20140710 Ver 2_WRC Comments_20150421

0 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: David E. Bailey, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
FROM: Shari L. Bryant, Western Piedmont Coordinator
Habitat Conservation
DATE: 21 April 2015
SUBJECT: Public Notice for HDC- Wendover- Greensboro Partners, LP for Phase II of Wendover
Commons, Guilford County, North Carolina. Corps Action ID 4: SAW - 2013 -01863
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document. Our comments are provided in accordance with provisions of the Clean Water Act of
1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661- 667e), and
North Carolina General Statutes (G. S. 113 -13 1 et seq.).
The applicant proposes to discharge fill material into 0.571 acre of riparian, non - riverine wetlands to
construct a fitness center and parking lot. Phase I of the project included impacts to 0.464 acres of wetlands
and 274 linear feet of jurisdictional stream channel. The applicant proposes to place a conservation easement
on the adjacent 1.01 acre tract that includes 0.132 acres of adjoining wetlands and 88 linear feet of stream
channel with an associated buffer. Also, an approximately 30 acre parcel down gradient in the site's
watershed will remain in a protected easement. The stormwater pond for the facility has been designed in
non - jurisdictional areas of the site. Impacts to the wetlands will be compensated through mitigation payment
to the N.C. Ecosystem Enhancement Program; a 2:1 mitigation ratio is proposed for the wetland impacts
associated with Phase II.
Bull Run in the Cape Fear River basin flows through the site. The U.S. Fish and Wildlife Service
recently listed the Northern long -eared bat (Myotis septentrionalis) as threatened under the Endangered
Species Act. The Northern long -eared bat may be present within or in the vicinity of the project site.
Therefore, the project may impact this species and consultation with the U.S. Fish and Wildlife Service may
be required. For more information, please see
htta:// www.fws.L,ov /midwest/endanLered/ mammals /nleb /Interim4dRuleKevNLEB.html or contact the U.S.
Fish and Wildlife Service at (919) 856 -4520 to ensure that any issues related to this species are addressed.
We hesitate to concur with the filling of wetlands due to their wildlife habitat value and the well -
known beneficial functions they provide for flood control and water quality protection. In addition, changes
in land use and increases in impervious surfaces may exacerbate channel degradation and sediment impacts
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721
Telephone: [phone] • Fax: [phone]

Page 2
21 April 2015
Wendover Commons — Phase II
Corps Action ID No.: SAW - 2013 -01863
to stream ecosystems due to increased stormwater runoff and elevated flooding. Pollutants (e.g., sediment,
heavy metals, pesticides, and fertilizers) washed from roads and developed landscapes can adversely affect
and extirpate species downstream.
We are pleased to see the applicant is proposing to place a conservation easement on the adjacent
1.01 acre tract and a 30 -acre parcel downstream of the site will remain in a protected easement. Protecting
these sites will help minimize impacts to aquatic and terrestrial wildlife resources. Should the permit be
issued, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife
resources.
For undisturbed streams and wetlands, maintain a 100 -foot undisturbed, native, forested buffer along
perennial streams, and a 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. In addition,
wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants
associated with stormwater runoff.
2. Stormwater management structures should be designed to mimic the hydrograph consistent with an
impervious coverage of less than 10 %. Structures should be located outside of riparian buffers. For
stormwater treatment ponds, trees and shrubs should be planted around the pond, excluding the dam.
This would provide habitat benefits that offset those functions lost by development, partially restore
aquatic habitats, reduce exposure of the water surface to sunlight to minimize thermal pollution, and
provide essential summer and winter habitats.
3. Use landscaping that consists of non - invasive native species and Low Impact Development (LID)
technology. Using native species instead of ornamentals should provide benefits by reducing the need
for water, fertilizers, and pesticides. Using LID technology in landscaping will not only help maintain
the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of the site.
4. Sediment and erosion control measures should be installed prior to any land clearing or construction.
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. These measures should be routinely inspected and properly
maintained. Excessive silt and sediment loads can have numerous detrimental effects on aquatic
resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic
species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at (336) 449 -7625 or shari.bryant(a)ncwildlife.org.
ec: Sue Homewood, NCDWR (DWR ID: 20140710, Version 2)
Kathy Matthews, USFWS