20071020 Ver 1_WRC Comments_20070619

IN~GT ao a ? / o Z o
North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM D /~
TO: Amanda Jones, USACOE ~~OM
Asheville Regulatory Field Office J(i ~ D
N r 9 200
FROM: Ron Linville, Re Tonal Coordinator ~~ ~~kR. W
g
Habitat Conservation Program 'mss ra"F+c~Ty
~e
DATE: June 13, 2007
SUBJECT: Laurel Trace Subdivision, Unnamed Tributaries Leroy Creek, Avery County
The applicant proposes receive an after the fact permit for installed culverts. Biologists with the
North Carolina Wildlife Resources Commission are familiar with habitat values in the area.
These comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina
Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25).
The project has impacted 120 linear feet of perennial waters for three (3) culverts ranging from
30 to 60 linear feet. Additional impacts to waters or wetlands are not indicated. Brook trout are
known for Leroy Creek and area headwaters. A site plan was not included with the submittal.
Based on our review of the application, we will not object to the project providing the following
conditions have been (or will be) implemented:
1. In stream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the brown and brook trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction.
2. To the maximum extent practicable, culverts 48" or larger should be buried a foot
into the streambed. Culverts less than 48 inches in diameter should be buried to a
depth equal to or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. Aquatic life passage must be
assured during low flow or drought conditions. Any riprap used must not interfere
with aquatic life movement dunng low flows. Improperly installed culverts in
perennial waters may need to be removed and replaced if fish are present or if the
pipe is unnecessarily perched.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Laurel Trace Subdivision -Page 2 -
June 13, 2007
3. Remaining jurisdictional waters and wetlands should be buffered, either through
protection or provision of undisturbed forested buffer zones. Buffers should be
permanently preserved as common contiguous forest areas instead of being
subdivided into portions of individual lots. For streams that do not support federally
listed threatened or endangered aquatic species, we recommend 50' intermittent and
100' perennial stream buffers. Maximum available buffers should be provided;
however, the twenty-five (25) foot trout buffer should remain undisturbed to the
maximum extent practicable. Although not recommended, a walking trail may be
placed in the buffer zone providing rt is kept away from streams to the maximum
extent practicable, it is pervious, and its width does not exceed minimum width
requirements specified in the Americans with Disabilities Act (ADA).
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
5. If any concrete will be used, work must be accomplished so that wet concrete does
not contact stream water.
6. Heavy equipment should be operated from the bank rather than in the stream channel
in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream.
7. Temporary or permanent native herbaceous vegetation should be established on all
bare soil within five (5) days of ground disturbing activities in the twenty-five (25)
foot trout buffer to provide long-term erosion control. We encourage use of fiber
matting. Onsite vegetation and materials may be used for stream bank stabilization
when practicable.
8. If impervious area exceeds ten (10) percent, stormwater management strategies that
maintain pre development hydrograph conditions are encouraged and recommended.
Information on LID measures can be found at ~~_tiy~~_lc~win~actdcvclo~cnt_org,
htt~_,~is~~v_~~.cl~~~.<~o~ic~~~o~~'rips!licl;'lidt~at_1_,I?df and http !1v~~4~~.,~torm~~at~rc;cntcr.rict!.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at 336/769-9453.
E-copy: Kevin Barnett, DWQ-ARO