20110695 Ver 1_Other Agency Comments_20111031

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No.: SAW-2011-01636
Mr. Bryan Edwards
Town of Sparta
Post Office Box 99
Sparta, North Carolina 28675
Dear Mr. Edwards:
October 27, 2011

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Reference is made to your September 15, 2011, Department of the Army permit application
in which you requested a permit for impacts to 0.41 acre of wetland for the construction of a
stormwater management system (BMP) behind the Skyline Telephone Membership Corporation
building on Grayson Street, Sparta, Alleghany County, North Carolina. The purpose of this letter
is to provide you with comments received in response to the Public Notice dated October 5, 2011
and request that additional information be submitted to continue the review of your permit
request.
By letter dated October 19, 2011 the North Carolina Wildlife Resource Commission
(NCWRC) provided comments in response to the Public Notice which are attached for your
review. NCWRC is concerned about permanently filling and modifying functioning wetlands
for the purpose of stormwater controls. They noted that currently the wetland appears to be
providing water quality benefits and could be further improved by plugging the existing ditch.
Additionally, WRC would like further explanation on how this project would increase wetland
area if it is partially filled. Finally, NCWRC recommends evaluating alternatives that would
reduce impacts to the wetland.
By letter dated October 19, 2011 the U.S. Fish and Wildlife Service (USFWS) provided
comments in response to the Public Notice which are attached for your review. The USFWS
would like further explanation on how this project would increase wetland area if the wetland is
to be filled. USFWS also requests information regarding downstream water quality issues and
culvert size. Additionally, USFWS believes the wetland is functioning in its current condition
and recommends alternatives such as, improving the existing wetland and construction of a
single retention cell, should be evaluated. The USFWS also noted that no federally listed species
or their habitat occurs on the project site and that your obligation under Section 7 of the
Endangered Species Act has been fulfilled.
-2-
We concur with the concerns outlined by NCWRC and USFWS and request that additional
information be submitted that outlines downstream water quality impairments that will be
addressed as a result of this project. Your response should include a discussion of other on or off-
site alternatives including avoidance and minimization measures that would meet the project's
purpose/need. This response should also include a discussion of why the BMP is designed as
proposed and could not be designed in a way that would avoid or minimize impacts to
jurisdictional wetlands on-site. The requested information should be submitted within 30 days
from the date you receive this letter. If we do not receive a response, we will assume that you
longer wish to pursue this project and withdraw your permit request. If you have any questions,
please contact me at (828)-271-7980, extension 226.
Sincerely,
asha McCormick
Project Manager
Asheville Regulatory Field Office
Enclosures
Copy Furnished with enclosures:
Mr. Jacob Byers
Michael Baker Engineering, Inc.
8000 Regency Parkway, Suite 200
Cary, North Carolina 27518
Copies Furnished without enclosures:
Mr. Ian McMillan
North Carolina Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Bryan Tompkins
U.S. Fish and Wildlife Service
160Zillicoa Street
Asheville, North Carolina 28801

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