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Home My WebLink About20091020 Ver 1_WRC Comments_200910230 North Carolina Wildlife Resources Commission K? Gordon Myers, Executive Director October 23, 2009 Ms. Liz Hair 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 Marion Retail Inv., LLC Stream and wetland fill, UT North Muddy Creek, McDowell County DWQ No. 09-1020 Dear Ms. Hair and Ms. Karoly: Marion Retail Inv., LLC requested comments from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit and 401 Water Quality Certification to fill 0.07 acre of wetland and 147 feet of an unnamed tributary to North Muddy Creek for a commercial development near Marion. 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). Staff was unable to visit the site. However, based on available information, we believe that the project will not harm either trout or rare species. We are concerned about sedimentation in the Muddy Creek watershed largely because it drains to the Catawba River tailrace where there is a trout fishery. Because of this and the project's large disturbance area and location near the headwaters of the watershed, it is particularly important that this project use and maintain effective erosion controls during construction. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452- 2546 extension 24 if there are any questions about these comments. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Marion Retail Inv., LLC Page 2 October 23, 2009 McDowell Sincerely, Dave McHenry Mountain Region Coordinator Habitat Conservation Program cc: Mr. Ronald Walker, S&ME, Inc.