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Home My WebLink About20011381 Ver 1_General Correspondence_20000222United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zllllcoa Street Asheville, North Carolina 28801 February 22, 2000 Colonel James W. DeLony Wilmington District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402 -1890 Dear Colonel DeLony' This is the report of the U.S. Fish and Wildlife Service and the Department of the Interior on a public notice for an after- the -fact permit apphcation submitted byVPTR ftc j for work in Leak Fork Creek and an unnamed tributary in Forsyth County, North Carolina (Action ID No. 199920144) This report is submitted in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661- 667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U S.C. 1531 -1543) (Act). The work already completed at the project site consists of the excavation, installation of culverts, and filling of approximately 850 linear feet of Leak Fork Creek and approximately 660 linear feet of and unnamed tributary to Leak Fork Cheek. The unauthorized activities occurred at a commercial development site near North Patterson Avenue, just outside Winston - Salem, in Forsyth County, North Caroima. Further project activities include clearing and construction within the flood plain of these streams, According to the public notice the affected waters are degraded urban streams. The public notice did not describe any alternative sites or designs that may have been considered prior to the unauthorized work We have reviewed the public notice and find no excuse for the unauthorized activities. There are likely alternate sites for the proposed commercial development as well as alternate designs that could have avoided or minimised impacts to the streams and flood plain. In accordance with the 404(b)(1) guidelines, which prohibit wetiand filling for nonwater- dependent activities when a practicable alternative exists, werrecommeud deriiahoi't�i1s_ permit request and recommerrdr �r� -- — ,*at the site tie restored promptlyY Site restoration. We recommend that the natural hydrology of the site be restored immediately. Natural vegetation should be established before weedy or nonnative species colonize the flood T9 39dd 33I-Q-IM ON T69O-69L -966 LZ'60 900Z /99/b0 � f plain and stream banns. All fill material should be removed from below the 500 -year flood plain elevation. We recommend the following elements be included in any stream restoration for this project: 1. Stream channel design should mimic the slope, riffle slope, pool slope, valley slope, meander geometry, sinuosity, cross - sectional dimensions, entrenchment ratio, bed material (pebble count), and bank -full discharge of a nearby reference reach of a stable stream of the same classification (Rosgen 1996). Bank -fail dimensions should be generated based on those of an appropriate reference reach and/or the discharge /channel dimension relationship developed for the North Carolina Piedmont (Harmon et al 1999; we can supply a copy of these curves if needed). We would like to review the final design of the stream channel restoration and relocation. 2 Riparian vegetation should include native woody species, such as alder (Alnus spp ), black willow, and dogwood, as well as Arundinaria, sedges, grasses, and rushes. Exotic vegetation should be screened from any plant material. Large woody species will provide thermal cover as well as deep bank - stabilizing root systems along the constructed/reconstructed stream channel. Monitoring should continue for at least 5 years following channel construction. Annual reports should be submitted to the resource agencies, and they should be notified of problems with success or function of the stream mitigation within 30 days of detection An appropriate regional conservation organization should hold title to the deed restrictions on any mitigation site. Compensatory mitigation. In addition to restoration of the site, we recommend that a compensatory mitigation plan be developed. Because there have already been significant impacts to the fish and wildlife resources in the project area, we believe additional work is necessary. Although the impacted streams may have suffered previously from urbanization, their functions as habitat for fish and wildlife are important. Compensatory mitigation should include restoration of at least 1,510 linear feet of a similar -sized stream within the same or adiacent subbasm. Restoration plans should employ the above principles of design, construction, and monitoring. Flood plain protection. Executive Order 11988 requires Federal agencies to consider and protect flood plain functions We believe the recent examples of flooding in eastern North Carolina highlight the importance of avoiding the "... long- and short-term unpacts associated with the occupancy and modification of flood plains . " and that we should "avoid direct and indirect support of flood plain development ...." Fill in the flood plain at this site will only exacerbate downstream flooding and the effects of urbanization and impervious surfaces in the watershed. We encourage you to consider your responsibilities as you make a decision in this matter. Endnngered §Rec ies. Notwithstanding the above concerns, we have reviewed our records and visited the site, and we agree that no endangered species are located within the impact area of the Z0 3Jdd 3dI3Q-IIM ON T600- 691. -966 LZ :60 000Z/90/00 site. Therefore, we believe the requirements under Section 7 of the Act are fulfilled. however, obligations under Section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Please do not hesitate to contact Mr. Mark Cantrell of our staff at 828/258 -3939, Ext. 227, if you have any questions regarding our comments. We have assigned our Log Number 4- 2- 00045 to this project; please refer to it in all future correspondence directed to us concerning this matter. Sin , c Brian P. Cole State Supervisor cc• Mr. John Thomas, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, 6508 Falls of the Neuse Road, Suite 120, Raleigh, NC 27615 Mr. Ron Linville, Western Piedmont Region Coordinator, North Carolina Wildlife Resources Commission, 3855 Ydlewild Road, Kernersville, NC 27284 -9180 Ms. Kathy Matthews, U.S Environmental Protection Agency, 61 Forsyth Street, Atlanta, GA 30303 -3104 E0 39dd 3dI-1Q -1IM ON ZE00- 69L -9EE LZ:60 000Z/90/170