cullasaja very cobbly loam) 30-50% slopes and very bouldery. A soils
map is attached for review.
3.2 Vegetative Communities
The site contains five different habitat types. These habitat types include Rich Cove
Forests (Montane Intermediate Subtype), Acidic Cove Forests (Typic Subtype), Rich Cove
Forest (Boulderfied Subtype), Rich Montane Seepage Slopes, and Steambank/Riparian
(Figure 4 of Appendix A).
3.2.1 Rich Cove Forests (RCF) Montane Intermediate Subtype
This community is found throughout the entire property. This community type
is composed of mixed hardwood and conifers trees ranging from 30 to 70 years in
age. Common hardwood trees observed were red oak (Quercus rubra), black oak
(Quercus velutina), scarlet oak (Quercus coccinea), white oak (Quercus alba),
chestnut oak (Quercus prinus), yellow birch (Betula lutea), red maple (Acer
rubrum), and tulip poplar (Liriodendron tulipfera). Conifers such as Canada
hemlock (Tsuga canadensis) and eastern white pine (Pinus strobus) were
scattered and estimated to be 15-50 years old. The high elevation red spruce
(Picea rubens) was uncommon on the site and was observed only as saplings less
than 20 years old. Species observed in the shrub layer were scattered and
dominated by wild hydrangea (Hydrangea arborescens) and the occasional
rosebay rhododendron (Rhododendron maximum).
4
• The herb layer was diverse and species observed in the Rich Cove habitat include
goats beard (Aruncus dioca), maiden hair fern (Adiantum pedatum), and black
cohosh (Cimicifuga racemosa). The Christmas fern (Polystichum acrostichoides)
was the dominant herb observed (Photos 1 and 2 within Appendix A).
3.2.2 Acidic Cove Forests (Typic Subtype) 30-50 Year ACF
This community was scattered amongst the Rich Cove Forest, and was common
in the drainages. These woods were estimated at the 30-50 year age class. Trees
observed were acid tolerant mesophytes such as yellow birch, eastern white pine,
Canada hemlock, and tulip poplar. Species observed in the shrub layer were
composed of rosebay rhododendron and less commonly doghobble (Leucothoe
fotanesiana) along the creeks. The Acidic Cove Forests had less herb diversity
than the Rich Cove Forests. The herb layer was limited in this community type
and none was noted due to winter dormancy of the herbs (Photo 3 within
Appendix A).
3.2.3 Rich Cove Forest (Boulderfield Subtype) 30-50 Year RCB
This community type was estimated to be in the 30-50 year age class. This
subtype is comprised of Rich Cove Forest with many inclusions of boulder and
rock outcrop cover on the forest floor, reducing the herb cover to areas of less
• than 50 percent. Trees species observed included red oaks, red maples, white
oaks, and yellow birch, and Canada hemlocks. Shrubs, herbs and lichens were
observed in vegetation mats amongst and on top of the boulders. The shrub and
vine layer was observed to be more developed and included wild hydrangea,
Japanese honeysuckle (Lonicera japonica), and poison ivy (Toxicodendron
radicans). The herb layer was sparse and observed species include alum root
(Heuchera sp.), Christmas fern, and marginal shield fern (Dryopteris marginalis).
The observed lichens were identified as members of Umbillicaria and other
unknown genera (Photos 4 and 5 within Appendix A).
3.2.4 Rich Montane Seepage Slopes (Cove Subtype) RMS
This community encompasses nonboggy seeps that lack Sphagnum mosses, but
have a diverse herb layer. These headwater seepage wetlands are dominated by
herbs, although trees and shrubs may be rooted in the seeps but will also provide
shade from the adjacent Rich Cove or Acidic Cove Forests. Seeps within the
Rich Coves had more open shrub layer while seeps within the Acidic Coves were
surrounded by dense rosebay rhododendron shrub layers. The soils are saturated
and wetland shrubs such as spicebush (Lindera benzoin), elderberry (Sambucus
canadensis), and swamp azalea (Rhododendron viscosum) were observed.
Upland and facultative shrubs such as rosebay rhododendron, multiflowered rose
(Rosa multi flora), and serrate leaf blackberry (Rebus argutus) were observed.
•
5
The herb layer is diverse and species observed include moss and herb tussocks
that support wetland plants such as Pennsylvania bittercress (Cardamine
pensylvanica), beaked buttercup (Ranunculus recurvatus), red bee balm
(Monarda didyma), turtleheads (Chelone sp.), red cardinal flower (Lobelia
cardinalis), cut leaf coneflower (Rudbeckia lacinata), lettuce-leaf saxifrage
(Saxifrage micranthidifolia), sedges (Carex spp.), and golden ragwort (Senecio
aureus) (Photos 6-8).
3.2.5 Streambank/Riparian RIP
This habitat is varied and often contains mesophytic and hydrophytic plants.
Numerous rocky streams flow through the site, while other unnamed tributaries
have their origins in seeps and springs on site. Trees observed along the stream
banks include Canada hemlock, red maple, and yellow birch. Common observed
shrubs include spicebush, elderberry, tag alder (Alnus serrulata), and wild
hydrangea. Species observed in the herbaceous layer include cutleaf coneflower
and lettuce leaf saxifrage.
3.3 Threatened, Endangered, and Species of Special Concern
The U.S. Fish and Wildlife Service and the North Carolina Natural Heritage Program
were contacted regarding the known or potential occurrences of federally listed
threatened or endangered species or habitat types found on the project area. Nine listed
species are known to occur or have the potential to occur in Haywood County. A
threatened and endangered species survey has been prepared and is included as an
attachment to this application (Appendix A). The report describes the habitats observed
on the 146.65-acre site and addresses the potential for the site to support listed species.
During completion of threatened and endangered species habitat assessments for the
146.65-acre project site, no federally listed species were observed. It is the opinion of
C1earWater Environmental Consultants, Inc. that federally protected species are not likely
to be present. As such, development of the proposed Sunset Falls at Bald Creek project is
not likely to cause an adverse impact to any federally threatened or endangered species.
Although no threatened and endangered species were identified during this survey,
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.
•
6
0 4.0 PROPOSED PROJECT DEVELOPMENT - SUNSET FALLS
The 146.65-acre tract contains approximately 2.99 acres of jurisdictional
Wetlands/Waters of the U.S. Nearly all of the jurisdictional area on-site is comprised of
perennial and intermittent streams totaling 9,369 linear feet. Sunset Falls at Bald Creek,
LLC the applicant, proposes to permanently impact 502 linear feet of stream, 0.30-acres
of wetlands to achieve the previously stated project purpose (Figures 4-4.4).
1. 0.05-acres (502 linear feet) of fill in streams for the construction of roads.
2. 0.30-acres of fill in wetland and linear wetland areas for the construction
of roads.
The net result for Phase II of this project includes avoiding 8,867 linear feet of perennial
and intermittent streams and 2.03 acres of wetlands. The avoided and preserved streams
and wetlands by restrictive covenant will have at least 30 foot upland buffers, totaling
10.30 acres. In addition, the applicant is voluntarily protecting non-compensatory green
space areas as depicted on Figure 4-4.4 totaling approximately 12.4 acres.
4.1 Roads
The primary purpose for this project permit is to build roads that will provide
access to the new residential areas of Sunset Falls at Bald Creek. These roads will
require 12 stream crossings and 17 wetland crossings, of which 28 have impacts.
One bridge is planned as a way to minimize impacts. There is a total proposed
impact of 502 linear feet proposed to perennial and intermittent streams and 0.30
acres of wetlands resulting from 28 road crossings (Figure 4-4.4).
4.2 Utilities
There are no proposed permanent or temporary impacts to streams or wetlands
onsite resulting from the installation of utilities. The applicant will bring
electricity and sewer to the site via underground and within the existing road right
of ways and proposed road impacts. The drinking water will be supplied by
private wells. The wastewater will be treated by septic systems.

0 5.0 DISCUSSION OF ALTERNATIVES
5.1 Overview
This discussion of alternatives is submitted by the Applicant to assist the Wilmington
District, USACE 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 Sunset Falls at Bald Creek development
in Haywood County, North Carolina.
An analysis of the Section 404(b)(1) Guidelines requirements for consideration of
alternatives as required by 40 C.F.R. 230.10(a) is set forth below. Actions taken to
avoid and minimize wetland impacts are presented in Section 6.0 of this Application.
The Section 404(b)(1) 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 ACOE/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 at 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 Register
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).

8
Our intent is to consider those alternatives, which are reasonable in terms of the overall
scope/cost of the proposed project. 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.
The EPA 404(b)(1) Guidelines state that, "we have chosen instead to impose an
explicit, but reputable 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 apply. 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.
5.2 Project Justification
Master Planning and permitting large/long term development projects depend highly
upon having flexibility to implement sound land planning and engineering design
principles which are often conceptual at the time of permitting, but which must
include available land for development to economically justify the project, reasonable
site access, construction of utilities and stormwater systems, and appropriate location
• of various land use amenities.
The applicant has expended significant resources to conduct intensive surveys and
assessments, including a land survey, intensive land planning and market analysis,
wetland delineation and GPS survey, and threatened and endangered species survey.
The information gathered from these tasks has been considered in preparation of the
master plan submitted with this permit application. Market analysis conducted by the
applicant confirms the aptness of the project site for the intended purpose. However,
for the project to be economically viable, enough real estate must be made available
for to cover development costs and provide a reasonable profit. Since the land area is
finite, development costs, particularly construction costs, must be limited for the
project to be successful.
It is important to note that the implemented Phase I of Sunset Falls at Bald Creek has
been very successful, as 20% of the lots in this phase are under contract. Phase I
included obtaining USACE Nationwide Permits 29 and 33 and DWQ Water Quality
Certification. The Action I.D. number for the USACE permit is 200702364344 and
DWQ WQC# is ATF 07-1281. A copy of both the permits and permit application are
included in Appendix B.
When reviewing this application, the USACE is also required to consider the public
interest in this project. In considering the public interest, the USACE 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."
9
In balancing these interests, the USAGE 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 USACE also considers other factors, including:
Conservation, economics, aesthetics, general environmental concerns,
wetlands, historic properties, fish and wildlife values, flood hazards,
floodplain values, land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of the
property ownership and in general, the needs and welfare of the people.
Furthermore, the USACE regulations state that a permit will be granted unless the
district engineer determines that it would be contrary to the public interest.
Sunset Falls at Bald Creek, LLC has extensively evaluated these factors over the last
year through the planning process and believes that the proposed project is clearly in
the public interest. The project will benefit the public in terms of riparian protection,
general environmental concerns, wetlands, fish and wildlife values, and water quality.
Most importantly, while the project will impact a limited number of perennial and
intermittent streams, the overall stream impact for the project is very minimal and is
offset by adequate mitigation. These preserved streams and small seep areas will be
• subject to restrictive covenants to ensure permanent preservation. Because these
streams perform valuable water quality functions, the preservation of these important
areas will contribute in perpetuity to wetlands, stream, fish, and wildlife protection
and improved water quality.
In addition to the preservation of the stream and wetland habitats, the applicant has
chosen to minimize impacts to the riparian forest along each of the tributaries and
wetlands by establishing upland buffers that are a minimum of 30 feet on each side of
the bank. These buffer areas will be preserved and protected under the proposed
master plan. By permitting this project, the USACE would allow preservation of
these habitats.
5.3 The Site
The applicant has designed the development in a way that will comply with the no-
net-loss of wetlands federal mandate, and preserve wetlands and streams for future
generations to enjoy.
5.4 Development Plan (Wetland Avoidance/Actions to Minimize Impacts)
In preparing this plan, the applicant considered a variety of constraints, including
impacts to wetlands/waters of the U.S. The applicant has avoided and minimized
impacts to wetlands to the greatest extent practicable and feasible while still
• accomplishing the overall project purpose.
10
• During design of the proposed master plan, the applicant considered development
alternatives, which included impacts to substantially more streams and wetlands than
the proposed plan depicts. The final proposed plan utilizes the existing logging roads
to the maximum extent practicable as opposed to building new roads with
substantially more stream and wetland impacts.
Avoidance and minimization efforts were completed by using a bridge at one of the
stream crossings for Phase II (4 bridges in Phase I) and utilizing existing logging
roads on-site. The proposed master plan will preserve 6,738 linear feet of stream and
0.74 acres of wetlands, thereby demonstrating that the applicant has designed the
proposed project in order to avoid wetland impacts to the greatest extent practicable.
Because the site is covered in long linear stream and wetland segments, it would be
impossible to avoid all of these streams while continuing to maintain a rational
project design and the flexibility needed to construct a large scale master planned
residential community with a lengthy build out period.
5.5 Alternatives Conclusion
This discussion of alternatives, together with other documents submitted by the
applicant in support of its 404 Permit, shows that the project complies with the
guidelines and promotes public interest. As this analysis clearly demonstrates, the
• proposed layout of the Sunset Falls at Bald Creek is designed to avoid and minimize
impacts to the site to the maximum extent practicable.
0
• 6.0 COMPENSATORY MITIGATION PLAN
This conceptual mitigation plan describes compensatory measures for unavoidable
impacts to intermittent and perennial streams associated with the development of the
Sunset Falls at Bald Creek Development, Haywood County, North Carolina.
Consistent with regulatory guidance, the applicant is proposing to offset impacts to
perennial and "important" intermittent streams from roads (502 linear feet), and good
quality wetlands (0.30 acres).
The following conceptual mitigation plan is provided in support of the applicant's permit
application. The applicant will avoid and preserve in a restrictive covenant
approximately 6,738 linear feet of stream and 0.74 acres of wetlands will be preserved in
perpetuity with approximately 10.30 acres of legally designated upland buffers with a
minimum width of 30 feet each side of the stream (Figure 4-4.4). The 502 linear feet of
stream impacts will be mitigated by both payment into EEP for 502 linear feet and
preservation of 2,510 linear feet of stream. The 0.3 acres of wetland impact will be
mitigated by both payment into EEP for 0.5 acres and preservation of 0.74 acres of
wetlands with a 30 foot buffer.
• Preservation 6,738 linear feet perennial and intermittent 13: 1 ratio
stream with minimum 30 foot buffers (3.5 acres)
• 0.74 wetlands with minimum 30 foot buffer 7:1 ratio
• EEP 502 linear feet of stream 1:1 ratio
0.5 wetland acres 2:1 ratio
Implementation of the mitigation plan will begin immediately upon issuance of a 401
Division of Water Quality Certification and USACE Section 404 Permits. Stream and
wetland mitigation (preservation) will be protected in perpetuity under restrictive
covenants.
6.1 Stream Avoidance
The development of Sunset Falls at Bald Creek will avoid 8,867 linear feet of
perennial and intermittent stream and 2.03 acres of wetlands. Other avoidance
measures include the construction of 1 bridge located on an unnamed tributary of
Bald Creek (Figure 4-4.4).
•
12
6.2 Stream Minimization
• Stream impacts will be minimized during construction of the Sunset Falls at Bald
Creek by using existing logging roads and old culverts, and by implementing
additional sedimentation and erosion control measures during the grading and filling
phases of the project. Best Management Practices (BMP) will be employed to
minimize the impacts to streams adjacent to the proposed development. All culverts
will have headwalls to reduce erosion and headcutting.
The BMP's that may be employed include siltation barriers, sediment traps,
sediment basins, and sodding. Use of BMP's will be one of the most useful methods
of mitigation to minimize disturbance of natural stream/wetland functions.
6.3 Stream and Wetland Preservation
The applicant proposes to preserve approximately 6,738 linear feet of perennial
and intermittent stream and 0.74 acres of wetlands. These waters are ecologically
important for aquatic habitat, foraging areas, and riparian corridors which connect
to the Pigeon River. These streams and wetlands will be preserved in perpetuity
through the implementation of appropriate legal and physical mechanisms (i.e.,
restrictive covenants).
The functions and values of these streams and wetlands will be additionally
• protected and enhanced by establishment of a permanent upland buffer with a
minimum of 30 feet wide. The total of the upland buffers will comprise
approximately 10.30 acres.
•
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• 7.0 U.S. ENVIRONMENTAL PROTECTION AGENCY 404(b)(1)
GUIDELINES
7.1 Compliance with U.S. Environmental Protection Agency 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)l. 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)l guidelines.
This section references and defines practicable alternatives and indicates that a
Dredge & Fill Permit shall not be issued if practicable alternatives exist.
Alternatives reviewed, detailed in Section 7.0, were assessed for compliance with
404(b)1 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 T&E 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 pertains to water supply; does not
adversely impact wildlife, 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.
7.2 Factual Determination
The USACE 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.
7.3 Potential Impacts on Physical 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.
•
14
• 7.3.1 Substrate
The modification of the substrate to an aquatic ecosystem can cause
changes in water circulation, depth, drainage patterns, water fluctuations,
water temperature, and benthic organism changes. Proposed impacts to
wetlands total 0.30 acres and on-site stream segments total 502 linear feet
will be mitigated through stream preservation areas and a payment into the
North Carolina Ecosystem Enhancement Program.
7.3.2 Suspended Particulate/Turbidity (Sediment and Erosion
Control)
The discharge of dredge and fill material can increase the amount of
suspended particulates in the aquatic ecosystem. While such an increase in
the turbidity level can have a negative effect on microorganisms and
invertebrates, it is expected to be controlled and minimized by the project
design. Through the placement of silt screens, hay bales, or other turbidity
barriers, utilizing Best Management Practices will control and minimize
suspended particulates that may exit the area of disturbance. The proposed
project will be constructed and managed in such a way as to minimize the
potential for elevated levels of suspended particulates.
. The State of North Carolina enacted the Sediment and Erosion Control
law as part of the Sedimentation Pollution Control Act of 1973. This law
requires that anyone disturbing more than one acre of land must submit an
erosion control plan and receive approval from the N.C. Division of Land
Quality. An Erosion and Sedimentation Control Plan for the Sunset Falls
at Bald Creek has been designed by LandDesign in Asheville, NC. The
erosion and sedimentation control plan will be reviewed and approved by
the Haywood County Soil and Erosion Control Officer. Haywood
County's erosion control program is closely based on the North Carolina
Erosion Control Program. The purpose of the erosion control plan is to
develop measures that will contain erosion during storm events before it
reaches streams or leaves the site. Sunset Falls at Bald Creek, LLC is
committed to conducting a project wide approach to erosion control by
utilizing Best Management Practices.
7.3.3 Water Quality
The proposed discharge of dredge and fill material shall not cause creased
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 will be controlled with a sedimentation and
erosion control plan.
•
15
• It is anticipated that all of the material needed to fill the site will be taken
from on-site areas. The fill material used on-site will be clear and free of
chemical contamination. Should additional fill material be required,
suitable off-site clean fill material will be purchased and transported to the
project.
7.3.4 Current Patterns in Water Circulation
The discharged dredge and fill material shall not adversely modify current
water circulation patterns by obstructed flow, changing direction or
velocity of water, or change in the velocity or flow of circulation. The
proposed activity should minimize the alterations to the dynamics of the
aquatic ecosystem. The proposed impacts are located at the headwaters of
streams and will not provide fragmentation of stream segments. 8,698
linear feet of the streams will be totally unaffected.
The water management system can be expected to maintain water levels at
existing levels. Therefore, no impacts to current patterns in water
circulation are anticipated.
7.3.5 Normal Water Fluctuations
• Changes in water level fluctuations, promoting a static or non-fluctuating
ecosystem may produce negative environmental effects, potentially caused
by the discharge of dredge and fill material into aquatic systems. The
proposed project includes a surface water management plan that provides
naturally fluctuating water levels based on design criteria.
7.3.6 Salinity
The concern in regard to physical and chemical characteristics of an
aquatic ecosystem is related to the salinity gradient from saltwater into
freshwater. A discharge of dredge and fill material can alter the salinity
and mixing zone between salt and freshwater. Since the project is located
inland, and is not tidally influenced, no modification to the salinity of on-
site or adjacent waters is expected.
7.4 Potential Impacts to Biological Characteristics of the Ecosystem
Sub-Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern from
which disposal of dredge and fill material can affect the biological components of
the ecosystem. These components are T&E species; fish, crustaceans, mollusks,
and other aquatic organisms in the food web; and other wildlife.
•
16
0 7.4.1 Threatened or Endangered Species
Discharge of dredge and fill material is not likely to cause the potential
loss of valuable habitat to wildlife and plant species listed as T&E by the
USFWS through the Endangered Species Act of 1973, and its subsequent
additions and amendments (50 C.F.R. 17.11). No impacts to federally
listed species are expected as described in Section 3.3 above. A T&E
report is included in Appendix A.
7.4.2 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 may have potential
negative effects on certain aspects of the food web. Such releases may
also potentially increase the levels of exotic species.
Impacts to primary food chain production within the waters of the
U.S./wetlands on the project should reasonably be expected to have
minimal to no effects on wetland and aquatic systems on-site.
• 7.4.3 Other Wildlife
The discharge of dredge and fill material can have a negative effect on the
breeding and nesting areas, escape cover, travel corridors, and preferred
food sources for resident and migrant wildlife species.
While a loss of wildlife habitat for wetland-dependent species may result
from construction of the project, the proposed preservation of riparian and
upland buffer corridors allows for wildlife movement and foraging that
will more than balance any minor loss of stream and wetland habitat.
7.5 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 and pool
complexes.
E
17
0 7.5.1 Sanctuaries and Refuges
The discharge of dredge and fill material may cause potential negative
effects on adjacent sanctuaries and wildlife refuges through impacts to
water quality, loss of wildlife habitat, additional human access, creating
the need for frequent maintenance activity, resulting in the establishment
of undesirable plant and animal species, and change of balance of habitat
type. No impacts on sanctuaries or refuges resulting from the
development of the project are anticipated.
7.5.2 Wetlands
The discharge of dredge and fill material may potentially have adverse
effects on 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. Proposed
impacts to 0.30 acres of wetlands will be offset by the preservation and
legal protection of streams, wetlands, and upland buffers.
7.5.3 Mud Flats
Discharges of dredge and fill material may potentially have negative
impacts on mud flats that exist along inland lakes, ponds, and riverine
systems. Since the project does not contain any mud flat communities,
loss of value to these ecosystems will not occur on-site.
7.5.4 Vegetated Shallows
Vegetated shallows are permanently inundated areas that contain rooted
aquatic vegetation. This type of habitat generally exists within estuarine,
marine, and some freshwater lakes and rivers. No such vegetated shallow
habitats exist on the project; therefore, there are no expected impacts to
this type of ecosystem.
7.5.5 Coral Reefs
Coral reefs typically exist within marine ecosystems. No coral reefs exist
on the project; therefore, no impacts to this type of ecosystem will occur.
7.5.6 Riffle and Pool Complexes
Discharge of dredge and fill material into or upstream of riffle and pool
complexes may potentially have a negative impact to water quality and
wildlife value. Riffle and pool ecosystems generally exist along steeper
gradients of streams and rivers.
18
. Fill in the form of culverts has the potential to be placed into riffle-pool
complexes; however, culverts will be buried at a depth equal to 20% of
their diameter, which will allow natural bed substrate to cover the bottom
of the culvert. All culverts will be buried unless bedrock is at the surface
or is within 12 inches of the surface. These areas would most likely take
on riffle functions. Any permanent impact to riffle-pool complexes will
be mitigated for through the proposed mitigation plan in described in 6.0.
7.6 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. No effects on
human use characteristics can be anticipated from the proposed development of
the project.
7.6.1 Municipal and Private Water Supply
Discharges of dredge and fill material may potentially have a negative
impact on water quality serving as a water supply for municipalities or
private developments. Since the waters associated with the project are not
• a source of any public or private water supply, no impacts from the
proposed project can be expected.
7.6.2 Recreational and Commercial Fisheries
Discharges of dredge and fill material may potentially have a negative
effect on water quality and fisheries habitat or may potentially have a
negative effect on recreation and commercial fisheries. On-site streams
flow into the Pigeon River, which is a popular recreational fishery. The
upland streamside buffers will be established to preserve streams and
provide for their long-term protection and viability. There are no on-site
fisheries.
7.6.3 Water-Related Recreation
A discharge of dredge and fill material may have a negative effect on
water-related recreation by impairing or destroying water resources that
support recreational activities. Development of the project is not expected
to have negative impacts on water-related recreation activities.
Approximately 8,867 linear feet of stream and 2.03 acres of wetlands are
being avoided, of which 6,738 linear feet of buffered streams and 0.74
acres of buffered wetlands are being preserved in this Phase 2.
•
19
7.6.4 Aesthetics
The discharge of dredge and fill materials into wetland ecosystems may
adversely impact the aesthetic value of natural aquatic ecosystems. The
project has been planned to eliminate impacts to the on-site wetlands and
primary streams. Disruption to on-site natural systems has been
minimized, 6,738 linear feet of stream preservation mitigation will be
provided with 10.30 acres of upland buffers, and 0.74 acres of wetlands
which will be provided as a result of implementation of the mitigation
plan.
7.6.5 Parks, National and Historical Monuments, National Beach
Shores, Wilderness Areas, Research Sites, and Similar Preserves
No areas as described above will be affected by the proposed development
of the project.
7.7 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 impact to 502 linear feet of intermittent
and perennial streams and 0.30 acres of wetlands will not cause any off-site
adverse impacts. Mitigation provided on-site should more than compensate for
any on-site impacts. The proposed mitigation plan will provide for
wetland/stream preservation by ensuring vitality and sustainability of wetland and
stream functions and values.
•
20
8.0 PUBLIC INTEREST CONSIDERATIONS
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.
8.1 Conservation
Conservation of natural resources will be achieved through preservation of 10.30
acres of upland buffers, 0.74 acres of Wetlands/Waters of the U.S., and 6,738 linear
feet of Streams/Waters of the U.S. The location of these upland buffer, wetland,
and stream preservation areas will serve to protect and preserve the function and
value of the areas and maintain suitable foraging, breeding, and nesting habitat and
corridors for wildlife species. The preservation/restoration of these areas will
provide consistent riparian connections throughout the project site.
8.2 Economics
The proposed project of Sunset Falls at Bald Creek will provide approximately 46
lots in Phase 2. The proposed residential community project is expected to have a
positive impact on the property tax base for Haywood County as well as a positive
impact on local shopping and residential property values. Sewer/ water
extensions will be handled in private wells and septic systems, respectively.
8.3 Aesthetics
This residential project is consistent with the unique landscape in the area and the
project is maintaining this design to preserve this natural landscape. Home sites
range from 1.3 to 3.6 acres and in elevation from 3,200 to 4,300 feet. The
applicant has carefully planned to minimize any visual impacts to Sunset Falls at
Bald Creek.
8.4 General Environmental Concerns
Other than stream/wetland impacts, proposed development activities on the project
would have no significant identifiable impacts upon other environmental
components.
8.5 Wetlands
Development of the project will impact 0.30-acres of wetlands. This minimal
wetland impact should be offset by stream, wetland, and upland buffer preservation.
•
21
0 8.6 Historic Properties
A desk review of the National Register of Historic Places records maintained by the
State Historic Preservation Office (SHPO) indicates several historic properties in
Haywood County.
The majority of these properties are located in the cities and not in the immediate
vicinity of the Sunset Falls at Bald Creek development. 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 affects on archaeological and cultural resources.
8.7 Fish and Wildlife Values
The project is a residential community designed to preserve the ecological integrity
of Sunset Falls at Bald Creek. As part of the compensatory mitigation plan 6,738
linear feet of stream and 0.30 acres of wetlands will be preserved with
approximately 10.30 acres of upland buffers. Overall fish and wildlife values of the
project site will be maintained.
8.8 Flood Hazards
None of the site included in Phase 2 is located within the 100-year flood plain
(Figure 5) (Federal Insurance Rate Maps, Community Panel Number 370120
0125B, effective date August 17, 1998).
8.9 Floodplain Values
These streams are located in steep topography where the channels are laterally
contained, there is little to no floodplam area adjacent to these streams. Most of the
streams on-site are classified as Type "A" streams with little to no floodplain
(Applied River Morphology, Rosgen, 1996). The streams and wetlands will be
protected by minimum 30 foot upland buffers. Figure 5 refers to a floodplain key
map 3701200125 B in which the proposed project site is located. However, no
floodplain map is available for this area on the FEMA website, and the Henderson
County website verified no floodplain data is available for this location.
8.10 Land Use
The proposed project is consistent with the existing land uses for the property and
surrounding area.
8.11 Navigation
No navigable waters exist on-site. The proposed project will not effect navigation.
•
22
0 8.12 Shore Erosion and Accretion
The project should have minimal effects on erosion and runoff. An erosion control
plan will be implemented as part of the construction plan for the project (See
Section 7.3.2 above).
During the construction process, Best Management Practices (BMP) will be
followed. These BMP's will include the construction of swales, erosion and
sediment control structures, turbidity barriers, and other measures that will prevent
sediment transport off the project into other waters. Use of approved devices such
as silt screens, staked hay bales, temporary grassing, wind rowing of vegetation,
and other mechanisms to prevent turbidity will be employed.
8.13 Recreation
The applicant is preserving 6,738 linear feet of streams, 0.30 acres of wetlands with
10.30-acres of upland buffers, and approximately 12.4 acres of open space.
8.14 Water Supply and Conservation
Potable water will be provided to the project by private wells. Development of the
project will incorporate the following water conservation measures as required:
Use native or indigenous vegetation in the landscaping to the maximum
extent practicable in order to minimize heavy landscape irrigation needs
during dry periods.
8.15 Water Quality (Stormwater Management)
No short term or long term adverse water quality impacts are anticipated from this
low density project. Of approximately 146.65 acres (total site), a total of
approximately 30 acres are disturbed (20%). Of those 30 acres, about 8.25 are
paved/impervious (<6%). The average lot size is 2 acres. No additional impacts
are anticipated from on-site infrastructure, as there are no additional utility impacts
and municipal sewer/ water extensions will be handled in private wells and septic
systems, respectively. BMP's will be incorporated during construction. Stream
buffers are being provided to assure long-tern stream protection and integrity.
8.16 Energy Needs
There are no known sources of materials on the project that could be used to
generate energy, nor will the project contribute to any other energy production. It is
expected that the electric utility provider will be HEMC (Haywood Electric
Membership Corporation) for the entire development.
•
23
8.17 Safety
The proposed project will be designed with the maximum possible considerations
for public safety.
8.18 Food and Fiber Production
The project site is not utilized for food production.
8.19 Mineral Needs
The project fulfills no current mineral needs.
8.20 Considerations of Property Ownership
The proposed development of the project will not in any way hinder surrounding
private property owners from enjoying, managing, or developing their properties in
any legal fashion they may choose consistent with applicable laws and regulations.
The address of the project property owner is as follows:
Owner: Sunset Falls at Bald Creek, LLC
Contact: Michael Posey
• Cobalt Development Group
36 Kimberely Avenue
Asheville, NC 28804
828-545-5044
8.21 Needs and Welfare of the Public
The project will positively address the needs and welfare of the public by providing
a residential community that emphasizes pedestrian protection and enjoyment of a
unique natural area.
•
24
•
9.0 SECONDARY AND CUMULATIVE EFFECTS
The Sunset Falls at Bald Creek development is located within the French Broad River
basin. The development is comprised of approximately 300 acres. Past activities within
the project boundary include some logging, rural residential development, and road
building. Logging and agricultural activities have ceased at the Sunset Falls at Bald Creek
development 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 at the Sunset Falls at
Bald Creek development. Impacts at this development include the installation of road
crossings, installation of utilities, and construction of all other associated infrastructure.
Road impacts and wetland fills are necessary for the development of the site. Minimization
activities have lessened impacts associated with road crossings and wetland fill and their
effects cumulatively on the watershed will be minimal. No activity at the Sunset Falls at
Bald Creek development will result in a major impairment of the water resources on site or
interfere with the productivity and water quality of the existing aquatic ecosystem. The
applicant is protecting approximately 6,738 linear feet (1.3 miles) of streams with 10.30
acres (30 foot) of upland buffers.
•
•
25
• 10.0 SUMMARY
By master planning the project, the applicant proposes all compensatory mitigation up-
front or concurrent with development activities. The alternative to wetland master
planning is piecemealing many different smaller projects on the same tract where
avoidance will be difficult and fragmentation is more likely to occur.
•
26
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•
Threatened and Endangered Species Assessment
For
Sunset Falls
Haywood County, North Carolina
April 23, 2008
Prepared For
Sunset Falls at Bald Creek, LLC
Michael Posey
Cobalt Development Group
36 Kimberely Avenue
Asheville, North Carolina 28804
•
Prepared By
Clearwater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
0
• 1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
(T&E) species survey and habitat assessment for the proposed 142-acre construction of
Sunset Falls Phase II. The T&E species survey was conducted to determine the occurrence
of or potential for the existence of federally listed threatened or endangered animal and plant
species on the proposed 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), North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article
25), and North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect.
l9b 106: 202.12-22).
The referenced site is located north of Clyde and is accessed from Interstate 40. The
referenced site is specifically located east of Interstate 40 and southwest of Sandymush
Bald Mountain in Haywood County, NC (Figures 1 and 2).
2.0 METHODOLOGY
A protected species survey was conducted within the project area on February 21 and March
3, 2008 by Clearwater Environmental Consultants, Inc. (CEC) to determine the potential for
occurrences of federally and state listed threatened and endangered animal and plant species.
• Specific information was obtained from the US Fish and Wildlife Service (USFWS) on
March 8, 2008 and NC Natural Heritage Program (February 18, 2008) regarding existing
data (Appendix A) concerning the presence or potential occurrence of threatened or
endangered species in Haywood County, North Carolina. The USFWS lists the following:
one plant species, one lichen, one turtle, four mammals, one spider, and one mussel as
occurring in Haywood County Appendix A). The species listed below were included in the
surveys and assessment (Table 1).
Common Name Scientific Name Status
bog turtle Clemmys muhlenbergii T (S/A)
Carolina northern flying
squirrel Glaucomys sabrinus
coloratus Endangered
eastern puma Puma concolor cougar Endnagered
gray bat Myotis grisescens Endnagered
Indiana bat Myotis sodalis Endnagered
Appalachian elktoe Alasmidonta raveneliana Endangered
spruce-fir moss spider Microhexura montivaga Endangered
small whorled pogonia Isotria medeoloides Threatened
rock gnome lichen Gymnoderma lineare Endangered
•
2
• 3.0 HABITAT CLASSIFICATION
During the field survey, five general habitats were identified and compared with recognized
habitats for each of the ten listed species potentially occurring on the site. 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 complete list of species observed is
attached in Appendix B and representative photographs are attached in Appendix C.
During our site visits, the following five habitat types were identified within the project
boundary: Rich Cove Forests (Montane Intermediate Subtype), Acidic Cove Forests (Typic
Subtype), Rich Cove Forest (Boulderfied Subtype), Rich Montane Seepage Slopes, and
Steambank/Riparian (Figure 4).
3.1 Rich Cove Forests (Montane Intermediate Subtype) 30-70 Year RCF
This community is found throughout the entire property. This community type
is composed of mixed hardwood and conifers trees ranging from 30 to 70 years in
age. Common hardwood trees observed were red oak (Quercus rubra), black oak
(Quercus velutina), scarlet oak (Quercus coccinea), white oak (Quercus alba),
chestnut oak (Quercus prinus), yellow birch (Betula lutea), red maple (Acer
rubrum), and tulip poplar (Liriodendron tulipfera). Conifers such as Canada
• hemlock (Tsuga canadensis) and eastern white pine (Pinus strobus) were
scattered and estimated to be 15-50 years old. The high elevation red spruce
(Picea rubens) was uncommon on the site and was observed only as saplings less
than 20 years old. The observed shrub layers was scattered and dominated by
wild hydrangea (Hydrangea arborescens) and the occasional rosebay
rhododendron (Rhododendron maximum). The herb layer was diverse and
species observed in the Rich Cove habitat include goats beard (Aruncus dioca),
maiden hair fern (Adiantum pedatum), and black cohosh (Cimicifuga racemosa).
The Christmas fern (Polystichum acrostichoides) was the dominant herb
observed. This habitat is suitable for the Small-whorled pogonia, but impact to
this habitat is not likely to affect listed species (Photos 1 and 2).
3.2 Acidic Cove Forests (Typic Subtype) 30-50 Year ACF
This community was scattered amongst the Rich Cove Forest, and was common
in the drainages. These woods were estimated at the 30-50 year age class. Trees
observed were acid tolerant mesophytes such as yellow birch, eastern white pine,
Canada hemlock, and tulip poplar. Species observed in the shrub layer were
composed of rosebay rhododendron and less commonly doghobble (Leucothoe
fotanesiana) along the creeks. The Acidic Cove Forests had less herb diversity
than the Rich Cove Forests. The herb layer was limited in this community type
and none was noted due to winter dormancy of the herbs.. This habitat is suitable
for the Small-whorled pogonia, but impact to this habitat is not likely to affect
• listed species (Photo 3).
3
0 3.3 Rich Cove Forest (Boulderfield Subtype) 30-50 Year RCB
This community type was estimated to be in the 30-50 year age class. This
subtype is comprised of Rich Cove Forest with many inclusions of boulder and
rock outcrop cover on the forest floor, reducing the herb cover to areas of less
than 50 percent. Trees species observed included red oaks, red maples, white
oaks, and yellow birch, and Canada hemlocks. Shrubs, herbs and lichens were
observed in vegetation mats amongst and on top of the boulders. The shrub and
vine layer was observed to be more developed and included wild hydrangea,
Japanese honeysuckle (Lonicera japonica), and poison ivy (Toxicodendron
radicans). The herb layer was sparse and observed species include alum root
(Heuchera sp.), Christmas fern, and marginal shield fern (Dryopteris marginalis).
The observed lichens were identified as members of Umbillicaria and other
unknown genera. This habitat is suitable for the Small-whorled pogonia and
Rock Gnome Lichen, but impact to this habitat is not likely to affect listed species
(Photos 4 and 5).
3.4 Rich Montane Seepage Slopes (Cove Subtype) RMS
This community encompasses nonboggy seeps that lack Sphagnum mosses, but
have a diverse herb layer. These headwater seepage wetlands are dominated by
herbs, although trees and shrubs may be rooted in the seeps but will also provide
• shade from the adjacent Rich Cove or Acidic Cove Forests. Seeps within the
Rich Coves had more open shrub layer while seeps within the Acidic Coves were
surrounded by dense rosebay rhododendron shrub layers. The soils are saturated
and wetland shrubs such as spicebush (Lindera benzoin), elderberry (Sambucus
canadensis), and swamp azalea (Rhododendron viscosum) were observed.
Upland and facultative shrubs such as rosebay rhododendron, multiflowered rose
(Rosa multiflora), and serrate leaf blackberry (Rubus argutus) were observed.
The herb layer is diverse and species observed include moss and herb tussocks
that support wetland associates such as Pennsylvania bittercress (Cardamine
pensylvanica), beaked buttercup (Ranunculus recurvatus), red bee balm
(Monarda didyma), turtleheads (Chelone sp.), red cardinal flower (Lobelia
cardinalis), cut leaf coneflower (Rudbeckia lacinata), lettuce-leaf saxifrage
(Saxifrage micranthidifolia), sedges (Carex spp.), and golden ragwort (Senecio
aureus). Impact to this habitat is not likely to affect listed species (Photos 6-8).
3.5 Streambank/Riparian RIP
This habitat is varied and often contains mesophytic and hydrophytic plants.
Numerous rocky streams flow through the site, while other unnamed tributaries
have their origins in seeps and springs on site. Trees observed along the stream
banks include Canada hemlock, red maple, and yellow birch. Common observed
shrubs include spicebush, elderberry, tag alder (Alnus serrulata), and wild
hydrangea. Species observed in the herbaceous layer include cutleaf coneflower
• and lettuce leaf saxifrage.
4
Suitable habitat for listed species was not found within the streambeds or on the
surrounding banks. Impact to this habitat is not likely to affect listed species
(Photos 9 and 10).
Soils
Soils were mapped by the Natural Resources Conservation Service (MRCS)
Haywood County National Cooperative Soil Survey, Web Soil Survey 2.0. Soil
types identified on the Sunset Falls site include: EvD (Evard-Cowee complex) 15-
30% slopes, EdF (Edneyville-Chestnut complex) 50-95% slopes and stony, EdE
(Edneyville-Chestnut complex) 30-50% slopes and stony, EvE (Evard-Cowee
complex) 30-50% slopes, TvE (Tuckasegee-Cullasaja complex) 30-50% slopes
and extremely stony, Sc13 (Suuook loam) 2-8% slopes, SdC (Suanook loam) 8-
15% slopes and stony, SdD (Suanook loam) 15-30% slopes and stony, SdE
(Suanook loam) 30-50% slopes and stony, PwF (Plott fine sandy loam) 50-95%
slopes and stony, PwE (Plott fine sandy loam) 30-50% slopes and stony, and CtE
(Cullasaja very cobbly loam) 30-50% slopes and very bouldery. A soils map is
attached for review (Figure 3).
4.0 LISTED SPECIES & ACKNOWLEDGED HABITATS
The following is a brief description of each listed species included in the survey, its
• recognized habitat and comments regarding survey results for that species:
4.1 Carolina northern flying squirrel
The Carolina northern flying squirrel (Glaucomys sabrinus coloratus) is federally
endangered in North Carolina. This small nocturnal gliding mammal is some 260
to 305 millimeters (10 to 12 inches) in total length and 95-140 grams (3-5 ounces)
in weight. It possesses a long, broad, flattened tail (80 percent of head and body
length), prominent eyes, and dense, silky fur. The broad tail and folds of skin
between the wrist and ankle form the aerodynamic surface used for gliding.
Adults are gray with a brownish, tan, or reddish wash on the back, and grayish
white or buffy white ventrally. Juveniles have uniform dark, slate-gray backs,
and off-white undersides.
The Carolina northern flying squirrel (NFS) is a nocturnal creature found in
mixed forests from the Alaskan and Canadian tree line southward to Northern
California and Colorado to Central Michigan and Wisconsin and in North
Carolina and Tennessee. They are also found in higher elevations of the Southern
Appalachian Mountains, the Black Hills and the Sierra Nevada. Carolina flying
squirrel and the Virginia northern flying squirrel are subspecies that are on the
endangered species list.
•
5
• Carolina northern flying squirrels are omnivorous. They eat seeds, nuts, and
fruits of conifers, oaks, other trees, and shrubs. They also eat lichens, fungi,
arthropods, eggs, and birds. They forage in trees and on the forest floor and may
bury seeds in ground, or store food in crevices. The CNFS use cavities in mature
trees, snags, or logs for cover. Most nests are in cavities in trees or snags. Some
nests are constructed on tree branches using twigs and leaves; occasionally a
bird's nest is remodeled. Nests are lined with bark, leaves, lichens, or twigs.
Mature, dense conifer habitats intermixed with various riparian habitats support
flying squirrel populations. Large trees and snags required. These tree squirrels
live near rivers and streams, and probably require drinking water, at least in
summer.
According to Professor Peter D. Weigl of Wake Forest University (1977, and
pers. comm., March 2, 1984), the CNFS occurs primarily in the ecotone, or
vegetation transition zone, between the spruce-fir and northern hardwood forests.
Both forest types are used in the search for food, while the hardwood areas are
needed for nesting sites. Areas occupied by the northern flying squirrel are
generally cool and wet, largely as a function of altitude.
Because of the flying squirrel's small size, the climatic severity of its habitat, and
the abundance of avian and mammalian predators, nesting sites represent critical
resources. During the cooler months, squirrels commonly occupy tree cavities and
• woodpecker holes
The Carolina northern flying squirrel is known from five isolated localities: three
in the western mountains of North Carolina (Yancey County, Haywood County,
and in the vicinity of Mt. Mitchell, and two localities in the eastern mountains of
Tennessee (Carter and Sevier Counties). The northern flying squirrel is typically a
species found in more northern areas. No population estimates are available, but
the northern flying squirrel seems to be extremely rare, and also extremely
difficult to collect and study.
The forest types at this elevation are predominately rich cove hardwood
boulderfield rich cove, acidic cove, and rich montane seepage slope habitat types.
There is not a large or dominant evergreen component associated with the higher
elevations of the property. Thus, forested ecotones on this site were not suitable
for the Carolina northern flying squirrel (G. sabrinus coloratus). Further, no
flying squirrels were observed during the pedestrian survey. Due to the lack of
high elevation old growth northern hardwood and spruce-fir forests on the site; it
is our opinion that this project is not likely to impact the Carolina northern flying
squirrel. Given the marginal to poor quality habitat on the property it is not likely
that there will be an impact to this species from this development.

6
0 4.2 Indiana bat
The Indiana bat (Myotis sodalis) is federally listed as an endangered species, is a
medium-sized Myotis, closely resembling the little brown bat (Myotis lucifugus)
but differing in coloration.. Its fur is a dull grayfish chestnut rather than bronze,
with the basal portion of the hairs of the back dull lead colored. This bat's
underparts are pinkish to cinnamon, and its hind feet smaller and more delicate
than in M. lucifugus. The calcar is strongly keeled. This species uses limestone
caves for winter hibernation. The preferred caves have a temperature averaging
37 degrees to 43 degrees Fahrenheit in midwinter, and a relative humidity
averaging 87 percent. Summer records are rather scarce. A few individuals have
been found under bridges and in old buildings, and several maternity colonies
have been found under loose bark and in the hollows of trees. Summer foraging
by females and juveniles is limited to riparian and floodplain areas. Creeks are
apparently not used if riparian trees have been removed. Males forage over
floodplain ridges and hillside forests and usually roost in caves. Foraging areas
average 11.2 acres per animal in midsummer. This bat has a definite breeding
period that usually occurs during the first 10 days of October. Mating takes place
at night on the ceilings of large rooms near cave entrances. Limited mating may
also occur in the spring before the hibernating colonies disperse.
No naturally occurring suitable wintering habitat (large ceilinged caves) for the
• Indiana bat was observed on this site. No specimens of this bat were observed
during the pedestrian survey. Therefore, impact to this species from the
development is unlikely.
4.3 Appalachian elktoe
The Appalachian elktoe (Alasmidonta raveneliana) is federally listed as an
endangered, this mussel has a thin, but not fragile, kidney-shaped shell, reaching
up to about 3.2 inches in length, 1.4 inches in height, and 1 inch in width (Clarke
1981). Juveniles generally have a yellowish-brown periostracum (outer shell
surface) 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 (inside shell surface) is shiny, often white to bluish-white,
changing to a salmon, pinkish, or brownish color in the central and beak cavity
portions of the shell; some specimens may be marked with irregular brownish
blotches (adapted from Clarke 1981). Only two populations of the species are
known to survive. The healthiest of these populations exists in the main stem of
the Little Tennessee River between Emory Lake at Franklin, Macon County,
North Carolina, and Fontana Reservoir in Swain County, North Carolina. The
second population occurs in the Nolichucky River system. The Appalachian
elktoe has been reported from relatively shallow, medium-sized creeks and rivers
. with cool, well-oxygenated, moderate- to fast-flowing water.
7
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).
The streams on-site are much smaller than is typically associated with this
species. Therefore, no impact to this species on-site is likely from this project.
4.4 Eastern cougar
The eastem cougar (Puma concolor cougar) is federally listed as an endangered
species. It is known by many common names, including puma, mountain lion,
catamount, and panther. Next to the jaguar, it is the largest North American cat.
Weights range from 80-225 pounds (36-103 kg). Adult cougars weigh an average
of 140 pounds and are seven feet from nose to tip of tail (tail is almost as long as
the body). It is described as a large, unspotted, long-tailed cat. Its body and legs
are a uniform fulvous or tawny hue. Color is brown to gray above and whitish
below. Its belly is pale reddish or reddish white. The inside of this cat's ears are
light-colored, with blackish color behind the ears. Sometimes the cougar's face
has a uniformly lighter tint than the general hue of the body.
Length varies from 5-9 feet (150-275 cm); this measurement includes the 26-32
inch (66-82 cm) tail. Males are larger than females. Cougars have long, slender
is bodies and small, broad, round heads. Ears are short, erect and rounded. The
short fur is usually tawny (brownish red-orange to light brown), more tan in the
summer months and grayer during the winter. The muzzle, chin and underparts
are a creamy white. Black coloring appears on the tip of the tail, behind the ears,
and at the base of the whiskers on the sides of the muzzle. Immature cougars are
paler, with obvious dark spots on their flanks.
No preference for specific habitat types has been noted. The primary need is
apparently for a large wilderness area with an adequate food supply. Cougars
feed primarily on deer, but their diet may also include small mammals, wild
turkeys, and occasionally domestic livestock, when available. Sightings have been
reported in three North Carolina areas including the Nantahala National Forest,
the northern portion of the Uwharrie National Forest, and the State's southeastern
counties. The remaining population of this species is extremely small; exact
numbers are unknown. Male cougars of other subspecies have been observed to
occupy a range of 25 or more square miles, and females from 5 to 20 square
miles.
Because of the high development activity around the site in question, this area is
not remote enough for the Eastern cougar (P. concolor cougar). There was no
evidence of this animal observed and development of this property is unlikely to
have any effect on the eastern cougar. It is our opinion that this species is not
likely to be impacted by this project.
8
0 4.5 Small-whorled pogonia
The Small-whorled pogonia (Isotria medeoloides) is federally listed as an
endangered species. It 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
canopy, 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. It is distinguished from the similar
Isotria verticillata by the latter's purplish stem and long, dark sepals.
Suitable habitat for the small whorled pogonia exists on-site in the rock cove and
acidic cove areas, but this species was not observed on-site during our survey due
to seasonal dormancy. However, it is unlikely that development of this site will
have an adverse impact on small-whorled pogonia.
4.6 Bog turtle
The bog turtle (Clemmys muhlenbergii) is federally listed as a threatened species by
similarity of appearance with the northern bog turtle. 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 would
include sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. The
preference would be narrow, shallow, slow-moving rivulets. The southern
population of the bog turtle, ranging from southern Virginia to northern Georgia,
is also protected with a threatened designation because its physical appearance is
similar to the northern population. The southern bog turtle population is separated
from the northern population by approximately 250 miles. However, individual
bog turtles in the southern population closely resemble individuals in the northern
bog turtle population, causing difficulty in enforcing prohibitions protecting the
northern population. Therefore, the Service 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.
Suitable boggy habitat for this species was not found on site. No specimens of
this turtle were observed during the pedestrian survey. Impact to this species is
not likely as a result of this project.
11
9
0 4.7 Gray bat
The Gray bat (Myotis grisescens) is federally listed as an endangered species in
North Carolina. It is the largest member of its genus in the eastern United States.
The gray bat weighs from 7 to 16 grams. Its forearm ranges from 40 to 46
millimeters in length (U.S. Fish and Wildlife Service, 1982). One feature that
distinguishes this species from all other eastern bats is its uni-colored dorsal fur.
The other bats have bi- or tri-colored fur on their backs. Also, the gray bat's wing
membrane connects to the foot at the ankle instead of at the base of the first toe,
as in other species of Myotis (U.S. Fish and Wildlife Service 1982). Populations
are found mainly in Alabama, northern Arkansas, Kentucky, Missouri, and
Tennessee, but a few occur in northwestern Florida, western Georgia,
southwestern Kansas, south Indiana, south and southwestern Illinois, northeastern
Oklahoma, northeastern Mississippi, western Virginia, and possibly western
North Carolina. Gray bat colonies are restricted entirely to caves or cave-like
habitats. During summer the bats are highly selective for caves providing specific
temperature and roost conditions. Usually these caves are all located within a
kilometer of a river or reservoir. In winter they utilize only deep, vertical caves
having a temperature of 6-11 degrees centigrade.
Consequently, only small proportions of the caves in any area are or can be used
regularly. There are nine known caves that are believed to house roughly 95
• percent of the hibernating population. Banding studies indicate the bats occupy a
rather definite summer range with relation to the roosting site and nearby foraging
areas over large streams and reservoirs. Summer colonies show a preference for
caves not over 1.2 miles from the feeding area.
Large, appropriate caves were not found on the site. No specimens of this bat
were observed during the pedestrian survey. Therefore, this project is not likely
to affect the gray bat.
4.8 Spruce-Fir Moss Spider
The Spruce-Fir Moss Spider (Microhexura montivaga) is federally listed as
endangered and was originally described by Crosby and Bishop (1925) based on
collections made from a mountain peak in western North Carolina in 1923 (Coyle
1981). It is one of the smallest members of the primitive suborder of spiders that
are often popularly referred to as "tarantulas" (Harp 1991, 1992). The spruce-fir
moss spider, Microhexura montivaga, is known from only the highest mountain
peaks (at and above 5,400 feet in elevation) in the Southern Appalachian
Mountains of North Carolina and Tennessee
Adults of this species measure only 0.10 to 0.15 inch (about the size of a BB)
(Coyle 1981). Coloration of the spruce-fir moss spider ranges from light brown to
yellow-brown to a darker reddish brown, and there are no markings on its
abdomen (Harp 1991, 1992).
10
The most reliable field identification characteristics for the spruce-fir moss spider
are chelicerae that project forward well beyond the anterior edge of the carapace,
a pair of very long posterior spinnerets, and the presence of a second pair of book
lungs, which appear as light patches posterior to the genital furrow (Harp 1992).
The spruce-fir moss spider is known only from Fraser fir and red spruce forest
communities of the highest elevations of the southern Appalachian Mountains in
western North Carolina and eastern Tennessee (Coyle 1981, 1997, 1999; Harp
1991, 1992). The typical habitat of this spider is found in damp, but well drained,
moss mats growing on rock outcrops and boulders in well shaded situations
within these forests (Coyle 1981, 1997, 1999; Harp 1992). The moss mats cannot
be too dry (the species is very sensitive to desiccation) or too wet (large drops of
water can also pose a threat to the spider). The spider constructs tube-shaped
webs in the interface between the moss mat and rock surface. There is no record
of prey having been found in the webs of the spruce-fir moss spider, nor has the
species been observed taking prey in the wild, but the abundant springtails
(collembolans) in the moss mats provide the most likely source of food for the
spider (Coyle 1981, Harp 1992).
No Fraser fir forest communities were observed on-site. There are several dozen
red spruce trees on the site. However, nearly all of the site is located below the
elevation of 5400 feet msl where the spruce fir moss spider is known to occur. In
is addition, the habitat types at the higher elevations are more xeric and lacking in
damp/moist habitat. The presence of rock outcrops- boulders covered in moss
was observed during our survey, but not in relation to spruce-fir dominated
forests. It is therefore our opinion that this project is not likely to impact the
spruce fir moss spider.
4.9 Spreading Avens
The spreading avens (Geum radiatum) is a federally endangered plant in North
Carolina. Although it is not listed in the USFW home page for Haywood County
protected species, it is listed on the NCHP homepage as federally endangered in
Haywood County. It is distinguished by mostly basal leaves with large terminal
lobes. The stems are 8-20 inches tall. The inflorescences are indefinite cymes of
large bright yellow flowers. There are no other similar species of Geum in the
Southeast.
Habitat is in the Southern Blue Ridge Mountains on high-elevation cliffs,
outcrops, and steep slopes which are exposed to full sun; also in thin, gravelly
soils of grassy balds near summit outcrops. Habitat also includes open, exposed
high elevation cliffs, outcrops, steep slopes and gravelly talus associated with
cliffs with shallow acidic soils.
E
Associated species include sand myrtle (Leiophyllum buxifolium), minnie bush
(Menziesia pilosa), bay rhododendron (Rhododendron catawbiense), asters (Aster
spp), sedges (Carex spp.), goldenrods (Solidago spp.), alum roots (Heuchera
villosa), saxifrages (Saxifraga michauxii), and various grass species. The cliffs
that this species inhabits are often adjacent to red spruce dominated coniferous
forests. Threats to this species include trampling, commercial, residential and
recreational development. Air pollution may also inhibit plants.
The common plant community associated with this species was not identified. No
specimens of this lichen were observed during the pedestrian survey. It is
therefore our opinion that this project is not likely to impact the spreading avens.
4.10 Rock Gnome Lichen
The rock gnome lichen (Gymnoderma lineare) is federally endangered in North
Carolina. It is found on rocks in areas of high humidity either at high elevations
(usually vertical cliff faces) or on boulders & large rock outcrops in deep river
gorges at lower elevations.
Distinguishing characteristics include its growth pattern in dense colonies of
narrow (.04 inch) straps that are blue-grey on the upper surface and generally
shiny-white on the lower surface. Lichen strips near the base grade to black (the
• similar species of squamulose Cladonias are never blackened toward the base).
Fruiting bodies are borne at the tips of the straps & are black (similar Cladonia
species have brown or red fruiting bodies). Threats to this lichen include
trampling, commercial, residential and recreational development; possibly air
pollution; collection; and coniferous forest decline.
Marginally suitable habitat of humid and rocky outcrops was located on site for
the rock gnome lichen (G. lineare). No specimens of this lichen were observed
during the pedestrian survey. It is our opinion that this project is not likely to
impact the outcome of the rock gnome lichen.
5.0 CONCLUSIONS
During completion of the threatened and endangered species habitat assessments for the
Sunset Fall Phase II property, no listed species were observed. Marginally suitable
habitat for the small whorled pogonia and rock gnome lichen were encountered on site,
however based on community composition and species observed, it is unlikely that the
species would be affected. The pedestrian survey for these species did not identify any
individuals, despite the presence of potential habitat. It is the opinion of Clearwater
Environmental Consultants, Inc. that federally and state protected species are not likely to
be present in the site. As such, development of the proposed Sunset Fall Phase II project
is not likely to cause an adverse impact to any threatened or endangered species.
•
12
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.
0

13
•
•
•
RESOURCES CITED
Barden, L.S. 1997. Historic. Prairies in the Piedmont of North and South Carolina,
USA. Natural Areas Journal 17: 149-152.
Franklin, M.A., and J.T. Finnegan. 2006.
Plant Species of North Carolina.
Natural Resources. Raleigh, N.C.
Natural Heritage Program List of Rare
The N.C. Department of Environment and
136 pp.
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. 1183
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.
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•
APPENDIX A
USFWS and NHP Correspondence
E
14
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 4, 2008
Ms. Anna Salzberg
Project Biologist
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
Dear Ms. Salzberg:
Subject: Listed Species Assessment, 298-Acre Site (Sunset Falls at Bald Creek) Adjacent to
Bald Creek Road, Haywood County, North-Carolina
• In your letter of February 7, 2008, you re uested our. comments on the subject
Y 9 project. We have
reviewed the information you presented and are proylding.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).
Your letter does not include a description of the project or any potential impacts. It is impossible
for us to give a detailed assessment without a complete set of plans that includes the exact
location of the project and specific details regarding project plans and construction techniques.
The purpose of this letter is only to inform you of federally listed species that occur within the
aPnQ,-antfic.at ?,-Pa indicated on the map yogi sent, and we have inchided a detailed list of
0 0- r-
information that will be required for us to fully assess the potential direct, indirect, and
cumulative impacts of any construction/development projects in this area.
Endangered Species. You do not present evidence of any surveys of the project area for
federally listed species known from Haywood 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.. Enclosed is a list of federally endangered
and threatened species. and federal species of concern for Haywood 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 close coordination with Ms. Linda Pearsall (Director,
North Carolina Natural Heritage Program) before any action is taken.
At this stage of project development and without more specifics about construction locations and
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 100-year floodplain.
I 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 4-2-08-095.
Sin rely,
Brian P. Cole
Field Supervisor
Enclosure
0
L-A
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-es.fws.govles/.
'r 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 (NIv1FS) has authority over sea turtles in coastal waters.
The main stem of the West Fork Pigeon River (French Broad River system), from the
confluence of the Little East Fork Pigeon River, downstream to the confluence of the
East Fork Pigeon River, and the main stem of the Pigeon River, from the confluence of
• the West Fork Pigeon River and the East Fork Pigeon River, downstream to the
N.C. Highway 215 Bridge crossing, south of Canton, North Carolina. Within these
areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean
• water; (ii) Geomorphically stable stream channels and banks; (iii) Pool, riffle, and run
sequences within the channel; (iv) Stable sand, gravel, cobble, boulder, and bedrock
substrates with no more than low amounts of fine sediment; (v) Moderate to high stream
gradient; (vi) Periodic natural flooding; and (vii) Fish hosts, with adequate living,
foraging, and spawning areas for them. September 27, 2002, Federal Register,
67:61016-61040.
Species
Vertebrate
Allegheny woodrat Neotoma magister FSC
Appalachian Bewick's wren * Thryomanes bewickii altus FSC
Appalachian cottontail Sylvilagus obscurus FSC
Bald eagle Haliaeetus leucocephalus BGPA
Bog turtle % Clemmys muhlenbergii T (S/A)
Carolina northern flying squirrel Glaucomys sabrinus coloratus E
Cerulean warbler Dendroica cerulea FSC
Eastern puma (=cougar) * Puma concolor couguar E
Eastern small-footed bat Myotis leibii FSC
Gray bat Myotis grisescens E
Hellbender Cryptobranchus alleganiensis FSC
iana bat (W)* Myotis sodalis E
orthern saw-whet owl Aegolius acadicus pop. 1 FSC
(Southern Appalachian population)
Olive-sided flycatcher Contopus cooperi FSC
Pygmy salamander Desmognathus wrighti FSC
Rafirnesque's big-eared bat Corynorhinus rafnesquii FSC
Red crossbill (Southern Appalachian) Loxia curvirostra FSC
Southern Appalachian black-capped chickadee Poecile atricapillus practicus FSC
Southern Appalachian eastern woodrat Neotoma floridana haematoreia FSC
Southern rock vole Microtus chrotorrhinus carolinensis FSC
Southern water shrew Sorex palustris punctulatus FSC
Yellow-bellied sapsucker Sphyrapicus varius appalachiensis FSC
(Southern Appalachian population)
Invertebrate
Appalachian elktoe Alasmidonta raveneliana E
Diana fritillary (butterfly) Speyeria diana FSC
Southern Tawny Crescent butterfly ** Phyciodes batesii maconensis FSC
Spruce-fir moss spider % Microhexura montivaga E
Adlhr,rul Plant
ama least trillium * Trillium pusillum var. ozarkanum FSC
Blue Ridge Ragwort Packera millefolium FSC
2
Oternut
Darlington's spurge
Fraser fir
Fraser's loosestrife **
Gray's saxifrage
Large-leaved Grass-of-Parnassus
Mountain bitter cress
Mountain catchfly
Piratebush
Rugel's ragwort
Small whorled pogonia
Smoky Mountains manna grass
Tall larkspur
Torrey's Mountain-mint
Nonvascular plant
a liverwort *
a liverwort
everwort
Lichen
Rock gnome lichen
Juglans cinerea FSC
Euphorbia purpurea FSC
Abies fraseri FSC
Lysimachia fraseri FSC
Saxifraga caroliniana FSC
Parnassia grandifolia FSC
Cardamine clematitis FSC
Silene ovata FSC
Buckleya distichophylla FSC
Rugelia nudicaulis FSC
Isotria medeoloides . T
Glyceria nubigena FSC
Delphinium exaltatum FSC
Pycnanthemum torrei FSC
Plagiochila sullivantii var. sullivantii FSC
Sphenolobopsis pearsonii FSC
Plagiochila sharpii FSC
Gymnoderma lineare 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 "C1" candidate species.)
BGPA = Bald and Golden Eagle Protection Act. See below.
FSC = federal species of concern. 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. See below.
EXP = experimental population. A taxon that 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.
Oand Golden Eagle Protection Act BGPA):
In the July 9, 2007 Federal Register (72:37346-37372), the bald eagle was declared recovered, and removed
(de-listed) from the Federal List of Endangered and Threatened Wildlife. This delisting took effect August 8, 2007.
After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary
law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory
definition of "take" that includes "disturb." The USFWS has developed National Bald Eagle Management
Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald
eagles. For more information, visit bttp://www.fws.eov/migratorybirds/baideagle.htm.
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 asT (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.
Denotation 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.
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.
•
4
G`'
WDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor February 18, 2008 William G. Ross Jr., Secretary
Ms. Anna Salzberg
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
Subject: Proposed Development Project - Sunset Falls at Bald Creek (approximately 297.81-acre site);
Haywood County
Dear Ms. Salzberg:
The Natural Heritage Program has no record of rare species, significant natural communities, significant
natural heritage areas, or conservation/managed areas at the site nor within 0.6-mile of the project area.
Our database has a record from 1997 of a population of the State Significantly Rare eastern shooting-star
(Dodecatheon meadia var. meadia) from the Buncombe County side of Wade Gap, which is roughly 0.6-
mile east of the southeastern corner of the tract. 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 Natural 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. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:
<http://nhpweb.enr.state.nc.us/nhis/public/gmap75_main.phtml>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
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 NIP workroom or waiting for the Information Request to be answered by
NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click
on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]
You may also e-mail NC OneMap at <dataq a,ncmail.net> for more information.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
• Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper
NC NHP County Element Search Page I of 7
• NC NHP County Element Search Results
New Sea rch
Returned Elements: 199 using: HAYWOOD ALL
[Invertebrate Animal 22] [Natural Community 25] [Nonvascul ar Plant 371 [Vascular Plant 77] [Vertebrate A nimal
38]
Major Group Scientific Name Common Name State Federal State Global County - Map -
Status Statu s Rank Rank Status Habitat
Invertebrate Alasmidonta raveneliana
Animal Appalachian Elktoe E E S1 G1 Haywood-
Link
Current
Invertebrate Appalachina chilhoweensis
Animal Queen Crater SC None S2 G4 Haywood-
Link
Obscure
Invertebrate Attaneuria ruralis
Animal A Stonefly SR None S2/S3 G4 Haywood
Link
Current
Invertebrate Autochton cellus
Animal Golden Banded-Skipper SR None S2 G4 Haywood
Link
Current
Invertebrate Celastrina nigra
Animal Dusky Azure SR None S2? G4 Haywood-
Link
Current
Invertebrate Erora laeta
Animal Early Hairstreak SR None S2S3 GU Haywood
Link
Current
Invertebrate Eulonchus marialiciae
Animal Mary Alice's Small-headed SR None S1S3 G1G3 Haywood
Li
k
Fly Current n
Invertebrate Euphydryas phaeton
Animal Baltimore Checkerspot SR None S2 G4 Haywood-
Link
Current
Invertebrate Fumonelix orestes
Animal Engraved Covert T None S1 G1 Haywood-
Link
Current

"n
vertebrate Gomphus adelphus
nimal Mustached Clubtail SR None S1 S2 G4 Haywood
Link
Obscure
Invertebrate Gomphus descriptus
Animal Harpoon Clubtail SR None S1? G4 Haywood-
Link
Obscure
Invertebrate Gomphus lineatifrons
Animal Splendid Clubtail SR None S2S3 G4 Haywood-
Link
Obscure
Invertebrate Inflectarius ferrissi
Animal Smoky Mountain Covert T None S2 G2 Haywood
Link
Obscure
Invertebrate Inflectarius subpalliatus
Animal Velvet Covert SC None S2 G2 Haywood
Link
Obscure
Invertebrate Lampsilis fasciola
Animal Wavy-rayed Lampmussel SC None S1 G5 Haywood
Link
Obscure
Invertebrate Micrasema burksi
Animal A Caddisfly SR None S3 G4G5 Haywood-
Link
Current ----
Invertebrate Ophiogomphus aspersus
Animal Brook Snaketail SR None S1 S2 G4 Haywood-
Link
Obscure
Invertebrate Ophiogomphus mainensis
Animal Maine Snaketail SR None S2S3 G4 Haywood
Link
Obscure
Invertebrate Paravitrea lamellidens
Animal Lamellate Supercoil SC None S2 G2 Haywood-
Link
Obscure
Invertebrate Phyciodes balesii maconensis
Animal Tawny Crescent SR FSC S2 G4T2T3 Haywood-
Link
Obscure
Invertebrate
Polygonia faunus smythi
Animal Smyth's Green Comma SR None S2 G5T3T4 Haywood
Link
Current
Invertebrate
Rhyacophila mainensis
Animal A Caddisfly SR None S2 G5 Haywood-
Link
Current
Natural
"Dry rocky slope"
Community None None None S2 G3? Haywood
Link
Current
tural
Acidic cove forest
mmunity
? None None None S5 G5 Haywood-
Link
Current
a
Boulderfield forest
Commm Community None None None S3 G3 Haywood -
Link
Current
Natural
Canada hemlock forest
Community None None None S5 G5 Haywood-
Link
Current
NC NHP County Element Search
• Natural Carolina hemlock bluff N

Community one
Natural Chestnut oak forest
Community None
Natural Fraser fir forest
Community None
Natural Grassy bald
Community None
Natural Heath bald
Community None
Natural High Elevation Red Oak Fore
Community st None
Natural High elevation rocky summit
Community None
Natural High elevation seep
Community None
Natural
Community Low elevation rocky summit
None
Natural Montane acidic cliff
Community None
Natural Montane mafic cliff
Community None
Natural Montane oak--hickory forest
Community None
Natural Northern hardwood forest

Community (beech gap subtype) None
Natural Northern hardwood forest (typ ic

Community subtype) None
Watural Pine--oak/heath
ommunity None
Natural Red spruce-fraser fir forest
Community None
Natural Rich cove forest
Community None
Natural Southern appalachian bog

Community (northern subtype) None
Natural Southern appalachian bog

Community (southern subtype) None
Natural Swamp forest-bog complex
Community (spruce subtype) None
Natural Swamp forest-bog complex

Community (t ypic subtype) None
Nonvascular Acrobolbus ci/iatus
Plant A Liverwort
Nonvascular Brachythecium rotaeanum
Plant Rota's Feather Moss
Nonvascular
Plant Buxbaumia aphyl/a
Bug-on-a-stick
Nonvascular Campylopus atrovirens var.
Plant atrovirens Black Fish Hook Moss
Nonvascular Cephaloziella spinicaulis
Plant A Liverwort
Nonvascular Cetrelia cetrarioides
Plant Sea Storm Lichen
Nonvascular Dichodontium pel/ucidum
Plant Transparent Fork Moss
Nonvascular
olant Dicranum undulatum
Bog Broom moss
onvascular Diplophyllum apiculatum var.
Plant taxifolioides A Liverwort
Nonvascular Diplophyllum taxifolium var.
Plant mucronatum A Liverwort
Page 2 of 7
None None S2 G2G3 Haywood- Link
Current -
None None S5 G5 Haywood- Link
Current -
None None S1 G1 Haywood- Link
Current -
None None S2 G2 Haywood- Link
Obscure -
None None S3 G4 Haywood- Link
Current -
None None S5 G5 Haywood- Link
Current --
None None S2 G2 Haywood- Link
Current -
None None S2S3 G3 Haywood- Link
Current -
None None S2 G2 Haywood- Link
Current -
None None S3 G4 Haywood- Link
Current -
None None S1 G2? Haywood- Link
Current -
None None S5 G5 Haywood- Link
Current -
None None S41T2? G5fT2? Haywood- Link
Current -
None None S4T4 G5T5 Haywood- Link
Current -
None None S4 G5 Haywood- Link
Current
None None S2 G2 Haywood- Link
Current -
None None S4 G4 Haywood-
Link
Current
Current -
None None S1S2 G1G2T1 T2 Haywood- Link
Current -
None None S1S2 G1G2T1T2 Haywood- Link
Current -
None None S1 G2G3T1 Haywood- Link
Current -
None None S3 G3T3 Haywood- Link
Current -
SR-D None S1 G3? Haywood-
Link
Historical
SR-D None S1 G3G4 Haywood-
Link
Current
SR-O None SH G4G5 Haywood-
Link
Historical -
SR-D None S1? G4G5TNR Haywood-
C
Link
urrent
SR-P None S1 G3G4 Haywood
Link
Current
SR-D None S2 G4G5 Haywood-
Link
Historical
SR-P None S2 G4G5 Haywood
Link
Historical
SR-D None S1 G5 Haywood-
Link
Historical
SR-L None S1 G5T2Q Haywood-
Link
Historical
SR-L None S1 G5T1 Haywood-
Link
Historical
NC NHP County Element Search Page 3 of 7
onvascular Ephebe americana
lant A Rockshag Lichen SR-T None S1 G2G3 Haywood- Link
Historical -
Nonvascular Frullania appalachiana
Plant A Liverwort SR-L None S1? G1? Haywood-
Link
Historical -
Nonvascular Gymnoderma lineare
Plant Rock Gnome Lichen T E S2 G2 Haywood-
Link
Current -
Nonvascular Hydrothyria venosa
Plant Waterfan Lichen SR-P None S3 G3G5 Haywood-
Link
Current -
Nonvascular Leptodontium excelsum Grandfather Mountain SR
-L
None
S1
G2 Haywood
Plant Leptodontium Current Link
Nonvascular Leptodontium flexifolium
Pl
t Pale-margined
SR-D
None
S1
G5 Haywood-
Link
an Leptodontium Historical
Nonvascular Leptohymenium sharpii
Plant Mount Leconte Moss SR-L None S1 G1 Haywood-
Link
Historical -
Nonvascular Leptoscyphus cuneifolius
Plant A Liverwort SR-D None S2 G4G5 Haywood- Link
Historical -
Nonvascular Leskeella nervosa
Plant Common Fine Moss SR-O None S1? G5 Haywood-
Link
Historical
Nonvascular Marsupella emarginata var.
Pl A Liverwort SR-L None S1 G5T1T2 Haywood-
Li
k
ant latiloba Historical n
Nonvascular Megaceros aenigmaticus
Plant A Hornwort SR-L None S2S3 G2G3 Haywood-
Link
Current -
Nonvascular Metzgeria temperata
Plant A Liverwort SR-D None S1S2 G4 Haywood-
Link
Current -
Nonvascular Metzgeria violacea
Plant A Liverwort SR-D None S1 S2 GNR Haywood-
Link
Current -
Nonvascular Nardia scalaris ssp. scalaris
Plant A Liverwort SR-D None S1 G5T5 Haywood- Link
Historical -
onvascular
Pannaria conoplea Mealy-rimmed Shingle SR-D None S1 G3G4 Haywood-

Want
Lichen
Current Link
-
Nonvascular Plagiochila caduciloba
Plant A Liverwort SR-T None S2 G2 Haywood-
Link
Historical -
ascular Plagiochila corniculata
Plant A Liverwort SR-D None S2 G4? Haywood-
Link
Historical -
Nonvascular Plagiochila sharpii
Plant A Liverwort SR-L FSC S2 G2G4 Haywood-
Link
Historical
Nonvascular Plagiochila sullivantii var. A Liverwort SR-T FSC S2 G2T2 Haywood-
Plant sullivantii Historical Link
Nonvascular Platyhypnidium riparioides Long-beaked Water SR-0 None S1? G4 Haywood-
Plant Feather Moss Current Link
ascular Riccardia jugata
Plant A Liverwort SR-L None Si? G2 Haywood-
Link
Current -
Nonvascular Scopelo phila G gulata
Plant Copper Moss SR-O None S1 G5? Haywood-
Link
Current -
ascular Sphagnum rubellum
Plant Red Peatmoss SR-P None S1? G5 Haywood-
Link
Historical ---
ascular Sphagnum subsecundum
Plant Orange Peatmoss SR-P None S1 G5 Haywood-
Link
Historical
ascular Sphenolobopsis pearsonii
Plant A Liverwort E FSC S2 G2? Haywood-
Link
Historical -
ascular Tortula papillosa
Plant Papillose Tortula SR-P None S1 G5 Haywood-
Link
Current ---
ascular Xanthoparmelia monticola
Plant A Rock-shield Lichen SR-L None S2? G2? Haywood-
Link
Historical -
Vascular Aconitum reclinatum
Plant Trailing Wolfsbane SR-T None S3 G3 Haywood-
Link
Current -
Vascular Adlumia fungosa Climbing Fumitory SR-P None S2 G4 Haywood - Link
nk
Current
PI ntular Amelanchier sanguinea Roundleaf Serviceberry SR-P None S2 G5 Haywood Link
Current -
Vascular gerberis canadensis
Plant American Barberry SR-T None S2 G3 Haywood-
Link
Historical -
NC NHP County Element Search Page 4 of 7
Vascular
Plant Botrychium matricariifolium Daisy-leaf Moonwort SR-P None S1 G5 Haywood- Link
Current -
Vascular
Plant Botrychium oneidense Blunt-lobed Grape-fern SR-P None S2 G4Q Haywood- Link
Historical -
Vascular
Plant
Botrychium simplex var. simplex Least Moonwort
SR-P
None
S2
G5T5 Haywood-
Link
Current
Vascular
Plant Brachyelytrum septentrion ale Northern Shorthusk SR-P None S3 G4G5 Haywood- Link
Historical -
Vascular
Plant Buckleya distichophylla Piratebush E FSC S2 G2 Haywood- Link
Current -
Vascular
Plant Calamagrostis canadensis Canada Reed Grass SR-P None S1 G5 Haywood- Link
Historical --
Vascular
Plant
Campanula aparinoides
Marsh Bellflower
SR-P
None
S2
G5 Haywood
Link
Current
Vascular
Plant
Cardamine c/ematitis
Mountain Bittercress
SR-T
FSC
S2
G3 Haywood
Link
Current
Vascular
Plant Carex biltmoreana Biltmore Sedge SR-L None S3 G3 Haywood- Link
Current -
Vascular
Plant Carex leptonervia A Wood Sedge SR-P None S2 G4 Haywood- Link
Current -
Vascular
Plant Carex misera Wretched Sedge SR-L None S3 G3 Haywood- Link
Current -
Vascular
Plant Carex roanensis Roan Sedge SR-T None S2 G2G3 Haywood- Link
Current -
Vascular
Plant Carex trichocarpa Hairy-fruit Sedge SR-P None SH G4 Haywood- Link
Historical -
Vascular
Plant Celastrus scandens American Bittersweet SR-P None S2? G5 Haywood- Link
Historical -
Vascular
lant Chamerion platyphyllum Fireweed SR-P None S1 G5T5 Haywood- Link
Current -
Vascular Coeloglossum viride var. Long-bracted Frog Orchid SR-P None S1 G5T5 Haywood- Link
Plant virescens Historical -
Vascular
Plant Coreopsis latifolia Broadleaf Coreopsis SR-T None S3 G3 Haywood- Link
Current -
Vascular
Plant Crocanthemum bicknellii Plains Sunrose SR-P None S1 G5 Haywood- Link
Current -
Vascular
Plant Crocanthemum propinquum Creeping Sunrose SR-P None S1 G4 Haywood-
Link
Current
Vascular
Plant Danthonia epilis Bog Oatgrass SR-T FSC S2? G3G4 Haywood- Link
Current -
Vascular
Plant Delphinium exaltatum Tall Larkspur E-SC FSC S2 G3 Haywood- Link
Current -
Vascular Dendrolycopodium Prickly Ground-pine SR-P None S2 G5 Haywood- Li
k
Plant dendroideum Current n
-
Vascular
Plant Dicentra eximia Bleeding Heart SR-P None S2 G4 Haywood- Link
Current ---
Vascular
l Dodecatheon meadia var. Eastern Shooting-Star SR-P None S2 G5T5 Haywood- Li
k
P
ant meadia Current n
-
Vascular
Plant Draba ramosissima Branching Draba SR-P None S2 G4 Haywood-
Link
Current
Vascular
Plant Euphorbia commutata Cliff Spurge SR-P None S1 G5 Haywood- Link
Current -
Vascular
Plant Euphorbia purpurea Glade Spurge SR-T FSC S2 G3 Haywood-
Link
Current
Vascular
Plant Filipendula rubra Queen-of-the-prairie E None S1 G4G5 Haywood-
Link
Current
Vascular
)ant Geum radiatum Spreading Avens E-SC E S2 G2 Haywood
Link
O Current
ascular
Plant Glyceria nubigena Smoky Mountain
Manna
rass T FSC S2 G2 Haywood-
Link
g Current
Vascular
Plant Hackelia virginiana Virginia Stickseed SR-P None S1S2 G5 Haywood-
Link
Historical
NC NHP County Element Search Page 5 of 7
ascular
lant Heuchera pubescens Downy Alumroot SR-P None SH G4? Haywood- Link
Historical
Vascular
Plant
Houstonia longifolia var. glabra
Granite Dome Bluet
SR-L
None
S2 Haywood-
G4G5T20
Link
Current
Vascular
Plant
Huperzia appressa
Appalachian Fir clubmoss SR-P
None
S2
G4G5 Haywood-
Link
Current
Vascular
Plant Hydrophyllum macrophyllum Largeleaf Waterleaf SR-P None S2 G5 Haywood- Link
Current -
Vascular
Plant
Ilex collina
Long-stalked Holly
T
None
S1
G3 Haywood-
Link
Current
Vascular
Plant Isotria medeoloides Small Whorled Pogonia E T S2 G2 Haywood- Link
Historical -
Vascular
Plant
Lilium grayi
Gray's Lily
T-SC
FSC
S3
G3 Haywood-
Link
Current
Vascular Lilium philadelphicum var. Wood Lily SR-P None S2 G5T4T5 Haywood- Li
k
Plant philadelphicum Current n
-
Vascular
Plant
Lonicera canadensis
American Fly-honeysuckl
e SR-P
None
S2
G5 Haywood
Link
Current
Vascular
Plant Lonicera flava Yellow Honeysuckle SR-P None S3 G5? Haywood- Link
Current -
Vascular
Plant Lysimachia fraseri Fraser's Loosestrife E FSC S2 G2 Haywood- Link
Historical -
Vascular
Plant Meehania cordata Meehania SR-P None S2 G5 Haywood-
Link
Current
Vascular Oligoneuron rigidum var. Prairie Bold Goldenrod SR-P None S1 G5T5 Haywood- Li
k
Plant rigidum Historical n
-
Vascular
Plant Orbexilum onobrychis Lanceleaf Scurfpea SR-T None SH G5 Haywood- Link
Historical -
Vascular
?lant Packera millefolium Divided-leaf Ragwort T FSC S2 G2 Haywood- Link
Current -
Vascular Pamassia grandifolia Large-leaved Grass-of- T FSC S2 G3 Haywood- Li
k
Plant parnassus Current n
-
Vascular
Plant Pedicularis lanceolata Swamp Lousewort SR-P None S1 G5 Haywood- Link
Current
Vascular
Plant Phegopterfs connectilis Northern Beech Fern SR-P None S2 G5 Haywood- Link
Current -
Vascular
Plant Platanthera flava var. herbiola Northern Green Orchid SR-P None S1? G4T40 Haywood- Link
Current -
Vascular Platanthera grandiflora Large Purple-fringed SR-P None S2 G5 Haywood- Li
k
Plant Orchid Historical n
-
Vascular
Plant platanthera peramoena Purple Fringeless Orchid SR-P None S2 G5 Haywood-
Link
Historical
Vascular
Plant Poa palustris Swamp Bluegrass SR-P None S1 G5 Haywood- Link
Historical -
Vascular
Plant Poa saltuensis A Bluegrass SR-P None S1 G5 Haywood- Link
Current
Vascular
Plant Potamogeton nodosus American Pondweed SR-D None SH G5 Haywood- Link
Historical -

Plant ascular
V
Prenanthes alba
White Rattlesnakeroot
SR-P
None
S2?
G5
Haywood-
Link
Historical -
Vascular
Plant Pycnanthemum torrei Torrey's Mountain-mint SR-T FSC S1 G2 Haywood-
Link
Historical
Vascular
Plant Rhododendron vaseyi Pink-shell Azalea SR-L None S3 G3 Haywood-
Link
Current
Vascular
Plant Robinia hispida var. kelseyi Kelsey's Locust SR-O None S1 G4T1 Haywood
Link
Historical
Vascular
ant Rubus idaeus ssp. strigosus Red Raspberry SR-P None S2? G5T5 Haywood-
Link
0 Current
ascular Rugelia nudicaulis Rugel's Ragwort (=Cacalia T - FSC S3 G3 Haywood-
Plant rugelia) Current Link
Vascular
Plant Saxifraga caroliniana Carolina Saxifrage SR-T FSC S3 G3 Haywood
Link
Current
NC NHP County Element Search
Page 6 of 7
Vascular
lant Silene ovata Mountain Catchfly SR-T FSC S3 G3 Haywood- Link
Current -
Vascular
Plant
Plant Solidago uliginosa Bog Goldenrod SR-P None S1S2 G4G5 Haywood
Link
Current -
Vascular
Plant Spiranthes ochroleuca Yellow Ladies'-tresses SR-P None S1 G4 Haywood- Link
Historical -
Vascular
Plant Stachys clingmanii Clingman's Hedge-nettle SR-T None SH G20 Haywood- Link
Historical -
Vascular
Plant Streptopus amplexifolius White Mandarin SR-P None S1 G5 Haywood-
Link
Current
Vascular
Plant Tofieldia glutinosa Sticky Bog Asphodel SR-P None S2 G5 Haywood- Link
Current -
Vascular
Plant Trichophorum cespitosum Deerhair Bulrush SR-D None S2S3 G5 Haywood- Link
Current -
Vascular
Plant Trientalis borealis Starflower SR-P None S1 G5 Haywood- Link
Current -
Vascular Trillium pusillum var. Alabama Least Trillium Haywood-

Plant
ozarkanum
(=Trillium pusillum var. 1) E FSC S1 G3T3
Historical Link
-
Vascular
Plant Trillium simile Sweet White Trillium SR-L None S2 G3 Haywood- Link
Current -
Vascular
Plant Vaccinium macrocarpon Cranberry SR-P None S2 G4 Haywood- Link
Current -
Vertebrate
Aegolius acadicus pop. 1 Southern Appalachian
T
FSC
S26
S2N G5TNR Haywood-
Li
k
Animal Northern Saw-whet Owl , Current n
Vertebrate
Animal Catharus guttatus Hermit Thrush SR None S2B,S5N G5 Haywood -
Link
Current
Vertebrate
Animal Certhia americana Brown Creeper SC None S3B,S5N G5 Haywood-
Link
Current -
Vertebrate
nimal Coccyzus erythropthalmus Black-billed Cuckoo SR None S213 G5 Haywood-
Link
Current
Vertebrate
Animal Contopus cooperi Olive-sided Flycatcher SC FSC SUB G4 Haywood-
Link
Current
Vertebrate Corynorhinusrafinesquii Rafinesque's Big-eared Haywood-
Animal
rafinesquii
Bat - Mountain Subspecie T
s FSC S2 G3G4TNR
Current Link
--
Vertebrate
Animal Crotalus horridus Timber Rattlesnake SC None S3 G4 Haywood-
Link
Obscure
Vertebrate
Animal Cryptobranchus alleganiensis Hellbender Sc FSC S3 G3G4 Haywood- Link
Current -
Vertebrate
Animal Dendroica cerulea Cerulean Warbler SR FSC S26 G4 Haywood-
Link
Current
Vertebrate
Animal Dendroica magnolia Magnolia Warbler SR None S1S2B G5 Haywood-
Link
Current
Vertebrate Imitator Salamander -

Animal
Desmognathus imitator pop. 1
Waterrock Knob
SR
None
S1
G3G4T1 Q Haywood-
Link
Population Current -
Vertebrate
A
i
l Desmognathus santeetlah Santeetlah Dusky SR None S2S3 G3G40 Haywood- Link
n
ma Salamander Current -
Vertebrate
Animal Desmognathus wrighti Pigmy Salamander SR FSC S3 G3G4 Haywood- Link
Current ----
Vertebrate
Animal Empidonax alnorum Alder Flycatcher SR None S213 G5 Haywood- Link
Current -
Vertebrate
Animal Eumeces anthracinus Coal Skink SR None S2S3 G5 Haywood-
Link
Current
Vertebrate
Animal Eurycea longicauda Longtail Salamander SC None S1S2 G5 Haywood-
Link
Current ----
Vertebrate
Animal Falco peregrinus Peregrine Falcon E None S1 B,S2N G4 Haywood-
Link
Current
rtebrate
O Glaucomys sabrinus coloratus Carolina Northern Flying E E S2 G5T1 Haywood-
nimal Squirrel Current Link
Vertebrate
Animal Haliaeetus leucocephalus Bald Eagle T None S3B,S3N G5 Haywood-
Link
Current
Vertebrate Loxia curvirostra pop. 1 Southern Appalachian Red SC FSC S3B,S3N G5TNR ' Link
Haywood-
NC NHP County Element Search
Page 7 of 7
Wnimal Crossbill Current
Vertebrate
Animal Microtus chrotorrhinus
carolinensis Southern Rock Vole SC FSC S3 G4T3 Haywood- Link
Current -
Vertebrate
Animal Mustela nivalis Least Weasel SR None S2 G5 Haywood- Link
Current -
Vertebrate
Animal Myotis grisescens Gray Myotis E E Si? G3 Haywood- Link
Current -
Vertebrate
A
i
l Myotis leibii Eastern Small-footed SC FSC S3 G3 Haywood- Link
n
ma Myotis Current -
Vertebrate Myotis septentrionalis Northern Long-eared SC None S3 G4 Haywood- Li
k
Animal Myotis Current n
-
Vertebrate
Animal Myotis sodalis Indiana Myotis E E Si? G2 Haywood- Link
Historical --
Vertebrate
Animal
Neotoma floridana haematore Eastern Woodrat -
ia Southern Appalachian
SC
FSC
S3
G5T4Q Haywood-
Link
Population Current -
Vertebrate
Animal Plethodon ventralis Southern Zigzag
Salamander SC None S1 G4 Haywood- Link
Current -
Vertebrate
A
i
l Poecile
atricapi!!us practica Southern Appalachian SC
FSC
S3
G5TNR Haywood-
Link
n
ma Black-capped Chickadee Current
Vertebrate
Animal Pooecetes gramineus Vesper Sparrow SR None S2B,S2N G5 Haywood- Link
Current -
Vertebrate
Animal Pseudacris brachyphona Mountain Chorus Frog SC None S1 G5 Haywood- Link
Current -
Vertebrate
Animal puma concolor couguar Eastern Cougar E E SH GSTHQ Haywood- Link
Historical -
Vertebrate
Animal Sander canadensis Sauger SR None S2 G5 Haywood- Link
Obscure -
?ertebrate
nimal Sorex dispar Long-tailed Shrew SC None S3 G4 Haywood - Link
Current -
Vertebrate
Animal Sorex palustris punctulatus Southern Water Shrew SC FSC S2 G5T3 Haywood-
Link
Current
Vertebrate Sphyrapicus varius Appalachian Yellow-bellied Sc Haywood-

Animal
appalachiensis
Sapsucker FSC S3B,S5N G5TNR
Current Link
-
Vertebrate S Ivila us obscurus Appalachian
Cottontail
SR
FSC
S3
G4 Haywood-
Link
Current
Vertebrate
Animal Thryomanes bewickii altus Appalachian Bewick's
Wren E FSC SHB G5T2Q Haywood-
Link
Historical
NC NHP database updated on Monday, January 28th, 2008.
Search performed on Tuesday, 11 March 2008 @ 07:37:54 ED ST
Explanation of Codes
0
•
APPENDIX B
Pedestrian Plant Survey Species List
U
r?
L_J
15
•
•
•
Scientific Name
Acer pennsylvanicum
Acer rubrum
Adiantum pedatum
Aruncus dioca
Betula lutea
Cardamine pensylvanica
Carex sp.
Chelone sp.
Chimaphila maculata
Cimicifuga racemosa
Cornus alternifolia
Dryopteris marginalia
Fagus grandiflora
Heuchera sp.
Hydragnea arboresecens
Ilex opaca
Lindera benzoin
Liriodendron tulipfera
Lobelia cardinalis
Monarda didyma
Oxydendrum arboreum
Picea rubens
Pinus strobes
Polystichum acrostichoides
Quercus alba
Quercus coccinea
Quercus prinus
Quercus rubra
Quercus velutina
Ranunculus recurvatus
Rhododendron maximum
Rhododendron viscosum
Rudbeckia lacinata
Sambucus canadensis
Saxifrage micranthidifolia
Senecio aureus
Toxicodendron radicans
Tsuga canadensis
Common Name
striped maple
red maple
maiden hair fern
goat's beard
yellow birch
Pennsylvania bittercress
sedge
turtle heads
spotted wintergreen
black cohosh
alternate leaf dogwood
marginal shield fern
American beech
alum root
wild hydrangea
American holly
spicebush
tulip poplar
cardinal flower
red bee balm, Oswego tea
sourwood
red spruce
eastern white pine
Christmas fern
white oak
scarlet oak
chestnut oak
red oak
black oak
beaked buttercup
rosebay rhododendron
swamp azalea
cutleaf coneflower
elderberry
lettuce-leaf saxifrage
golden ragwort
poison ivy
Canada hemlock
16
0 APPENDIX C
Site Photographs
•
E
17

•
n
19
Photo 1. Picture of Rich Cove Forest (Montane Intermediate Subtype).
Photo 2. Picture of Rich Cove Forest with Acidic Cove Forest in background.
•
•
•
Photo 3. Habitat borders between Acidic Cove Forest (Typic Subtype) and Rich Cove.
20
Fnoto 4. Kich Cove Forest (13oulderfield Subtype) with vertical rock outcrops.

•
•
21
Photo 5. Rich Cove Forest (Boulderfield Subtype) with moss covered boulders.
11noto b. Kich Montane Seepage Slopes (Cove Subtype) within Rich Cove Forest.
•
•
•
22
Photo 7. Rich Montane Seepage Slopes (Cove Subtype) within Acidic Cove Forest.
rnoto 6. seepage dope Mora with ,S'enecio aureus and Saxifrage micranthidifolia.
•
•
•
23
Photo 9. Picture of Riparian habitat with creek bed boulder substrate.
rnoto 1 U. Picture of Riparian boulder habitat within Acidic Cove Forest.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007-02364-344 County: Haywood
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Cobalt Development Group
Attn: Mr. Michael Posey
Address: 76 Kimberely Avenue
Asheville, NC 28804
Size and location of property (water body, road name/number, town, etc.): The project area is located
on a 300-acre tract of land known as Sunset Falls at Bald Creek. This property is on James Chapel
Road near Crabtree in Haywood County, North Carolina. Coordinates for the site are 35.6388
north and 82.8808 west.
Description of projects area and activity: The permittee is authorized to permanently impact 283.25
linear feet and temporarily impact 100 linear feet of unnamed tributaries to Little Creek in order
construct roads for the future residential development. Road crossing #6 and the 2 ford crossings
(100 if of impact) were constructed without authorization from this office. The 2 ford crossings will
be removed and the stream will be restored to preconstruction contours within 30 days of
completion of construction activities.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29 and 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, conditions 1-8 of the attached letter from the North Carolina Wildlife Resources Commission,
your submitted plans, and the following special conditions:
1. You shall mitigate for the unavoidable impacts to 283.25 linear feet of stream associated with this
project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount
necessary to perform restoration to 141 linear feet of cold stream in the French Broad River Basin
(Cataloging Unit 06010106). Construction within jurisdictional areas on the property shall begin only after
the permittee has made full payment with certified check to the NCEEP, and the NCEEP has made written
confirmation to the District Engineer, that it agrees to accept responsibility for the mitigation work required,
pursuant to Paragraph IV.D. of the Memorandum of Understanding between the North Carolina
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers, Wilmington
District, dated November 4, 1998.
2. You shall, within 60 days of the date of this verification letter, execute and cause to be recorded
restrictive covenants, the form of which is to be agreed upon by the Corps prior to recordation. The
restrictive covenant will reflect the following: preservation of 7,793 linear feet of on-site streams with a 30'
buffer on each side from top of bank. The permittee shall furnish the Corps with a copy of the recorded
restrictive covenants within 60 days of the date of recordation.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order and/or appropriate legal action.
Please be advised that if any other impacts to waters of the United States are proposed at a later date, those
impacts will be combined with the current impacts and will be reviewed cumulatively. Cumulative permanent
impacts of more than 0.5 acre of wetland and/or 300 linear feet of stream will be processed under an Individual
Permit. Depending on the number and/or type of impacts proposed in the. future, you may be required to conduct
surveys for federally listed species, in accordance with the Endangered Species Act, and/or historic and
archaeological resources, in accordance with the National Historic Preservation Act.
-2-
•
This verification of the use of Nationwide Permits 29 and 33 does not imply that this office will necessarily
approve any future proposal to impact waters of the United States on this property/development site. Additionally,
if additional impacts to jurisdictional waters of the United States on this property are proposed at a later date, the
existence of the impacts that have been authorized by this verification letter cannot be citied as the sole reason for
eliminating any avoidance or minimization alternatives.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
• This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Lori Beckwith at 828-271-7980.
Corps Regulatory Official: Lori Beckwith \1 A0 Date: September 25, 2007
Expiration Date of Verification: September 25, 2009
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 the attached customer Satisfaction Survey or visit
http://www.saw.usace.army.mil/WETLANDS/index htrnl to complete the survey online.
0
-3-
•
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of the United States within the above described project area 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.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(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.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and are adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channels on the property are unnamed tributaries to Little Creek which flows into the French Broad River.
• Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. 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:
District Engineer, Wilmington Regulatory Program
Attn: Lori Beckwith, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 331.5, 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 within 60
days from the Issue Date below.
**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: Lori Beckwith
Issue Date: September 25, 2007
Expiration Date: Five years from Issue Date
• SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Fumished: ClearWater Environmental Consultants, Inc., Attn: Mr. Clement Riddle, 718 Oakland
Street, Hendersonville, NC 28791
•
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Permit Number: 2007-02364-344
Permit Type: NW29 and 33
Name of County: Haywood
Name of Permittee: Cobalt Development Group, Attn: Mr. Michael Posey
Date of Issuance: September 25, 2007
Project Manager: Lori Beckwith
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
•
I

Applicant: Cobalt Development Group, Attn: File Number: 2007-02364-344 Date: September 25, 2007
Mr. Michael Posey
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
O
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INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
•
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization- If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
.APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
I E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
• `ormation for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the I If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
.ri Beckwith, Project Manager Mr. Michael F. Bell,
7 SACE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
Date: . I Telephone number:
Signature of appellant or
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Lori Beckwith, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
• For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801
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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
August 28, 2007
Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality
2090 U.S. Highway 70
Swannanoa, NC 28778
SUBJECT: Mr. Michael Posey, Cobalt Development Group
Nationwide Permit Application
• Sunset Falls at Bald Creek, Phase 1
Haywood County
DWQ No. 07-1281
Dear Ms. Beckwith and Ms. Karoly:
Clearwater Environmental Consultants requested on behalf of Mr. Michael Posey of Cobalt Development
Group a letter of concurrence from the North Carolina Wildlife Resources Commission (Commission) for
a 404 Permit from the U.S. Army Corps of Engineers (ACOE). I visited the project site on August 27,
2007. Comments from the Commission are provided under provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
The project involves 283 feet of permanent culverts and 100 feet of temporary culverts and fords in Little
Creek and tributaries to develop Phase 1 of the Sunset Falls at Bald Creek subdivision near Crabtree in
Haywood County. The temporary impacts have already occurred. There is a wetland seep near impact site 3
where the new road would be constructed, but no wetland impacts are specified in the application.
The Commission recommends that unavoidable impacts to waters on developing properties be permitted in
their entirety with comprehensive planning and compensatory mitigation. This is because phased permitting
can cause excessive or avoidable impacts when roads in the initial phase/s do not thoroughly evaluate road
extensions and the locations of streams, wetlands, and other sensitive areas in later phases. Moreover, a
stream and riparian area in the initial phase/s may be suitable for mitigating the remainder of the
development. However, that opportunity may be lost if the area is already subdivided and sold by the time
the mitigation becomes necessary. Comprehensive planning can avoid these difficulties as well as allow a
• more efficient and timelier development sequence.
iviawug [iuuress: livision of lniana rishenes • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Posey, Cobalt Development Group Page 2 August 28, 2007
Haywood County
Wild rainbow and brown trout occur in Bald Creek upstream of its confluence with Little Creek. Trout were
not found in Little Creek. Little Creek and its tributaries on the property have been scoured and have
considerable fine sediments; these conditions appear to be recently caused. The tributaries are too small for
fish. The project should not harm trout spawning provided the contribution of fine sediments to downstream
areas are minimized with best management practices. However, adherence to Final Regional Condition 1.2
(trout moratorium) is advisable as a conservative measure as well.
The Commission can concur with a permit for the project if the following recommended conditions are
attached and used to help conserve fish and wildlife resources:
1. The mitigation plan is revised so that credit through the Ecosystem Enhancement Program involves
cold water, not cool water. The preservation of all remaining stream channels and riparian areas on
the property is recommended.
2. If impacts to waters in this development are permitted in phases, as planned, then impacts for the
entire development are considered cumulatively and mitigated, as necessary, in the future.
3. The Nationwide and Final Regional conditions are adhered to. To the extent possible, this includes
avoiding stream disturbance from October 15 to April 15 as specified in 1.2 of the Final Regional
Conditions.
4. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible after ground disturbance. Erosion
control matting is used with seeding on disturbed stream banks and is anchored with staples, stakes,
or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
5. The temporary culverts are removed according to a set timetable and the stream channels restored to
near natural conditions so that sediment transport capacity is restored. The temporary impact at site 5
has caused considerable channel widening and loss of surge stone from erosion into the creek.
6. Any concrete work is isolated from water because uncured concrete can kill aquatic life.
7. Rock, sand, or other materials are not excavated from stream channels except in the immediate
permitted areas. The natural dimension, pattern, and profile of the channels upstream and
downstream of any stream crossings are not modified.
8. Sandbags, flexible pipe, or other stable diversion structures are used to avoid excavation in flowing
water.
9. Storm water is directed to vegetated buffer areas (e.g. level spreaders) or retention basins and not
routed directly to streams as concentrated flow. Drop inlets for st6rmwater are not constructed on
streams.
10. Any rock that is used for inlet or outlet stabilization is clean and limited to the stream banks below the
high water mark and vegetation is used above. Rock is not placed in stream channels in a manner that
obstructs fish passage.
11. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Native woody
vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) is
replanted upstream and downstream of stream crossings to provide bank stability and shading if
vegetation is removed during construction.
12. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
13. Hydroseed mixtures and wash-waters do not reach streams.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
0
Posey, Cobalt Development Group Page 3 August 28, 2007
Haywood County
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Michael Posey, Cobalt Development Group
Mr. Kevin Barnett, NC Division of Water Quality, Asheville
•
0
Michael F. Easley, Governor
•
•
Mr. Michael Posey
Cobalt Development Group
36 Kimberely Avenue
Asheville, NC 28804
Subject Property: Sunset Falls At Bald Creek - AFTER-THE-FACT
Little Creek [040305, 5-22-2-3, C]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Posey:
DWQ Project #>! 07-1281
Haywood County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 383 linear feet of perennial stream (283 linear feet permanent impact and 100
linear feet temporary impact) as described in your After-the-Fact application dated July 15, 2007, and
received by the Division of Water Quality (DWQ) on July 26, 2007, with additional information received
from you on September 20, 2007, and October 17, 2007, to construct the proposed residential
development. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3627, 3631 and 3634(GC3627, GC3631 and 3634). The
Certification(s) allows you to use Nationwide Permit(s) NWI4, NW29 and NW33, respectively, when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts 'to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 1 SA
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. - Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
NonehCarobna
401 Oversight/Express Review Permitting Unit ?t??rllr/?f
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 d v??
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
William G. Ross Jr., Secretary
North Carolina Department_of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 6, 2007
Cobalt Development Group
Page 2 of 5
November 6, 2007
0
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 383 [(linear feet) 283 linear frmanent
im act and 100 linear feet tem impact]
fpQrary PCN page 9 of 14
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification: All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sedikeht and Erosion Control Manual. The devices
shall be maintained on all construction site'; borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
• c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet 141 linear feet of stream mitigation
requirement and the balance io be addressed as stream preservation via a permanent conservation
easement (per the USACE guidelines which includes a 30-foot stream buffer as shown on map
titled Sunset Falls At Bald Creek Phase I Impact Map, dated 06/25/07) of 7,793 linear feet of
stream (17:1 preservation ratio). These methods have been determined by the DWQ to be
suitable methods to meet the mitigation requirement. Until the EEP receives and clears your
check (made payable to: DENR - Ecosystem Enhancement Program Office) and the DWQ
receives your recorded conservation easement and final conservation easement map, no impacts
specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-
5205 if you have any questions concerning payment into a restoration fund. You have 60
calendar days from the date of this approval to make this payment. For accounting purposes,
this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to
meet the following compensatory mitigation requirement:
Cobalt Development Group
Page 3 of 5
November 6, 2007
r?
L
Type of Impact Compensatory Mitigation Required
Stream - perennial 283 (linear feet)
River and Sub-basin Number
French Broad/06010106
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
11
•
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.nedot.orWdoli/operationsBMP manual/downloadBMP Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered: Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner t at will cause aggradation or erosion of the stream up
11.,..
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Therefore, you must provide plans with adequate details that indicate that the current stability of the
stream will be maintained or enhanced. You must receive written approval from this Office for the
above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be;conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
Cobalt Development Group
Page 4 of 5
November 6, 2007
• completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon corripletion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
• Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the/Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-7 X1786.
S' ely,
Coleen Sullins, Director
Division of Water Quality
CHSlijm
Enclosures: GC3627, GC3631 and 3634
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, C1earWater Environmental Consultants, Inc., 718 Oakland Street,
Hendersonville, NC 28791
Filename: 071281 SunsetFallsAtBaldCreek(Haywood)401
D?O? W A ??9QG Michael F. Easley, Governor
0 ? William G. Ross Jr., Secretary
?- North Carolina Department of Environment and Natural Resources
,5WN __q
Coleen H. Sullins-Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, to the City of Raleigh has permission as outlined below to fill or
otherwise impact 383 linear feet of perennial stream (283 linear feet permanent impact and 100 linear feet
temporary impact) as described in your After-the-Fact application dated July 15, 2007, and received by the
Division of Water Quality (DWQ) on July 26, 2007, with additional information received from you on September
20, 2007, and October 17, 2007, to construct the proposed residential development, in Crabtree, Haywood County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20071281
LOCATION: Crabtree
COUNTY Haywood
BASIN/ SUB BASIN French Broad/06010106
As required by 15A NCAC 211.0500, and the conditions of this Certification, you ate required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
• the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation.
283 Linear Feet of Perennial Stream 141 I:,inear Feet of Perennial Stream*
- auw w uc auuicsscu lnrUupii Onslte restoraiion
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a.fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071281SunsetFallsAtBaldCreek(Haywood)401 EEP
No
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 V
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
Certification of Completion
0
jWQ Project No.:
Applicant: _
Project Name:
)County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary-to send
certificates from all of these.'
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Oignature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, .having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
On Registration No. Date
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Owstem
PROGRAM
March 30, 2009
Michael Posey
Cobalt Development Group
76 Kimberly Ave
Asheville, NC 28804 Expiration of Acceptance: December 30, 2009
Project: Sunset Falls at Bald Creek County: Haywood
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal. or local
P-oven mentpermits. regulations or authorizations associated with the proposed activity including SL 2008-152: An Act to. Promote
Compensatory Mitigation by Private-Mitigation Banks
This acceptance is valid for nine 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/LAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP 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 to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer II
• Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact French 06010106 0 502 0 0.5 0 0 0 0
Broad
Credits French 06010106 0 1,004 0 1.0 0 0 0 0
Broad
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Willi D. Gilmore,
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Lori Beckwith, USACE-Asheville
Kevin Barnett, NCDWQ-Asheville
Clement Riddle, agent
File
K*or ' ... E ... Protect' our Itate
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RMENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep_net