20061104 Ver 2_WRC Comments_20070607

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North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator ~ ~ ~ ~ ~~~~.,~~~ D
i U.S. Arm Co s of En ineers
Asheville Office, y iP g
JUN ~a ~„ij 7
Ron Linville Re Tonal Coordinator /~~
FROM: g JENR-wAf~-.:.;;;~..rY
Habitat Conservation Program ~TIANtkSA+~~ S1'ar<~;~; ~k a~N
DATE: July 14, 2006
SUBJECT: KMH Banner Elk, LLC, Elk Creek Subdivision, Sugar Creek, Avery County
KMH Banner Elk, LLC 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. 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).
After talking to Mr. Richard Franklin, PE about the project, it appears that an existing double
pipe will be replaced or upgraded as appropriate to ensure safety and compliance with Clean
Water Act provisions. Although impacts are indicated to be 100' of stream, it is our
understanding that pipe impacts will be approximately 35 linear feet and that riprap will be used
for stabilization. Total impacts should be less than 75 linear feet. This area of Sugar Creek is
near the confluence with Elk River. Sugar Creek is believed to be a nursery tributary of Elk
River that supports wild Brown trout.
Based on the information provided by the applicant and our information on the range of trout in
the project area, we do not believe this project will cause significant effects to waters supporting
trout providing the following non-prioritized conditions are implemented:
Instream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the brown and brook trout spawning season of October 15 through April 15 to
protect the egg and fry stages of trout from off-site sedimentation during construction.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: (919) 70?-0220 Fag: [phone]

KMH Banner Elk, LLC -Page 2 -
July 14, 2006
2. Bridges are recommended for all permanent roadway crossings of streams, floodplains
and associated wetlands to eliminate the need to fill and culvert active floodplains.
Bridges should be the standard practice where significant natural resources like trout,
listed species, or site limitations like bedrock exist. Floodplain capacities and floodplain
functions must be maintained with bridges and culverts. If culverts must be used instead
of bridges, culverts should be designed and installed to allow passage of aquatic
organisms. Culverts 48" or larger must be buried at least a foot (12") below the
streambed. Culverts less than 48 inches diameter must be buried to a depth equal to or
greater than twenty (20) percent their size to provide aquatic life passage. These
measurements must be based on natural thalweg depths. Culverts should be situated so
that no channel realignment or widening occurs. Widening of the stream channel at the
inlet or outlet of structures usually causes a decrease in water depth and velocity resulting
in increased sedimentation and diminished aquatic life passage. Where multiple barrels
are used, the base flow barrel must be installed as indicated above while additional
barrels should be placed so that their bottoms are located on the active bank full
elevation. These bankful barrels must be connected to active floodplain benches to
provide natural dimensions for the base flow channel with sufficient water depth during
low or normal flows to accommodate movement of aquatic species. If culverts are long
and/or sufficient slopes exist, alternating baffles should be provided in a manner that
conforms to channel bends upstream and downstream, mimics natural meanders, prevents
upstream scour and downstream deposition, moves typical bed load materials, and
provides resting areas and passage for aquatic species.
3. Natural stream channel dimensions must be maintained or provided/restored. Flat
concrete aprons between wing-walls must not be used.
4. Riprap must not be placed in the streambed or in a manner to modify the natural thalweg
or impede aquatic life movement during low flow or drought conditions.
5. If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water.
6. Any future or additional impacts should be acknowledged and tallied towards mitigation
requirements as appropriate pursuant to Clean Water Act requirements.
7. Sediment and erosion control measures shall adhere to the design standards for sensitive
watersheds (15A NCAC 4B .0124}.
8. All remaining jurisdictional water buffers should be permanently preserved as
undisturbed forested areas using conservation easements instead of being subdivided into
individual lots. For waters that do not have federally listed threatened or endangered
aquatic species, we recommend 100' perennial stream buffers and 50' intermittent
buffers. Irregardless, the maximum available buffers should be provided and the
minimum buffer provided should be the twenty-five (25) feet trout buffer.
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.
E-copy: Kevin Barnett, DWQ-ARO