20080712 Ver 1_WRC Comments_20080501

0 North Carolina Wildlife Resources Commission 0
May 1, 2008
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Nationwide Permit Application for Phoenix Creek Development, LLC, Mr. Gordon Sadler
Culverts in unnamed tributaries to Reems Creek, Buncombe County
DWQ No. 08-0712
Dear Ms. Beckwith:
Mr. Gordon Sadler of Phoenix Creek Development, LLC requested a letter of concurrence from the North
Carolina Wildlife Resources Commission (Commission) in order to obtain a 404 Permit from the U.S. Army
Corps of Engineers. I have visited the project site. Comments from the Commission are provided under
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).
Seven culverts would be put in unnamed tributaries to Reems Creek in order to develop the Phoenix Creek
subdivision near Weaverville. The 295 feet of stream impacts would be mitigated through the Ecosystem
Enhancement Program.
The streams on the property appear unsuitable for trout. Reems Creek downstream of the property is stocked
with trout and may support some wild trout as well. However, the Commission does not believe the project will
harm trout if effective sediment and erosion controls are used and maintained.
If the project is permitted, then the Commission can concur if:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Sadler Page 2 May 1, 2008
Buncombe
1. The Nationwide and Final Regional conditions, with exception of 1.2, are adhered to. This includes partial
burial of the culverts into the stream beds as stipulated by condition 3.6.
2. Wet concrete is not allowed to contact water since this can kill fish.
3. Removal of trees and other vegetation near stream crossings is avoided as much as possible; riparian vegetation
is critical to stream stability.
4. Storm water is routed indirectly to streams through vegetative filters as much as possible. Several cross pipes
are installed under the road segment at the subdivision entrance that closely parallels the stream to avoid
discharge of storm water from the inside ditch to the stream at only one or a few points.
5. Sediment and erosion control measures are used and maintained during construction.
6. The impacts are mitigated at a 2:1 ratio.
Thank you for the opportunity to review and comment on this project. The Commission may inspect the work
site during or after construction. If there are any questions regarding these comments, please contact me at
[phone] extension 24.
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Charles Johnston, Environmental Services, Inc.
Mr. Kevin Barnett, NC Division of Water Quality, Asheville