HomeMy WebLinkAbout20091020 Ver 1_WRC Comments_200910230 North Carolina Wildlife Resources Commission K?
Gordon Myers, Executive Director
October 23, 2009
Ms. Liz Hair
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Nationwide Permit Application for Marion Retail Inv., LLC
Stream and wetland fill, UT North Muddy Creek, McDowell County
DWQ No. 09-1020
Dear Ms. Hair and Ms. Karoly:
Marion Retail Inv., LLC requested comments from the North Carolina Wildlife Resources Commission
(Commission) for a 404 Permit and 401 Water Quality Certification to fill 0.07 acre of wetland and 147
feet of an unnamed tributary to North Muddy Creek for a commercial development near Marion.
Comments from the Commission are provided under provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
Staff was unable to visit the site. However, based on available information, we believe that the project
will not harm either trout or rare species. We are concerned about sedimentation in the Muddy Creek
watershed largely because it drains to the Catawba River tailrace where there is a trout fishery. Because
of this and the project's large disturbance area and location near the headwaters of the watershed, it is
particularly important that this project use and maintain effective erosion controls during construction.
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452-
2546 extension 24 if there are any questions about these comments.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Marion Retail Inv., LLC Page 2 October 23, 2009
McDowell
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Ronald Walker, S&ME, Inc.