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HomeMy WebLinkAbout20061944 Ver 1_Public Notice_20070129OLD -�R41+ M PUBLIC NOTICE US Army Corps Of Engineers Wilmington District Issue Date: 25 January 2007 Comment Deadline: 23 February 2007 Corps Action ID #: 2007-00110-350 The Wilmington District, Corps of Engineers (Corps) has received an application from Lonesome Valley Development, LLC, represented by Mr. Shane Robichaud, seeking Department of the Army authorization to impact waters of the United States in order to construct Phase II of the Lonesome Valley residential subdivision in Jackson County, North Carolina. The proposal would permanently impact 0.013 acre of wetlands and 444 linear feet (0.053 acre) of stream for road construction. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at www.saw.usace.army.mil/wetlands Applicant: Lonesome Valley Development, LLC Attention: Mr. Shane Robichaud 94 Lonesome Valley Road Post Office Box 3269 Cashiers, North Carolina 28717 Agent: Clear Water Environmental Consultants, Inc. "� "� D Attention: Mr. Clement Riddle �•�' 718 Oakland Street JAN 2 � 2 07 Hendersonville, North Carolina 28791 4.iil Cr uUHL11Y arr LAWD$,,A9TCRMWATERSWCH Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 U.S.C. 1344). Location The 613 -acre project site is located at latitude 35 7 51.5 north and longitude 83 3 46.2 west, near the City of Cashiers, Jackson County, North Carolina. From U.S. Highway 64 in Brevard, travel west toward Cashiers, N.C. After crossing the Lake Toxaway Falls on Highway 64, travel approximately 9 miles west. The site is located on the northern side of Highway 64. The entrance is marked with two stone pillars on either side of the entrance road. Existing Site Conditions The entire Lonesome Valley development is 788 -acres in size. The proposed project, Phase II of the Lonesome Valley development, is 613 -acres in size. The site is bordered by US Highway 64 to the south and private second home resort communities to the east, west, and north. US Highway 64 provides the primary access to the site. This 613 -acre tract primarily consists of mature forest (70%) and is undeveloped. Elevations range from approximately 3,620 feet to 4,150 feet. The project site contains Logan Creek and numerous unnamed tributaries, all of which drain into Logan Creek. Logan Creek flows into the Horsepasture River just south of US Highway 64. Logan Creek is classified as a Trout Water by the NC Division of Water Quality. The 613 -acre tract contains 0.6 acres of jurisdictional wetland and 38,335 linear feet of perennial and intermittent streams. The project site contains 7 different habitat types. These habitat types include high elevation granitic dome, montane alluvial forest, montane oak -hickory forest, mixed pine/hardwood forest, maintained meadow, wetlands, and stream bed and bank. Applicant's Stated Purpose To develop a residential community and associated amenities. Project Description The proposed project consists of permanently impacting 0.013 acre of wetlands and 444 linear feet (0.053 acre) of stream for road construction. These proposed impacts would allow the construction of Phase II of the Lonesome Valley residential subdivision and represent the final phase of the master plan for this development. The primary purpose for this project permit is to build roads that will provide access to the new residential and amenity areas of Lonesome Valley. These roads will require twenty-two stream crossings, thirteen of which have impacts. Impacts associated with these roads will be minimized as two of the crossings are at locations where there is an existing culvert. These two 20 foot culverts will be replaced with 35 foot and 37 foot culverts. Nine bridges/half pipe culverts are also being planned as a way to minimize impacts. There is a total proposed impact of 444 linear feet to perennial and intermittent streams and 0.013 acres of wetlands resulting from twelve road crossings. There are no proposed permanent or temporary impacts to streams or wetlands onsite resulting from the installation of utilities. It is the intent of the applicant to bring electricity and sewer to the site underground and within the existing road right of ways. In the event that utility lines must cross jurisdictional areas, impacts will be temporary and crossings will be conducted following the USACE and NC Division of Water Quality guidelines and conditions of Nationwide Permit 12, as well as conditions of this Individual Permit. 2 Version 11/14/06 As mitigation, the application proposes to avoid and preserve 37,891 linear feet of stream, the remaining 0.587 acre of wetlands and approximately 57 acres of upland buffers with a minimum width of 25 feet. The applicant also proposes to restore approximately 570 linear feet of perennial and intermittent stream that is currently flowing down an unnamed tributary of Logan Creek. By evaluating the existing stream channel, a new stream channel will be designed using Natural Stream Channel Design methods (Rosgen) to restore a natural dimension, pattern, and profile to the channel. • Restoration 570 linear feet perennial and intermittent stream 1.4:1 ratio • Preservation 37,891 linear feet perennial and intermittent 85:1 ratio stream with minimum 25 foot buffer 0.587 wetlands with minimum 25 foot buffer 45:1 ratio Upon conditional approval, the applicant's stream restoration consultant (Buck Engineering) will prepare final stream restoration designs and plans. These final plans will be submitted to the USACE and NCDWQ to be approved prior to any proposed impacts occurring. Implementation of the mitigation plan will begin immediately upon issuance of a 401 Division of Water Quality Certification and USACE Section 404 Permits on a schedule based upon the growing season. Stream mitigation (preservation and restoration) will be protected in perpetuity under restrictive covenants. A previous Nationwide Permit (NWP) (file number 200531949) was issued in July 2005 for impacts that facilitated the development of Phase I. Permanent impacts included culverting approximately 146 linear feet of streams for road access, filling approximately 0.03 acre of wetlands for pond construction/expansions, and stabilizing 75 linear feet of eroding bank of Logan Creek. Temporary impacts were associated with four utility crossings of Logan Creek. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice combined with appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by February 23, 2007. Version 11/14/06 Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps is not aware of the presence of species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. A final determination on the effects of the proposed project will be made upon additional review of the project and completion of any necessary biological assessment and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service." Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. 4 Version 11/14/06 Commenting Information The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidate State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, February 23, 2007. Comments should be submitted to Ms. Lori Beckwith, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina, 28801-5006. 5 Version 11/14/06 ��)" S �tl 1, I � �'1 ! r `•� '� as 2dg . r I -" `1a �i � = r '� 1 �tyD g � .,isn 1 1?`41 V. }t`i(14111r P 11 jlr } 1 ij �' r' ��; •tI _ a o.a uec �+1(��51 i�r� v� � i,{I� n�ll�r ' I' r n+. 141,1 ''t 1 ' • � /u _g T fe+Se �+al f I yrs .11` ' }/Sll ( r~ _!t t c«�xaw• w 1.LIsn1 I h I( ,1( llju,l I\ f t I -t �.rBaauuwrt G v ry \ \, �_ n'� y ,'Ic�Ir�j��iilr� niasiluBfro°unrn' IIIII}5\\�1� )fJ r � � r 1 {11 _ ti! II t\; � :�' j'I i 1---. r 1 � � ri '-j ' �� I I� . r "}Hole nw'j I � I Y.: •G.. w�i t - • �r i 1 III r t ` tqs riayBe �' 1 I r :jlr °r iwe eep , / I i� � i, �: � •' GIy 9. � � I �• , f� j II ri ,1 %' I � 1t , D!r,,ra bu l' 1 ,1111 I µ I I �' � . 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USGS Topographic Site Map Jackson County 718 Oakland Street North Carolina Hendersonville, NC 28791 Figure 2 828-698-9800 1J 0 P 0 O In M 0 0 0 0 m WILLIAM G. LAPSLEY & ASSOCIATES, P.A. CONSULTING ENGINEERS & LAND PLANNERS WOJA1635 Asheville Highway. Post Office Box 546 NC Hendersonville, NC 28793 (828) 697-733.4 www.wgla.com ' z z E � � \6 N � 9 $ N N � 'aO ti e WILLIAM G. LAPSLEY & ASSOCIATES, P.A. CONSULTING ENGINEERS & LAND PLANNERS WOJA1635 Asheville Highway. Post Office Box 546 NC Hendersonville, NC 28793 (828) 697-733.4 www.wgla.com LONESOME VALLEY JACKSON COUNTY CASHIERS NORTH CAROLINA g g / c,;'— v X O m n -i C n OVERALL MAP OF PHASE 2 STREAM AND WETLAND IMPACTS SCALE: I"= N.T.S. Figure 4 ' COQ 7 N � 9 $ N N � 'aO n n µ a o a p i a QTµ o � � H - LONESOME VALLEY JACKSON COUNTY CASHIERS NORTH CAROLINA g g / c,;'— v X O m n -i C n OVERALL MAP OF PHASE 2 STREAM AND WETLAND IMPACTS SCALE: I"= N.T.S. Figure 4 LES ® WVDCE/HALP PIPE'CROSSING W/ h7APORARY IMPACT PERMANINT ® STREAM/WER.ANDS IMPACT (ROADWAY CROSSING) �+ STREAMS Q 75' BIRFM WETLANDS CREEK SPACE .�- PROPOSm ROADS IMPACT #13 — PROPOSED LOT UNE PROPOSED 17' IMPACT (EXISTING 20' CULVERT REPLACED WITH 37' CULVERT) IMPACT #12 PROPOSED 37' IMPACT IMPACT #11 PROPOSED 30' IMPACT (SPA DRIVE) PROPOSED 30' IMPACT DRIVE)j 4� IMPACT #9 PROPOSED 35' IMPACT i WILLIAM G. LAPSLEY & ASSOCIATES, PA. SHEET I CONSULTING ENGINEERS & LAND PLANNERS LONESOME VALLEY PHASE 2 STREAM 1635 Asheville Highway JACKSON COUNTY AND WETLAND IMPACTS Post Office Box 546 CASHIERS Hendersonville, NC 28793 NORTH CAROLINA (828) 697-7334 SCALE: I"= 400 —� a– www.wgia.com 4 otP— j a— Figure 4.1 Li- 6RDC /IULF PPE -G == SIREAMS Q WE.ANGS PROPOSED ROADS W/ 7 ORARY WACr LFGEN SIRF�/N RANDS TS BVFFER ® GREEN SPACE -- PROPOSED lDr UNE MillIMPACT (ROADWAY CROSSMO) PREUMINARY /�/� � � / 1/ / ii � � xor rDx corisrctocrtoa WILLIAMG. LAPSLEY & ASSOCIATES, PA SHEET 2 CONSULTING ENGINEERS & LAND PLANNERS LONESOME VALLEY PHASE 2 STREAM 1635 Asheville Highway JACKSON COUNTY ,AND WETLAND IMPACTS Post Office Box 546 CASHIERS No Hendersonville, NC 28793 Omani (828) 697-7334 NORTH CAROLINA SCALE: I"= 400' www.wgla.com /' i / Figure 4.2 O O r Q r tp 0o ri Jo N a CV O) cc .0 CL CL CC E U 03 CL E O 3 v M O) LL U O) �O C6 m a� E 0 D`3 0 0 t— Q LU O re g ul w CD ZD PRELIMINARY NOT FOR CONSTROCrxlx LEGENI2 6=GE/RAtF PPE CROSSING W/ TEMPORARY WPACT PERMANENT STREAM/WERANDS WPACT (ROADWAY CROSSING) �® STREANS Q 29 BUFFER WnARDS ® GREEN SPACE .� PROPOSM ROADS - PROPOSED LOT UNE IMPACT REVISION #14 PREVIOUSLY PERMITTED PHASE 1 IMPACTS WETLAND FLOODING 0.015 AC WETLAND FILL 0.005 AC CHANGED TO WETLAND FILL 0.034 AC WILLIAM G. LAPSLEY & ASSOCIATES, P.A. SHEET 3 CONSULTING ENGINEERS & LAND PLANNERS LONESOME VALLEY PHASE 2 STREAM 1635 Asheville Highway JACKSON COUNTY AND WETLAND IMPACTS Post Office Box 546 CASHIERS VOW Hendersonville, NC 28793 NORTH CAROLINA (828) 697-7334 SCALE: 1"= 400' www.wgIa.com 16 9 /C�11- Figure 4.3 IMPACT #8 PROPOSED 35' IMPACT IMPACT�7 PROPOSED 15' IMPACT (EXISTING 20' CULVERT REPLACED WITH 35' CULVERT) 0 0 m 2Y WWM cT C Q WEMNDS r M MEN SPACE s, A2 ``m 10 O PROPOSED ROADS O N MOPOSED LAT UNE CO a PRELIMINARY J NOT 70RNOT COHSlROCTLON C4 uJ I EGENn r W ®tlWDGE/HAIF PSE CRt}SSONG � N/ TF)APORARY IAPACT CL (O Post Office Box 546 V7 PSWANW ® 11= ccO (ROADWAY CROSSING) E www.wgla.com 3 m 2Y WWM i% mQ WEMNDS 'o d MEN SPACE s, A2 f0 PROPOSED ROADS N E: MOPOSED LAT UNE O c PRELIMINARY J NOT 70RNOT COHSlROCTLON F- uJ WILLIAM G. LAPSLEY & ASSOCIATES, P.A. CONSULTING ENGINEERS & LAND PLANNERS g 1635 Asheville Highway Post Office Box 546 Hendersonville, NC 28793 (828) 697-7334 W www.wgla.com 6: IMPACT #b6 PROPOSED 75' IMPACT LONESOME VALLEY JACKSON COUNTY CASHIERS NORTH CAROLINA IMPACT �5 PROPOSED 30' IMPACT SHEET 4 PHASE 2 STREAM AND WETLAND IMPACTS SCALE:• I"= 400' Figure 4.4 U - I IMPACT #1 - PROPOSED 35' IMPACT IMPACT ##2 PROPOSED 35' IMPACT W --7IMPACT PRELIbQNARY NOT FOR CONB'PR =ON #3�- PROPOSED 35' IMPACT BRIDGE/MF PIPE CROSSING ea�aa STREAMS ,. W/ h'11PCRARY IMPACT y�DS PROPOSED ROADS IMPACT J4 LEGEND ® st� /ANENT Ds 02W SM -ER � �� SPACE - PROPOSED WT UNE PROPOSED 35' IMPACT IMPACT (ROADWAY CROSSPIG) WILLIAM G. LAPSLEY & ASSOCIATES, P.A.. SHEET 5 CONSULTING ENGINEERS & LAND PLANNERS LONESOME VALLEY PHASE 2 STREAM 1635 Asheville Highway JACKSON COUNTY AND WETLAND IMPACTS Post Office Box 546 CASHIERS =� Hendersonville, NC 28793 (828) 697-7334 NORTH CAROLINA SCALE: I"= 400 rte- www.wgia.com F 64� A�1- Figure 4.5 CD P4 9 0 N a 3 v CV N CA CO L CL CL C13 E U m G. E 3 v H CU LL U g y N 0 ►�— U w 0 g 0 W W LL 7 z q l Figure 4.6 • ® BMOCE~ PIPE CROSSM �a STREAMS W/ 7MPORARY WACT Q WMLMN PROPOSED ROADS PRE' LIMINARY LEGEND Sffm/WEXANDS 25' BUFFER ® GREM SPACE - PROPOSED LOT LWE N0T POB CON9PRUCTR) OWACT (ROADWAY CROSSWD) WILLIAM G. LAPSLEY & ASSOCIATES, P.A. SHEET 6 CONSULTING ENGINEERS & LAND PLANNERS LONESOME VALLEY PHASE 2 STREAM 1635 Asheville Highway JACKSON COUNTY AND WETLAND IMPACTS Post Office Box CASHIERS Hendersonville, NC 28793 NC (828) 697-7334 NORTH CAROLINA SCALE: I"= 400' ---® www.wgla.com q l Figure 4.6 NEW CULVERT is X x SILT FENCE TYPICAL PLAN VIEW N.T.S. JURISDICTIONAL WETLANDS/WATERS OF THE US vAelEs NEIN. CULVERT 1 / NEW ROAD GRADE TYPICAL .STREAM CROSSING N.T.S. 6 6. 10' — 12' 10' — 12' VARIES VARIES SLOPE 14" PER FOOT 6 YP.) 3" ASPHALT SURFACE NEW CULVERT —� TO -BE BURIED BELOW STREAMBED TO APPROPRIATE DEPTH (6-12 INCHES) TYPICAL ROAD SECTION N.T.S. VVILLIAM G. LAPSLEY & ASSOCIATES, P.A. CONSULTING ENGINEERS & LAND PLANNERS 1635 Asheville Highway Post Office Box 546 ' j Hendersonville. NC 28793 (828) 697-7334 www.wgla com � (rn'.) LONESOME VALLEY JACKSON COUNTY, NORTH CAROLINA DISCHARGE END OF PIPE NATURAL GROUND Figure 5 SCALE: N.T.S. N n N I Z O m M � 0 p < I r0 O O /� m ;0 rO l m O Cf) O Z O mO M (n r O D O C: C7 FOR CONCEPTUAL Z m O 00 O C r m U) w e Prepared Icc the 0111ce Laneeanro vrer LOGAN CREEK LONESOME VALLEY • NC EXISTING CROSS-SECTIONS Suck Engineering kar �j H °y� c ode SAd Hue, North Caroline 28BOS ; FOR CONCEPTUAL Phone: F� aio // W C,;)-- C m 0 0 A A m N n z gra m�rn ga S. �rn= ra(�mp Nm� 0zi NO_ -0y km Ox 1n ZSa NvN ;01 0 �yx'cZ 0 x 0mO m m�� O'0 ma ON zoo �� 1 0 is c �T cZi Opo mr�rm- 0� cm -1 r N mmnZm ox~z cmzs SRo a o>{ Gz;o ZsZ -i i�N—� < m=B V t.o �f n [0 Z, m-0 0 3;z ,� IrnA '� gy m ~ � j :. 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Serol comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate 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 (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engin= havingjurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the Untied States, and the transportation of dredged material for the purpose of dumping it into Dcean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued One set of original drawings or good reproducible copies which slaw the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be renamed �%% 0 ITEMS 1 THRU 4 TO BE FI �% 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. EIVED 4 PLICATION RECFJ (ITEMS BELOW TO BE FILI Xb a APPLICANT) 5. APPLICANT'S NAME 8. UTHC an gent isnot required) Lonesome Valley C14 srWater Environmental Consultants, Inc. 6. APPLICANTS ADDRESS 9. AGENT'S ADDRESS C/O Mr. Shane Robichaud 718 Oakland Street 94 Lonesome Valley Rd Hendersonville, NC 28791 PO Box 3269 Cashiers NC 28717 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence N/A a Residence N/A b. Business 829-743-7696 b. Business 828-698-9800 11. STATEMENT OF AUTHORIZATION I hereby authorize, Clement Riddle to act in my behalf as my agent in the processing of this application and to fimrnish, upon request, supplemental information in support offlys permit app _ APPLICANT'S SIGNATURE DATE 12. PROJECT NAME OR TITLE (see instructions) Lonesome Valley 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Logan Creek 94 Lonesome Valley Rd 15. LOCATION OF PROJECT U9� Jackson NC J A N 2 q Z COUNTY STATE t6. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions) �ec7LAND, W 87t?Ri%tw Lonesome Valley 17. DIRECTIONS TO THE SITE: From U.S. highway 64 in Brevard travel west toward Cashiers N.C. After crossing the Lake Toxaway Falls on Highway 64 travel approximately 9 miles west. The site is located on the northern side of Highway 64. The entrance is marked with two stone pillars on either side of the entrance road. 7 M 1:.1 U7 AUTY ER BRANCH 18. Nature of Activity (Description of project, include all features) SEE ATTACHED. 19, Project Purpose (Describe the reason or purpose of the project, we instructions) SEE ATTACHED. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(&)for Discharge SEE ATTACHED. 21, Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Fill of approximately 444 linear feet ofculvert proposed in jurisdictional streams. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) 0.053 acres of perennial and important intermittent streams 0.013 acres of wetlands 23. Is Any Portion of the Work Already Completed? Yes N No 0 IF YES, DESCRIBE THE COMPLETED WORK Phase 1 impacts are complete. Permit received 07/28/05 and the USACE ID # 200531949. 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, 25. List of Odra Certifications or ApprovaWDenials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION # DATE APPLIED DATE APPROVED DATE DENIED USACE 404 Permit 200531949 08/23/2002 07128/2005 *Would include but is not restricted to zonin& building and flood pin permits 26. Application is hereby made for a permit or permits to authorize the work described in this application Ica* that the information in this application is complete and accurate. 1 further certify that I possess thf 'ty to the work doacnbed herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed I8 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any depariawnt or agency of the United States knowingly and willfully faisiftes, conceals, or covets up any trick, scheme, or disguises a material fact or makes any false, fictitious or fiaudulent statements or entry. shall be fazed not more than $10,000 or imprisoned not more than five years or both. Adjacent Landowners Lonesome Valley (PIN# 7583-50-8670) Warren Alexander Richard Page Jonathon Smith PO Box 1683 2425 Bogota St 980 Mayfield Rd Cashiers, NC 28717 Port Charlotte, F133980 Alpharetta, GA 30004 (PIN#7582-68-7894) (PIN# 7582-69-7293) (PIN# 7582-69-7696) Jane Hampson Duane Franceschi Richard McCullough 1401 Lincoln St 2909 Ivan Hoe Rd 166 Flamingo Ave Evanston, IL 60201 Tallahassee, FL 2312 Naples, FL 34108 (PIN# 7583-60-8112) (PIN#7583-70-1137) (PIN# 7583-70-5098 William Yag Elizabeth Masarek Spring Forest Property Owner As. 7657 Ponte Verde Way 7510 Brigantine Ln 6000 904 San Jose Blvd Naples, FL 34108 Porkland, FL Jacksonville, FL 32217 (PIN# 7583-70-7271) (PIN# 7583-80-3219) (PIN# 7583-80-5200,7583-80-7205) Thalia Carlos Ray Daniel One National lo SW Lawrence McCallen 105 Flatwood Brandon Trail Atlanta, GA 30336 4421 St Andrew Dr Glenville, NC 28736 0583-, A 307) Boynton Beach, F133436 (PIN# 7583-55-2846,7583-55-1631) (PIN# 7583-80-9864) Westmark Dev. Co. of NC Charles Degenhardt Thomas West 20 Continental Dr 154 Grays Creek Dr 1672 Plum Thicket Ln W Sapphire, NC 28774 Savannah, GA 31410 Des Moines, IA 50266 (PIN# 7593-21-2777) (PIN# 7583-91-1978) (PIN# 7583-93-3357) German Family LTD Partnership Rodney Metz Elizabeth Webb 310 McAlpin Rd 3198 Edwater Dr 6040 Oakbrook Ct Ponte Savannah, GA 31406 Gainesville, GA 30501 Verde Beach FL 32082 (PIN# 7583-94-2924,7583-75-9375) (PIN# 7583-56-5351,7583-56-3131) (PIN# 7583-76-1242) Gary Metal Kathleen Hughes Lonesome Valley Co. Inc. 10651 SW 65`s Ave 3766 Carrick Dr PO Box 1459 Miami, FL 33156 Ormond Beach, FL 32174 Cashiers, NC 28717 (PIN# 7582-68-7426) (PIN# 7582-68-9128) (PIN# 7582-67-8182) Gay Home Patricia Ketcham E. Mitchell Betty 755 Loridans Dr 2217 Limerick Dr 33 Pepperidge Trail Atlanta, GA 30342 Tallahassee, FL 32308 Glenville, NC 28736 (PIN# 7582-66-0174,7582-56-7883) (PIN# 7583-45-9385) (PIN# 7583-45-9084) High C. Ltd Gary Coyle Mazie Salerno PO Box 1088 PO Box 2536 17417 Magnolia Island Blvd Wauchula, FL 33873 Cashiers, NC 28717 Clemont, FL 34711 (PIN# 758345-9084) (PIN# 7583-44-4440) (PIN# 7583-44-0252) George Brown Dzuira Family Holdings Partnership Donatas Siliunas PO Box 1671 330 Atlantic Rd 4900 N. Ocean Blvd. Zolfo, FL 33890 Key Biscayne, FL 33149 Ft. Lauderdale FL 33308 (PIN# 7583-34-7290) (PIN# 7583-34-4782) (PIN# 7583-23-3670) Nancy Middleton Richard Middleton David Miller 113 E. Gordon St. 12 Dahlgren Rd 1610 South Eighth St Savannah, GA 31401 Richmond VA 23219 Fernandina Beach FL 32034 (PIN# 7583-23-2170) (PIN# 7583-22-1968) (PIN# 7583-22-5764) Richard Beavers Amelia Service Center Red Bird Properties 1610 South Eighth St 1610 South Eighth St PO Box 2487 Fernandina Beach FL 32034 Fernandina Beach FL 32034 Cashiers, NC 28717 (PIN# 7583-22-8970) (PIN# 7583-22-8453,7583-22-8252) (PIN# 7582-664121) Barbara Swift R&E Land Holdings, LLC Van Swift 140 Bay View Ave PO Box 1459 CashiersNC 28717 NC 28302) 140 Bay View Ave Naples, FL 34108 , (PIN# 75, Naples, FL 34108 (PIN# 7583-22-8060,7583-21-8755) (PIN# 7583-21-8528) Howard Smith LVC 1 Inc. Keith Holdbrooks 8050 Cortona Dr PO Box 2487 4115 Indian Hills Rd SE Myrtle Beach, SC 29572 Cashiers, NC 28717 Decatur, AL 35603 (PIN# 7583-30-3987) (PIN# 7582-38-5740, 7582-76-3423) (PIN# 7582-764511 Spring Property Owners Assoc. Hoosier Products LP Martha Lewis 600 904 San Jose Blvd. 1185 Mount Paran Rd NW PO Box 2305 Jacksonville, FL 32217 Atlanta, GA 30327 Conway, SC 29526 (PIN# 7582-77-0288) (PIN# 7582-77-2493 (PIN# 7582-77-1945) Individual Permit Application for U.S. Army Corps of Engineers Section 404 Permit North Carolina 401 Water Quality Certification December 2006 Applicant: Lonesome Valley LONESOME VALLEJ Attn: Shane Robichaud PO Box 3269 Cashiers, NC 28717 (828) 743-7696 Prepared By: C1earWater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 (828) 698-9800 Table of Contents 1.0 INTRODUCTION..................................................................................................................1 2.0 BACKGROUND.....................................................................................................................3 2.1 Project Location......................................................................................................................................... 3 2.2 Project Purpose and Scope of Work.......................................................................................................... 3 3.0 EXISTING SITE CONDITIONS..........................................................................................4 3.1 Soils...........................................................................................................................................................4 3.2 Vegetative Communities........................................................................................................................... 4 3.3 Threatened, Endangered, and Species of Special Concern........................................................................ 6 4.0 PROPOSED PROJECT DEVELOPMENT - LONESOME VALLEY ...........................7 4.1 Roads......................................................................................................................................................... 7 4.2 Utilities...................................................................................................................................................... 7 5.0 DISCUSSION OF ALTERNATIVES................................................................................9 5.1 Overview................................................................................................................................................... 9 5.2 Project Justification................................................................................................................................. 10 5.3 The Site'.'",­­ ite:................................................................................................................................................... 12 5.4 Development Plan (Wetland Avoidance/Actions to Minimize Impacts) ................................................. 12 5.5 Alternatives Conclusion.......................................................................................................................... 12 6.0 COMPENSATORY MITIGATION PLAN.......................................................................13 6.1 Stream Avoidance................................................................................................................................... 13 6.2 Stream Minimization............................................................................................................................... 14 6.3 Stream Preservation................................................................................................................................. 14 6.4 Natural Stream Channel Design (Restoration)........................................................................................ 14 6.5 Stream Restoration Plan (570 linear feet)................................................................................................ 15 6.6 Monitoring...............................................................................................................................................17 6.7 Success Criteria....................................................................................................................................... 18 6.8 Reporting................................................................................................................................................. 19 7.0 U.S. ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES ........... 20 7.1 Compliance with U.S. Environmental Protection Agency Guidelines.................................................... 20 7.2 Factual Determination............................................................................................................................. 20 7.3 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem ........................ 20 7.4 Potential Impacts to Biological Characteristics of the Ecosystem........................................................... 22 7.5 Potential Impacts on Special Aquatic Sites............................................................................................. 23 7.6 Potential Effects on Human Use Characteristics..................................................................................... 24 7.7 Summary ................................................................................................................................................. 26 8.0 PUBLIC INTEREST CONSIDERATIONS......................................................................27 8.1 Conservation............................................................................................................................................27 8.2 Economics............................................................................................................................................... 27 8.3 Aesthetics................................................................................................................................................ 27 8.4 General Environmental Concerns............................................................................................................ 27 8.5 Wetlands..................................................................................................................................................27 8.6 Historic Properties................................................................................................................................... 28 8.7 Fish and Wildlife Values......................................................................................................................... 28 8.8 Flood Hazards.......................................................................................................................................... 28 8.9 Floodplain Values.................................................................................................................................... 28 8.10 Land Use.................................................................................................................................................. 28 8.11 Navigation............................................................................................................................................... 28 8.12 Shore Erosion and Accretion................................................................................................................... 28 8.13 Recreation................................................................................................................................................29 8.14 Water Supply and Conservation.............................................................................................................. 29 8.15 Water Quality (Stormwater Management).............................................................................................. 29 8.16 Energy Needs.......................................................................................................................................... 29 8.17 Safety.......................................................................................................................................................29 8.18 Food and Fiber Production...................................................................................................................... 29 8.19 Mineral Needs......................................................................................................................................... 29 8.20 Considerations of Property Ownership.................................................................................................... 30 8.21 Needs and Welfare of the Public............................................................................................................. 30 9.0 SUMMARY...........................................................................................................................31 Appendix A Threatened and Endangered Species Survey Appendix B USACE 404 Permit Appendix C Mitigation Scope of Work 1.0 INTRODUCTION Lonesome Valley, Inc. proposes to complete Phase II of the residential subdivision, known as Lonesome Valley. The project is proposed for a 613 -acre section on the northern portion of Lonesome Valley just north of US Highway 64 in Jackson County, North Carolina (Figure 1). The proposed project, Phase II of Lonesome Valley represents the final phase of the master plan. The site is bordered by US Highway 64 to the south and private second home resort communities to the east, west, and north. US Highway 64 provides the primary access to the site (Figure 2). The project site contains Logan Creek and numerous unnamed tributaries all of which drain into Logan Creek. Logan Creek flows into the Horsepasture River just south of US Highway 64. Lonesome Valley is a 788 -acre master planned community in Cashiers, North Carolina. This plan includes the construction of 250 homes and associated amenities based on a conservation ethic and design. The Jennings family has owned this land since 1895 and has demonstrated their commitment to the preservation of this unique landscape through years of sustainable family ventures this land has supported. Lonesome Valley has demonstrated through the completed Phase I, that this conservationist principle is achievable and a successful plan for the community, which will be developed. Residents will have access to an array of outdoor/adventure activities and amenities, including fly fishing, rock climbing, seasonal concerts, and a full-service spa. As is usual with developments of this size, Lonesome Valley has been constructed in phases. The applicant has expended considerable resources in design of a comprehensive Master Plan for the development. Site planning was begun 2 years ago and only the first 175 -acres have been constructed. This permit application will cover all remaining acreage (613 acres) associated with Lonesome Valley. The master plan is supported by extensive planning, engineering analysis and survey of the physical and biotic components of the site including aerial photography, 2 foot topographic surveys, complete Section 404 jurisdictional surveys, natural resource surveys and inventory, and threatened or endangered (T&E) species surveys of the site. 1 Table 1. Phase II Project Summary Information Existing Site Information Total site Acreage 613 Acres Total Linear Feet of Perennial Streams 38,335 Linear Feet Total Wetland Acreage 0.6 Total Open Water Acreage 4.17 Acres Proposed Site Development Total Wetland Roads Impacts 0.013 Acres (meadow fill) Total Perennial Stream Impacts 444 Linear Feet Avoidance/Minimization of Impacts Streams Avoided 37,891 Linear Feet Wetlands Avoided 0.587 Acres New Bridges 9 Upland Buffers Approximately 57 Acres 2.0 BACKGROUND Lonesome Valley has been a part of the Jennings family for over 100 years. Until recently, this family has protected this land and kept it in an undeveloped natural state. The exquisite natural landscape that surrounds this valley is truly unique, and this family has demonstrated commitment to the protection of this valley over the last century. E.H. Jennings acquired this approximately 800 -acre valley in 1895. During the 1940s, the land became the full-time family residence and farm. The valley supports an array of outdoor/adventure activities, including walking, hiking, biking, fly fishing, kayaking, canoeing, swimming, tennis, rock climbing, and camping. The area will host indoor activity areas that will make available basketball, volleyball, and fitness -aerobics. After participating in all these activities, residents will be able to enjoy the full service spa that will support this community's idea that at Lonesome Valley, relaxation is considered an activity, too. The initial planning efforts have focused on the entire site where the natural features of the land were studied to determine the type of development plan that would best fit the property. The project team including William G. Lapsley and Associates, Design Workshop, Inc., C1earWater Environmental Consultants, and others spent many days in the field to determine the best uses and preservation priorities for the project site. The proposed master plan recognizes the natural features of the land and minimizes development activity in the most environmentally sensitive portions of the site. 2.1 Project Location Lonesome valley is located in Jackson County, North Carolina and is accessed from US Highway 64. From U.S. Highway 64 in Brevard, travel west toward Cashiers, N.C. After crossing the Lake Toxaway Falls on Highway 64, travel approximately 9 miles west. The site is located on the northern side of Highway 64. The entrance is marked with two stone pillars on either side of the entrance road. 2.2 Project Purpose and Scope of Work The purpose of this development is to create a residential community and associated amenities based on designs that blend in with the unique natural landscape. 3 3.0 EXISTING SITE CONDITIONS The 613 -acre proposed project site is located in Jackson County, North Carolina and mainly (70%) consists of mature forest. Elevations range from approximately 3,620 feet to 4,150 feet. The project site contains Logan Creek and numerous unnamed tributaries all of which drain into Logan Creek. Logan Creek flows into the Horsepasture River just south of US Highway 64. Logan Creek is classified as a Trout Water by the NC Division of Water Quality. 3.1 Soils The soils on Lonesome Valley are mostly Edneyville-Chestnut complex, Cullasaja- Tuckasegge complex, and Cleveland -Chestnut -Rock outcrop complex (Figure 3). The soils are mostly stony and slopes range from 8 to 90 percent. 3.2 Vegetative Communities The site contains 7 different habitat types. These habitat types include high elevation granitic dome, montane alluvial forest, montane oak -hickory forest, mixed pine/hardwood forest, maintained meadow, wetlands, and stream bed and bank. The habitat map is included in Appendix A, Figure 2. 3.2.1 High Elevation Granitic Dome This habitat type consists of uniform granite cliffs with some zoned mats of vegetation occurring along cracks and crevices in the rock. Woody species may occur in older established mats, they may include Carolina hemlock (Tsuga caroliniana), mountain laurel (Kalmia latifolia), and mountain rosebay (Rhododendron catawbiense). The majority of this habitat type is devoid of vascular plants. 3.2.2 Montane Alluvial Forest This habitat type occurs along stream and river floodplains at high to moderate elevations. Tree species here are dominated by Eastern Hemlock (Tsuga Canadensis) and red maple (Acer rubrum). The shrub layer consists of Rosebay (Rhododendron maximum) and dog hobble (Leucothoe fontanesiana). The dense shrub layer in this habitat type prevents the formation of any noticeable herbaceous layer. 3.2.3 Montane Oak Hickory Forest This habitat type occurs on dry-mesic slopes and ridgetops at high to moderate elevations. The tree species here are dominated by a mixture of oaks, hickories, and other hardwood species, including red oak (Quercus rubra), chestnut oak (Quercus 4 prinus), pignut hickory (Carya glabra), and tulip poplar (Liriodendron tulipifera). flowering dogwood (Cornus florida) and red maple are commonly found in the understory. Shrub layer vegetation consists of rosebay (Rhododendron maximum), mountain laurel, bear huckleberry (Gaylussacia ursina), and blueberry (Vaccinium spp). The herbaceous layer includes indian cucumber root (Medeola virginiana), blue eyed grass (Sisyrinchium sp.), bracken fern (Pteridium aquilinum), northern red oak (Quercus rubra), oxeye daisy (Chrysanthemum leucanthemum), buttercup (Ranunculus sp.), pink trillium (Trillium sp.), devils bit (Chamaelirium luteum), lily of the valley (Convallaria majalis), speckled wood lily (Clintonia umbellulata), squaw root (Conopholis americana), white baneberry (Actaea pachypoda), yellow flag (Iris pseudacorus), bedstraw (Galium spp.), and galax (Galax aphylla). 3.2.4 Mixed Pine/Hardwood Forest This habitat type occurs on dry-mesic slopes and ridgetops at high to moderate elevations. The tree species here are dominated by a mixture of pines, oaks, hickories, and other hardwood species, including red oak, chestnut oak (Quercus prinus), pignut hickory, and tulip poplar. The upper canopy level is composed of mature white pines (Pinus strobus). These mature pines overshadow approximately 20-40% of the lower oak hickory forest. Flowering dogwood and red maple (Acer rubrum) are commonly found in the lower understory. Shrub layer vegetation consists of rosebay (Rhododendron maximum), mountain laurel, bear huckleberry (Gaylussacia ursina), and blueberry. The herbaceous layer includes indian cucumber root, bedstraw and galax. 3.2.5 Maintained Meadow This habitat consists of mowed agricultural pastures suitable for livestock grazing. 3.2.6 Wetlands This habitat type is composed of a variety of seeps and bogs associated with the base of slopes, old stream channels, and low areas with poor drainage. Tree species include red maple, eastern hemlock, and tulip poplar. The shrub layer is dominated by rosebay and dog hobble. The shrub layer also includes multiflora rose (Rosa multiflora), hazel alder (Alnus serrulata), southern pinxter flower (Rhododendron canescens), spicebush (Lindera benzoin), and elderberry (Sambucus canadensis). Herbaceous species include cinnamon fern (Osmunda cinnamomea), soft rush (Juncus effuses), bluet (Houstonia sp), buttercup (Ranunculus sp.), unknown sedges (Carex spp.), turtlehead (Chelone sp.), jack in the pulpit (Arisaema triphyllum), netted chainfern (Woodwardia areolata), shining club moss (Lycopodium lucidulum), Jewelweed (Impatiens capensis), yellow root (Xanthorhiza simplicissima), violet (Viola spp.), and rattlesnake root (Prenanthes sp.). E 3.1.7 Stream Bed and Bank This habitat type is composed of coldwater mountain streams capable of supporting wild trout populations. 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. Six listed species are known to occur or have the potential to occur in Jackson County. A comprehensive 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 613 -acre site and addresses the potential for the site to support listed species. During completion of threatened and endangered species habitat assessments for the 613 - acre project site, no listed species were observed. It is the opinion of ClearWater Environmental Consultants, Inc. that federally protected species are not likely to be present within the phase. As such, development of the proposed Lonesome Valley Phase II 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 4.0 PROPOSED PROJECT DEVELOPMENT — LONESOME VALLEY The 613 -acre tract contains 0.6 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 38,335 linear feet. Lonesome Valley Development, LLC. the applicant, proposes to permanently impact 0.013 -acres of wetlands and 444 linear feet of stream to achieve the previously stated project purpose (Figures 4-4.6). The applicant proposes: 1. 0.053 -acres (444 linear feet) of fill in intermittent streams for the construction of roads. 2. 0.013 -acres of fill in wetland areas for the construction of roads. The attached master plan (Figure 4) proposes a total impact of 444 linear feet of perennial and intermittent stream (0.053 -acres of Waters of the U.S.). Wetland impacts are proposed to be 0.013 acres. The net result for Phase II of this project includes avoiding 37,891 linear feet of perennial and intermittent streams and 0.587 acres of Waters of the U.S./wetlands. Additional mitigation will be onsite and include the preservation and protection by restrictive covenants of the avoided streams and wetlands, and approximately 570 linear feet of stream restoration on an unnamed tributary of Logan's Creek. The avoided, preserved, and restored streams will have at least 25 foot upland buffers on all 37,891 linear feet of streams and 0.587 acres of wetlands. 4.1 Roads The primary purpose for this project permit is to build roads that will provide access to the new residential and amenity areas of Lonesome Valley. These roads will require twenty-two stream crossings, thirteen of which have impacts. Impacts associated with these roads will be minimized as two of the crossings are at locations where there is an existing culvert. These two 20 foot culverts will be replaced with 35 foot and 37 foot larger culverts. Nine bridges/half pipe culverts are also being planned as a way to minimize impacts. There is a total proposed impact of 444 linear feet proposed to perennial and intermittent streams and 0.013 acres of wetlands resulting from twelve access roads (Figure 4-4.6). 4.2 Utilities There are no proposed permanent or temporary impacts to streams or wetlands onsite resulting from the installation of utilities. It is the intent of the applicant to bring electricity and sewer to the site via underground and within the existing road right of ways. In the event that utility lines must cross jurisdictional areas, impacts will be temporary and crossings will be conducted following the USACE and NC Division of Water Quality guidelines and conditions of Nationwide Permit 12, as well as conditions of this Individual Permit. The drinking water will 7 be supplied by a connection to the existing CWS system in Sapphire Valley and supplemented by three to four wells located on the Lonesome Valley property. The sewer will be collected on site, pumped to ' an existing CWS Systems, Inca sewer system and then treated at the Sapphire -Fairfield wastewater treatment plant. CWS Systems, Inc. is the owner/operator of both systems. 8 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 Lonesome Valley development in Jackson 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. 1 0(a)(2). 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 9 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 Lonesome Valley has been a part of the Jennings family for over 100 years. Until recently, this family has protected the ecological integrity of this land and kept it in a pristine natural state. The exquisite natural landscape that surrounds this valley is truly unique, and this family has demonstrated commitment to the protection of this valley over the last century through sustainable mink and trout farming practices. Only now has the family allowed the development of 250 homes on 788 acres of this area. The design and construction are restricted to plans that blend in with and sustain the natural landscape. 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 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 amenities 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 Lonesome Valley has been very successful and highly regarded to date. Phase I included obtaining USACE Nationwide Permits 13 and 39. The Action I.D. number for that permit is 200531949 and a copy of both the permit and permit application are included in Appendix B. 10 The proposed development supports an array of outdoor/adventure activities, including walking, hiking, biking, fly fishing, kayaking, canoeing, swimming, tennis, rock climbing, and camping. The area will host indoor activity areas that will make available basketball, volleyball, and fitness -aerobics. After participating in all these activities, residents will be able to enjoy the full service spa that will support this community's idea that at Lonesome Valley, relaxation is considered an activity, too. 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." In balancing these interests, the USACE 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. Lonesome Valley Development, LLC. has extensively evaluated these factors over the last 2 years 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. While the project would result in the preservation of these important and significant areas, the USACE must bear in mind that the Jennings family has turned away other significant development proposals (golf, lakes) that would have resulted in many more stream and wetland impacts. The development plan that the Jennings family has chosen further demonstrates their commitment to the protection of this land in its current state for future generations to enjoy. 11 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 25 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 Lonesome Valley Development, LLC. plans to build approximately 250 homes on 788 acres. The Jennings family and Lonesome Valley Development, LLC. desire to develop this property in a way that builds a sustainable community and allows new residents to enjoy the land in ways the Jennings family has for over a century. 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. During design of the proposed master plan, the applicant considered many development alternatives, which included impacts to substantially more streams than the proposed plan depicts. The applicant conducted a pre -application meeting with regulatory agency personnel including the USACE, NCDWQ, and NCWRC on October 31, 2006 and presented a master plan layout for the Lonesome Valley Development. Avoidance and minimization efforts were completed by increasing the use of bridges and half -pipe culverts eight stream crossing locations. In addition to the approximately 570 linear feet of stream restoration, the proposed master plan will preserve 37,891 linear feet of stream and 0.587 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 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. Two of the proposed impacts are located in streams that are already impacted by existing road culverts. 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 Lonesome Valley is designed to avoid and minimize impacts to the site to the maximum extent practicable. 12 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 Lonesome Valley Development, Jackson County, North Carolina. Consistent with regulatory guidance, the applicant is proposing to offset impacts to perennial and "important" intermittent stream from roads (444 linear feet), and wetlands (0.013 acres). The following conceptual mitigation plan is provided in support of the applicant's permit application and the mitigation measures are described in detail below: The applicant will avoid and preserve 37,891 linear feet of stream and approximately 57 acres of legally designated upland buffers with a minimum width of 25 feet (Figure 4). The applicant will also restore approximately 570 linear feet of perennial and intermittent stream that is currently flowing down an unnamed tributary of Logan Creek (Appendix C). By evaluating the existing stream channel, a new stream channel will be designed using Natural Stream Channel Design methods (Rosgen) to restore a natural dimension, pattern, and profile to the channel. • Restoration 570 linear feet perennial and intermittent stream 1.4:1 ratio • Preservation 37,891 linear feet perennial and intermittent 85:1 ratio stream with minimum 25 foot buffers (57 acres) 0.587 wetlands with minimum 25 foot buffer 45:1 ratio Upon conditional approval, the applicant's stream restoration consultant (Buck Engineering) will prepare final stream restoration designs and plans. These final plans will be submitted to the USACE and NCDWQ to be approved prior to any proposed impacts occurring. Implementation of the mitigation plan will begin immediately upon issuance of a 401 Division of Water Quality Certification and USACE Section 404 Permits on a schedule based upon the growing season. Stream mitigation (preservation and restoration) will be protected in perpetuity under restrictive covenants. The stream restoration will be conducted using Natural Stream Channel Design methods approved by the NCDWQ and USACE (North Carolina Stream Relocation and Restoration Guidance, September, 2001 and USACE, Stream Mitigation Guidelines). This includes a geomorphologic approach based on understanding valley types, watershed conditions, stream dimension, stream pattern, and stream profiles, sediment transport, and reference reach analysis. 6.1 Stream Avoidance The development of Lonesome Valley will avoid 37,891 linear feet of perennial and intermittent stream and 0.587 acres of wetlands. Other avoidance measures 13 include the construction of nine road bridges/halfpipes. The design cost for bridges/halfpipes onsite varies from 5 to 15 times greater than the cost for a culvert. The installation of nine bridges is an additional significant avoidance measure at a greater cost. The bridges are located on unnamed tributaries to Logan Creek (Figure 4). 6.2 Stream Minimization Stream impacts will be minimized during construction of the Lonesome Valley Development 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. 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 Preservation Lonesome Valley Development, Inc. proposes to preserve approximately 37,891 linear feet of perennial and intermittent stream. These waters are ecologically important for aquatic habitat, foraging areas, and riparian corridors which connect to the Horsepasture River. These streams will be preserved in perpetuity through the implementation of appropriate legal and physical mechanisms (i.e., restrictive covenants). These streams are particularly important to preserve because they are in an area, which has a high potential for development. The functions and values of these streams will be additionally protected and enhanced by establishment of a permanent upland buffer with a minimum of 25 feet wide. The total of the upland buffers will comprise approximately 57 acres. 6.4 Natural Stream Channel Design (Restoration) The stream mitigation project proposed for the Lonesome Valley Development will utilize Natural Channel Design methods. This is a geomorphological approach to stream restoration based on an understanding of the valley type, general watershed conditions, dimension, pattern, profile, hydrology and sediment transport of natural, stable channels reference conditions and applying this understanding to the reconstruction or relocation of an unstable or new channel. 6.4.1 Morphological Stream Classification Stream analysis will be conducted using the Rosgen Stream Classification System. This system is based on five criteria: width/depth ratio, entrenchment ratio, slope, sinuosity, and channel materials. This system allows: 1) a prediction of a streams behavior from its appearance, 2) a 14 comparison of site specific data from a given reach to data from other reaches of similar character, and 3) a consistent and reproducible system of technical communications across disciplines (Rosgen, 1996). 6.4.2 Regional Curves Bankfull hydraulic geometry relationships, also called regional curves, were first developed by Dunne and Leopold (1978), and relate bankfull channel dimensions to drainage area. Gage station analyses throughout the United States have shown that bankfiill discharge has an average return interval of about 1.5 years or 67% annual exceedence probability. The North Carolina Mountain Regional Curves will be used when appropriate for this project (NC Stream Restoration Institute). The watershed area, discharge, bankfull width, and bankfull depth for the gage site will be plotted on the curve(s) to confirm their validity for this region. The primary purpose for developing regional curves is to aid in identifying bankfull stage and dimension in an un -gaged watershed and to help estimate the bankfull dimension and discharge for natural channel designs. 6.4.3 Reference Reach(es) The reference reach is a stream segment that represents a stable channel within a particular valley morphology. The reference reach will be used to develop natural channel design criteria based upon measured morphological relations associated with the bankfull stage for a specific stable stream type. Specific data on stream channel dimension, pattern, and profile will be collected and presented by dimensionless ratios by stream type. The morphological data collected will be used for extrapolation to disturbed reaches in similar valley types for the purposes of restoration and stream enhancement, stabilization, and stream relocation. Attempts will be made to use a suitable stable reference reach locations on-site. The applicant will select a site with similar valley types that will serve as the blueprint for the dimension, pattern, and profile of the channel to be restored. If a reference reach cannot be located, a gage station analysis will be used along with the existing condition survey to select a stream from a reference reach database. Justification will be provided to show that the selected reference reach is appropriate for the restoration site. 6.5 Stream Restoration Plan (570 linear feet) The applicant will restore approximately 570 linear feet of intermittent/perennial stream in the Hydrologic Unit 03060101010020, and the Savannah River sub - basin 03-13-02. The site is also in an EEP targeted local watershed 10020, the 15 Horsepasture River Basin. Historically, the site was used for pasture, timbering, and as a trout farm. The past agricultural and timber operations led to degradation of the on-site streams. The property is owned by LVC-I, Inc. The owner would like to mitigate on-site disturbances by restoring a 570 foot reach on Logan Creek (Appendix Q. Based on acceptance of this conceptual plan for mitigation, the proposed restoration plan should yield 570 stream mitigation units. This project reach extends from below a bedrock waterfall downstream to the confluence with the West Fork of Logan Creek. The reach is degraded over most of the project length. The channel is overly wide, large lateral and mid -channel bars are present, bank erosion is common, and buffer vegetation has been removed. The conceptual plan for this reach is to implement restoration level improvem-ents along this reach. This reach is contiguous with a reach that is currently being restored by Buck Engineering under contract with the Ecosystem Enhancement Program. The primary goal of this restoration effort will be to restore the channel dimension, pattern and profile, so that the stream can transport sediment more effectively and in balance with its upstream supply of sediment. The design is intended to achieve the maximum level of improvement, given the current stream condition and constraints. In doing so, water quality and habitat improvement will be realized. Currently, the existing morphology lacks the ability to transport sediment in equilibrium with the supply reaches. The results of this disequilibrium are numerous mid -channel and lateral bars and a planar bed that offers little habitat value. Bank erosion is common on this reach in areas where mid -channel bars have formed. Actively eroding banks will be stabilized through grading, bioengineering, log structures and vegetation. Vertical banks will be sloped to an angle that can support deep-rooted woody riparian vegetation. Where possible, a floodplain bench will be excavated where the stream is incised. In several sections, mid -channel aggradation and subsequent lateral migration is evident, causing severe channel instability. In these sections, a stable channel dimension will be constructed and mid -channel bars removed. Areas that are over -wide will be narrowed by filling and reestablishing a floodplain. Log or boulder structures will be installed to redirect current to an established channel thalweg and to stabilize reconstructed banks. A vegetated riparian buffer of herbaceous and woody vegetation, native to the area, will be installed to provide wildlife habitat and stability to the restored stream. Large woody debris beneficial to channel stability and habitat will be incorporated into the restoration plan, using trees removed for construction access. 16 6.6 Monitoring As -built plans will be completed and submitted to the agencies that will document the intent of the project was implemented in the field. The as -built plans will confirm the constructed channel is of the design pattern, dimension and profile. Lonesome Valley Development, LLC. will evaluate the success of the stream restoration and enhancement using the following forms of monitoring: photo documentation, plant survival, channel stability measurements, and biological evaluations. 6.6.1 Geomorphic monitoring Geomorphic monitoring will include vertical bed stability using monumented cross-sections and scour chains. Cross sections will be located in both riffles and pools. Lateral bed stability will be verified using monumented cross sections and bank iron pins. Pebble counts will also be conducted to monitor the change in frequency of particle size change. The location of the monumented cross-sections, scour chain, bank pins, and pebble count transects will be finalized during construction and shown on the as -built plans. Monitoring will occur once a year for 5 years and again for at least two bankfull flow events after construction. 6.6.2 Photos Photos will document channel aggradation or degradation, bank erosion, success of riparian vegetation, effectiveness of erosion and control measures, and absence or presence of in -stream bars. Photos will be taken at the same location each year. At least one photograph upstream and downstream will be taken at each permanent cross-section point, as well as key stream structures such as cross vanes, rootwads, or other designated features. 6.6.3 Riparian Buffers Vegetative survival inside the planted riparian buffer will be documented for a 5 -year period through photographic determination of the entire length of the corridor. Documentation will occur at pre -established randomly fixed stations each year. Baseline monitoring and As -Built Summaries will be submitted immediately following planting. Monitoring will occur annually thereafter for a period of five years. Vegetative monitoring will be accomplished by establishing parallel line transects within the designated riparian zones. The center of each plot will be permanently marked and appropriately labeled and marked for future identification. Within each plot, stem survival of planted and volunteer tree species will be documented in a 15 -foot radius area. Volunteer shrubs 17 and herbaceous species will be documented in ten and 5 -foot radius areas, respectively. Species composition and dominance will be measured within each plot. All stems will be identified to at least the genus level and the number of stems recorded for each plot. For purposes of measuring against the success criteria, survival of planted seedlings will be expressed in terms of the calculated number of live stems per acre. Volunteer species will be expressed in terms of number of stems per acre and coverage. 6.7 Success Criteria 6.7.1 Geomorphic Monitoring (Channel Stability) The applicant will monitor the stream banks for evidence of stability. Success is determined when there is minimal evidence of instability, which may include down -cutting, deposition, bank erosion, increase in sands or finer substrate. Substantial determinations of success will be made by the applicant and confirmed by the USACE and NCDWQ. 6.7.2 Photos The applicant will monitor the streambed and banks taking longitudinal and lateral photos. Success is determined when there is no substantial aggradation, degradation, or bank erosion. Substantial determinations of success will be made by the applicant and confirmed by the USACE and NCDWQ. 6.7.3 Plant Survivability The applicant will monitor the plant survival by recording survival plots, stake counts, and tree counts. Goals include 75 percent survival (320 trees) trees after three years, with no fewer than 260 trees per acre after 5 years. Areas of less than 75 percent coverage will be reseeded and/or fertilized and live stakes and /or bare rooted trees will be planted to achieve desired densities. If significant problems are identified prior to the end of the monitoring program, USACE and NCDWQ regulatory agency personnel will be consulted regarding the advisability of remedial action at that time. Remedial action may include replanting, additional grading, stabilization, alteration, and continued monitoring. If, at the end of the monitoring program, success criteria have not been met for the hydrologic components, channel stability or vegetative components, the applicant will consult with the USAGE, the NCDWQ and other appropriate state and federal agencies to determine specific causes and appropriate remedial actions. Review of specific causes resulting in success criteria deficiencies may include: hydrologic 18 influences, plant mortality, vandalism, animal depredation, or invasion of nuisance plants. It is the intent of the applicant to achieve the success criteria; however, the applicant cannot be responsible for acts of god or natural disasters, which may undermine or preclude success. In the event of such acts or disasters, the applicant will immediately coordinate with the appropriate state and federal agencies for proper actions, if needed. 6.8 Reporting Annual reports detailing the findings of the above defined monitoring will be prepared by the applicant and submitted to the USACE and NCDWQ. This includes an as -built report and annual reports for a total of five consecutive years. The reports will provide the findings of that year's monitoring data and a cumulative account of monitoring to date. Corrective measures, if needed, will be identified and discussed. 19 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) l guidelines. Additional EPA guidance is presented related to general regulatory criteria, wildlife value, and human health guidelines. The discharge of dredge and fill material is considered permittable under these guidelines if the discharge activity: does not contribute to violation of state water quality standards; does not violate toxic effluent standards; does not jeopardize the continued existence of species listed as 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. 20 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 0.013 acres and on-site stream segments total 444 linear feet will be mitigated through stream preservation and restoration areas. 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 Lonesome Valley Development will be designed by William G. Lapsley and Associates, Inc. The erosion and sedimentation control plan will be reviewed and approved by the Jackson County Soil and Erosion Control Officer. Jackson 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. Lonesome Valley Development, 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. 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 21 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. 37,891 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 ME species; fish, crustaceans, mollusks, and other aquatic organisms in the food web; and other wildlife. 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 22 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. 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. 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. 23 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 0.013 acres of wetlands will be offset by the preservation and legal protection of streams, wetlands, and upland buffers; and stream restoration. 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. Riffle and pool complexes are on the project site. Stream restoration of will be' designed to replicate existing pool and riffle complexes. 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 24 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 Horsepasture 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. The applicant is also conducting stream restoration on Logan Creek. 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. 37,891 linear feet of the buffered streams are being restored/preserved in this Phase 2. Preservation from Phase I and II totals approximately 54,100 linear feet of stream. 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, 570 linear feet of stream restoration mitigation will be provided along with 57 acres of upland buffers, 0.587 acres of wetlands, and 37,891 linear feet of stream preservation, which will be provided as a result of implementation of the mitigation plan. 25 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 444 linear feet of intermittent and perennial streams 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 stream restoration and wetland/stream preservation by ensuring vitality and sustainability of wetland and stream functions and values. 26 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 57 acres of upland buffers, 0.587 acres of Wetlands/Waters of the U.S., and 37,891 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. Stream restoration will occur on 570 linear feet of Logan Creek. The preservation/restoration of these areas will provide consist riparian connections throughout the project site. 8.2 Economics The proposed project of Lonesome Valley will provide approximately 250 family homes with additional amenities. The proposed Lonesome Valley Development is expected to have a positive impact on the property tax base for Jackson County as well as a positive impact on local shopping and residential property values. Municipal sewer/ water extensions will connect to the existing CWS system in Sapphire Valley and the roads within the project site are designed to meet the N.0 Department of Transportation (DOT) standards. 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. The applicant has carefully planned to minimize any visual impacts to Lonesome Valley. 8.4 General Environmental Concerns Other than stream 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 0.013 -acres of wetlands. This minimal wetland impact should be offset by stream, wetland, and upland buffer preservation. 27 8.6 Historic Properties Recent correspondence with the North Carolina Department of Cultural Resources dated August 30, 2006 stated that there are no known recorded archaeological sites within the project boundaries of this project site. 8.7 Fish and Wildlife Values The project is a residential community designed to preserve the ecological integrity of Lonesome Valley. As part of the compensatory mitigation plan 37,891 linear feet of stream and 0.587 acres of wetlands will be preserved with approximately 57 acres of upland buffers and 570 linear feet of stream will be restored. 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 6) (Federal Insurance Rate Maps, Community Panel Number 37021 CO456C, effective date May 6, 1996). 8.9 Floodplain Values These streams are located in steep topography where the channels are laterally contained, there is little to no floodplain area adjacent to these streams. Most of the streams on-site are classified as Type `B" streams with little to no floodplain (Applied River Morphology, Rosgen, 1996). The floodplain will be protected by 25 foot upland buffers. 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. 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 devices 28 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 37,891 linear feet of streams, 0.587 acres of wetlands with 57 -acres of upland buffers, and approximately 256 acres of open space. 8.14 Water Supply and Conservation Potable water will be provided to the project by CWS Systems, Inc. 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. BMP's will be incorporated during construction. Stream buffers are being provided to assure long-term 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 Duke Power will supply the electrical energy needed for development. 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. Silvicultural activities have been ongoing for years on the project site. Silvicultural activities will eventually be eliminated and the remaining stands will be incorporated into the site plans to provide shade trees, buffer areas, riparian corridors and recreational areas. 8.19 Mineral Needs The project fulfills no current mineral needs. 29 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: Lonesome Valley Development, LLC. Contact: Shane Robichaud P.O. Box 3269 Cashiers, NC 28717 828-743-7696 (828) 743-0186 Fax 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. 30 9.0 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. 31 1 T_C ���f 1 PHASE I 1'.�N f �' 4 a � , ,F ' � / "5`•�. < FdE F co f fi 11 i .E'er ,/r. �c ----,. � a � �.i ��� ,� 1 f •tri � ` �"– �,F` � � r ��.t1,1 rf .1 Fs1[� r ka Eaha f / ! }"1 _ ti - E'D~rvrr b Pei.�llr{ 1f . r r J-'-^ - it Fdc, At— PROJECT SITE _ a �} N -2 PWF �'•., x��' { ! F tX �� L 1G _ '`,�'�` ;. - �'� � � �..�.�„ Vis- .. -- _ 4 l,' HAS �1 P EI �u View � x d CLEARWATER Lonesome Valley Environmental Consultants, Inc Jackson County 718 Oakland Street USDA Soil Survey Map North Carolina Hendersonville, NC 28791 Figure 3 828-698-9800 � K | g O O | s e 7 § } - - . ■� | ___A| �,_�t_aa__� _, _ _ _ __ __ a _ ,_ _. NOM ___. Figur 4 } � ! - . ■ ! !�:§■t ;�°§ �■� ___A| �,_�t_aa__� _, _ _ _ __ __ a _ ,_ _. NOM ___. Figur 4 Cullasaja (CsE) - Typic Haplumberpts Dillard Canyon and Cliffs 2 Cullasaja-Tuckasegee complex (CuD) - Typic Haplumbepts CwA - Cullowhee...... Edneyville-Chestnut complex (EdC, EdE, EdF) - Typic Dystrochrepts Nikwasi (NkA) - Cumulic Humaquepts Plott (PwE) - Typic Haplumberpts Rock outcrop -Cleveland complex (RkF) - Typic Dystrochrepts Saunook (SaC) - Humic Hapludults Tuckasegee (TwQ - Typic Haplumberpts Udonthents (Ud) - Disturbed soil complex Whiteside-Tuckasegee complex (WtB) - Aquic Hapludults (W) and Typic Haplumbrepts (T) Comments on Physical Description: The area is quite complex based on the long list soil .types present in the area. Biological Description: Atop Laurel Knob High Elevation Granite Dome, and Heath Bald communities are found on bare rock. The dwarfed Montane White Oak on the crest of Laurel Knob is dominated by trees less than fifty feet in height. Two ring counts on trees that had recently been cut (one was 12 inches in diameter; the other was 14 inches in diameter) revealed that the canopy here was 175-200 years old. Cow Rock is generally dominated by Montane Oak -Hickory with cliffs dominated by High Elevation Granite Dome, Heath Bald, and Pine-Oak/Heath communities. A small seepage bog is found on the top of Cow Rock. Pine-Oak/Heath: Around the base of the cliffs a mixture of pine and oaks occur. White pine (Pinus strobus) and eastern hemlock (Tsuga canadensis) dominates the. conifers while tulip tree (Liriodendron tulipifera), and oaks (Quercus alba, montana, rubra) dominate the deciduous species in this community type. Understory heaths include mostly mountain laurel, (Kalm.ia latifolia) and rosebay rhododendron (Rhododendron maximum). High Elevation Granite Dome: On the crest and south slopes of Laurel Knob and Cowrock is an extensive High Elevation Granite Dome community. Several pines are found here: shortleaf, table mountain, pitch, and white (Pinus ecbinata, pungens, rigida; strobus), Carolina hemlock (Tsuga carolinana), and red cedar (Juniperus virginiana) that give the area a dark green color year-round. Several deciduous species are also present: hickory (Carya sp.), sourwood (Oxydendrum arboreum), oaks (Quercus alba, montana, rubra, and velutina). In addition, several heaths add to the evergreenness: mountain laurel (Kalmia ladfolia), rhododendrons (Rhododendron catawbiense, minus), and sand myrtle (Leiophyllum buxifolium). Herbs of the outcrops include mats of twisted haircap moss (Selaginella tortipila), switchgrass (Panicum virgatum), little bluestem (Scliizachirium scoparium), mountain oat grass (Danthonia spp.), goldenrods (Solidago sp.), michaux's saxifrage (Saxifraga michauxii), aster (Aster surculosus), and granite dome bluet (Houstonia longifolia var. glabra). Special Status Species present: Plants: Carex biltmoreana (Biltmore sedge) SR 3C S3 G3 Houstonia longifolia var. glabra (Granite dome bluer) SR S3 G573 Juncus gymnocarpus (Seep rush) W1 3C S3 G3 Potential for other special Status Species: No animal species were reported and this area is potentially ripe for several species. Other noteworthy species or features present: Dillard Canyon and Cliffs 3 Site integrity:. Good. Some timber removal has occurred in the past. Average DBH of canopy trees: 12-24 inches (30-60 cm) Maximum DBH of canopy trees: to 36 inches (90 cm) Fire regime: No evidence noted. Logged: Probably 1940-50's. Even -aged canopy: White pine plantations. Non-native or weedy spp.: Others: Adjacent land use: Second -home sites and fish farming. Significance of site: State (level 2). Discussion: 1) The cliffs of Cashiers gneiss that surround Dillard Canyon (the rock faces of Laurel Knob and Cow Rock) drop 1000-1100 feet and are second only in height to those of Whiteside Mountain (1200-1300 feet) in the region and represent the highest contiuous cliffs in the region (those of Whiteside Mountain drop in two stages). 2) The dwarf Table Mountain pine (Pinus pungens) forest and the dwarfed montane white oak ( Quercus alba) forest on top of Laurel Knob are among the best of the region. 3) The rare Biltmore sedge (Carex Biltmoreana) (C, 3C, S2), naked -fruited needlerush (Juncus gymnocarpus) (C,S2), and the uncommon granite dome bluet (Houstonia longifolia var. glabra) (W2, S2) are found at the site. Protection Considerations and Management Needs: Much of site is protected by the Jennings Family. The lower canyon, the lower slopes of Cow Rock, and much of Laurel Knob are currently being developed. Documentation: Gaddy, L L 1992. Report on Dillard Canyon and Cliffs. Report to the Natural Heritage Program, Department of Health, Environment and Natural Resources, Raleigh, NC. 14 P. Hadley, J. B. and A. E Nelson. 1971. Geologic map of the Knoxville quadrangle, North Carolina, Tennessee,.and South Carolina. US Department of Interior, Geological Survey; Washington; DC. Sherrill; Michael L 1994. Personal communication, USDA Soil Conservation Service, Cullowhee, NC. Survey boundaries: This large boundary is mainly based on maps rather than field examenation. It may need adjustment, both for the protection of private land rights and for potential extension, especially to the north or east. Priority for further survey: This superficial survey needs a more thorough evaluation. Data on the various community types not described in detail is a primary need. Animal surveys also are high on the priority recommendations. Specimens collected: Plants (Pittillo) Photographs made of. Distant views and outcrops. 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C $ m m e LL $ n o°yp_�o m2CV3Ni U m3 W OL '.V 8LL Z 8 GGE Hb Ji Ji p�<q•OwnT<T'� 1 < �.1 <Y 8 w x q oma > Q Q Z Q Q Z 1ZQy ZZ ZZ >' 3 W O Zp OC � x < x o W Z W I C vUWjm N N N N N N LL x I p N D.N N I F iz m m n° X W z W z O N 11 �� `N fY �1 Q p41 1t ^ � U yVy -' W z O N a uj z d� E �o 0 "' 1.0 E�-ooE «10 y� M. ��QZo A �ro'mMi BEgag y N p O «�EELL o c D V LL �OL9« 5iE� t U O @ U O C W 1�py`L' E O'Ep LL p w IodQ `Oa(I 5) A a�1 -' W z O N a uj z d� E �o 0 "' 1.0 E�-ooE «10 y� M. ��QZo A �ro'mMi BEgag y N p O «�EELL o c D V LL �OL9« 5iE� t U O @ U O C W 1�py`L' E O'Ep LL p w IodQ `Oa(I 5) Threatened and Endangered Species Assessment For Lonesome Valley Jackson County, North Carolina December 19, 2006 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 613 -acre Lonesome Valley site. The T&E species survey was conducted to determine the occurrence of or the potential for 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. 19b 106: 202.12-22). The referenced site is located adjacent to the northern side of U.S. Highway 64 west of the Sapphire area, Jackson County, North Carolina (Figure 1). Coordinates for the site are latitude: N35°07'51.5"; longitude: W83°3'46.2," with an elevation ranging from 3,200 feet to 4,400 feet MSL. 2.0 METHODOLOGY A preliminary protected species survey was conducted on May 18 and 24, 2005, on the Lonesome Valley project site by Clearwater Environmental Consultants, Inc., to determine the potential for occurrences of listed threatened and endangered animal and plant species by current Federal or State regulations. Recent correspondence solicited from the U.S. Fish & Wildlife Service (USFWS) dated April 22, 2005, provided existing data (Table 1) concerning the presence or potential occurrence of threatened or endangered species in Jackson County, North Carolina. The USFWS lists the following six federally threatened and endangered species as occurring or potentially occurring in Jackson County. The species listed below were included in the surveys and assessment. Table 1. Federally listed species for Jackson County, North Carolina Common Name Scientific Name Status Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered Indiana bat Myotis sodalis Endangered Appalachian elktoe Alasmidonata raveneliana Endangered Swamp pink Helonias bullata Threatened Small -whorled pogonia Isotria medeoloides Threatened Rock gnome lichen Gymnoderma lineare Endangered The protected species audit consisted of a pedestrian survey. During field surveys, seven general habitats were identified and compared with recognized habitats for each of the six species potentially occurring on the site. Potential flora and fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. 3.0 HABITAT CLASSIFICATION During our site visits, seven habitat types were identified on the property: high elevation granitic dome, montane alluvial forest, montane oak hickory forest, mixed pine/hardwood forest, maintained pasture, wetlands, and stream bed and bank (Figure 2). The following is a description of each of the seven habitat types identified on the referenced site and its likelihood to harbor or support listed species. A soils discussion is also provided. 3.1 High Elevation Granitic Dome This habitat type consists of uniform granite cliffs with some zoned mats of vegetation occurring along cracks and crevices in the rock. Woody species may occur in older established mats, they may include Carolina Hemlock (Tsuga caroliniana), Mountain Laurel (Kalmia latifolia), and Mountain Rosebay (Rhododendron catawbiense). The majority of this habitat type is devoid of vascular plants. 3.2 Montane Alluvial Forest This habitat type occurs along stream and river floodplains at high to moderate elevations. Tree species here are dominated by Eastern Hemlock (Tsuga Canadensis) and Red Maple (Acer rubrum). The shrub layer consists of Rosebay (Rhododendron maximum) and Dog Hobble (Leucothoe fontanesiana). The dense shrub layer in this habitat type prevents the formation of any noticeable herbaceous layer. 3.3 Montane Oak Hickory Forest This habitat type occurs on dry-mesic slopes and ridgetops at high to moderate elevations. The tree species here are dominated by a mixture of oaks, hickories, and other hardwood species, including Red Oak (Quercus rubra), Chestnut Oak (Quercus prinus), Pignut Hickory (Carya glabra), and Tulip poplar (Liriodendron tulipifera). Flowering dogwood (Cornus florida) and Red Maple (Acer rubrum) are commonly found in the understory. Shrub layer vegetation consists of Rosebay (Rhododendron maximum), Mountain Laurel (Kalmia latifolia), Bear Huckleberry (Gaylussacia ursina), and Blueberry (Vaccinium spp). The herbaceous layer includes Indian Cucumber Root (Medeola virginiana), blue eyed grass (Sisyrinchium sp.), bracken fern (Pteridium aquilinum), northern red oak (Quercus rubra), oxeye daisy (Chrysanthemum leucanthemum), buttercup (Ranunculus sp.), pink trillium (Trillium sp.), devils bit (Chamaelirium luteum), lily of the valley (Convallaria majalis), speckled wood lily (Clintonia umbellulata), squaw root (Conopholis americana), white baneberry (Actaea pachypoda), yellow flag (Iris pseudacorus), Bedstraw (Galium spp.), and Galax (Galax aphylla). 3.4 Mixed Pine/Hardwood Forest This habitat type occurs on dry-mesic slopes and ridgetops at high to moderate elevations. The tree species here are dominated by a mixture of pines, oaks, hickories, and other hardwood species, including Red Oak (Quercus rubra), Chestnut Oak (Quercus prinus), Pignut Hickory (Carya glabra), and Tulip poplar (Liriodendron tulipifera). The upper canopy level is composed of mature white pines (Pinus strobus). These mature pines overshadow approximately 20- 40% of the lower oak hickory forest. Flowering dogwood (Cornus florida) and Red Maple (Acer rubrum) are commonly found in the lower understory. Shrub layer vegetation consists of Rosebay (Rhododendron maximum), Mountain Laurel (Kalmia latifolia), Bear Huckleberry (Gaylussacia ursina), and Blueberry (Vaccinium spp). The herbaceous layer includes Indian Cucumber Root (Medeola virginica), Bedstraw (Galium spp.), and Galax (Galax aphylla). 3.5 Maintained Pasture This habitat consists of mowed agricultural pastures suitable for livestock grazing. 3.6 Wetlands This habitat type is composed of a variety of seeps and bogs associated with the base of slopes, old stream channels, and low areas with poor drainage. Tree species include Red Maple, Eastern Hemlock, and tulip poplar. The shrub layer is dominated by Rosebay and Dog Hobble. The shrub layer also includes multiflora rose (Rosa multiflora), hazel alder (Alnus serrulata), southern pinxter flower (Rhododendron canescens), spicebush (Lindera benzoin), and elderberry (Sambucus canadensis). Herbaceous species include cinnamon fern (Osmunda cinnamomea), soft rush (Juncus effuses), bluet (Houstonia sp), buttercup (Ranunculus sp.), unknown sedges (Carex spp.), turtlehead (Chelone sp.), jack in the pulpit (Arisaema triphyllum), netted chainfern (Woodwardia areolata), shining club moss (Lycopodium lucidulum), jewelweed (Impatiens capensis), yellow root (Xanthorhiza simplicissima), violet (Viola spp.), and rattlesnake root (Prenanthes sp.). 3.7 Stream Bed and Bank This habitat type is composed of coldwater mountain streams capable of supporting wild trout populations. 3.8 Soils Soils mapped by the Natural Resources Conservation Service (MRCS) Jackson County Soil Survey, Map #79 and 83 for the Lonesome Valley site include: Chestnut-Edneyville complex (8-50 percent slopes), Cleveland -Chestnut -Rock outcrop complex (50-95 percent slopes), Cullasaja fine sandy loam (30-50 percent slopes), Cullasaja-Tuckasegee complex (15-30 percent slopes), Edneyville— Chestnut complex (8-95 percent slopes), Nikwasi fine sandy loam (0-2 percent slopes), Plott fine sandy loam (30-50 percent slopes), Rock outcrop Cleveland Complex (30-95 percent slopes), Saunook gravelly loam (8-15 percent slopes), Statler loam (1-5 percent slopes), Tuckasegee-Whiteside complex (8-15 percent slopes), Tuckasegee-Whiteside complex (8-15 percent slopes), Whiteside- Tuckasegee Complex (2-8 percent slopes). 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 Federally listed as an endangered species, the 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 (exact county undetermined)], and two localities in the eastern mountains of Tennessee (Carter and Sevier Counties). The northern flying squirrel is typically 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. According to Professor Peter D. Weigl of Wake Forest University (1977), the northern flying squirrel occurs primarily in the ecotone, or vegetation transition zone, between the coniferous 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 (Jackson 1961; Baker1983), but they may also construct and use leaf nests - especially in the summer (Weigl and Osgood 1974). The interior of both types of nests is lined with lichens, moss, or finely chewed bark. Potential habitat for the northern flying squirrel is limited on this property due to a lack of coniferous/northern hardwood ecotone on the property. Therefore, impacts to this species are not anticipated for this project. 4.2 Indiana bat Federally listed as an endangered species, the Indiana bat is a medium-sized Myotis species, closely resembling the little brown bat (Myotis lucifugus) but differing in coloration. Its fur is a dull grayish chestnut rather than bronze,low K .4 with the basal portion of the hairs of the back dull lead colored. This bat's underparts are pinkish to cinnamon, and its feet are 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. Riparian corridors adjacent to Logan Creek may provide suitable summer foraging habitat for the Indiana bat. 4.3 Appalachian elktoe Federally listed as endangered, this mussel has a thin but not �I fragile, kidney -shape shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide (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. 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 perennial streams on-site are much smaller than is typically associated with this species are generally not considered suitable habitat for this species. No impact to this species on-site is likely from this project. 4.4 Swamp pink Federally listed as threatened, this species is found in wetlands that are saturated but not flooded. This habitat includes southern Appalachian bogs and swamps. Swamp pink would also be found in Atlantic white cedar swamps and swampy forests bordering small streams, boggy meadows, and spring seepage areas. This species is commonly associated with some evergreens, including white cedar, pitch pine, American larch, and black spruce. The basal rosette of light green, lance -shaped, and parallel -veined leaves with a hollow- stemmed flower stalk that can grow 8-35 inches during flowering and up to 5 feet during seed maturation distinguishes the swamp pink species. Flowering occurs March through May, and flowers are clustered (30-50) at the tip of the stem in a bottlebrush shape. Potentially suitable habitat for swamp pink exists within the larger wetland areas adjacent to Logan Creek. These wetlands were surveyed for swamp pink by Bob Thomas in May. No swamp pink plants were observed during this survey. The wetlands will not be impacted by filing activities. 4.5 Small -whorled pogonia This plant, federally listed as an endangered species, occurs on upland sites in mixed - deciduous or mixed-deciduous/coniferous forest that are generally in second or third growth successional stages. Characteristics common to most sites include sparse to moderate ground cover in the species' microhabitat, a relatively open understory 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 I. verticillata by the latter's purplish stem and long, dark sepals. Potential habitat does exist on the property; however the pedestrian survey conducted during May (the peak flowering period for the small whorled pogonia) did not identify any specimens. 4.6 Rock gnome lichen Federally listed as an endangered species, rock gnome lichen occurs on rocks in areas of high humidity either at high elevations (usually vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at lower elevations. Distinguishing characteristics include dense colonies of narrow (.04 inch) straps that are blue - grey on the upper surface and generally shiny - white on the lower surface. Near the base they 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 and are black (similar Cladonia species have brown or red fruiting bodies). Flowering occurs July through September. Suitable habitat for this species does exist within the project area. This habitat is composed of the extensive vertical cliff faces found on the property. It was not possible to survey these areas however no impacts are proposed to these cliff faces. Therefore, no impact to this species is likely. 5.0 CONCLUSION During completion of threatened and endangered species assessments for the Lonesome Valley site, potential habitats for listed species were observed for the Indiana bat, swamp pink, small whorled pogonia, and rock gnome lichen. It is unknown at this time if rock gnome lichen occurs on the vertical cliff faces found on the property. Preliminary project designs do not affect these cliffs. Indiana bat summer habitat does exist on the project site, however USFWS records indicate that Jackson County N.C. records of this species have all been winter records. No winter hibernation habitat was observed on the project site. The pedestrian survey for the small whorled pogonia did not identify any individuals, despite the presence of potential habitat. Pedestrian surveys for swamp pink did not identify any individuals. As such, the proposed residential community is not likely to cause an adverse impact to any federally listed threatened or endangered species. Although no federally listed threatened and endangered species were identified during these surveys, because of the transitory nature of some of the listed threatened and endangered species and the particular flower/fruiting periods of some plants, it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. Em-grer- I'm CLEARWATER Lonesome Valley Environmental Consultants, Inc. Site Vicinity Map Jackson County 718 Oakland Street North Carolina Hendersonville, NC 28791 Figure 1 828-698-9800 .' 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'",a ..: .•A- f .'Y. : .J: A �''� 1i. \7;1ir +�L .!`\4,,a ,Pl,�b Appendix A Species List Trees Acer rubrum (Red Maple) Betula lenta (Cherry) Carya glabra (Pignut Hickory) Cornus florida (Flowering Dogwood) Hamamelis virginiana (Witch Hazel) Liriodendron tulipifera (Yellow Poplar) Nyssa sylvatica (Black Gum) Pinus strobus (White Pine) Quercus rubra (Red Oak) Quercus prinus (Chestnut Oak) Tsuga canadensis (Eastern Hemlock) Shrubs Alnus serrulata (Hazel Alder) Clethra acuminate (Mountain Sweet Pepper Bush) Gaylussacia ursina (Bear Huckleberry) Ilex verticillata (Common Winterberry) Kalmia latifolia (Mountain Laurel) Leucothoe fontanesiana (Dog Hobble) Lindera benzoin (Spicebush) Rhododendron maximum (Rosebay) Rosa multiflora (Rose) Sambucus canadensis (Elderberry) Vaccinium spp. (Blueberry) Herbs Actaea pachypoda (White Baneberry) Arisaema triphyllum (Jack in the Pulpit) Aster puniceus (Swamp Aster) Carex erinata var. erinata (Fringed Sedge) Carex folliculate (Northern Long Sedge) Carex frankii (Frank's Sedge) Carex intumescens (Bladder Sedge) Carex leptalea (Bristly -Stalk Sedge) Carex lurida (Shallow Sedge) Carex spp. (Sedges) Cicuta maculate (Water Hemlock) Chamaelirium luteum (Devils Bit) Chrysanthemum leucanthemum (Oxeye Daisy) Clintonia umbellulata (Speckled Wood Lily) Chelone sp. (Turtlehead) Conopholis Americana (Squaw Root) Convallaria majalis (Lily of the Valley) Dulichium arundinaceium (Three Way Sedge) Galium sp. (Bedstraw) Galax aphylla (Galax) Glyceria melicaria (Melic Manna Grass) Hypericum mutilum (Slender St. John's -Wort) Houstonia sp. (Bluet) Impatiens capensis (Jewelweed) Iris pseudacorus (Yellow Flag) Juncus effuses (Soft Rush) Juncus diffussimus (Slim -Pod Rush) Lobelia spicata (Pale -Spike Lobelia) Lycopodium lucidulum (Shining Club Moss) Lysimachia lanceolata (Lance -Leaf Loosestrife) Medeola virginica (Indian Cucumber Root) Osmunda regalis (Royal Fern) Osmunda cinnamomea (Cinnamon Fern) Platanthera (Habenaria) clavellata (Small Green Woodland Orchid) Prenanthes sp. (Rattlesnake Root) Polystichum acrostichoides (Christmas Fern) Polygonum sp. (Tearthumb) Prunella vulgaris (Heal -All) Pteridium aquilinum (Bracken Fern) Ranunculus sp. (Buttercup) Rosa palustris (Swamp Rose) Scirpus cyperinus (Wool Grass) Scirpus polyphyllus (Leafy Bulrush) Sisyrinchium sp. (Blue Eyed Grass) Solidago patula (Rough Leaf Golden Rod) Sphagnum sp. (Moss) Trillium sp. (Pink Trillium) Woodwardia areolata (Netted Chainfern) Vernonia novaboracensis (New York Iron Weed) Viburnum cassinoides (With -Rod) Viola cucullata (Marsh Blue Violet) Viola spp. (Violets) Xanthorhiza simplicissima (Yellow Root) 3 Appendix B USFWS and Natural Heritage Correspondence ENT QF T y�ym : United States Department of the Interior o FISH AND WILDLIFE SERVICE 'ffgRCH 33 ,B"9 Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 April 22, 2005 Mr. R. Clement Riddle, P.W.S. Clearwater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Dear Mr. Riddle: Subject: Site Assessment for Property Located North of Highway 64 in Cashiers, Jackson County, North Carolina In your letter of March 25, 2005, you requested our comments on the subject project. We have reviewed the information you presented and are providing the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended .(16 U.S.C. 661-667e), and.section 7 of the Endangered Species.Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Your letter does not include a description of the projector any potential impacts. Based on the information available through Jackson County's GIS web site and our knowledge of the project area, the property is almost entirely wooded (though some development has taken place near Highway 64) and has multiple streams (Logan Creek and an unnamed tributary to Logan Creek) flowing north to south. Also, several areas of high -elevation granitic domes are located within the project area. Endangered Species. You do not present evidence of any surveys of the project area for federally listed species known from Jackson County. Unless an area has been specifically surveyed for listed species or no appropriate habitat exists, a survey should be conducted to ensure that these resources are not inadvertently lost. Adjacent to the project area we do have records of the federally endangered rock gnome lichen (Gymnoderma lineare) and several federal species of concem--Cuthbert's turtlehead (Chelone cuthbertii), Fraser's loosestrife (Lysimachia fraseri), and green salamander (Aneides aeneus)--as well as three species listed by the North Carolina Natural Heritage Program (NCNHP) as significantly rare' --granitic dome bluet (Houstonia longifolia var. glabra), pink -shell azalea (Rhododendron vaseyi), and bog Jack in -the -pulpit (Arisaema triphyllum ssp. Stewardsoniz). We would like to see a detailed account of the botanical analysis for this project. Enclosed is a list of federally endangered and threatened species and federal species of concern for Jackson 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, NCNHP) before any actions are taken. Erosion Control and Wetland/StreaM Protection. Given the proximity of the project to multiple streams (the project area should also be surveyed for wetlands), we want to emphasize that stringent measures to control sediment and erosion should be implemented prior to any ground disturbance and should be maintained throughout project construction. All wetland/stream crossings should be made perpendicular to the stream, and spanning structures should be used rather than culverts. Wetland/stream buffers (a minimum of 100 feet on perennial streams and 50 feet on intermittent streams) should be maintained throughout the project area. The treatment of storm water leaving the project area is also a concern. The expansion of urban/suburban areas creates more impervious surfaces (such as roofs, roads, and parking lots), which collect pathogens, metals, sediment, and chemical pollutants, and quickly transmit them to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States and is linked to chronic and acute illnesses from exposure through drinking water and contact recreation. Best management practices can reduce, but not eliminate, pollutant loadings of common storm -water pollutants. Designs that collect runoff and allow it to infiltrate the soil have the highest documented pollutant -removal efficiency, eliminating nearly all lead, zinc, and solids and more than 50 percent of total phosphorous. Ponds and wetlands, which allow contaminants to settle out of the water column or be broken down by sunlight and biological activity, can remove more than 70 percent of bacteria. The North Carolina Wildlife Resources Commission has developed a "Guidance Memorandum to Address and Mitigate Secondary and Cumulative Significantly rare species are those that are very rare in North Carolina, generally with 1 to 100 populations in the State and with substantial reductions in numbers as a result of habitat destruction (and sometimes by direct exploitation or disease). 2 Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality" that we support and encourage you to use. It can be accessed via the Internet as follows: http://wwvv.ncwildlife.orglpg07 wildlifespeciescon/pg7c3_impacts.pdf. We offer the following recommendations to help address the secondary and cumulative impacts that may be associated with this project and to help minimise impacts to fish and wildlife resources: 1. The construction of new roadways can produce short-term direct impacts as well as long-term cumulative effects. Studies have shown a serious decline in the health of receiving waters when 10 to 15 percent of a watershed is converted to -impervious surfaces. Impervious surfaces should be limited to no more than 7 percent, curb and gutter should be limited in new developments, and the direct discharge of storm water into streams should be prevented. We recommend the use of grassed swales in place of curb and gutter and on-site storm -water management (i.e., bioretention areas) that will result in no net change in the hydrology of the watershed. These'designs often cost less to install and significantly reduce environmental impacts from residential development. 2. Efforts should be made to avoid the removal of large trees at the edges of construction corridors. Disturbed areas should be reseeded with seed mixtures that are beneficial to wildlife. Fescue -based mixtures should be avoided; fescue is invasive and provides little benefit to wildlife. Native annual small grains appropriate for the season are preferred and recommended. Where feasible, use woody debris and logs from project area clearing to establish brush piles and downed logs at the edges (just in the woods) of the cleared areas to improve habitat for wildlife. Additionally, herbicides should not be used in we-tlaad areas or near streams. We strongly suggest the use of bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the need to fill and install culverts. All stream crossings should be made perpendicular to the stream. If culverts are the only option, the culvert must be buried at least'a foot below the natural streambed to allow for proper water depth and the movement of aquatic organisms. Under no circumstances should stream channel widening for culverts occur nor should riprap be placed in the stream channel. 4. Equipment should not be operated in the stream unless absolutely necessary. Equipment should be operated from the banks in a fashion that minimises disturbance to woody vegetation. Equipment should be inspected daily and should be maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants, and other toxic materials should be stored outside the riparian 3 management area of the stream, in a location where the material can be contained. Equipment should be checked for .leaks of hydraulic fluids, cooling system liquids, and fuel and should be cleaned before fording any stream. Also, all fueling operations should be done outside the riparian management area. At this stage of project development and without more specifics about construction locations or techniques, it is difficult for us to assess potential environmental impacts (direct, indirect, and cumulative). We therefore recommend that any environmental document prepared for this project include the following (if applicable): 1. A complete analysis and comparison of the available alternatives (the build and no -build alternatives). 2. 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. 3. 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. 4. 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. 5.. The acreage of upland habitat, by cover type, that will be eliminated because of the proposed project. 6. 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. 7. 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. 0 8. 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 any 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 4-2-05,-170. Enclosure Sincerely, 1 Brian P. Cole Field Supervisor R 0 ;2 a NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor March 30, 2005 Mr. R. Clement Riddle C1earWater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, NC 28792 Subject: Lonesome Valley Project; Jackson County Dear Mr. Riddle: William G. Ross Jr., Secretary The Natural Heritage Program considers nearly all of the project area to lie within a State significant natural area identified in the Jackson County natural area inventory (1994) as the Dillard Canyon and Cliffs. I am enclosing the report I`or-that site, from the inventory, conducted by Dr. J. Dan Pittillo, of Western Carolina University. The enclosed snap indicates the boundary of the natural area, as well as the two rare plant locations and the locations of several high quality natural communities. The two rare plants are found on the very steep cliffs on the west face of Cowrock Mountain. Because of the importance of the natural area, we would like to see as much of the natural area placed into some type of protection status. If the project involves development of the area, we hope that construction would be limited to the floor of the canyon and not on the mid- and upper slopes, nor on the tops of the mountains at the edge of the cliffs. (You did not indicate in your letter what the scope or intent was for the Lonesome Valley property.) Let us know if our Program can be of assistance in protection efforts for the Dillard Canyon and Cliffs natural area. 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 topographic quad map. 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 Enclosures 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 NOne orthCarolina Phone: 919-733-4984 • FAX: 919-715-3060 • Internet: www.enr.state.naus An Equal Opportunity , Affirmative Action Employer - 50 % Recycled • 10 % Post Consumer Paper Dillard Canyon and Cliffs 1 SITE SURVEY REPORT Date: May 1994 (April 1992) N.C. Natural Heritage Program Quad Name: Big Ridge P.O. Box 27687 / Raleigh NC 27611 Jackson County Province: Blue Ridge Name of Site: Dillard Canyon and Cliffs (Cow Rock and Laurel Knob) Surveyors: J. Dan Pittillo and L. L. Gaddy Location & Directions: This site is located about two air miles from Cashiers. To reach Dillard Canyon, proceed east on U.S. 64 for about 2.7 miles. Turn left at paved road after Jennings Building Suppy. Park at the first left on this road and follow small logging road into canyon. Permission must first be obtained before visiting the site. Size: 1092 acres. Watershed: Logan Creek/ Horsepasture River Owners and address:, W. Dick Jennings, Lonesome. Valley Corporation, P. O. Box 1459, Cashiers, NC 28717 (Phone 704/743-3684); Tom and Gorgene German, Route 3, Box 310, Savannah, GA 31406 (Phone 912/352-0980 or 704/743-5378). Status: Unprotected. Owner contacted & Attitude: Both owners were open to the survey and may be interested in the natural areas designation. General Landscape Description: Resembling the canyons of the west, the headwaters of Logan Creek valley make tip what is called Dillard "Canyon." The trail into the canyon leads through even -aged White Pine forests, into cut -over Cove Forest dominated by tulip poplar (Liriodendro tuUpifera), and on to Canada Hemlock and Pine-Oak/Heath forests occur under the sheer cliffs of Laurel Knob and Cow Rock. A large cleavage in Laurel Knob is supposedly passable, leading to the crest of the knob. Laurel Knob, which has a greater diversity of communities than Cow Rock, is gently sloping on the top. Physical Description:. Aspect: All but mainly west, northeast, and east along the valley sides. Slope: Nearly flat in the valley floor to almost vertical on the lower cliff slopes. Topog. Position: Upper, mid, and lower slopes and .alluvial flats. Hydrology: Terrestrial. Moisture: Mesic to dry mesic. Elevation: 3200 -4440 feet Geology: Quartz diorite to granodorite: Previously this formation was called Whiteside Granite (Pzw; Hadley and Nelson, 1971) or Cashiers Gneiss (McKniff, 1967). These igneous rocks are of Devonian age (390 million years) and are classed as Quartz diorite to granodiorite (NC Geological Survey, 1985). Biotite schist and Qneiss (pCgc; locally called granite): Biotite-quartz-plagioclase gneiss and schist, commonly characterized by porophyroblasts of muscovite, microcline, garnet, or kyanite; locally contains sillimanite, graphite, or hornblende; commonly thin interlayered with micaceous quartz -feldspar gneiss(metasandstone); less commonly interlayered with amphibolite and hornblende schist (Hadley and Nelson, 1971). Soils: The following soil series are listed by the Soil Conservation Service (Sherrill, 1994): Cleveland -Chestnut -Rock outcrop complex (CpF) - Lithic to Typic Dystrochrepts SNAGGY 9, ELEY .5.51 HODCMEAD I t DOUBLE TOP AM mcm A—m mv. 5,500 N A 'r I I=-- L"ll BEAR CREEK F 0 R E 5 T BaL CONEY MTK SHERWOOD WILDLIFE MANAGEMENT AREA OWNEY TOP MM UY. 4,625 0 , ole 11 TANASEE ULD B". 5,622 PISGAH WILDLIFE MANAGEMENT AREA "TANASH C;Ap NATIONAL . :OW814S GAP S TO -ZVAW_ FOREST R I DGE D 'UTTLE HOGBACK MTK TOX,kWAY*,—' �lk PISGAH z CA z JAN 2 9 2007 U� ATER RRMCH 0 Map I DILLARD CANYON AND CLIFF Jackson County North Carolina N. C. Dept. of Transportation, 199C Il � _ � •.V.; "''its �'. � ,� i �� j i /�� l'. , 0� �:� \ vt'. ���� •�?o`� �� /`J �_ • � ��'7. ,. r�, l� i " - .. ,^ ter' r i. C/.•:•':'.� , � /1 1,,I %'':• � i . % �� �/ �. 1 Ca� \ � ,V....,j 1`;:: _ 41 MI U. __ �.:,`�•ly';� � I� �/r't ���� , ! .��� I\j(gl:� t` ��,/'��fi/' ,f ,fit^'' i �� . '�1: r �' l��/ lit 1 /:'\, I � r\��� 1 , ` � `t /��i��J � �� ,`` ��,^���•, "� i? � � �f'`'` _i!•=i.TI �Fi-,. r� \ ; 1 � 40a0 Ir � �: � ; ) r`' -. \ \ v ( �\}. �(. ��_ / � �j`-v�"O"Dn" J r� � J" ,ti' . +r• - - -+-1-'- ,t.�.,J...�- -- 7 �. t - - � ',til rti _!_._�01 _ r�� 'rte.•. ' �' � I � � • -a JAL/ \ \ �� - p fDDD� � � � � '• .(� d;_; WA l—, T 6j YkJIJDILLARD CANYON AND CLIFFS • 2 Bi Ridge Big 8 Quadrangle �� eo North Ca rolina ;are Nantahala National Forest, I987 780,000 FEET CAS IERS Si. 107 1.6 M!. , v HIGHLANDS 12 MI. (Cashie s 176 -SE) JUNCTION ST. 281, 9.7 MI. 2'31)' SCALE 1:24000 ROSMAN FED. 178, 19 MI. Y, 0 �• ��--�- )GOO "000 2000 t MILE 3000 4000 SOW _ 60W 7WOFE ET 0 - I KILOMETER Dillard Canyon, .Cow Rock, l ;I Knob age 46 Species Presence and Abundance: Gaddy and Pittillo note TREES I LK/A Acer. rubrum LK/U Amelanchier arborea 17266 Betula lenta ILK Carya glabra 17279 Carya sp. CR/LK Hamamelis virginiana 17281 Juniperus virginiana 7256, LK/CR/A Nyssa sylvatica 17269 .Oxydendrum arboreum 17277, CR/LK Pinus schinata I CR/LK Pinus pungens 17258, LK/A Pinus rigida 17259, LK/CR Pinus strobus ICR Quercus alba I CR/LK Quercus montana 17280, CR/LK Quercus rubra I CR/LK Quercus velutina ICR Sassafras albidum 17270 Tsuga canadensis 7257 Tsuga caroliniana I LK/C SHRUBS Aronia arbutifolia 7264 Aronia prunifolia 7265 Chionanthus virginicus 17267 Gaultheria procumbens I LK/A Gaylussacia frondosa 17257 Gaylussacia ursina Hypericum buckleyi Kalmia latifolla I CR 17283 7274, CR/LK Leiophyllum buxifolium var. prostratum Rhododendron catawbiense 17272, LK/A 7278, CR/LK. Rhododendron minus Robinia hispida 17273, CR/LK 7282 Vaccinium stamineum HERBS Agrostis elliottiana 17276 7253 Andropogon virginianum Aster surculosus LK 7291, LK Calamagrostis cinnoides Carex biltmoreana 17251 CFVR Carex umbellata CR/LK/R Coreopsis major var. stellata 17289 Crotonopsis elliptica 7284 Cvwbedium acaule 17260 Dillard Canyon, Cow Rock, irel Knob Page % JdL;&NO1I1 L,VUIILY ZIIUWIgCI-UU JDeCleS, 1 nreaIenea -3pecies,reaeral JpeC1PC or uoncem, an... rage i or .S Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Jackson County, North Carolina Updated: 04-27-2006 Critical Habitat Designations: Appalachian elktoe - Alasmidonta raveneliana - The main stem of the Tuckasegee River (Little Tennessee River system), from the N.C. State Route 1002 Bridge in Cullowhee, Jackson County, North Carolina, downstream to the N.C. Highway 19 Bridge, north of Bryson City, Swain County, 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. Federal Register Reference: September 27, 2002, Federal Register, 67:61016-61040. Common Name Vertebrate: Appalachian Bewick's wren Bog turtle Scientific name Thryomanes bewickii altus Clemmys muhlenbergii Carolina northern flying squirrel Glaucomys sabrinus coloratus Eastern small -footed bat Myotis leibii Green salamander Hellbender Indiana bat Northern pine snake Northern saw -whet owl Aneides aeneus Cryptobranchus alleganiensis Myotis sodalis Pituophis melanoleucus melanoleucus Aegolius acadicus pop. I Federal Record Status Status FSC Historic T (S/A) Probable/potential E Current FSC Current FSC Current FSC Current E Historic FSC Current FSC Current http://www.fws.gov/ne-es/es/cntylist/jackson.html 11/15/2006 JaIr,3vii t..UUllly L:11UalIgUIQU OPUU1GJ, I1.11UM 11GU opGclCS,ruuuf 1 Jpeclt'ti of uuncern, an... rage L 01 .5 (Southern Appalachian population) Olive darter Pygmy salamander Red crossbill (Southern Appalachian) Sicklefin redhorse Smoky dace Southern Appalachian black - capped chickadee Southern Appalachian eastern woodrat Southern rock vole Yellow -bellied sapsucker (Southern Appalachian population) wounded darter Invertebrate: Appalachian elktoe Diana fritillary (butterfly) French Broad crayfish Southern Tawny Crescent butterfly Whitewater crayfish ostracod a harvestman Vascular Plant: Blue Ridge Ragwort Butternut Cuthbert turtlehead Darlington's spurge Fraser fir Fraser's loosestrife Gorge filmy fern Granite dome goldenrod Gray's saxifrage Lobed Barren -strawberry Mountain Thaspium Mountain bitter cress Mountain catchfly Radford's sedge Small whorled pogonia Southern Oconee -bells Percina squamata FSC Desmognathus wrighti FSC Loxia curvirostra FSC Moxostoma sp. 1 C Clinostomus funduloides ssp. FSC Poecile atricapillus practicus FSC Neotoma floridana haematoreia FSC Microtus chrotorrhinus carolinensis Sphyrapicus varius appalachiensis Etheostoma vulneratum Alasmidonta raveneliana Speyeria diana Cambarus reburrus Phyciodes batesii maconensis FSC FSC FSC Current Current Current Current Current Current Current Historic Current Current E Current FSC Current FSC Current FSC Current Dactylocythere prinsi FSC Fumontana deprehendor FSC Packera millefolium Juglans cinerea Chelone cuthbertii Euphorbia purpurea Abies fraseri Lysimachia fraseri Hymenophyllum tayloriae Solidago simulans Saxifraga caroliniana Waldsteinia lobata Thaspium pinnatifidum Cardamine clematitis Silene ovata Carex radfordii Isotria medeoloides Shortia galacifolia var. FSC FSC FSC FSC FSC FSC FSC FSC FSC FSC FSC FSC FSC FSC T FSC Obscure Current Current Current Current Current Current Current Current Current Historic Historic Historic Current Current Current Current Historic http://www.fws.gov/ne-es/es/cntylist/jackson.html 11/15/2006 .,acxsun uouncy r,nciangerea species, inreaienea opecies,reaerai !)pecif-q or Loncem, an... rage .J or -i galacifolia Swamp pink Helonias bullata T Current Sweet pinesap Monotropsis odorata FSC Current Tall larkspur Delphinium exaltatum FSC Current Torrey's Mountain -mint Pycnanthemum torrei FSC Historic Nonvascular plant: Gorge moss Bryocrumia vivicolor FSC Historic a liverwort Plagiochila sharpii FSC Historic a liverwort Plagiochila sullivantii var. FSC Historic spinigera a liverwort Plagiochila sullivantii var. FSC Historic sullivantii a liverwort Plagiochila virginica var. FSC Historic caroliniana a liverwort Sphenolobopsis pearsonii FSC Historic Definitions of Federal 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." P = proposed. A taxon proposed for official listing as endangered or threatened. C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C 1 " candidate species.) FSC = federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. T(S/A) = threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. Definitions of "Record Status" qualifiers: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. http://www.fws-gov/ne-es/es/cntylist/jackson.html 11/15/2006 IN(- ivnr itounry r,iemeni cearcn Page 1 of 3 NC NHP County Element Search Results f New Search Returned Elements: 72 using: JACKSON LISTED [Invertebrate Animal 12] [Nonvascular Plant 12] [Vascular Plant 24] [Vertebrate Animal 24] Major Group Scientific Name Common Name State Federal State Global County - Map - Status Status Rank Rank Status Habitat Invertebrate Alasmidonta raveneliana Animal Appalachian Elktoe E E S1 G1 Jackson - Link Current — Invertebrate Cambarus chaugaensis Animal Oconee Stream Crayfish SC None S2 G2 Jackson - Link Current — Invertebrate Cambarus eor rae Animal g g Little Tennessee River SC None S2S3 G1 Jackson - Link Crayfish Current Invertebrate Cambarus reburrus Animal French Broad River Crash SR FSC S2S3 G3G4 Jackson - Link Current — Invertebrate Dactylocythere rinsi Animal Whitewater Crayfish W3 FSC S1 GNR Jackson - Link Ostracod Historical Invertebrate Fumonelix orestes Animal Engraved Covert T None S1 G1 Jackson - Link Current — Invertebrate Inflectarius ferrissi Animal Smoky Mountain Covert T None S2 G2 Jackson - Link Obscure — Invertebrate Lampsilis fasciola Animal Wavy -rayed Lampmussel SC None S1 G5 Jackson - Link Current — Inv Aniertebrate mal Pa/lifera hemphilli Black Mantleslug Sc None S2 G4 Jackson- Link Obscure — Invertebrate Patera clarki clarki Animal Dwarf Proud Globe SC None S2 G3T3 Jackson - Link Obscure — Invertebrate Phyciodes batesii maconensis Animal Tawny Crescent SR FSC S2 G4T2T3 Jackson - Link Current — Invertebrate Villosa iris Animal Rainbow SC None S1 G5 Jackson - Link Current Nonvascular Bryocrumia vivicolor Plant Gorge Moss E FSC SH G1 G2 Jackson - Link Historical — Nonvascular Bryoerythrophyllum Plant recurvirostrum q Red Foot Moss W7 None S2? G5 Jackson - Link Current Nonvascular Cheilolejeunea evansii Pliant A Liverwort E None S1 G1 Jackson - Link Current — Nonvascular Chiloscyphus appalachianus Plant A Liverwort SR -T FSC Si G1 G2Q Jackson - Link Current — Nonvascular Gymnoderma lineare Plant Rock Gnome Lichen T E S2 G2 Jackson - Link Current — Nonvascular Plagiochila sharpii Plant A Liverwort SR -L FSC S2 G2G4 Jackson - Link Current Nonvascular Plagiochila sullivantii var. Jackson Plant spinigera A Liverwort SR -L FSC S1 G2T1 - Historical Link Nonvascular Plagiochila sullivantii var. Plant sullivantii A Liverwort SR -T FSC S2 G2T2 Jackson - Link Historical — Nonvascular Plagiochila virginica var. Plant caroliniana A Liverwort SR -T FSC S1 G3T2 Jackson - Link Historical Nonvascular Schlotheimia lancifolia Highlands Moss T None S1 G2 Jackson -Plant Link Current — Nonvascular Sphenolobopsis pearsonii Plant A Liverwort E FSC S2 G2? Jackson - Link Historical Nonvascular Plant Tortula ammonsiana Ammons's Tortula E None S1 G1 Jackson - Link Current — Vascular Cardamine clematitis Plant Mountain Bittercress SR -T FSC S2 G2G3 Jackson - Link Current — Vascular Carex radfordii Plant Radford's Sedge E FSC S1 G2 Jackson - Link Current — Vascular Chelone cuthbertii Cuthbert's Turtlehead SR -L FSC S3? G3 Link Jackson - http://207.4.179.3 8/nhp/find.php 11/15/2006 ivt, ivrnr wunty r,iemeni c)earen rage 2 or j Plant Current Vascular Plant Danthonia a ilis p Bo Oatgrass 9 9 SR -T FSC S2? G3G4 Jackson - Link Current Vascular Plant Delphinium exaltatum Tall Larkspur E -SC FSC S2 G3 Jackson - Link Current — Vascular Plant Euphorbia purpurea Glade Spurge SR -T FSC S2 G3 Jackson - Link Current — Vascular Helonias bullata Swamp Pink T -SC T S2 G3 Jackson - Link .Plant Current — Vascular Plant Hydrastis canadensis Goldenseal E -SC None S2 G4 Jackson - Link Current — ar Plant Plant Hymenophyllum tayloriae Gorge Filmy Fern E FSC S1S2 G2 Jackson- Link CurrentVasc — ular Plant Isotria medeoloides Small Whorled Pogonia E T S2 G2 Jackson - Link Current — Vascular Plant Lysimachia fraseri Fraser's Loosestrife E FSC S2 G2 Jackson - Link Current — Vascular Plant Monotropsis odorata Sweet Pinesap SR -T FSC S3 G3 Jackson - Link Current — Vascular Plant Packera millefolium Divided -leaf Ragwort T FSC S2 G2 Jackson - Link Current — Vascular Plant pycnanthemum torrei Torrey's Mountain -mint SR -T FSC S1 G2 Jackson - Link Historical — Vascular Plant Saxifraga caroliniana Carolina Saxifrage SR -T FSC S3 G2 Jackson - Link Historical — Vascular Plant Shortia galacifolia var. galacifolla Southern Oconee Bells E -SC FSC S2 G2T2 Jackson - Link Historical — Vascular Plant Silene ovata Mountain Catchfly SR -T FSC S3 G3 Jackson - Link Current — Vascular Plant Solidago simulans Granite Dome Goldenrod SR -L FSC S1 G1 Jackson - Link Current — Vascar Plant Sporobolus heterolepis Prairie Dropseed E None S1 G5 Jackson - Link CurrentVascul — ar Plant Thaspium pinnatifidum Mountain Thaspium SR -T FSC S1 G2G3 Jackson - Link Historical — Vascar Plant Trichomanes boschianum Appalachian Filmy -fern T None S1 G4 Jackson - Link Current Vascular Plant Trichomanes petersii Dwarf Filmy -fern T None S2 G4G5 Jackson - Link Current — Vascular Plant Trillium discolor Mottled Trillium T None S1 G2 Jackson - Link Current — Vascular Plant Waldsteinia lobata Lobed Barren -strawberry ry SR -T FSC S1 G2 Jackson - Link Historical Vertebrate Animal Ae olius acadicus pop. 1 g ° p Southern Appalachian T FSC S26,S2N G5TNR Jackson - Link Northern Saw -whet Owl Current Vertebrate Animal Aneides aeneus Green Salamander E FSC S2 G3G4 Jackson - Link Current — Vertebate Animal Certhia americana Brown Creeper ScNone S3B,S5N G5 Jackson - Link Current — Vertebrate Animal Chnostomus funduloides ssp. 1 Little Tennessee River SC FSC S2 G5T3Q Jackson - Link— Rosyside Dace Current Vertebrate Animal Crotalus horridus Timber Rattlesnake SC None S3 G4 Jackson - Link Current Vertebrate Animal Cryptobranchus alleganiensis Hellbender SC FSC S3 G3G4 Jackson - Link Current Vertebrate Animal Desmognathus wrighti Pigmy Salamander SR FSC S3 G3G4 Jackson - Link Current Vertebrate Animal Etheostoma inscriptum Turquoise Darter (PT) None S1 G4 Link Current Vertebrate Animal Etheostoma vulneratum Wounded Darter SC FSC S1 G3 Jackson - Link Current Vertebrate Falco peregrinus Peregrine Falcon E None S1B,S2N G4 Jackson - Link http://207.4.179.3 8/nhp/frnd.php 11/15/2006 iN,, iNnr 1.ounty riemeni zearcn rage 3 of 3 Animal Current Vertebrate Animal Glaucom s sabrinus coloratus y Carolina Northern Flying E E S2 G5T1 Jackson - Link Squirrel Current Vertebrate Loxia curvirostra pop. 1 p p Southern Appalachian Red SC FSC S36,S3N G5TNR Jackson- Link Crossbill Current — Vertebrate Animal Microtus chrotorrhinus carolinensis Southern Rock Vole ScFSC S3 G4T3 Jackson - Link Historical — Vertebrate Animal Moxostoma sp. 2 Sicklefin Redhorse SPT) C S1 G2Q Link Obscure — Vertebrate Animal M otis leibii y Eastern Small -footed Sc FSC S3 G3 Jackson - Link Myotis Current Vertebrate Animal My otis sep tentrionalis Northern Long-eared SC None S3 G4 Jackson - Link Myotis Current Vertebrate Myotis s soAnimal Indiana Myotis E E Si?G2 Jackson - Link Historical — Vertebrate Eastern Woodrat- Animal Neotoma floridana haematoreia Southern Appalachian SC FSC S3 G5T4Q Jackson- Link Population Current — Vertebrate Animal Notropis lutipinnis Yellowfin Shiner SC None S2 G4Q Jackson- Link Current — Vertebrate Animal Percina squamata Olive Darter SC FSC S2 G3 Jackson- Link Current — Vertebrate Animal Poecile atrica illus ractica p p Southern Appalachian SC FSC S3 G5TNR Jackson - Link Black -capped Chickadee Current Vertebrate Animal Sorex palustris pouthern S Water Shrew SC FSC S2 G5T3 Jackson - Link Current Vertebrate Sphyrapicus varius Appalachian Yellow -bellied Jackson - Animal appalachiensis Sapsucker SC FSC S3B,S5N GSTNR Current Link — Vertebrate Animal Animal Th bewickii altus ry omanes Appalachian Bewick's E FSC SHB G5T2Q Jackson - Link Wren Historical NC NHP database updated on Friday, August 11th, 2006. Search performed on Wednesday, 15 November 2006 @ 14:48:48 EST Explanation of Codes http://207.4.179.3 8/nhp/find.php 11/15/2006 Office Use Only: USACE Action ID No. (If any particular item is not applicable to this I. Processing II. Form Version March 05 No. ect, please enter "Not Applicable" or "N/A".) 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ❑ Riparian or Watershed Buffer Rules ❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ ❑ 401 Water Quality Certification ❑ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 12, 13 and 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ❑ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ❑ Applicant Information RDgt, 1. Owner/Applicant Information JAN 2 9 20Q7 Name: Mr. Thomas Bates job, it 4,ATERQUALITY Mailing Address: Lonesome Valleyy*TLAN1Ds'W STORE' P.O. Box 3269 Cashiers N.C. 28717 Telephone Number: (828) 421-2636 Fax Number: (828) 884-3964 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: R. Clement Riddle Company Affiliation: ClearWater Environmental Consultants, Inc. Mailing Address: 224 South Grove Street Suite F Hendersonville N.C. 28792 Telephone Number: (828) 698-9800 Fax Number: (828) 698-9003 E-mail Address: criddle(@,cwenv.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lonesome Valley -Phase I 2. T.I.P. Project Number or State Project Number (NCDOT Only): N / A 3. Property Identification Number (Tax PIN): 7583-50-8670 4. Location County: Jackson County N.C. Nearest Town: Cashiers N.C. Subdivision name (include phase/lot number): Not in subdivision Directions to site (include road numbers/names, landmarks, etc.): From U.S. Hig way 64 in Brevard travel west toward Cashiers N.C. After crossings the Lake Toxaway Falls on Highway 64 travel approximately 9 miles west. The site is located on the northern side Highway 64 The entrance is marked with two stone pillars on either side of the entrance road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 7' 51.5" ON 83" 3' 46.2" °W 6. Property size (acres): Approximately 770 acres - Phase I is 140 acres 7. Name of nearest receiving body of water: Logan Creek and then the Horsepasture River 8. River Basin: Savannah (Note — this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htW://h2o.enr.state.nc.us/admin/mUs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The majority of the land (70%) is mature forest. The Page 6 of 13 remaining land is in pasture land or woods roads and rocky cliff faces. Areas around the site are primarily low density residential and forest lands. 10. Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of a residential community and associated amenities. The We of equipment used will be similar to that of other construction projects and will include bulldozers back -hoes, graders and dump trucks. 11. Explain the purpose of the proposed work: The purpose of the work is to construct roads and ponds for a low density residential community. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N / A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. This application is for phase I of the project and involves approximately 140 -acres. Future phase(s) may be built at a later date and may equire additional stream crossings. All efforts will be made to avoid future stream impacts by utilizing bridges and half pipes wherever possible. At this time it is unknown when Phase 11 mU begin, the types of stream crossing the locations or the number. The applicant realizes that all stream and wetland impacts through all phases of the development will be viewed as cumulative impacts. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Page 7 of 13 should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed impacts include the installation of six culverts the flooding of 0.015 -acre of wetland, and the filling of 0.005 - acre of wetland Four of the culverts will be replacing existing culverts of insufficient length. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, se arately list im acts due to both structure and floodin . 3. List the total acreage (estimated) of all existing wetlands on the property: Phase I - 2.32 -acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation; stabilization activities (e.g., cement walls, rip -rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams m„ct he included_ To calculate acreage. multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Located within Distance to Area of Wetland Impact Impact A Type of Wetland 100 -year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) 13 herbaceous, bog, etc.) es/no linear feet Culvert Wetland Impact I Flooding Wetland Ditch No 200 feet 0.015 Wetland Impact H Fill Wetland Ditch No 150 feet 0.005 Total Wetland Impact (acres) 0.02 3. List the total acreage (estimated) of all existing wetlands on the property: Phase I - 2.32 -acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation; stabilization activities (e.g., cement walls, rip -rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams m„ct he included_ To calculate acreage. multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial t? Intermittent. Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Impact A UT- Logan Creek Culvert Perennial 5 35 0.004 Impact B UT- Logan Creek Culvert Perennial 8 13 0.002 Impact D UT- Logan Creek Culvert Perennial 3 36 0.002 Impact E UT- Logan Creek Culvert Perennial 3 18 0.001 Impact F UT- Logan Creek Culvert Perennial 3 26 0.001 Impact G UT- Logan Creek Culvert Perennial 3 18 0.001 Impact 1 Logan Creek utilities Temporary 8 20 0.003 Impact 2 Logan Creek utilities Temporary 8 20 0.003 Impact 3 Logan Creek utilities Temporary 8 20 0.003 Impact 4 Logan Creek utilities Temporary 8 20 0.003 Bank Stabilization Logan Creek Bank Stabilization Perennial <75 Total Stream Impact (by length and acreage) 146 0.023 Page 8 of 13 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to -Fill -vnwatinn ArPAvino flnnAinv rlrainaoe_ hulkheads_ etc. N/ A Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Impact C Pond flooding pond 0.10 Total Open Water Impact (acres) 0.10 6. List the cumulative impact to all Waters of the U.S. resulting from theproject: Stream Impact acres): 146 feet Wetland Impact (acres): 0.02 acre Open Water Impact (acres): 0.10 acre Total hn act to Waters of the U.S. acres 0.12 acre Total Stream Impact linear feet): 146 if 7. Isolated Waters Do any isolated waters exist on the property? ❑ Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ® uplands ❑ stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.): excavation (Pond 1) excavation (Pond 2) Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): trout pond/recreational Current land use in the vicinity of the pond: pasture abandoned trout farm basins Size of watershed draining to pond: 10 -acres Expected pond surface area: 1.92 -acres and Wroximately 1.5 acres VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant has designed Page 9 of 13 project roads to follow existing logging roads on the property. This minimizes stream crossing impacts by utilizing four existing crossings Expansion of these crossings is necessary in order to facilitate two way traffic and large emergency vehicles More than 98% of the stream areas within phase I will be avoided More than 99% of the wetlands within phase 1 will be avoided. The annlicant is also avoiding impacts by constructing two bridges over Logan Creek. The bank stabilization is being conducted on Logan Creek This stabilization (less than 75 feet) is not for mitigation credit The applicant will use natural materials to construct 2-3 cross veins. Planting of the stream banks will involve native species from the water line to ton of bank. No hard engineering(rip-rap or gabions) will be used at this location VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htti)://h2o.enr.state.nc.us/newetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation is proposed Impacts to the aquatic environment are minimal. Page 10 of 13 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at b=://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: N/A Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non -riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ❑ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ❑ No Page 11 of 13 2 If "yes", identify the square feet and acreage of impact to If buffer mitigation is required calculate the required am( buffer multipliers. each zone of the riparian buffers. ant of mitigation by applying the Zone* Impact Multiplier Required Mitigation s ware feet 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Not applicable XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N / A XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ❑ No Is this an after -the -fact permit application? Yes ❑ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ❑ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://l,12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Page 12 of 13 XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 05.000, W R30t14.nnn, W %Afi!COA ODOn7 ^^-1 \A, a MNN 0 �` 1 MILE 5%0 ®000 FEET 0 500 1000 METERS Map created with TOPOIO 02003 National Geographic (www.nationalgeogeaphic cornhopo) CLEARWATM Lonesome Valley Environmental Consultants, Inc. Jackson County 224 South Grove Street, Suite F USGS Topographic Site Map North Carolina Hendersonville, NC 28792 Figure 2 828-698-9800 r5 O O O Ch O O Lr) M I O 0 0 M 0 D LO re) COE 60 I PwE AC View CnE Pw� Scale: 1:24,000 Source: USDA, Natural Resources Conservation Services, Jackson County, North Carolina CLEARWATER Lonesome Valley Environmental Consultants, Inc. USDA Soil Survey Map Jackson County 224 South Grove Street, Suite F North Carolina Hendersonville, NC 28792 Figure 3 828-698-9800 NEW CULVERT — — _ SHOULDER_ — — — — ------------- — --------SHOULDER — - - — — — — — — RAW X X SILT FENCE TYPICAL PLAN VIEW N. T. S. JURISDICTIONAL WETLANDS/WATERS VARIES OF THE US s' — 50' NEW \ CULVERT \ / / NEW ly ROAD GRADE TYPICAL STREAM CROSSING N. T. S. 6' 6' 10' — 12' x_10' — 12' ULDEI VARIES VARIES HOULDE SLOPE 1/4" PER% DISCHARGE END —�x FOOT (TYP.) OF PIPE 3" ASPHALT -- SURFACE NATURAL NEW CULVERT ��—_ _ GROUND TO BE BURIED BELOW STREAMBED TO APPROPRIATE DEPTH (6-12 INCHES) TYPICAL ROAD SECTION N.T.S. WILLIAM G. LAPSLEY & ASSOCIATES, P.A. CONSULTING ENGINEERS & LAND PLANNERS FIGURE y 49 1635 Asheville Highway LONESOME VALLEY Post Office Box 546 JACKSON COUNTY, Hendersonville, NC 28793 NORTH CAROLINA (828) 697-7334 SCALE: N.T.S. www.wgia.com I C* CC W LL ra av aw �lnEN1 as 0 DAM SECTION WIT.T.TA ON�LTWO G. ENPM S Y AP MRS TES P.A. 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