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HomeMy WebLinkAbout20080377 Ver 1_WRC Comments_20080311 r P North Carolina Wildlife Resources Commission P MEMORANDUM TO: FROM: DATE: SUBJECT Amanda Jones, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers Ron Linville, Regional Coordinator ZWW Habitat Conservation Program February 29, 2008 k P= @ PM 0 W REM DO MAR 1 1 2008 DENR - WATER QUALITY WETLANDS AND sTORMWATER BRANCH Review of an application for Phillip and Karen Rea (Flint River Estates, Lot 15) by National Committee for the New River (NCNR), Ashe County The NCNR is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project will install reshape 110 linear feet of bank and install one (1) rock vane and live stakes. Natural channel design methodologies are indicated for the in channel structures. Some in channel work will be necessary. Projects in Ashe County have the potential to impact North Carolina listed species (Green floater (Lasmigona subviridis, NCE, FSC); Kanawha minnow Phenacobius teretulus, NCSC, FSC); Tonguetied minnow (Exoglossum laurae, NCSR); Kanawha darter (Etheostoma kanawhae, NCSR); logperch, (Percina caprodes, NCT); seep mudalia, (Leptoxis dilatata, NCT); sharpnose darter (Percina oxyrhynchus, NCSC); purple wartyback (Cyclonaias tuberculata, NCSC); spike, (Elliptio dilatata, NCSC)} and species on the NC watch list {Appalachia darter (Percina gymnocephala); New River crayfish (Cambarus chasmodactylus); and a crayfish with no common name (Orconectes cristavarius)). Smallmouth bass are known for this area of the New River. Based on the information provided by the applicant and our knowledge of the range of trout in the project area, we do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to the project as proposed. To the extent practicable for the Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Flint River Estates, Lot 15 Page 2 March 3, 2008 installation of rock vanes, sediment and erosion control measures should adhere to the design standards for sensitive watersheds (15A NCAC 4B .0124). Equipment allowed in waters should be new or low hour, clean and in good mechanical condition. To the extent possible, a minimum twenty-five (25) foot undisturbed buffer should be provided. Wider undisturbed buffers of 200' are recommended (whenever possible) to protect listed or rare species as well as to protect the river from widening and losing depth. In our view, the erosion is probably caused by removal of woody riparian plants and planting shallow rooted grasses. Similar eroding banks are becoming common place along portions of the New River as development occurs. Sound land use planning and necessary protection of the twenty-five (25) foot trout buffer (NC Division of Land Quality) throughout Ashe County should be instituted to preclude similar problems with other developments along the New River and its tributaries. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336-769-9453. E-copy: Sue Homewood, DWQ-WSRO