20070134 Ver 1_WRC Comments_20070212

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MEMORANDUM
Richard B. Hamilton, Executive Director
To: Cyndi Karoly
NC DENR/DWQ
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: February 12, 2007
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RE: Fayetteville -Annexation Phase V Part I Area 2C, Cumberland Co. 401 /404
Application DWQ # 20070134
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject application for impacts to wildlife and fishery resources. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et. seq.), and Sections 401 and 404 of the Clean Water Act (as amended).
The City of Fayetteville proposes to install sanitary sewer in existing subdivision and a 12 inch
sewer outfall parallel to Stewart's Creek using track hoes and restore to existing grade including
erosion control, traffic control, and compliance with NWP 12. The project is located west of the
intersection of North Reilly Rd. and Morganton Rd., in Cumberland Co.
We have the following concerns:
Our greatest concern is with the parallel placement of the sewer line along Hutaff Lake
and Stewarts Creek. The NC Natural Heritage Program (NHP) has identified a state and
federally listed plant species, loose water milfoil (Myriophyllum laxum), in Lake Hutaff.
This species is listed as Threatened by NC and Of Special Concern by the U. S. Loose
water milfoil is critically imperiled in North Carolina because of extreme rarity or
otherwise very vulnerable to extirpation. Globally, it is either very rare or local
throughout its range, or found locally in a restricted area. We recommend that the
installation of sewer lines follow existing road rights-of--way rather than paralleling the
lake or stream. This would have significantly less impact on riparian buffers.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Fayetteville -Annexation Phase V Part I Area 2C 2 February 12, 2007
2. Buffers in this area should be 100 ft native forested buffers on each side of perennial
streams or 50 ft on each side of intermittent streams. Where utilities follow streams, all
construction (including the width of the construction easement) should be outside the 100
or 50 ft buffer or the full extent of the 100-year floodplain, whichever is greater.
3. We recommend directional drilling for all stream crossings. With directional drilling
there should be no impact to stream channels. However, drilling should start and end
outside the riparian buffer (native forested, 100-feet perennial/50-feet intermittent).
4. For guidance, please see our publication Guidance memorandum to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water
quality (August 2002), located on the web at:
htt ://www.ncwildlife.or>/ U07 WildlifeS eciesCon/ ~7c3 im acts. df.
We appreciate the opportunity to comment on the application and support the project provided
our recommendations are included in the final design. If you have any questions, please call me
at [phone].
CC: Dale Suiter, USFWS
Sarah McRae, NCNHP