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HomeMy WebLinkAbout20060666 Ver 1_COMPLETE FILE_20060417OF wArFRP ?O G q r CO Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 3, 2006 DWQ Project # 06-0666 Version 2 Henderson County Chris Frame Campus Quarters, LLC Post Office Box 2283 Savannah, GA 31402 Subject Property: Campus Quarters Henderson County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Frame: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.25 acres of wetlands and 60 linear feet of perennial streams for the purpose of road development at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 17, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, stormwater and buffer regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httr)://h2o.enr.state.nc.us/ncwetlands Wore ?Vaturallil An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Campus QuartersVer2 Page 2 of 7 July 3, 2006 1. Impacts. Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Wetland 0.23 (acres) Wetland 0.02 acres Stream 60 (feet) UT to Bat Fork Creek 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Campus QuartersVer2 Page 3 of 7 July 3, 2006 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. 7. Mitigation The Division of Water Quality has determined that protecting all remaining streams and wetlands on the property, with 25 foot buffers measured from the top of bank on both sides of the streams and wetlands, and the removal of all remaining, unutilized culverts with stream restoration throughout the property shall offset the impact associated with this activity. Deed Restrictions or Conservation Easements shall be placed on the protected waters and a copy of the signed easements or recorded restrictions must be submitted to this office within 30 days of issuance of this Certification. 8. Buffer Re-establishemnt A 25 foot woody buffer, from the top of each bank, shall be established on all jurisdictional waters throughout the subject +/-27.18 acres, where none currently exist, to preserve water quality. All buffer re-establishment shall be in accordance with the Guidelines for Riparian Buffer Restoration. (See attached) Campus QuartersVer2 Page4 of 7 July 3, 2006 9. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. 10.Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must be used to meet this standard. Monitoring must occur during the installation of culverts, be summarized and submitted to the Asheville Regional Office in Report form. 11. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 12.Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project, This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http-//h2o.enr.state.nc.us/su/Forms Documents.htm. 13.Deed Restrictions Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance from future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. Campus QuartersVer2 Page 5 of 7 July 3, 2006 14.Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 15.Final Construction Drawings Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-construction meeting. 16. Diffuse Flow (DWQ Reviewed Plans) All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream. Campus QuartersVer2 Page 6 of 7 July 3,2006 If diffuse flow is not achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed development be piped directly through the buffer without prior DWQ written authorization. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. An Operation & Maintenance (O&M) agreement signed by the current landowner must be approved by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of responsibility for the stormwater facilities and the DWQ must be notified of every transfer. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions,of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Campus QuartersVer2 Page 7 of 7 July 3,2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at either 828-296-4657 or at Kevin.Barnett@ncmail.net. Sincerely, for an W. Klimek, P.E., Director Division of Water Quality AW Klkhb Enclosures: GC 3402 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Clement Riddle Clearwater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 USACE Asheville Regulatory Field Office Cyndi Karoly, DWQ 401 Central Office DLR Asheville Regional Office File Copy Central Files Filename: 06-0666. Camp usQuartersVersion2.ApprovalwithConditions R CM@mOWE p D JUL 0 7 2-006 SAT ??QG ? r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 12, 2006 DWQ Project # 06-0666 Henderson County Chris Frame Campus Quarters, LLC Post Office Box 2283 Savannah, GA 31402 Subject Property: Campus Quarters Henderson County u? 6 JUN ? ? 200 Approval of 401 Water Quality Certification with Additional Conditions R-WsTC hr T"_i Riy N Dear Mr. Ball: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.25 acres of wetlands and 60 linear feet of perennial streams for the purpose of road developement at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on April 17, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification (s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, stormwater and buffer regulations. Also, this approval to proceed with your proposed impacts onto conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 i4lail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet htto:Ilh2o.enr.state.nc.us/ncwetlands Note iCarolina Natitralk,/ An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Campus Quarters Page2 of7 June 12, 2006 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Wetland 0.23 acres Wetland 0.02 acres Stream 60 (feet) UT to Bat Fork Creek 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Campus Quarters Page3 of 7 June 12, 2006 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. 7. Mitigation The Division of Water Quality has determined that protecting all remaining streams and wetlands on the property, with 25 foot buffers measured from the top of bank on both sides of the streams and wetlands, and the removal of all remaining, unutilized culverts with stream restoration throughout the property shall offset the impact associated with this activity. Deed Restrictions or Conservation Easements shall be placed on the protected waters and a copy of the signed easements or recorded restrictions must be submitted to this office within 30 days of issuance of this Certification. 8. Buffer Re-establishemnt A 25 foot woody buffer, from the top of each bank, shall be established on all jurisdictional waters throughout the subject +/-27.18 acres, where none currently exist, to preserve water quality. All buffer re-establishment shall be in accordance with the Guidelines for Riparian Buffer Restoration. (See attached) Campus Quarters Page4 of7 June 12, 2006 < 9. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. 10. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must be used to meet this standard. Monitoring must occur during the installation of culverts, be summarized and submitted to the Asheville Regional Office in Report form. 11. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 12.Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http-Ah2o enrstate.nc.us/su/Forms Documents.htm. 13.Deed Restrictions Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance from future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. Campus Quarters Pages of7 June 12, 2006 14.Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 15.Final Construction Drawings Two copies of the final construction drawings shall be furnished to NCDWQ prior to the pre-construction meeting. Written verification shall be provided that the final construction drawings comply with the attached permit drawings contained in the amended Application dated July 1, 2005. 16. Diffuse Flow (DWQ Reviewed Plans) All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream. Campus Quarters Page6 of 7 June 12, 2006 If diffuse flow is not achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed development be piped directly through the buffer without prior DWQ written authorization. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. An Operation & Maintenance (O&M) agreement signed by the current landowner must be approved by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of responsibility for the stormwater facilities and the DWQ must be notified of every transfer. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Campus Quarters Page 7 of 7 June 12, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at either 828-296-4657 or at Kevin.Barnett@ncmail.net. Sincerely, for Alan W. Klimek, P.E., Director Division of Water Quality AW Klkhb Enclosures: GC 3402 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Clement Riddle Clearwater Environmental Consultants, Inc. 300 North Main Street Hendersonville, NC 28792 USACE Asheville Regulatory Field Office Cyndi Karoly, DWQ 401 Central Office DLR Asheville Regional Office File Copy Central Files Filename: 06-0666.CampusQuarters.ApprovalwithConditions Triage Check List Date: 4/24/06 Kevin Barnett, Asheville Regional Office To: Project Name: Campus Quarters DWQ #:06-0666 County: Henderson 60-day Processing Time: 4/17/06 to 6/15/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Dote that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to. improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! 1 i CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. April 11, 2006 Mr. Steve Chapin US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Ave, Rm 208 Asheville NC 28801-2638 RE: Campus Quarters Henderson County NC Mr. Chapin, U { l r?i L Enclosed please find a Pre-Construction Notification application for 27-acre development project located in Henderson County, NC. Proposed impacts include the placement of a pipe with associated fill material for an access road crossing. Currently the northern unnamed tributary on the property flows into a manmade wetland ditch, which eventually connects to Bat Fork Creek. The proposed development involves filling the linear wetland ditch and routing the stream flow into the wetland area associated with it. Small fringe portions of the wetland area will be filled. A vicinity map, a site location map, and design/impact drawings are included with the application for your review. On behalf of Campus Quarters, LLC, we are requesting authorization through Nationwide Permit No. 39. Thank you for your assistance in this matter. If you have any questions, please contact me at (828) 698-9800. Sincerely, R. Clement Riddle Principal cc: Dave McHenry, NC Wildlife Resources Commission Q11@1Rae1Rp APR 1 7 2006 WETLANQS AND STWATERMJWAT?A: BRANCH 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com 7 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. vi auy pw muiar u.nm is nor appucame to tms project, please enter "Not Applicable" or "N/A".) 1. Processing 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: NWP #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), c II. Applicant Information APR 1 7 2006 1. Owner/Applicant Information DENR . WATER Name: Chris Frame wE>w?l?sAr? ST QUALiTy Mailing Address: Campus Quarters, LLC PO Box 2283 Savannah GA 31402 Telephone Number: 912.233.7578 Fax Number: 912.239.9599 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: C1earWater Environmental Consultants Inc. Mailing Address: 224 S Grove St, Ste F Hendersonville NC 28792 Telephone Number: 828.698.9800 Fax Number: 828.698.9003 E-mail Address: criddle@cwenv.com Page 5 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: Campus Quarters 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9588020399 4. Location County: Henderson Nearest Town: Flat Rock Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): I-26 south. West on Upward Rd. in Hendersonville. North onto S. Allen Dr. West onto Campus Dr. The site is located to the south of Campus Dr. after approximately 0.3 miles 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): 35.24505 ON 82.21960 °W 6. Property size (acres): 27.18 7. Name of nearest receiving body of water: Bat Fork Creek 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ Currently the site is undeveloped and is heavil vegetated with early successional and invasive species. The majority of the surrounding land use is institutional development consisting of Blue Ridge Communi College the fire training school, and health care centers. Page 6 10. Describe the overall project in detail, including the type of equipment to be used: The overall proiect involves the construction of a residential development Heavy machinery will be utilized to arade and prepare the roadbeds and building pads for construction 11. Explain the purpose of the proposed work: The purpose of the proposed work is to construct a residential subdivision. 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. USACE site visit on January 25, 2006. Wetland verification received on February 25, 2006 (Action ID 20063048) 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. 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) 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: Proposed impacts include the placement of a pipe with associated fill material in the southernmost UT for an access road crossing. Currently the northern UT on the property is draining into a manmade wetland Page 7 ditch, which flows to the north and into Bat Fork Creek The proposed development involves filling the linear wetland ditch and routing the stream flow into the wetland area associated with it. Small fringe portions of the wetland area will be filled 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, separately list impacts due to both structure and flondinu Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 fill forested No 10 0.23 2 fill Manmade ditch No 0 0.02 Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 1.16 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 must be 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 or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 3 UT of Bat Fork Cr. culvert perennial 4 60 0.005 . Total Stream Impact (by length and acreage) 60 0.005 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, excavation, dredging, flooding, drainage, bulkheads, etc. Page 8 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) N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.005 Wetland Impact (acres): 0.25 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.25 Total Stream Impact (linear feet): 60 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. N/A 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. Only one stream crossing of the southern UT is planned for avoidance/minimization. The area to be filled on the northern UT is limited to the manmade ditch area. Wetland fill has been limited to the frjnizes of the wetland Page 9 area so that a riparian/wetland corridor will remain. 0.92 acres of wetlands and 3,176 linear feet of stream were avoided. 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 http://h2o.enr.state.nc.us/ncwetlands/stnn.gide.html. 1. 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 as impacts are minimal. 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 http://h2o.enr.state.ne.us/wm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Page 10 Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 (Meuse), 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 V Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. I Zone* I Impact I Multiplier Required I lenllnrP f-fr 1 N/A 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. Page 11 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. N/A 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. Stormwater ponds are proposed for the site Upon receipt of the 401 certification a detailed stormwater management plan will be designed for the site and submitted for NCDWO approval. XU. 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. The development will connect to an existing sanitary sewer line on the site XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.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 E] 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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A 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). Page 12 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 8202510011 VV z M WG 84 8202500" 0 a0 T-i 0 ? i # -Gr ter- ? NC 44 kA # I- t. rF y ? +l fi #*• o o '. 00. `Q? -- PROJECT SITE A rut: :N 1 i ara' a par. h Sc IF A z 0 O w 7--I 0 Lr) 82026'00" W WG 84 82° 2510011 W MN TN 1JIICE: 0 1000 FEET 0 1000 METERS Map created with TOPO10 02003 National geographic (www.nationalgeographic.comltopo) CLEARWATER 29-Acre Tract Environmental Consultants, Inc. USGS Topographic Map Henderson County, N.C. 224 South Grove Street, Suite F Hendersonville, NC 28792 Figure 2 828-698-9800 WETLAND VITCH I h \ 1 I Project Area Total Wetland Area Total Streams Proposed Wetland Impact Proposed Streams Impact Wetland Avoidance Stream Avoidance 27.18 tAc 1.16 tAc. 5,256 Lf. 0.25 tAc 60 Lf. .Q2 tAc. 3,176 Lf. \ \ UPON \ M / \ \ y PROPERTY LINE PROPERTY LINE I -- C?a PIPE (3) J 1 11 1 11 1 11 Corp Permit S.d. P=soo'-o' or m m a? .e? R o mz of ? z a J O QK U I t- 0 ?n Z - 1 3 o ? g 6 a r ? J o m U ? Z p N w , 0 w 3 c 0 ?c 6 p# O i SHEET o, *FOR SECTION 404/401 PERMITTING PURPOSES ONLY d z ' wwo U 2 CULVERT TO BE EMBEDDED 6 TO 12 \\ INCHES INTO EXISTING STREAMBED IN ACCORDANCE WITH ' AGENCY RECOMMENDATIONS NOT TO SCALE Proposed Grade \\\\\/ Existing z , Streambank 6-12 inches Z Cj) L = 0 ca w :3 U 0 0 ?0 GL mU U? R ?o LL N MQ co Z N mwcb rn m'Sm? N y 'O C mm ? aLL U C U L. ? c ? E V o c W *FOR SECTION 404/401 PERMITTING PURPOSES ONLY yW?. W Lo 0 0 U Z PROPOSED FILL MATERIAL EXISTING WETLAND AREA NEW BUILDING AREA 0 ft. ""INNNN?_ . •; NOT TO SCALE 0 12 D J °c m J = L LL Z W CL -j EU U Q a g 3 , a N Of LL hN S m N UU? Z cn 005 N U' m m ao vvao `?=aLL •?-? c c 0 U c E •--• c Q c W from: Chris Frame 912 239.9599 To: Clement Riddle Date: 4/4/2006 Time: 11:31:38 AM Page 2 of 2 P-O. Box 2283 - Savannah, Georgia 31402 phone: 912-233-7578 • fax: 912-239-9599 CAMPUS QUARTERS, LLC April 4, 2006 Mr. K Clement Riddle Clearwater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, N.C. 28792 RE: Campus Quarters, LLC Dear Clement: This is in regard to our telephone conversation yesterday, regarding authorizing you to act as agent for the 404 pennit application. Therefom on behalf of me, Christopher Frame, you are hereby authorized to act as the agent for Campus Quarters, LLC in Henderson County, NC pertaining to all wetlands pemiitting matters on the above refcrenced project. Should you need any other information or authorization, please do not hesitate to call. Sincerely, pher K. Frame Managing Partner CFrame@mindspring.com i Preliminary Threatened and Endangered Species Assessment for Campus Quarters Henderson County, North Carolina April 11, 2006 1.0 Introduction The following report details methods used and an assessment of survey results for a threatened and endangered (T&E) species survey and habitat assessment for the Hendersonville Home Systems. The T&E species survey was conducted to determine the occurrence of or the potential for animal and plant species listed as federally threatened or endangered to exist on the proposed site. Completion of this survey was directed by and complies with current state and federal regulations [Federal Endangered Species Act of 1973 (16 USC 1531-1543) and the 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 accessed from College Drive in Henderson County, North Carolina (Figure 1). 2.0 Methodology A preliminary protected species survey was conducted in April 2006, on the proposed Campus Quarters site by C1earWater Environmental Consultants, Inc. to determine potential for occurrences of animal and plant species listed as endangered or threatened by current Federal or State regulations. Correspondence solicited from the USFWS provided existing data concerning the presence or potential occurrence of threatened or endangered species in Henderson County, North Carolina. The USFWS lists the following eight federally threatened and endangered species as occurring or potentially occurring in Henderson County (Appendix A). Common Name Scientific Name Status Oyster Mussel E iohlasma ca saeformus Endangered Swam ink Heloni ii hullata Threatened Appalachian elktoe Alasmidonata raveneliana Endangered Small whorled ogonia Isotria medeoloides Threatened bunched arrowhead Sa ittaria asiculata Endangered mountain sweet pitcher plant Samwenia jonesii Endangered White irisette Sisyrinchium dichotomion Endangered bog turtle Clemm s muhlenhurgii Threatened* Threatened due to smulanty of appearance with northem bog turtle The protected species audit consisted of a pedestrian survey by C1earWater Environmental Consultants staff. During field surveys, site habitats were identified and compared with recognized habitats for each of the eight 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 in January 2005 and April 2006, four habitats: agricultural field, shrub/scrub wetland, upland hardwood forest, and streambed and bank were identified on the property. The following is a description of each of the four habitat types identified on the referenced site and its likelihood to harbor or support listed species. 3.1 Agricultural field The site contains several agricultural fields. Some of the fields have been maintained within the past year and contain various common upland field grasses. Some of the fields do not appear to have been maintained within the past two years. These areas have become overgrown with multiflora rose (Rosa multiflora). This habitat is not suitable for any of the listed species. 3.2 Shrub/Scrub Wetland This habitat occurs in a flat area located in the north central portion of the property and adjacent to an unnamed tributary to Bat Fork Creek. This wetland appears to be regularly flooded by Bat Fork Creek. The wetland has been historically altered through clearing and ditching. The wetland ditch portions of this habitat remain inundated and contain an obligate wetland plant community. The wetland has been mowed in the past and is heavily infested with multiflora rose. Additional species observed include red maple (Acer rubrum) and river birch (Betula nigra) in the overstory. Plants observed in the shrub layer include muliflora rose, Chinese privet (Ligustrum sinense), blackberry (Rubus sp.), and elderberry (Sambucus canadensis). Herbaceous species observed include N.Y. lronweed (Vernonia noveboracensis), soft rush (Juncus effuses), several species of sedges (Carex spp.), jewelweed (Impatiens capensis), and cattails (Typha latifolia). 3.3 Upland Hardwood Forest This habitat occurs on the northeastern comer of the site adjacent to College Drive. Species observed within the overstory of this community include white oak (Quercus alba), southern red -oak (Quercus falcata), Hickory (Carya tomentosa), yellow poplar (Liriodendron tulipifera), and white pine (Pinus strobus). The understory and shrub layer contain blackberry, multiflora rose, black cherry (Prunus serotina), serviceberry (Amelanchier laevis), and American holly (Ilex opaca). Species observed in the herbaceous layer included Christmas fern (Polystichum acrostichoides), blackberry (Rubes sp.), and poison ivy (Toxicodendron radicans). This habitat is not suitable for listed species. Therefore, impact to this habitat is not likely to affect listed species. 3.4 Stream Bed and Bank This freshwater habitat includes the streambeds and banks of unnamed tributaries to Bat Fork Creek. These creeks have shallow banks and the bed material is a mixture of sand, silt, and smaller gravel. Permanently rooted aquatic plants are practically non-existent in these streams. The tributary banks are dominated by shrubs and herbs including multiflora rose, elderberry, blackberry, yellow root (Xanthorhiza simplicissima), jewelweed, cinnamon fern (Osmunda cinnamomea), and Christmas fern. Suitable habitat for listed species was not found within this habitat type. 4.0 Listed species and 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 Mountain sweet pitcher plant, federally listed as an endangered species is a perennial herb, the mountain sweet pitcher plant grows from 21 to 73 inches tall. Its numerous and erect leaves grow in clusters and are hollow and trumpet-shaped, forming slender, almost tubular pitchers with a heart- shaped hood. The pitchers are a waxy dull green with criss-crossing maroon- purple veins. The hair inside the pitchers' tube is usually bent downward, and the tubes are often partially filled with liquid and decayed insect parts. Flowers of the mountain sweet pitcher plant are usually maroon with recurving petals. The stalks are erect and bear one flower each. Flowering and fruiting occurs April - June. Restricted to bogs and streamsides on granite rock faces along the Blue Ridge Divide, this plant's populations are generally found in level depressions associated with floodplains. A few populations can be found along the sides of waterfalls on granite rock faces. Herbs and shrubs usually dominate the bogs where these plants are located, but there may be a few scattered trees. The bog soils are deep, poorly-drained combinations of loam, sand, and silt, with a high organic matter content and a medium to highly acidic composition. Potentially suitable habitat is not present at the wetland area for mountain sweet pitcher plant (Sarracenia jonesii), therefore impacts to this species are unlikely. 4.2 Bunched arrowhead, federally listed as an endangered species is an emersed aquatic perennial herb, which grows 6 to 13 inches in height. Its spatulate-shaped leaves reach 3 decimeters (12 inches long) and 2 centimeters (three-fourths of an inch) wide, and stem from the base of the plant. The flowering stalk is erect, with upper flowers male and lower flowers female. Male flowers have three reflexed sepals, three white petals, and numerous stamens with pubescent, dilated filaments. Female flowers have three spreading or reflexed sepals, three white petals, and numerous separate carpels. The stalks of the lowest whorl of flowers ascend in fait, and the fruiting head is of numerous achenes. Flowering and fruiting occurs from May to July. Bunched arrowhead grows in seepage areas, which have little or no net flow but are not stagnant. The soil in the seepages can be characterized as sandy loams overtopped by a muck layer ranging in depth from 25 to 60 centimeters. Shaded sites have larger, more vigorous plants than open areas. Potentially, suitable habitat for this species is found within inundated portions of the wetland area however this plant was not observed during the survey. In addition, the high degree of manmade disturbance on the site makes this species occurrence unlikely; therefore impacts to this species are unlikely. 4.3 Appalachian elktoe, federally listed as an endangered species has a thin, but not fragile, kidney-shaped shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1 inch in width (Clarke 1981). Juveniles generally have a yellowish-brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish-black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to bluish-white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches (adapted from Clarke 1981). Only two populations of the species are known to survive. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain County, North Carolina. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, well-oxygenated, moderate- to fast- flowing water. 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). Stream type and substrates observed were not suitable for this species, therefore impacts to this species are unlikely. 4.4 Small-whorled pogonia, 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 L verticillata by the latter's purplish stem and long, dark sepals. Suitable habit for this species was not observed onsite. It is unlikely that development of this site will have an adverse impact on small-whorled pogonia. 4.5 Swamp pink, federally listed as a threatened species is found in wetlands that are saturated but not flooded. This would include 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. It can be distinguished by its basal rosette of light green, lance-shaped and parallel-veined leaves with a hollow-stemmed flower stalk that can grow 8-35 inches during flowering and up to 5 feet during seed maturation. Flowering occurs March through May and flowers are clustered (30-50) at the tip of the stem, in a bottlebrush shape. During this survey no specimens of swamp pink or typically associated evergreens were observed in the wetland areas. It is unlikely that development of this site will impact this species. 4.6 The Oyster mussel is a small (maximum about 70 millimeters or 2.1 inches) freshwater mussel (Neves 1991). Its periostracum (outer shell surface) has a dull to sub-shiny yellowish to green colored shell with numerous narrow dark green rays. The oyster mussel inhabits small to medium rivers (Dennis 1985) in areas with coarse sand to boulder substratum (rarely in mud) and moderate to swift currents (Gordon 1991). It is sometimes found associated with water-willow (Justicia americana) beds (Gordon and Layzer 1989) and in pockets of gravel between bedrock ledges in areas of swift current (Neves 1991). The USFWS has no current records of the species in North Carolina; it was last collected in North Carolina in 1913 (Ortmann 1918). The small unnamed tributaries are not suitable habitat for the oyster mussel. 4.7 White Irisette, federally listed as an endangered species is found in rich, basic soils probably weathered from amphibolite, in clearings and the edges of upland woods where the canopy is thin and often where downslope runoff has removed much of the deep litter layer ordinarily present on these sites. Flowering occurs from late May to July. White hisette grows in a dichotomously-branching pattern. 4-8 inches tall; basal leaves are pale bluish-green: tiny white flowers (.3 inch) with reflexed petals in a cluster of 4-6 at the ends of winged stems; fait is round w/3-6 seeds. White flowers and dichotomous branching pattern distinguish it from similar species. Suitable habitat for this species was not observed, therefore impacts to this species during development is unlikely. 4.8 Bog turtle, federally listed as a threatened species by similarity of appearance with the northern bog turtle. Bog turtles are easily distinguished from other turtles by the large, conspicuous bright orange, yellow or red blotch found on each side of the head. Adult bog turtle shells are 3 to 4-1/2 inches in length and range in color from light brown to ebony. Habitat would include sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. The preference would be narrow, shallow, slow-moving rivulets. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the Service is designating the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. As per USFWS guidance, It has no effect on land management activities of private landowners in southern states where the bog turtle lives. No suitable habitats were found in the project area for this species; therefore impacts to this species are unlikely. Findings Three habitats found on site, agricultural field, upland hardwood forest, and stream bed and bank do not match acknowledged suitable habitat for any of the listed species described above. Shrub/scrub wetland does provide suitable habitat for bunched arrowhead, however this species was not observed during the survey. In addition the high degree of manmade disturbance on-site, make the occurrence of this species unlikely. 5.0 Conclusion During completion of threatened and endangered species habitat assessments for the Campus Quarters site, no listed species were observed. Based upon the available habitat, it is the opinion of C1earWater Environmental Consultants, Inc. that federally and state protected species are not likely to be affected from this project. As such, development of the proposed area is not likely to cause and adverse impact to any threatened or endangered species or potential habitat for threatened and 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. APPENDIX A Henderson County Endangered Species, Threatened Species,Federal Species of Concern, ... Page 1 of 2 Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Henderson County, North Carolina Updated: 03-29-2006 Common Name Vertebrate: Bog turtle Eastern small-footed bat Green salamander Hellbender Mountain blotched chub Pygmy salamander Southern Appalachian eastern woodrat Yellow-bellied sapsucker (Southern Appalachian population) Invertebrate: Appalachian elktoe Diana fritillary (butterfly) French Broad crayfish Oyster mussel Tennessee heelsplitter Vascular Plant: Blue Ridge Ragwort Bog asphodel Bunched arrowhead Butternut Scientific name Federal Record Status Status Clemmys muhlenbergii T (S/A) Myotis leibii FSC Aneides aeneus FSC Cryptobranchus alleganiensis FSC ErimystaX insignis eristigma FSC Desmognathus wrighti FSC Neotoma floridana haematoreia FSC Sphyrapicus varius appalachiensis Alasmidonta raveneliana Speyeria diana Cambarus reburrus Epioblasma capsaeformis Lasmigona holstonia Packera millefolium Narthecium americanum Sagittaria fasciculata Juglans cinerea FSC Current Current Current Current Obscure Current Current Current E Current FSC Current FSC Obscure E Historic and Obscure FSC Current FSC Historic C Historic E Current FSC Current http://nc-es.fws.gov/es/cntylist/henderson.htnil 4/11/2.006 . Henderson County Endangered Species, Threatened Species,Federal Species of Concern, ... Page 2 of 2 Fort Mountain sedge Fraser's loosestrife French Broad heartleaf Gray's lily Large-flowered barbara's- buttons Mountain catchfly Mountain heartleaf Mountain sweet pitcherplant New Jersey rush Small whorled pogonia Small-leaved meadow-rue Swamp pink Sweet pinesap White fiingless orchid White irisette Nonvascular plant: Carex communis var. FSC Current amplisquama Lysimachia fraseri FSC Obscure Hexastylis rhombiformis FSC Current Lilium grayi FSC Historic Marshallia grandiora FSC Historic Silene ovata FSC Current Hexastylis contracta FSC Current Sarracenia rubra ssp. jonesii E Current Juncus caesariensis FSC Current Isotria medeoloides T Current Thalictrum macrostylum FSC Historic Helonias bullata T Current Monotropsis odorata FSC Obscure Platanthera integrilabia C Historic Sisyrinchium dichotomum E Current 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 "C1" 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://nc-es.fws.gov/es/cntylist/benderson.html 4/11/2006 NC NHP Quad Search Pagel of 2 NC NHP Quad Search Results New Search Returned Elements: 48 using: HENDERSONVIL LE [Invertebrate Animal 1] [Natural Community 11] [Nonvascula r Plant 2] [Vascular Plant 31] [Vertebrate An imal 3] Major Grou p Scientific Name Common Name State Federal State Global Quad - Status Map - Statu s Statu s Rank Rank Habitat Invertebrate Macdunnoa brunnea Animal A Mayfly SR None S2 G3G4 Hendersonville- Link Current Natural Community Acidic cove forest None None None S5 G5 Hendersonville- Link Current Natural Community Canada hemlock forest None None None S5 G5 Hendersonville- Link Current Natural Community Chestnut oak forest None None None S5 G5 Hendersonville- Link Current Natural Community Low elevation granitic dome None None None S1 G2 Hendersonville Link Current Natural Community Montane alluvial forest None None None S1 G2? Hendersonville- Link Current Natural Community Montane oak-hickory forest None None None S5 G5 Hendersonville- Link Current Natural Piedmont/mountain Community semipermanent None None None S4 G5 Hendersonville- Link impoundment Current - Natural Community PiedmonNmountain swamp None forest None None S1 S2 G2 Hendersonville- Link Current Natural Community Rich cove forest None None None S4 G4 Hendersonville Link Current Natural Community Southern appalachian bog (southern subtype) None None None S1S2 G1G2T1T2 Hendersonville Link Current Natural Swamp forest-bog complex N Hendersonville- Community (typic subtype) one None None S3 G2G3T2 Current Link Nonvascular Pannaria conoplea Pl t Mealy-rimmed Shingle SR -D None S1 G3G4 Hendersonville- an Lichen Current Link Plant onvascular Sphagnum capillifolium N Northern Peatmoss SR-P None S1 G5 Hendersonville- Link Historic - Vascular Plant Adlumie fungosa Climbing Fumitory SR-P None S2 G4 Hendersonville- Link Obscure - Vascular Plant Arethusa bulbosa Bog Rose E None S1 G4 Hendersonville- Link Historic Vascular Plant Campanula aparinoides Marsh Bellflower SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Carex barrattii Barratt's Sedge E None SH G4 Hendersonville- Link Historic Vascular Plant Carex pedunculata Longstalk Sedge SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Carex utriculata Beaked Sedge SR-P None S1 G5 Hendersonville- Link Historic Vascular Plant Carex verrucosa Warty Sedge SR-P None S2 G3G4 Hendersonville- Link Current Vascular Plant Celastrus scandens American Bittersweet SR-P None S2? G5 Hendersonville- Link Current Vascular Plant Epilobium ciliatum Purpleleaf Willowherb SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Eupatorium godfreyanum Godfrey's SR-P None S2 G4 Hendersonville- Thorou hwort g Historic Link - Vascular Plant Hasteola suaveolens Sweet Indian-plantain SR-T None SH G3 Hendersonville- Link Historic Vascular Plant Helenium brevifolium Littleleaf Sneezeweed E None S2 G3G4 Hendersonville- Link Historic http://207.4.179.3 8/nhp/quad.php 4/11/2006 NC NHP Quad Search Page 2 of 2 ular Plant Helonias bullata Swamp Pink T-SC T S2 G3 Hendersonville- Link Current Vascular Hexastylis contracts Mountain Heartleaf E FSC S1 G3 Hendersonville Current Current Link Vascular Plant Hexas !is rhombiformis tY French Broad SR-L FSC S2 G2 Hendersonville- Heartleaf Current Link Vascular Plant Isotria medeoloides Small Whorled E T S2 G2 Hendersonville- Pogonia Current Link Vascular Plant Juncus caesariensis Rough Rush (=new E FSC S1 G2 Hendersonville- Jersey Rush) Current Link Vascular Plant Lllium canadense ssp. editorum Red Canada Lily y -P SR None S1 G5T4 Hendersonville- Link Obscure Vascular Plant Lonicera flava Yellow Honeysuckle SR-P None S2 G5? Hendersonville- Link Historic ular Plant Magnolia macrophylla Bigleaf Magnolia SR-P None S2 G5 Hendersonville- Link Current - Vascular Plant Marshallia grandiflora Large-flowered Barbara's b tt SR-T FSC SH G2 Hendersonville Link - u ons Historic ular Plant Myrica gale Sweet Gale E None S1 G5 Hendersonville- Link Current - Vascular Plant Narthecium americanum Bog Asphodel E C SX G2 Hendersonville- Link Historic Vascular Plant Packera millefolium Divided-leaf Ragwort T FSC S2 G2 Hendersonville- Link Historic Vascular Pla t Platanthera integrilabia White Fringeless E C SX G2G3 Hendersonville- n Orchid Historic Link ular Plant Robinia hispida var. kelseyi Kelsey's Locust SR-0 None S1 G4T1 Hendersonville- Link Historic - Vascular Plant Sagittaria fasciculata Bunched Arrowhead E E S1 G1 Hendersonville- Current Link Vascular Plant Sarraceniajonesii Mountain Sweet E-SC E S1 G3T1 Hendersonville- Pitcher Plant Current Link - Vascular Plant Stachys eplingii Epling's Hedge-nettle SR-T None SH G5 Hendersonville- Link Historic Vascular Pla t Thermopsis fraxinifolia Ash-leaved Golden- SR -T None S2? G3? Hendersonville- n banner Historic Link Vascular Plant Thermopsis mollls Appalachian Golden- SR -P None S2 G3G4 Hendersonville- banner Historic Link Vertebrate Animal Crotalus horridus Timber Rattlesnake SC None S3 G4 Hendersonville- Link Historic An teabrate G/yptemys muhlenbergii Bog Turtle T T(S/A) S2 G3 Hendersonville- Link Current Vertebrate Animal Mustela nivalis Least Weasel SR None S2 G5 Hendersonville- Link Current NC NHP database updated: March, 2006. Search performed on Tuesday, 11 April 2006 @ 09:55:35 EDST Explanation of Codes http://207.4.179.38/nhp/quad.php 4/11/2006 F z 0 0 ao TTi 0 U) ry l') 82026'00" W WGS84 82025'00" W 7 2006 MN TILT D S 1 MILE. $, X000 FEET 0 500 t0D0 METERS Map created with TOPO!@ 02003 National Geographic (www.nationalgeographic.con-dtopo) CLEARWATER 29-Acre Tract Environmental Consultants, Inc. Henderson County, N.C. 224 South Grove Street, Suite F Hendersonville, NC 28792 #4@&n? USGS Topographic Map Figure 2 82026'00" Ulf WGS84 82025'00" W r t j g?w.,1' Y 2 ! ??- .ty V x n1 ? Y rF ? t 1 Y? APR ? ? zoos DENR -'HATER (QUALITY WETLANDS AND STOPMwATER BRANCH iNF o r - 3 N (If C •cu a) 00 01) VJ t? C3 w . ??N ? J-zz00 0 U ?j (Q? oa°°N a 00 O 'b O U QNx WN U a> ^ a ? a. o a x R -1 CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. April 11, 2006 Mr. Steve Chapin US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Ave, Rm 208 Asheville NC 28801-2638 RE: Campus Quarters Henderson County NC Mr. Chapin, t Enclosed please find a Pre-Construction Notification application for 27-acre development project located in Henderson County, NC. Proposed impacts include the placement of a pipe with associated fill material for an access road crossing. Currently the northern unnamed tributary on the property flows into a manmade wetland ditch, which eventually connects to Bat Fork Creek. The proposed development involves filling the linear wetland ditch and routing the stream flow into the wetland area associated with it. Small fringe portions of the wetland area will be filled. A vicinity map, a site location map, and design/impact drawings are included with the application for your review. On behalf of Campus Quarters, LLC, we are requesting authorization through Nationwide Permit No. 39. Thank you for your assistance in this matter. If you have any questions, please contact me at (828) 698-9800. Sincerely, e Y'&0?40 R. Clement Riddle Principal cc: Dave McHenry, NC Wildlife Resources Commission API?., ? ??? lOpS 4 ' "'npS? - WA7' ft sr QUAL/ry 084W__ 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com F Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. k11 ally JAULRoUldl null o nut appucame to this project, please enter "Not Applicable" or "N/A".) 1. Processing 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: NWP #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: ? 9[2/;Z!k[90W[21 II. Applicant Information 1. Owner/Applicant Information APR 1 7 2006 Name: Chris Frame a R - wqT Mailing Address: Campus Quarters, LLC "Q ""U 5 1 ATERBRANCH PO Box 2283 Savannah GA 31402 Telephone Number: 912.233.7578 Fax Number: 912.239.9599 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 S Grove St, Ste F Hendersonville NC 28792 Telephone Number: 828.698.9800 Fax Number: 828.698.9003 E-mail Address: criddlekcwenv.com Page 5 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: Campus Quarters 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9588020399 4. Location County: Henderson Nearest Town: Flat Rock Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): I-26 south. West on Upward Rd. in Hendersonville. North onto S. Allen Dr. West onto Campus Dr. The site is located to the south of Campus Dr. after approximately 0.3 miles 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): 35.24505 ON 82.21960 °W 6. Property size (acres): 27.18 7. Name of nearest receiving body of water: Bat Fork Creek 8. River Basin: French Broad (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ Currently the site is undeveloped and is heayily vegetated with early successional and invasive species. The majority of the surrounding land use is institutional development consisting of Blue Ridge Community College the fire training school, and health care centers. Page 6 10. Describe the overall project in detail, including the type of equipment to be used: The overall project involves the construction of a residential development Heavy machinery will be utilized to Rrade and prepare the roadbeds and building pads for construction 11. Explain the purpose of the proposed work: The purpose of the proposed work is to construct a residential subdivision. 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. USACE site visit on January 25, 2006. Wetland verification received on February 25, 2006 (Action ID 20063048) 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. No. 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) 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: Proposed impacts include the placement of a pipe with associated fill material in the southernmost UT for an access road crossing. Currently the northern UT on the property is draining into a manmade wetland Page 7 ditch, which flows to the north and into Bat Fork Creek The proposed development involves filling the linear wetland ditch and routing the stream flow into the wetland area associated with it. Small fringe portions of the wetland area will be filled 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, separately list impacts due to both structure and flooding Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain estno) Distance to Nearest Stream linear feet Are]of Imp (acr 1 fill forested No 10 0.23 2 fill Manmade ditch No 0 0.02 Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 1.16 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 must be included. To calculate acreage, multiply leneth X width- then divide by 43.560 Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 3 UT of Bat Fork Cr. culvert perennial 4 60 0.005 Total Stream Impact (by length and acreage) 60 0.005 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, excavation, dredging, flooding, drainage, bulkheads, etc. Page 8 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) N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the nrniect- Stream Impact (acres): 0.005 Wetland Impact (acres): 0.25 Open Water Impact (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.25 Total Stream Impact (linear feet): 60 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. Only one stream crossing of the southern UT is planned for avoidance/minimization The area to be filled on the northern UT is limited to the manmade ditch area. Wetland fill has been limited to the fringes of the wetland Page 9 area so that a riparian/wetland corridor will remain. 0.92 acres of wetlands and 3,176 linear feet of stream were avoided. 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 http://h2o.enr.state.ne.us/ncwetlands/strmgide.html. 1. 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 as impacts are minimal. 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 http://h2o.enr.state.nc.us/wrp/index.htnL If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Page 10 Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX, X. 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 ? 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 (Meuse), 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 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* s uare feet Multiplier Mitig t on 1 N/A 3 (2 for Catawba) 2 1.5 Total I I * 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. Page 11 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. N/A 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. Stormwater ponds are proposed for the site Upon receipt of the 401 certification a detailed stormwater management plan will be designed for the site and submitted for NCDWO approval XU. 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. The development will connect to an existing sanitary sewer line on the site XIU. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: N/A 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). Page 12 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 828-698-9800 CIXARWATER DENR - WATER QUALITY 29-Acre Tract Environmental Consultants, Inc. WffWM" 'taV Henderson County, N.C. 224 South Grove Street, Suite F ' ap Hendersonville, NC 28792 Figure 1 12026'00" V4 WGS84 E3202500" W Jklao-j ?Gr I Co ¦ 4 o 4i} z 0 W .-i O y :IQ • f'Fr t f 4 ; N PROJECT S ITE ?f -?' ?. i ?'?` 4 '_•? ?.. rl-fpn? .'-?- fi Ira. 12 Pai T'^. s?`,.¦:.: a :J h p(? ?. ?__ ¦ jb-1 'k. 'e A 1-21 ;rs 4% 0 f :gel z /'y? 'y W T-4 4 ? p 76 tiz" 4-u -- VV WUt? b4 bZ'jZb'UU" W MN TN U .5 1 M?? Arm. 6° 0 11000 FEET 0 1cm METERS Map created with TOFO!0 02003 National Geographic (www.rnationalgeographic.comltopo) CLEARWATER 29-Acre Tract Environmental Consultants, Inc. USGS Topographic Map Henderson County, N.C. 224 South Grove Street, Suite F Figure 2 Hendersonville, NC 28792 828-698-9800 Srap•suoid iltu"d daoa\ae?sapy\uol?an??su o?_ SU?uuaid\p ? yq\s?arajnad\,) . •`(`? .?• .....j VNnoavo H18ON 'AiNnOO NOS834N3H . • ??. x ?` Y?nanw?allM p?-f aM-? lrool .4 M1w 011 ruMwr?u.N ?.aa-rs Iosl rw 1 WSW ?* --v P4" PI ow PS Ll ,L LL V n V ? l.[ . ?? = ?} earu HOey eaYasaNln oN?NNtna aNn •Y-d '081e13000d v gllulo '3 satlin'l nu"ad &10)0 o.r [l. •? 4 O !!YI CL's e__? QQ r L a 4 8 g z ° ?./ , ?? Q 0 o o ,? a e / O I ? <+ Q J v Q J +.m LI)? +1? r ?N NO cvr cv -m 0Q 13? sn 6 6 Q fl- . d 6 6 6 ? N c 6 6 N O O Q ?? 4 > __ (3 o0 U- QL O ? OL F - F cD z 0 H O Cy] t" by G)?zc Zm=r'- 0>M 1-C/) m <? z ?ooo 0DXm n cn m Z n Z W D0?O -_i y° 0 Z m Cl) Zm 0 rn O = N 0 0 let O? o 0 0 U - ? -D Cn CD / j 0. G) o N) Q- - Cn m , ??- n tynv . CD u) 'VV4) CD 0) U) ??• A ?T n wn ww 224 S Grove St. Ste F SHEET NO. C l e a rW a to r Hendersonville NC 28792 11nch = MA fee[ Campus Quarters Phone: (828)698-98W TYPICAL ROAD CROSSING 4 Environmental Consultants, Inc. Fax: (828) 698-9003 owe oy moe =molecrNo_ am Campus Quarters _ Henderson County NC OF5 z 0 H y O Cy] t" ti7 X Cf) Z M z 0 D M D T ;1 O U D(n M0 ?-n 0 FV f S i oO m ran y 00 z ?o 0 b z m 03 C ?z G) D D V@[99w191 APR 17 2006 DENR, WATER QUALITY WET ANDO AND bfiOR"A` ! BRANCH NN I Ci { / 224 S Gwe St. Ste F J Campus Quarters SHEET NO. e a r V,r/ a r Hendersonville NC 28792 1 Inch = N/A feet to Phone: (828)698.98M TYPICAL WETLAND FILL rJ Environmental Consultants, Inc. Fax: (828) 698-9003 an_ ,o.ormoe C Craaecrrw, ssr Campus Quarters, LLC Henderson County NC OF5 From: Chris Frame 912 239-9599 To: Clement Riddle Date: 4/4/2006 Time: 11:31:38 AM Page 2 of 2 P-Q. Box 2283 Savannah, Georgia 31402 phone: 912-233-7.578 • fax: 912-239-9399 CAMPUS QUARTERS, LLC April 4, 2006 Mr. K Clement Riddle Clearwater Environmental Consultants, Inc. 224 South Grove Streety Suite F Hendersonville, N.C. 28792 RE-- Campus Quarters, LLC Dear Clement: This is in regard to our telephone conversation yesterday, regarding authorizing you to act as agent for the 404 permit application. Therefore, on behalf of me, Christopher Frame, you are hereby authorized to act as the agent for Campus Quarters, LLC in Henderson County, NC pertaining to all wetlands permitting matters on the above refcrenced project. Should you need any other information or authorization, please do not hesitate to call. Sincerely, pher K. Frame Managing Partner CFrzime@mindspring.com f Preliminary Threatened and Endangered Species Assessment for Campus Quarters . Henderson County, North Carolina April 11, 2006 1.0 Introduction The following report details methods used and an assessment of survey results for a threatened and endangered (T&E) species survey and habitat assessment for the Hendersonville Home Systems. The T&E species survey was conducted to determine the occurrence of or the potential for animal and plant species listed as federally threatened or endangered to exist on the proposed site. Completion of this survey was directed by and complies with current state and federal regulations [Federal Endangered Species Act of 1973 (16 USC 1531-1543) and the 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 accessed from College Drive in Henderson County, North Carolina (Figure 1). 2.0 Methodology A preliminary protected species survey was conducted in April 2006, on the proposed Campus Quarters site by C1earWater Environmental Consultants, Inc. to determine potential for occurrences of animal and plant species listed as endangered or threatened by current Federal or State regulations. Correspondence solicited from the USFWS provided existing data concerning the presence or potential occurrence of threatened or endangered species in Henderson County, North Carolina. The USFWS lists the following eight federally threatened and endangered species as occurring or potentially occurring in Henderson County (Appendix A). Common Name Scientifi c Name Status Oyster Mussel E ioblasma ca saeformus Endangered Swam ink Helonias bullata Threatened Appalachian elktoe Alasmidonata raveneliana Endangered Small whorled o onia Isotria medeoloides Threatened bunched arrowhead Sa ittaria fasiculata Endangered mountain sweet pitcher plant Sarracenia jonesii Endangered White irisette S' rinchium dichotomion Endangered bog turtle Clemm s muhlenbur ii Threatened* I LU Vd1cucu uue w simuanry or appearance with northern bog turtle The protected species audit consisted of a pedestrian survey by C1earWater Environmental Consultants staff. During field surveys, site habitats were identified and compared with r recognized habitats for each of the eight 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 in January 2005 and April 2006, four habitats: agricultural field, shrub/scrub wetland, upland hardwood forest, and streambed and bank were identified on the property. The following is a description of each of the four habitat types identified on the referenced site and its likelihood to harbor or support listed species. 3.1 Agricultural field The site contains several agricultural fields. Some of the fields have been maintained within the past year and contain various common upland field grasses. Some of the fields do not appear to have been maintained within the past two years. These areas have become overgrown with multiflora rose (Rosa multiflora). This habitat is not suitable for any of the listed species. 3.2 Shrub/Scrub Wetland This habitat occurs in a flat area located in the north central portion of the property and adjacent to an unnamed tributary to Bat Fork Creek. This wetland appears to be regularly flooded by Bat Fork Creek. The wetland has been historically altered through clearing and ditching. The wetland ditch portions of this habitat remain inundated and contain an obligate wetland plant community. The wetland has been mowed in the past and is heavily infested with multiflora rose. Additional species observed include red maple (Acer rubrum) and river birch (Betula nigra) in the overstory. Plants observed in the shrub layer include mulitflora rose, Chinese privet (Ligustrum sinense), blackberry (Rubes sp.), and elderberry (Sambucus canadensis). Herbaceous species observed include N.Y. Ironweed (Vernonia noveboracensis), soft rush (Juncus effuses), several species of sedges (Carex spp.), jewelweed (Impatiens capensis), and cattails (Typha latifolia). 3.3 Upland Hardwood Forest This habitat occurs on the northeastern corner of the site adjacent to College Drive. Species observed within the overstory of this community include white oak (Quercus alba), southern red -oak (Quercus falcata), Hickory (Carya tomentosa), yellow poplar (Liriodendron tulipifera), and white pine (Pinus strobus). The understory and shrub layer contain blackberry, multiflora rose, black cherry (Prunus serotina), serviceberry (Amelanchier laevis), and American holly (Ilex opaca). Species observed in the herbaceous layer included Christmas fern (Polystichum acrostichoides), blackberry (Rubes sp.), and poison ivy (Toxicodendron radicans). This habitat is not suitable for listed species. Therefore, impact to this habitat is not likely to affect listed species. 3.4 Stream Bed and Bank This freshwater habitat includes the streambeds and banks of unnamed tributaries to Bat Fork Creek. These creeks have shallow banks and the bed material is a mixture of sand, silt, and smaller gravel. Permanently rooted aquatic plants are practically non-existent in these streams. The tributary banks are dominated by shrubs and herbs including multiflora rose, elderberry, blackberry, yellow root (Xanthorhiza simplicissima), jewelweed, cinnamon fern (Osmunda cinnamomea), and Christmas fem. Suitable habitat for listed species was not found within this habitat type. 4.0 Listed species and 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 Mountain sweet pitcher plant, federally listed as an endangered species is a perennial herb, the mountain sweet pitcher plant grows from 21 to 73 inches tall. Its numerous and erect leaves grow in clusters and are hollow and trumpet-shaped, forming slender, almost tubular pitchers with a heart- shaped hood. The pitchers are a waxy dull green with criss-crossing maroon- purple veins. The hair inside the pitchers' tube is usually bent downward, and the tubes are often partially filled with liquid and decayed insect parts. Flowers of the mountain sweet pitcher plant are usually maroon with recurving petals. The stalks are erect and bear one flower each. Flowering and fruiting occurs April - June. Restricted to bogs and streamsides on granite rock faces along the Blue Ridge Divide, this plant's populations are generally found in level depressions associated with floodplains. A few populations can be found along the sides of waterfalls on granite rock faces. Herbs and shrubs usually dominate the bogs where these plants are located, but there may be a few scattered trees. The bog soils are deep, poorly-drained combinations of loam, sand, and silt, with a high organic matter content and a medium to highly acidic composition. Potentially suitable habitat is not present at the wetland area for mountain sweet pitcher plant (Sarracenia jonesii), therefore impacts to this species are unlikely. 4.2 Bunched arrowhead, federally listed as an endangered species is an emersed aquatic perennial herb, which grows 6 to 13 inches in height. Its spatulate-shaped leaves reach 3 decimeters (12 inches long) and 2 centimeters (three-fourths of an inch) wide, and stem from the base of the plant. The flowering stalk is erect, with upper flowers male and lower flowers female. Male flowers have three reflexed sepals, three white petals, and numerous stamens with pubescent, dilated filaments. Female flowers have three spreading or reflexed sepals, three white petals, and numerous separate carpels. The stalks of the lowest whorl of flowers ascend in fait, and the fruiting head is of numerous achenes. Flowering and fruiting occurs from May to July. Bunched arrowhead grows in seepage areas, which have little or no net flow but are not stagnant. The soil in the seepages can be characterized as sandy loams overtopped by a muck layer ranging in depth from 25 to 60 centimeters. Shaded sites have larger, more vigorous plants than open areas. Potentially, suitable habitat for this species is found within inundated portions of the wetland area however this plant was not observed during the survey. In addition, the high degree of manmade disturbance on the site makes this species occurrence unlikely; therefore impacts to this species are unlikely. 4.3 Appalachian elktoe, federally listed as an endangered species has a thin, but not fragile, kidney-shaped shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1 inch in width (Clarke 1981). Juveniles generally have a yellowish-brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish-black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to bluish-white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches (adapted from Clarke 1981). Only two populations of the species are known to survive. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain County, North Carolina. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, well-oxygenated, moderate- to fast- flowing water. 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). Stream type and substrates observed were not suitable for this species, therefore impacts to this species are unlikely. 4.4 Small-whorled pogonia, 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 L verticillata by the latter's purplish stem and long, dark sepals. Suitable habit for this species was not observed onsite. It is unlikely that development of this site will have an adverse impact on small-whorled pogonia. 4.5 Swamp pink, federally listed as a threatened species is found in wetlands that are saturated but not flooded. This would include 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. It can be distinguished by its basal rosette of light green, lance-shaped and parallel-veined leaves with a hollow-stemmed flower stalk that can grow 8-35 inches during flowering and up to 5 feet during seed maturation. Flowering occurs March through May and flowers are clustered (30-50) at the tip of the stem, in a bottlebrush shape. During this survey no specimens of swamp pink or typically associated evergreens were observed in the wetland areas. It is unlikely that development of this site will impact this species. 4.6 The Oyster mussel is a small (maximum about 70 millimeters or 2.1 inches) freshwater mussel (Neves 1991). Its periostracum (outer shell surface) has a dull to sub-shiny yellowish to green colored shell with numerous narrow dark green rays. The oyster mussel inhabits small to medium rivers (Dennis 1985) in areas with coarse sand to boulder substratum (rarely in mud) and moderate to swift currents (Gordon 1991). It is sometimes found associated with water-willow (Justicia americana) beds (Gordon and Layzer 1989) and in pockets of gravel between bedrock ledges in areas of swift current (Neves 1991). The USFWS has no current records of the species in North Carolina; it was last collected in North Carolina in 1913 (Ortmann 1918). The small unnamed tributaries are not suitable habitat for the oyster mussel. 4.7 White Irisette, federally listed as an endangered species is found in rich, basic soils probably weathered from amphibolite, in clearings and the edges of upland woods where the canopy is thin and often where downslope runoff has removed much of the deep litter layer ordinarily present on these sites. Flowering occurs from late May to July. White Irisette grows in a dichotomously-branching pattern. 4-8 inches tall; basal leaves are pale bluish-green: tiny white flowers (.3 inch) with reflexed petals in a cluster of 4-6 at the ends of winged stems; fruit is round w/3-6 seeds. White flowers and dichotomous branching pattern distinguish it from similar species. Suitable habitat for this species was not observed, therefore impacts to this species during development is unlikely. 4.8 Bog turtle, federally listed as a threatened species by similarity of appearance with the northern bog turtle. Bog turtles are easily distinguished from other turtles by the large, conspicuous bright orange, yellow or red blotch found on each side of the head. Adult bog turtle shells are 3 to 4-1/2 inches in length and range in color from light brown to ebony. Habitat would include sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. The preference would be narrow, shallow, slow-moving rivulets. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the Service is designating the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. As per USFWS guidance, It has no effect on land management activities of private landowners in southern states where the bog turtle lives. No suitable habitats were found in the project area for this species; therefore impacts to this species are unlikely. Findings Three habitats found on site, agricultural field, upland hardwood forest, and stream bed and bank, do not match acknowledged suitable habitat for any of the listed species described above. Shrub/scrub wetland does provide suitable habitat for bunched arrowhead, however this species was not observed during the survey. In addition the high degree of manmade disturbance on-site, make the occurrence of this species unlikely. 5.0 Conclusion During completion of threatened and endangered species habitat assessments for the Campus Quarters site, no listed species were observed. Based upon the available habitat, it is the opinion of C1earWater Environmental Consultants, Inc. that federally and state protected species are not likely to be affected from this project. As such, development of the proposed area is not likely to cause and adverse impact to any threatened or endangered species or potential habitat for threatened and 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. APPENDIX A Henderson County Endangered Species, Threatened Species,Federal Species of Concern, ... Page 1 of 2 Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Henderson County, North Carolina Updated: 03-29-2006 Common Name Vertebrate: Bog turtle Eastern small-footed bat Green salamander Hellbender Mountain blotched chub Pygmy salamander Southern Appalachian eastern woodrat Yellow-bellied sapsucker (Southern Appalachian population) Invertebrate: Appalachian elktoe Diana fritillary (butterfly) French Broad crayfish Oyster mussel Tennessee heelsplitter Vascular Plant: Blue Ridge Ragwort Bog asphodel Bunched arrowhead Butternut Scientific name Federal Record Status Status Clemmys muhlenbergii T (S/A) Myotis leibii FSC Aneides aeneus FSC Cryptobranchus alleganiensis FSC Erimystax insignis eristigma FSC Desmognathus wrighti FSC Neotoma floridana haematoreia FSC Sphyrapicus varius appalachiensis Alasmidonta raveneliana Speyeria diana Cambarus reburrus Epioblasma capsaeformis Lasmigona holstonia Packera millefolium Narthecium americanum Sagittaria fasciculata Juglans cinerea FSC Current Current Current Current Obscure Current Current Current E Current FSC Current FSC Obscure E Historic and Obscure FSC Current FSC Historic C Historic_ E Current FSC Current http://nc-es.fws.gov/es/cntylist/henderson.htnil 411119.006 Henderson County Endangered Species, Threatened Species,Federal Species of Concern, ... Page 2 of 2 Fort Mountain sedge Fraser's loosestrife French Broad heartleaf Gray's lily Large-flowered barbara's- buttons Mountain catchfly Mountain heartleaf Mountain sweet pitcherplant New Jersey rush Small whorled pogonia Small-leaved meadow-rue Swamp pink Sweet pinesap White fiingless orchid White irisette Nonvascular plant: Carex communis var. FSC Current amplisquama . Lysimachia fraseri FSC Obscure Hexastylis rhombiformis FSC Current Lilium grayi FSC Historic Marshallia grandiflora FSC Historic Silene ovata FSC Current Hexastylis contracta FSC Current Sarracenia rubra ssp. jonesii E Current Juncus caesariensis FSC Current Isotria medeoloides T Current Thalictrum macrostylum FSC Historic Helonias bullata T Current Monotropsis odorata FSC Obscure Platanthera integrilabia C Historic Sisyrinchium dichotomum E Current 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 "C1" 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://nc-es.fws.gov/es/cntylistihenderson.html 4/11/2006 NGNHP Quad Search Pagel of 2 NC NHP Quad Search Results New Search Returned Elements: 48 using: HENDERSONVILLE [Invertebrate Animal 1] [Natural C ommunity 11] [Nonvascular Plant 2] [Vascular Plant 31] [Vertebrate An imal 3] Major Group Scientific Name Common Name State Federal State Global Quad - Status Map - Status Statu s Rank Rank Habitat Invertebrate Macdunnoa brunnea Animal A Mayfly SR None S2 G3G4 Hendersonville- Link Current Natural Community Acidic cove forest None None None S5 G5 Hendersonville- Link Current Natural Community Canada hemlock forest None None None S5 G5 Hendersonville- Link Current Natural Community Chestnut oak forest None None None S5 G5 Hendersonville- Link Current Natural Community Low elevation granitic dome None None None S7 G2 Hendersonville- Link Current Natural Community Montane alluvial forest None None None S1 G2? Hendersonville- Link Current Natural Community Montane oak-hickory forest None None None S5 G5 Hendersonville- Link Current Natural Piedmont/mountain Community semipermanent None None None S4 G5 Hendersonville- Link impoundment Current - Natural Community Piedmontlmountainswamp None forest None None S1S2 G2. Hendersonville- Link Current Natural Community Rich cove forest None None None S4 G4 Hendersonville- Link Current Natural Community Southern appalachian bog (southern subtype) None None None SiS2 G1G2T1T2 Hendersonville- Link Current Natural Community Swamp forest-bog complex None (typic subtype) None None S3 G2G3T2 Hendersonville- Link Current Nonvascular Pannaria conoplea Plant Mealy-rimmed Shingle SR -D None S1 G3G4 Hendersonville- Lichen Current Link Plant onvascular Sphagnum capillifolium N Northern Peatmoss SR-P None S1 G5 Hendersonville- Link Historic - Vascular Plant Adiumia fungosa Climbing Fumitory SR-P None S2 G4 Hendersonville- Link Obscure Vascular Plant Arethusa bulbosa Bog Rose E None S1 G4 Hendersonville- Link Historic Vascular Plant Campanula aparinoldes Marsh Bellflower SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Carex barrattii Barratt's Sedge E None SH G4 Hendersonville- Link Historic Vascular Plant Carex pedunculata Longstalk Sedge SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Carex utriculata Beaked Sedge SR-P None S1 G5 Hendersonville- Link Historic Vascular Plant Carex verrucosa Warty Sedge SR-P None S2 G3G4 Hendersonville- Link Current Vascular Plant Celastrus scandens American Bittersweet SR-P None S2? G5 Hendersonville- Link Current Vascular Plant Epilobium ciliatum Purpleleaf Willowherb SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Eu atorium p godfreyanum Godfrey's Thorou hwort SR-P None S2 G4 Hendersonville- Link g Historic Vascular Plant Hasteola suaveolens Sweet Indian-plantain SR-T None SH G3 Hendersonville Link Historic Vascular Plant Helenium brevifolium Littleleaf Sneezeweed E None S2 G3G4 Hendersonville- Link Historic http://207.4.179.3 8/nhp/quad.php 4/11/2006 NC•NHP Quad Search Page 2 of 2 Vascular Plant Helonias bullata Swamp Pink T-SC T S2 G3 Hendersonville- Link Current Vascular Plant Hexastylis contracta Mountain Heartleaf E FSC S1 G3 Hendersonville- Link Current - Vascular Plant Hexastylis rhombiformis French Broad SR-L FSC S2 G2 Hendersonville- Link Heartleaf Current Vascular Isotria medeoloides Small Whorled E T S2 G2 Hendersonville- Plant Pogonia Current Link - Vascular Juncus caesariensis Rough Rush (=new E FSC S1 G2 Hendersonville- Plant Jersey Rush) Current Link Vascular Plant Lilium canadense ssp. editorum Red Canada Lily SR-P None S1 G5T4 Hendersonville- Link Obscure - Vascular Plant Lonicera (lava Yellow Honeysuckle SR-P None S2 G5? Hendersonville- Link Historic - Vascular Plant Magnolia macrophylla Bigleaf Magnolia SR-P None S2 G5 Hendersonville- Link Current Vascular Plant Marshallia grandiflora Large-flowered ' SR-T FSC SH G2 Hendersonville- Li k Barbara s-buttons Historic n - Vascular Plant Myrica gale Sweet Gale E None Si G5 Hendersonville- Link Current - Plant Vascular Plant Narthecium americanum Bog Asphodel E C SX G2 Hendersonville- Link Historic Vascular Plant Packera millefolium Divided-leaf Ragwort T FSC S2 G2 Hendersonville- Link Historic Vascular Plant Platanthera integrilabia White Fringeless E C SX G2G3 Hendersonville- Li k Orchid Historic n Vascular Plant Robinia hispida var. kelseyi Kelsey's Locust SR-O None S1 G4T1 Hendersonville- Link Historic Vascular Plant Sagittaria fasciculata Bunched Arrowhead E E S1 G1 Hendersonville Link Current Vascular Sarracenia 'onesii Mountain Sweet E -SC -SC E S1 G3T1 Li k Pitcher Plant Current n Vascular Plant Stachys eplingi! Epling's Hedge-nettle SR-T None SH G5 Hendersonville- Link Historic Vascular Plant Thermo sis fraxinifol/a p Ash-leaved Golden- SR-T None S2? G3? Hendersonville- Li k banner Historic n Vascular Plant Thermopsis mollis Appalachian Golden- SR-P None S2 G3G4 Hendersonville Li k banner Historic n Vertebrate Animal Crotalus horridus Timber Rattlesnake SC None S3 G4 Hendersonville- Link Historic Vertebrate Animal G/yptemys muhlenbergii Bog Turtle T T(S/A) S2 G3 Hendersonville- Link Current Vertebrate Animal Mustela nivalis Least Weasel SR None S2 G5 Hendersonville- Link Current NC NHP database updated: March, 2006. Search performed on Tuesday, 11 April 2006 @ 09:55:35 EDST Explanation of Codes http://207.4.179.38/nhp/quad.php 4/11/2006 e 82° 26' 00" W WGS84 8202500" lid z O ao T-i 0 Ln m j e • qp•L_??..V • . j rt . n , • • 2180-•? 1 • t' - f ? ' Corr riu n. 71 A?w ?' • . + *\; ' tit ? - f-. ', ??? K • •! i O. A?` . -.•, : ' :?:' ,. - PROJECT SITE Athl' .? 0fkefAkt ra' a ar !1 w ?'' • c .: v``? a H n sin ?? . 4 17 •. r L- -A 0 •+ + • r in- ` • • ?, -x V % z O OD T-i 0 l'1 2026'00" 1 WGS84 82025'00" W MN TN k 5 1 MILE. 6° 1000 FEET 0 Sao 1000 METERS Map created with TOPO!® ©2003 National Geographic (www.natiomlgeographic.com/topo) CLEARWATER 29-Acre Tract Environmental Consultants, Inc. Henderson County, N.C. 224 South Grove Street, Suite F USGS Topographic Map Hendersonville, NC 28792 Figure 2 828-698-9800 f ,- Yi L 3p t a r s ,k k Al F . ¢ - 46 t - ?? .dam c N N C TW CY) VJ vl- sw C S $ N ccdd N 121, C o0 N a 0 fl x WN U z 4. a U ?. o U ? a? x