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HomeMy WebLinkAbout20081596 Ver 1_WRC Comments_20081023po,.-4-4; k r 4-?, -_-o i-i & d 8= / s-9? North Carolina Wildlife Resources Commission P Richard B. Hamilton, Executive Director MEMORANDUM (??] TO: Melba McGee, Environmental Coordinator Office of Legislative and Intergovernmental Affairs r _ ocT ? .? FROM: Ron Linville, Regional Coordinator JL?K Habitat Conservation Program ??pSpNOsIORO DATE: November 7, 2007 SUBJECT: Crane Point at High Rock Residential Development, Environmental Assessment, High Rock Lake, DENR Project No. 08-0127, Rowan County Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Federal Power Act, as amended (16 U.S.C. 791a- 825r) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). Crane Point at High Rock is a residential subdivision located on the shoreline of High Rock Lake which is an Alcoa Power Generating, Inc. (Yadkin) impoundment. Proposed facilities for the 22 residential homes include 10 boat piers and a boat ramp (lot 11) with a boarding dock and access road. The project impacts do not appear to be located within a designated Conservation Zone. No areas of Significant Aquatic Endangered Species habitat are located in or adjacent to the project area; however, four (4) small forested riparian wetlands are indicated for lots 4, 5, 7 and 8. The Bald eagle, Hahaeetus leucocephalus (NCT, FT) is known from High Rock Lake. Should Yadkin decide to allow the proposed project, we will not object to the proposed project provided the applicant adheres to the Yadkin Shoreline Management Plan including the 100-foot forested setback requirement for each of the lots. We offer the following additional suggestions to reduce future impacts to aquatic and terrestrial wildlife and their habitats. 1. An in-water work moratorium of 1 April to 1 June should be provided to minimize impacts to spawning fish and to increase the survivability of young fish. 2. Suitable trees and brush or other "Fish-Friendly" structures should be placed under fixed piers to provide complex aquatic life habitat. These should be constructed and maintained for the life of the pier. 3. Use of pesticides, fertilizers, and cleaners near or over water should be avoided. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 November 7. 2007 Crane Point at High Rock Lake 4. Strict erosion and sedimentation controls measures should be installed and used before beginning any land clearing or construction. These measures should be routinely inspected and properly maintained. 5. Where practicable, jurisdictional waters (including wetlands) and buffers should be set aside as common areas instead of being subdivided into portions of individual lots. Lake access easements through buffer zones are recommended. Maximum available buffers will ensure aquatic habitat benefits and protect shoreline habitat values. Buffers should be forested areas that run contiguously with the shoreline. An access/walking trail may be placed in the buffer zone providing it is kept away from waters to the extent practicable, it is pervious, and its width does not exceed minimum width requirements specified in the Americans with Disabilities Act (ADA). 6. Although the project is not likely to directly affect Bald eagles, the US Fish and Wildlife Service should be contacted for their concurrence that the project will not negatively affect the Bald eagle or any plant or animal species within their purview. Habitat protection should be implemented to provide long term protection for any perching, nesting and foraging trees that may be used by Bald eagles. Although not specific to this site, the attached general recommendations for marinas are provided as information for Yadkin and project proponent's review and consideration as they plan and develop the project. Please be advised that this office does not evaluate for plants. The NC Natural Heritage Program and the US Fish and Wildlife Service should be contacted for site review and evaluation concerning plant and animal species within their respective jurisdictions. Thank you for the opportunity to review this document. If we can provide further assistance please contact our office at 336-769-9453. Attachment: Standard Recommendations for Marina Activities on Lakes Cc: Melanie McKinney, S&ME E-copy: Todd Ewing, WRC John Ellis, USFWS Page 3 November 7. 2007 Crane Point at High Rock Lake Standard Recommendations for Marina Activities on Lakes 1. Boat slips should not be placed so as to impede or block navigation or create a navigational hazard for recreational vessels. Reflectors or night lights may be needed for recreational safety. 2. Boat slips should not extend into the lake further than necessary. Shoreline management guidance should be followed to minimize impacts to open waters. Dock facilities should not extend more than a third (1/3), preferably less than a quarter (1/4) of the total water body width. 3. If any dredging is necessary, it should be done in the dry (if possible) when the lake level is low. This will minimize sedimentation into the lake. NCWRC discourages dredging shallow water areas with productive bottom, wetlands, or submerged aquatic vegetation. We are less concerned with dredging shallow areas having a mud or sand substrate. 4. The U.S. Army Corps of Engineers should be contacted to determine if a 404 Permit is required The NC Division of Water Quality should be contacted to determine if certifications and stormwater permits are necessary. 5. Any existing Environmental Areas, Natural Areas and shoreline buffers in the area should be surveyed or photographed to create a permanent record of current habitat conditions. Copies of this documentation should be permanently maintained. These habitat areas and any newly established habitats should be protected through common area conservation easements, individual lot deed restrictions or other enforceable methods to prevent future direct and/or indirect habitat impacts. Should impacts occur, project proponents should guarantee restoration of any affected habitats to original pre-disturbance conditions. 6. Boating restrictions and lake access restrictions may be appropriate that prevent and minimize secondary impacts from boat wakes and shoreline activities to Environmental Areas and shoreline buffers. 7. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. Excavated materials should not be stockpiled where sediment will erode to surface waters. 8. Concrete is toxic to aquatic organisms so procedures which prevent wet concrete from contacting surface waters should be used. 9. Beneficial undisturbed forested shoreline buffers should be provided and promoted. We recommend shoreline reforestation using autochthonous (native) plants. These should include large woody shrubs and trees. Disturbed buffers should be restored to naturally forested conditions. Depending on local conditions, buffers can be replanted with silky dogwood, river birch, red maple, silky willow, tag alder, black willow, sycamore, or other native woody species to provide improved habitat, stability and shade. Note that silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Disturbed banks should be temporarily replanted with a temporary crop of annual wheat or oats. Once established, native woody plants should improve habitats along the edge of the lake and provide water quality benefits as well as improve aesthetics. 10. Fencing is recommended to protect buffers and direct users to provided access points. 11. Although not recommended, a walking trail may be placed in the buffer zone providing it is kept away from waters to the maximum extent practicable, it is pervious, and its width does not exceed minimum width requirements specified in the Americans with Disabilities Act (ADA). NCWRC recommends "Fish- Friendly" structures for ADA piers and docks as these devices provide attractive fish habitat. 12. if fueling stations or maintenance areas will be provided, emergency spill containment and stormwater management activities should be provided that meet Division of Water Quality and Emergency Management requirements. Emergency spill containment equipment should be readily available on site. 13. All activities must follow established shoreline management plans and any conditions specified by the NC . Department of Environment and Natural Resources, including buffer requirements. 14. If any water and sewer connections will be provided for piers and marina facilities, Department of Environmental Health and Division of Water Quality requirements must be followed to avoid any noxious conditions or health concerns.