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HomeMy WebLinkAbout20071157 Ver 1_Other Agency Comments_20070730~! tL ,,~ a ~ 't l 1 s ~ North Carolina V~ildlife Resources Commission ~ Richard B. Hamilton, Executive Director MEMORANDUM TO: Cyndi Karoly, NC Division of Water Quality ~ ~'~~-? r: ~ a~ 401 Oversight & Express Permits Unit ~ ~ t ~ ~,,~ FROM: Ron Linville, Regional Coordinator /~ `~'' ~ ~ ~~ % ~ ~ j Habitat Conservation Program Jt'E~'l np (} ` k;.ib'D' rr)75,~;a,`,~ r ~F? ~R/i.~dCFi DATE: July 16, 2007 SUBJECT: New Birth Church Site, DWQ #: 20071151, Action ID: 200530885, Mecklenburg County The applicant is requesting a 401 certification from the NC Division of Water Quality and 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 ofthe 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. 661~67d). The project is to increase access impacts previously proposed for the site from 147 linear feet to 185 linear feet. Stormwater controls are being required by the Town of Huntersville. Our evaluation of the site did not deternune that listed species are present in the area; however, listed species are known for the watershed. Downstream watersheds support the Carolina creekshell, Villosa vaughaniana (NCE, FSC) and the Carolina darter, Etheostoma collie (NCSC, FSC). Raman Creek is indicated to be ten (10) feet wide at the crossing. Raman Creek is a warm water stream ecosystem. Based on the information provided by the applicant and our knowledge ofthe project location we offer the following stewardship recommendations for the project: 1. Mitigation for unavoidable jurisdictional impacts should be provided. Mitigation should occur within the same vicinity as the impacts if practicable. 2. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 3. Bridges are recommended for all permanent roadway crossings of streams, floodplains and associated wetlands to eliminate the need to fill and culvert active floodplains. Floodplain capacities and floodplain functions must be maintained with bridges and culverts. If culverts must be used, 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 is Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Faz: (919) 707-0028 New Birth Church -Page 2 - July 16, 2007 required. Widening of the stream channel at the inlet or outlet of structures should be avoided as this activity causes a decrease in water depth and velocity which results in sedimentation and reduction of aquatic passage. Flat concrete aprons between wing-walls must not be used. 12iprap must not be placed in the streambed. If multiple barrels are needed, base flow barrels must be installed as indicated above while any additional barrels should be placed so that their floors are located on the active bank full elevation. These bank full barrels must be connected to active floodplain benches to provide natural dimensions for the base flow channel with sufficient water depth during Iow 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, contains typical bed load materials, and provides resting areas for aquatic species. If multiple barrels are used, at least one pipe or barrel should be designed to remain dry with a floor material that is easily used by terrestrial wildlife for passage during dry periods. 4. In watersheds supporting federally listed threatened or endangered species, buffers should be minimum 100' for intermittent channels and 200' for perennial channels. In watersheds without listed species, these buffers should be minimum 50' and 100' respectively. Irregardless of site limitations, maximum available undisturbed buffers should be provided and protected. Buffers should be permanently preserved as common conservation areas instead of being subdivided into individual lots. Where practicable, impacted streams should be relocated using state-of--the-art natural channel design and native vegetation instead of being piped or otherwise destroyed. Disturbed banks should be restored to pre existing conditions using autochthonous plants. Banks can be revegetated with silky dogwood, red maple, silky willow, tag alder, black willow, sycamore, or other native woody species to provide long term bank stability and stream shading. Note that silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be ran~mly planted and done on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with an approved wetland seed mix or temporary crop of wheat or rye. Similar plant schedules may be applied providing the plants used are not invasive or non- native. 5. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds (15A NCAC 4B .0024). 6. Local utility authorities should keep sewer lines, water lines, and utilities, including stormwater facilities out of jurisdictional waters and riparian buffers. Utility lines should be located along the floodplain fringe whenever possible. We recommend stormwater management strategies that maintain pre development hydrograph conditions using dispersed measures throughout the church facility. These measures can reduce the amount of land dedicated to stormwater impoundments. If impervious area exceeds ten (10) percent, stormwater management strategies that maintain pre development hydrograph conditions are recommended. Information on LID practices and measures can be found at ~~_w~ _lol~~ini~actd~~~_e__1c~Pment org, l~t~:'/ia-~~~w e~~~~ `oti~~o~i =~51ici'lidnatl__~l'andlit~_ u~r~`~,stornni~ate~cente_r=ne_t;. 8. To reduce thermal impacts to waters, we recommend the provision of shade around stonnwater facilities using native plants (see attached). 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. Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations E-copy: Steve Chapin, USACOE - ARO Alan Johnson, DWQ-MRO New Birth Church -Page 3 - July 16, 2007 Piedmont Stormwater Pond and Mine Planting Recommendations Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be considered for lower elevation stormwater ponds and mine sites: Spring/Summer Mixture, May 1 -Sept. 15 FalUWinter Mixture, Sept. 15 - Apri130 Browntop millet 201bs/a Winter Wheat 1201bs/a Kobe lespedeza 20 lbs/a Kobe lespedeza. 201bs/a Shrub lespedeza 1 lb/a Shrub lespedeza 1 lb/a Switchgrass* S lb/a Switchgrass* S lb/ac Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live Seeds (PLS) per acre. * When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Sericea lespedeza. Although agriculturally used plants aze included herein, native plants and warm season grasses are preferred and recommended over exotic plants. Add one of the following to the above mixture: Creeping Red Fescue 5 lbs/acre Ladino Clover* * 5 lbs/acre Atlantic Coastal Panic Grass 5 lbs/acre (PLS) Alfalfa* * 5 lbs/acre (requires fertilizer containing Boron) ** Lime & fertilize disturbed areas acxording to NRCS soil test results and follow planting guidelines as appropriate and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing should be limited to late winter or early spring. Mowing should only occur a$ needed to prevent unwanted tree growth on a 2-3 year schedule. The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Gum American Holly Dogwood Hickory Sumac White Oak Willow Oak Red Maple** Viburnum Green Ash Ironwood Black Cherry Persimmon Water Oak Spice Bush Willow (sp) Serviceberry Red Oak Swamp Chestnut Silky Dogwood Other species may be utilized depending on site requirements and native plant availability. Pines* should not exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success rate is acceptable over five years. Lazge or fast growing trees like Sycamore and Maple** may not be appropriate near detention facility dams. Note: Non-native plants inched in this list are routinely considered beneficial and/or agriculturally established non-natives. They have been included as they are readily available commercially and they do not exhibit many of the negative attnbutes of other non-natives that tend to spread or inhibit native plant propagation and survival.