20081070 Ver 1_WRC Comments_20080829

North Carolina Wildlife Resources Commission 0
August 29, 2008
Mr. William T. Walker
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 Ingles Markets, Inc., Mr. Ben LaFrombois
Wetland and UT Swannanoa River fills, Buncombe County
DWQ 08-1249
Dear Mr. Walker and Ms. Karoly:
Mr. Ben LaFrombois of Ingles Markets, Inc. requested a letter of concurrence from the North Carolina Wildlife
Resources Commission (Commission) for a 404 Permit from the U.S. Army Corps of Engineers and a 401
Water Quality Certification from the Division of Water Quality. The project involves filling 315 feet of
tributaries to the Swannanoa River and about 0.48 acre of wetlands for a commercial facility expansion near
Asheville. Two of the stream culvert sites and 0.1 acre of the wetland fill would be restored following
completion of construction. I visited the project site on August 21, 2008 and observed all the impact sites,
including site 1 which had already been partially filled. 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).
The project should not harm trout.
The Commission does not object to a 404 permit and 401 Water Quality Certification for this project provided the
impacts are unavoidable, the Nationwide and Final Regional Conditions are followed, and adequate compensatory
mitigation is provided. Note that adherence to Final Regional Condition 1.2 is not necessary to protect trout
spawning. The wetland impact site 2 should be avoided because this wetland provides good habitat for amphibians
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Ingles Markets, Inc. Page 2 August 29, 2008
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and reptiles and it may be within the 100-year floodplain of the river. If the fill cannot be avoided, then a firm
schedule for removal of the fill and restoration of the grade should be required.
With regard to compensatory mitigation, the Commission supports the use of riparian vegetation planting to offset
stream impacts on the property, even though the limited coverage that currently exists in most areas is due to
mowing by the applicant. However, the amount of planting proposed would not adequately offset the project's
permanent impacts. For example, the upper-half of Reach B already has dense vegetation on the left bank where
augmentation is proposed (Figure 1) and the lower half of this reach has trees and other vegetation, albeit more
limited coverage due to active mowing (Figure 2). Reach A has been maintained like the lower part of Reach B.
Therefore, in addition to the proposal, vegetation planting on the right bank of Reach B (Figure 3) and elsewhere on
the property where riparian vegetation is limited is recommended to augment the compensatory mitigation needs.
The need to not maintain these areas should be communicated to facility maintenance personnel.
Thank you for the opportunity to review and comment on this project. The Commission may inspect the work
site. 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: Clearwater Environmental Consultants

Ingles Markets, Inc. Page 3 August 29, 2008
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Figure 1. Upper part of Reach B left bank.
Figure 2. Lower part of Reach B left bank where mowing occurs.
Ingles Markets, Inc. Page 4 August 29, 2008
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Figure 3. View from left bank to right bank in Reach B.