20091346 Ver 3_WRC Comments_20101006

North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: Mr. Jamie Shern, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
FROM: Shari L. Bryant, Piedmont Region Coordinator ??tA U`?e-, 7t
Habitat Conservation Program
DATE: 6 October 2010
SUBJECT: Public Notice for Spring Investors, LLC for Construction of New Hill Place, Wake
County, North Carolina. Corps Action ID #: SAW-2008-00967
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131
et seq.).
The applicant proposes to construct New Hill Place, a residential and commercial development
and four-lane roadway. The proposed project will permanently impact 1.101 acres of wetlands and 5,256
linear feet of stream channel. The purpose of the project is to provide a transportation corridor for the
Town of Holly Springs and N.C. Department of Transportation and to provide commercial and residential
services to local citizens.
The proposed project site consists of 227 acres of mixed pine/hardwood forest. Thirteen
unnamed tributaries to Little Branch flow through the site. Little Branch is in the Shearon-Harris
Reservoir watershed in the Cape Fear River basin. Shearon-Harris Reservoir supports a diverse fishery
including sunfish (Lepomis spp.), crappie (Pomoxis spp.), catfish (Ictalurus spp.), and largemouth bass
(Micropterus salmoides).
We provided comments (Bryant, 28 July 2008) on an application from Spring Hill Investors, LLC
seeking Department of Army authorization to permanently impact 0.054 acres of wetlands and 1,150
linear feet of stream for construction of this project in 2008. We are concerned that the proposed impacts
to wetlands and streams have increased significantly since 2008. Comparing information between the
2008 and 2010 applications, it appears additional jurisdictional waters may have been identified on the
subject property that accounts for the significant increase in impacts to wetlands and streams.
We hesitate to concur with the piping of stream channels due to the potential for long-term and
cumulative impacts. Stream piping and placing fill in aquatic resources can alter hydrology, result in
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
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Corps Action ID #: SAW-2008-00967
significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat.
Stream piping reduces the infiltration of stormwater and associated pollutants, as well as the dissipation of
stream energy. Likewise, we hesitate to concur with the filling of wetlands due to their wildlife habitat
value and the well-known beneficial functions they provide for flood control and water quality protection.
We are concerned at the amount of impact the proposed project will have on jurisdictional
wetlands and streams. Although it appears there have been some changes to the 2008 project design that
would reduce impacts wetlands and streams, we question whether there are alternative designs that would
further avoid or minimize impacts to aquatic resources. In addition, in the 2008 application, the applicant
proposed to mitigate for impacts to stream channels by payment into the North Carolina Ecosystem
Enhancement Program. However, it is unclear what, if any, mitigation is proposed for the impacts
detailed in this application. Therefore, to complete our review of the application, we request the
following information:
• An alternatives analysis that demonstrates impacts to streams and wetlands have been avoided or
minimized to the maximum extent practicable.
• A mitigation plan that details how the applicant proposes to mitigate for any impacts to wetlands
and streams.
Protecting wide forested riparian corridors, the 100-year floodplain, and managing stormwater in
development areas are essential to protect water quality and aquatic and terrestrial wildlife habitat in
developing landscapes. In our previous comments on this project, we offered the following
recommendations to minimize impacts to aquatic and terrestrial wildlife resources, and asked that these
be incorporated into the permit, should it be issued.
A minimum 100-foot undisturbed, native, forested buffer should be maintained along perennial
streams, and a 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed,
forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife
resources, water quality, and aquatic habitat both within and downstream of the project area. In
addition, wide riparian buffers are helpful in maintaining stability of stream banks and for
treatment of pollutants associated with stormwater runoff. Whereas, a grassed buffer, particularly
fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as
discussed for forested buffers.
2. Remaining wetlands and streams on the site should be protected from additional impacts by
placing them in a permanent conservation easement to prohibit filling, draining, flooding, and
excavation.
Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate
the need to fill and culvert, where practicable. If culverts must be used, the culvert should be
designed to allow passage of aquatic organisms. Generally, this means that the culvert or pipe
invert is buried at least one foot below the natural streambed. If multiple cells are required, the
second and/or third cells should be placed so that their bottoms are at stream bankf ill stage. This
will allow sufficient water depth in the culvert or pipe during normal flows to accommodate
movements of aquatic organisms. If culverts are long and sufficient slope exists, baffle systems
are recommended to trap gravel and provide resting areas for fish and other aquatic organisms. If
multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during
normal flows to allow for wildlife passage. In addition, culverts or pipes should be situated so
that no channel realignment or widening is required. Widening of the stream channel at the inlet
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Corps Action ID #: SAW-2008-00967
or outlet of structures usually causes a decrease in water velocity causing sediment deposition that
will require future maintenance. Finally, riprap should not be placed on the streambed.
4. Stormwater control structures should be designed to achieve no net change in the hydrology of
the watershed. Additionally, trees and shrubs should be planted around the upper third of any
stormwater detention ponds, excluding the dam, to provide habitat benefits that offset those
functions lost by development, partially restore aquatic habitats, reduce exposure of the water
surface to sunlight thereby minimizing thermal pollution, and provide essential summer and
winter habitats.
5. Locate sewers and other utilities as far away from streams as functionally possible and minimize
stream crossings. It is preferable that sewers be located outside the riparian buffers.
6. Any landscaping should consist of non-invasive native species and Low Impact Development
(LID) technology. Using native species instead of ornamentals should provide benefits by
reducing the need for water, fertilizers, and pesticides. Using LID technology in landscaping will
not only help to maintain the predevelopment hydrologic regime, but also enhance the aesthetic
and habitat value of the site.
7. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive
silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. If we can be of further assistance,
please contact our office at [phone].
cc: Ian McMillan, DWQ