20071621 Ver 1_Other Agency Comments_20071010

~ North Carolina Wildlife Resources Commission ~
MEMORANDUM ~,I] (~, ~j
TO: Amanda Janes, USACOE p. ~ ~~' Q v '°' U
Asheville Regulatory Field Office `-~
~~~ .~ Q zoo?
FROM: Ron Linville, Regional Coordinator /~~ ALiTY
Habitat Conservation Program p~PIR - WAYS ~~~ReFtAN~
y,~~,AND3 p,'~Q STQCt
DATE: September 25, 2007
SUBJECT: Avery County Day Care, Unnamed Tributary (Susan's Branch) Elk River, Avery
County
The applicant proposes to develop and area outside the Town of Banner Elk. Biologists with the
North Carolina Wildlife Resources Commission are familiar with habitat values in the area.
These comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina
Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25).
The project will require installation of a 48" culvert in an unnamed branch for site access. The
perennial stream is indicated to be 18" wide. A fifty foot buffer is indicated to be maintained.
No wetland impacts are indicated. County funding is indicated. Stormwater management will
be provided for the 25-year storm event. Wild Brown trout are known for the Elk River.
Based on our review of the submittal, we will not object to the project as proposed providing the
following conditions are implemented:
In stream 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.
2. To the maximum extent practicable, culverts 48" or larger should be buried a foot
into the streambed. Culverts less than 48 inches in diameter should be buried to a
depth equal to or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. Aquatic life passage must be
assured during low flow or drought conditions. Any riprap used must not interfere
with aquatic life movement during low flows.
3. Remaining jurisdictional waters and wetlands should be buffered, either through
protection or provision of undisturbed forested buffer zones. Buffers should be
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Avery County Day Care -Page 2 - September 25, 200?
permanently preserved as common contiguous forest areas instead of being
subdivided into portions of individual lots. For streams that do not support federally
listed threatened or endangered aquatic species, we recommend 50' intermittent and
100' perennial stream buffers. Maximum available buffers should be provided;
however, the twenty-five (25) foot trout buffer should remain undisturbed to the
maximum extent practicable. Community walking trails may be placed in the buffer
zone providing they are kept away from streams to the maximum extent practicable
and the buffer widths do not exceed minimum width requirements specified in the
Americans with Disabilities Act (ADAj.
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
If any concrete will be used, work must be accomplished so that wet concrete does
not contact stream water.
6. 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.
7. Temporary or permanent native herbaceous vegetation should be established on all
bare soil within five (Sj days of ground disturbing activities in the twenty-five (25)
foot trout buffer to provide long-term erosion control. We encourage use of fiber
matting. Restored streams and stream banks should be planted with autochthonous
(native) plants like silky dogwood, rhododendron, dog hobble, red maple, silky
willow, tag alder, black willow, sycamore, river birch, or other native woody species.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at 336/769-9453.
E-copy: Kevin Barnett, DWQ-ARO