20011381 Ver 1_Other Agency Comments_20000223

MEMORANDUM
TO. John Thomas, Permit Coordinator
Raleigh Office, U S. Army Corps of Engineers
FROM Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE rFebruary 13`, 2000
SUBJECT- Review of Public Notice Action ID 199920144, After - The -Fact Pernut
Application by PTR, Inc. (previously known as the Rocky Carter site), Leak Fork
Creek, Forsyth County
Biologists with the North Carolina Wildlife Resources Comrmssions ( NCWRC) have
reviewed the subject Public Notice and are fanuliar with habitat values of the project area A site
visit was conducted on February 23, 2000. Our 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 Wilnungton District of the Corps of Engineers (Corps) has provided Public Notice
on an After - The -Fact 404 Application by PTR, Inc. for impacts to approximately 1510 feet of
perennial stream The impacts to Leak Fork Creek are 850 linear feet of stream and the impacts
to a tributary of Leak Fork Creek are 660 linear feet The activities were unauthorized and
unpermitted Impacts to wetlands could not be determined. The Corps previously issued a
Notification of Unauthorized Activity for impacts to both stream segments. Subsequent to this
notification, development of the site continued as structures and parking lots were added The
Corps is requesting comments from the NCWRC relative to the 404 Permmt request to the U S
Army Corps of Engineers
We are concerned about the fragmentation and loss of forested areas and woodlands as
development occurs in urban areas like the City of Winston- Salem. This unauthorized stream
piping and commercial development occurred in a hardwood bottomland area that appears to be
floodplam. Both streams impacted appear to be perennial. Based on our knowledge of the
404/401 penmttmg process, it appears that if the commercial venture had proceeded correctly
through the process that many of these impacts would have been avoided or minimized Habitat

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After - The -Fact Permit Application
losses in the vicinity of the project include aquatic and terrestrial habitats In urban scenarios,
this type of loss can be significant, resulting in adverse impacts on fish and wildlife habitats and
water quality The North Carolina Wildlife Resources Commission generally opposes non -water
dependent development activities involving biologically productive aquatic habitat when there
are viable alternatives The standard of "no adverse impact" may be applicable in this permit
application. Therefore, the burden of meeting that standard rests with the applicant
NCGS 143 -215 51 (Chapter 143, Article 21, Part 6) regulates fill in floodways that may
affect water flow and increase flood height and damage. NCGS 143 - 215.54 does not list
commercial development as a matter of right without an appropriate pernut Local governments
can issue permits pursuant to NCGS 143 -215 57 However, NCGS 143 -215 59 indicates that a
local permit "shall in no way affect any other type of approval required by any other statute or
ordinance of the State or any political subdivision of the State, or of the United States . ". It is
unknown whether or not the City of Winston -Salem issued such a permit for fill in these
bottomlands and for the relatively large USGS blue line stream
Routinely, the Division of Water Quality requires a stormwater pond to offset impacts to
waters or wetlands from commercial development We appreciate the efforts to protect water
quality by providing stormwater detention and treatment However, we do not encourage the
filling of floodplams or the use of existing waters or wetlands for water quality treatment
facilities. Therefore, we recommend that the Corps provide for the customary avoidance and
mminuzation that is routinely required for projects of this type (i e , allowing for rmnor stream
crossings for roadways under NWP18). We believe that a relocation of the stream channels
using bioengineering techniques could provide for site development as well as restore habitats
and water quality benefits Therefore, we recommend that bioengineering techniques be
incorporated in relocation of the larger stream This should include a 50 foot naturalized stream
buffer
If additional avoidance and numnuzation measures are not appropriate and if relocation
and restoration of both streams is not economically feasible or practicable, we recommend that
the wet detention facility include vegetated littoral shelves for aquatic edge habitat as routinely
required in 401 Certifications. In an effort to restore aquatic, avian and terrestrial habitats as
well as enhance aquatic /detritus habitats in the detention facility, we recommend that the
applicant provide for the restoration of tree and shrub species sinular to those previously found
on the site Native species such as wild cherry, hickory and oak (also see list below) may be
preferred for upland locations. These trees and shrubs should be planted around and on the
upper third of the detention structure, excluding the dam. These should provide habitat benefits
that could offset those functions lost by development, partially restore aquatic habitats, reduce
exposure of the water surface to sunlight thereby minimizing thermal pollution, provide essential
summer and winter habitats as well as provide an aesthetically pleasing green space which
should enhance the area Essentially, these plantings could provide water quality and habitat
benefits as well as provide a green space in the vicinity

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. PTR, Inc
After - The -Fact Permit Application
Page 3
02/25/00
Additionally, instead of using the typical fescue or grasses, the upper interior and exterior
of the structure should be planted with the following nix
Spring/Summer Mixture, May 1- Sept. 15 Fall/Winter Mixture, Sept. 15 - April 30
Browntop millet 20 lbs /a Rye grain 120 lbs /a
Korean lespedeza* 20 lbs /a Korean lespedeza* 20 lbs /a
Shrub lespedeza 1 lb /a Shrub lespedeza 1 lb /a
Switchgrass 10 lb /a Partridge pea 10 lb /a
* On slopes less than 3:1 use Korean lespedeza
On slopes greater than 3.1 use Crown Vetch or Sericea lespedeza (not prefferred)
Add one of the following to the above mixture.
Crown Vetch 5 lbs /acre
Ladino Clover 5 lbs /acre Lime & fertilize disturbed areas according
Alfalfa 5 lbs /acre to NCRS soil test and recommendations.
(Note- Mowing should be limited to early spring and should only occur as needed to
prevent tree growth on the dam or other areas Mowing on a 2 -3 year schedule should
suffice.)
Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal
rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of
150 per acre around the normal water elevation and littoral shelf area The following list of tree
species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar
Hickory Sumac
Swamp Chestnut Oak Viburnum
Black Gum
American Holly
White Oak
Willow Oak
Green Ash
Ironwood
Dogwood
Red Maple **
Black Cherry
Water Oak Silky Dogwood
Other species may be utilized depending on site requirements and availability. Pines*
should not exceed 15% of the reforestation. No more than 20% of the tree species will be
of a single species An 80% success rate is acceptable over five years Large or fast
growing trees like Sycamore and Maple ** may not be appropriate around detention
facilities
Mitigation for unnecessary and unpermitted impacts should occur in Forsyth County If
not possible, mitigation should occur in the same categorical area. Payment into the Wetlands
Restoration Program may be acceptable, however, this should occur only after appropriate
avoidance and minimization has occurred on site.
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
Cc. John Dorney, DWQ
Douglas Huggett, CAMA
Jennifer Frye, WSRO -DWQ

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After - The -Fact Permit Application
Frank McBride, NCWRC
Mark Cantrell, USFWS