20040236 Ver 1_Other Agency Comments_20040309

® North Carolina Wildlife Resources Commission rszj
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: March 9, 2004
LIAR 1 1 2004
SUBJECT: Review of 401 Certification, DWQ # 040236, Applegate Road Improvements,
NWP 14, Mecklenburg County
The applicant is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality. 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).
Impacts are requested to improve access for the referenced property located along a
tributary of McAlpine Creek in the Catawba River Basin. Impacts are reported to be 149 linear
feet of perennial stream and 0.33 acres of wetlands.
Based on our review of the submittal, linear impacts may exceed 149 linear feet. We
recommend that impacts to waters and wetlands be avoided whenever possible by using spanning
structures. If this is not possible, mitigation should be provided, preferably within the property.
This should be provided through stormwater management best management practices, stream and
wetland restoration and deed restrictions that preserve and/or restore natural undisturbed riparian
buffers along stream channels. If Mecklenburg SWIM buffers are not required for this perennial
stream, the water quality 401 Certification should incorporate buffer protection measures.
Culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less
than 48 inches 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. If
there are cumulative impacts associated with the project, stream and wetland mitigation should be
required.
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.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]