20081287 Ver 2_Staff Comments_20081121

llcll
NC Division of Water Quality
401 Oversight and Express Permitting Unit
November 21, 2008
Memorandum
To: File
From: Eric Kulz
Subject: DWQ # 20081287v2
Info to clarify review of PCN and application materials
Wilderness Creek Falls
Cherokee County
Application and Mitigation Plan prepared by WNR
Due to some confusing things in the application, I contacted Jennifer Robertson of WNR on
November 21, 2008 regarding the application. The issue clarified were:
1) Mitigation proposed by enhancing 784 Lf of stream does NOT include the stream within
the footprint of Pond #1 (north side of property). Similarly, restoration of streams within
footprint of Pond #2 are not counted as mitigation. Streams restored within the footprints
of the ponds are removal of impacts.
2) The restoration of the stream on the south side of the property is to resolve a violation,
and is not intended for mitigation credit.
3) My comments regarding the mitigation are as follows:
a. Mitigation credit for the section of stream where only one side of the stream is
buffered (stream is on property line) will NOT be approved. Stream mitigation
must include 30-foot buffers on both sides of the stream, and must be put into
conservation easement. Alternative mitigation needed to satisfy mitigation
requirements of project.
b. We need information regarding monitoring (five years vegetation monitoring for
Enhancement 2).
North Carolina Division of Water Quality; 401 Oversight and Express Permitting Unit
1650 Mail Service Center; Raleigh, NC 27699-1650
2321 Crabtree Blvd., Raleigh, NC 27604-2260
Telephone: [phone]; Fax: [phone]
http://ncwaterquality.org/wetlands