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HomeMy WebLinkAbout20211505 Ver 1_WRC Comments_202112089 North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director 08 December 2021 Mr. Kevin Thomas Civil and Environmental Consultants, Inc. 3701 Arco Corporate Dr., Suite 400 Charlotte, North Carolina 28273 SUBJECT: Individual Permit Application for the Hendrick Gravel & Sand Company Lake Norman Quarry Forney Creek Relocation in Stanley, Lincoln County, North Carolina. USACE Action ID: SAW-2020-00436; DEQ No. 20211505. Dear Mr. Thomas, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended) and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). On behalf of the Hendrick Industries Inc. (Hendricks), Civil and Environmental Consultants, Inc. (CEC) has submitted an Individual Permit (IP) application for the Forney Creek Relocation at the Lake Norman Quarry. The quarry is located at 6941 Quarry Lane in Stanley, Lincoln County, North Carolina. Hendrick is proposing to construct additional subsidiary infrastructure within the current permitted mine boundary in support of future on -site mine expansion. To expand the mine laterally, Hendricks has proposed to relocate and restore an estimated 3,170 linear feet of Forney Creek. The mitigation would in be in the form of Permitee Responsible Mitigation. Forney Creek in the Catawba River Basin is classified as a Class C stream by the NC Division of Water Resources. Forney Creek is on the State's Final 2018 303(d) list of impaired waters. We have current records for the state significantly rare seagreen darter (Etheostoma thalassinum) in Killian Creek. CEC conducted surveys for federally listed species, and individuals or suitable habitat was not observed. We offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources: Forney Creek is bound by the overburden storage and berm to the northwest and the quarry pit to the southeast. To ensure sediment does not encroach into the stream, we recommend maintaining a minimum 100-foot undisturbed, native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. Also, wide riparian Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 08 December 2021 Page 2 Forney Creek Relocation — Lake Norman Quarry USACE Action ID: SAW-2021-00436 NCWRC Comments buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with urban stormwater. 2. We recommend leaving some woody debris for use by wildlife. 3. In the planting plans, we recommend reducing the amount of sycamore (Platanus occidentahs) and spicebush (Lindera benzoin) and add species such as black willow (Salix nigra), sugarberry (Celtis laevigata), and/or American persimmon (Diospyros virginiana). 4. Due to the decline in populations of tree -roosting bat species, avoid tree clearing activities during the maternity roosting season for bats (May 15 — August 15). 5. Disturbed areas outside the restoration area should also be re -seeded with native seed mixtures and plants. Avoid fescue -based mixtures or lespedeza because they are invasive and provide little benefit to wildlife. Native, annual small grains appropriate for the season are preferred and recommended. 6. The relocated and restored stream and buffer should be placed in a conservation easement to protect them in perpetuity to prevent additional impacts to either the stream channel or riparian buffers. Stringent sediment and erosion control measures should be implemented and installed prior to any land -disturbing activity. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills. Thank you for the opportunity to provide input for this project. If I can provide further assistance, please call (919) 707-0364 or email olivia.munzerAncwildlifL9M. Sincerely, Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program ec: Krysta Stygar, USFWS Alan Johnson, NCDWR Sue Homewood, NCDWR Byron Hamstead, USFWS