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HomeMy WebLinkAbout20061901 Ver 3_WRC Comments_20091110S North Carolina Wildlife Resources Commission 9 November 10, 2009 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: Versant Properties, LLC Nationwide Permit Application - After-the-Fact Versant, Buncombe County DWQ No. 06-1901 V3 Dear Ms. Beckwith and Ms. Karoly: Versant Properties, LLC requested a 404 Permit from the U.S. Army Corps of Engineers and a 401 Water Quality Certification from NCDENR, Division of Water Quality. North Carolina Wildlife Resources Commission (Commission) staff visited the project site several times. Comments from the Commission are provided under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The applicant originally proposed filling and flooding 1,253 feet of streams and 0.406 acres of wetlands in the Reaverdam Creek watershed for three ponds and culverts in the 397-acre Versant residential development. Several culverts were installed and the wetland near the guardhouse was cleared and graded before permits were received. The application for those impacts was withdrawn and the applicant requested and received a Nationwide Permit to fill 0.145 acres of wetlands and 273 feet of streams for roads and one pond. Now, the project has been revised further and authorization for 144 feet of stream impacts has been requested for roads. The applicant does not anticipate future impacts for later phases of the development. The project should not harm trout. Habitat is unsuitable for trout in the project area. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Versant Page 2 November 10, 2009 Buncombe We have no major concerns with this project provided it complies as needed after-the-fact with the Nationwide and Certification requirements. However, it is unnecessary to avoid construction, if applicable, in streams during the trout moratorium (Final Regional Condition 1.2). Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452-0422 extension 24 if there are any questions about these comments. Sincerely, Dave McHenry Mountain Region Coordinator, Habitat Conservation Program