20071462 Ver 1_WRC Comments_20070709

~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
July 9, 2007
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Nationwide Permit Application for Batt Associates, Inc., Aaron Voight
Culvert in tributary to French Broad River
Buncombe County
Dear Ms. Beckwith and Mr. McMillan:
Wetland and Natural Resource Consultants requested on behalf of Mr. Aaron Voight of Batt Associates,
Inc. a letter of concurrence from the North Carolina Wildlife Resources Commission (Commission) for a
404 Permit from the U.S. Army Corps of Engineers (ACOE). Comments from the Commission are
provided under 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).
The project involves placing about 227 feet of culvert in a tributary of the French Broad River for a
commercial development. As stated in the application, the proposed development does not avoid impacts
to waters because it will fill the entire length of stream channel on the property.
The project will not harm trout.
Stormwater management is important with this project if it is built-out to 75% imperviousness. The
application indicates that stormwater treatment will include 85% TSS removal, but there appears to be
little room for a treatment facility. The development should be designed/redesigned to comply with the
water quality protection specifications outlined in Section 8.00 of the City of Asheville storm drainage
standards.
If the project is permitted, then the Commission recommends that the project:
1. Adhere to the Nationwide and Final Regional conditions (with exception of 1.2).
2. Comply with the water quality protection specifications outlined in Section 8.00 of the City of Asheville
storm drainage standards
3. Use and maintain effective sediment and erosion control measures during construction.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Voight Page 2 July 9, 2007
Buncombe
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Aaron Voight, Batt Associates
Mr. Kevin Barnett, NC Division of Water Quality