20050666 Ver 1_NCNHP Comments_20050719

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North Carolyn ~CD~~~
a Department of Environment and Natural Resources
Michael F. Easley, Governor
'"" ~iW~' f' Ross Jr., Secretary
16 May 2005 ~ ~ ~ ~~ yid ~~
Ms. Amanda Jones
US Army Corps ofEngineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
RE:
MAY 2 0 2D05
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~~ JUL 1 9 2005
DWQ Permit Application #050666: General Growth properties and Childre - WgTER QUgtITY
Properties -The Bridges at M"rnt Hill, Mecklenburg County, NC ~~ STpR~gTER BRq~H
Ms. Jones:
While the North Carolina Natural Feritage Program (NC NHP) does not normally review 404/401
Permit applications, it has come to our attention that perait #050666 is under review by the US
.Army Corps of Engineers (US ACE) for a development called "The Bridges at Mint Hill" in the
Goose Creek watershed in Mecklenburg County.' The project will be a large mall on the
headwaters of Goose Creek, and it will cause impacts to several tributaries to Goose Creek as well
as Goose Creek itself This project has the potential to si
aquatic species, including the feller-al and state endangered Cal-olinaph~IsPlitterd(La, ~ goy
decorates), the federal species of concern and state endangered Carolina creeksheIl (Yillosa
vesughanianes)' and the state sP~al concern Notched rainbow (Yillosa constric~a). In addition,
Goose Creek is considered an Aquatic Significant Natural Heritage Area of national significance
by the NC NHP, primarily because of the outstanding resource values in the watershed.
The application claims to "demonstrate an overwhelming compliance with the Noah C
Wildlife Resources Commission's Guidance Memorandum to Address and Mrtigate Secondary and
Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality." However,
NC NHP is concerned about the adequacy of proposed riparrarx buffers and stormwater
management, and we are concerned about direct and indirect impacts to the Carolina heelsplitter
and its habitat in the Goose Creek watershed resulting from construction of the proposed project.
First of all, the applicant states that the proposed plan wiII comply with the Draft Mint HiII Water
Quality Design Manual. Where can we get a copy of this manual?
manual been officiall ado tell? Have the measures in this
y P NC NHP would like to see specific details on stormwater control
measures, specifically with regards to impervious surface Limits and whether existing hydrographic
conditions will be maintained. We are especially concerned about ancillary development that will
result from the ~ mall being built, and we would like more reformation about what protective.
rrreasures are currently being enforced in the Goose Creek watershed: .
1601 MaiE Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Infeme~ www.enr.state.nc.us/EN N°I~1CaI'°IIIIa
An Equal Opportunity /AfFirmativeAc6on Employer- 50 % Recycled 110 °k Post Consumer Paper
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Secand, it is unclear what buffers will be enforced along Goose Creek and its tn~butaries_ It does
not appear that the applicant intends to follow WRC's guidance for waters that support federally
endangered species, specifically, 200-foot native, forested buffers on perennial streams and 100-
foot native; forested buffers on intermittent streams. If buffers are. less than WRC's
recommendation, how is the aquatic habitat protected? Are there any uses allowed in the buffers.?
If so, what are they?
Third, the application indicates that utility Lines will cross Goose Creek using the open cut method.
To avoid direct impacts, we strongly recommend the directional bore stream crossing method, and
if this is not possible, we recommend that aquatic surveys be conducted in consultation with the
NC WRC and the US Fish and wildlife Service. Furthermore, NC NHP is concerned about water
and sewer utility Lines, and where they will be installed within the watershed. We are concerned
that these lines could violate the moratorium restrictions detailed in the Iriterbasin Transfer
Certificate issued by the Environmental Management Commission,
Based on the current application, the impacts to the federally endangered Carolina heelsplitter do
not. appear to be adequately mitigated. NC NHP strongly encourages the US ACE to obtain
clarification on these issues before the issuance of a permit.
Please Let me know if I can provide more information. The North Carolina Natural Heritage
Program looks forward to a collaborative effort to help protect the State's natural diversity. If I
can be of assistance, please do not hesitate to call me at 919-71 S-I 751.
Thank you for your time and consideration.
Sincerely,
Sarah E. McRae
Freshwater Ecologist
NC Natural Heritage Program
Cc via email: Ron Linville, NC WRC
John Fridell, US FWS