20061147 Ver 1_WRC Comments_20060807

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North Carolina Wildlife Resources Commission 0
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office. U.S. Army Corps ofEngmeers
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FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program p; iF
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DATE: July 28, 2006
SUBJECT: Vistas at Banner Elk - NWP 14, Unnamed Tributaries Whitehead Creek, Avery County
Vista Properties, LLC is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission
(NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. 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).
The project is the development of a 2,700 linear foot road project. Impacts will be 150' feet of channel although
245' are affected. The development will consist of 88 single family condominiums. Imperviousness for the
development will be about four (4) acres leaving 23 plus acres pervious. Rainbow trout are known for Whitehead
Creek and Brown Trout are known fro Elk River. This permit should be certified by NC Division of Water Quality.
Based on the information provided by the applicant and our knowledge on the range of trout in the project area, we
do not believe this project will cause significant effects to waters supporting trout. Therefore, we do not object to
the project as proposed providing the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout
spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout.
2. 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.
3. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds (15A
NCAC 4B .0124).
4. All remaining jurisdictional waters and highly erodible areas should be provided or preserved with
undisturbed forested buffers. These buffers should be contiguous and set aside as common areas with
permanent conservation easements. We routinely recommend 50' buffers for intermittent channels and
100' buffers for perennial streams. Existing twenty-five (25) foot trout buffers should be protected.
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.
E-Copy: Kevin Barnett, DWQ-ARO
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]