20031515 Ver 1_Other Agency Comments_20031217

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WETLANDS/ 401 GROUp,
DEC 1 7 2003

® North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator /
Habitat Conservation Program
DATE: December 12, 2003
SUBJECT: Review of 404 Application, Division of Water Quality (DWQ)
Certification No. 031515, Larry U. Clark, Proposed Pond, Unnamed
Tributary Howard's Creek, Lincoln County
Mr. Clark is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of
Engineers and a 401 Certification from the NC Division of Water Quality. The NCWRC
has reviewed information provided by the applicant, and field biologists on our staff are
familiar with habitat values of the project area. These comments are provided in
accordance with 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).
Mr. Clark proposes to build a 6.14 acre pond. The length of the pond will be
approximately 650 feet. The project includes 1) cattle exclusion fencing, 2)
establishment of 50-foot wide natural buffers on tributaries on the site {estimated total of
2,500 linear feet of buffer restoration), 3) native herbaceous and tree plantings, and 4)
construction of 0.5 acres of shallow water wetlands with native wetland and riparian
plants. About 2.2 acres of the site may be entered into the USDA Wetland Reserve
Program. The project is proposed to provide pond recreation as well as attract waterfowl
and wildlife. Associated trails and wildlife viewing areas may be provided for wildlife
education purposes.
Based on the information provided by the applicant and our knowledge of the project
area, we do not believe this project will cause significant effects to waters. The project
should improve water quality as current pasturage conditions do not preclude cattle
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
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Larry U. Clark Pond 2 December 12, 2003
impacts. If the 404/401 permit/certification is issued, the NC Division of Land Resources
(DLR) should determine if the manmade pond could create any dam safety concerns.
Minimum flow requirements should be coordinated with or established by the NC
Division of Water Resources (DWR). These minimum flows should be effective
immediately downstream of the dam in order to protect existing geomorphic stream
functions and aquatic uses. Any stream or wetland mitigation required at this site should
be coordinated with the Corps and DWQ. Permanent deed restrictions, conservation
easements or other legally enforceable protective covenants should be provided for
proposed mitigation areas and associated stream buffers.
To the extent possible, native plant species should be used for the project instead of non-
native plants. We recommend consultation with a professional North Carolina Wildlife
Resources Commission biologist to further discuss planting schedules and reclamation
activities. Wildlife biologist, Jack Mason can be reached at 828/396-5363. Additional
planting suggestions and plant supply sources may be obtained from Stewardship
biologist, Elizabeth Hughes at 828/651-8380.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769-9453.
Cc: Steve Chapin, USACOE
Becky Fox, EPA
Mike Parker, DWQ-MRO
Fred Tarver, D WR
Doug Miller, DLR-MRO