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HomeMy WebLinkAbout20201288 Ver 2_WRC Comments_20231107Q North Carolina Wildlife Resources Commission 9 Cameron Ingram, Executive Director Via email 07 November 2023 Ms. Jennifer Robertson Atlas Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211 SUBJECT: Pre -Construction Notification for the North Creek Village Phase 2 in Huntersville, Mecklenburg Counties, North Carolina. USACE Action ID: SAW-2008-02707; DEQ No. 20201288v2. Dear Ms. Robertson, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. Comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended) and Fish and Wildlife Coordination Act Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). On behalf of Magnolia Huntersville II LLC, Atlas Environmental Inc. has submitted a Pre -Construction Notification (PCN) application for the North Creek Village Phase 2 located at 17705 Davidson -Concord Road, Huntersville in Mecklenburg County, North Carolina. The project involves the development of single-family homes, multi -family apartment homes, and commercial developments. Ramah Creek and its unnamed tributaries flow through the site. Ramah Creek in the Yadkin -Pee Dee River Basin is classified as a Class C stream by the NC Division of Water Resources. The applicant requests to permanently impact 663 linear feet of streams and temporarily impact 17 linear feet of streams. NCWRC has records of the state special concern Carolina darter (Etheostoma collis) and timber rattlesnake (Crotalus horridus), and state significantly rare northern oak hairstreak (Satyrium favonius ontario) near the site. The lack of records from the site does not imply or confirm the absence of federal or state -listed species. An on -site survey is the only means to determine if the proposed project may impact federal or state rare, threatened, or endangered species. The U.S. Fish and Wildlife Service lists the federally and state endangered Schweinitz's sunflower (Helianthus schweinitzii) and Michaux's sumac (Rhus michauxii); proposed endangered tricolored bat (Perimyotis subflavus); threatened smooth coneflower (Echinacea laevigata); and candidate monarch butterfly (Danaus plexippus) as having potential to occur within the project area if suitable habitat occurs. We recommend contacting the U.S. Fish and Wildlife Service to ensure that any issues related to these species are addressed. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 07 November 2023 North Creek Village Phase 2 USACE Action ID: SAW-2008-02707 NCWRC has concerns for the impacts the project will have on aquatic resources, not only the direct impacts, but also the potential for an increase in sedimentation and erosion. Placing fill in aquatic resources can alter hydrology, result in significant negative impacts to downstream areas, and eliminate aquatic and terrestrial wildlife habitat. Additional impervious surface results in an increase in stormwater runoff that can exert significant impacts on stream morphology. This will cause further degradation of aquatic habitat through accelerated stream bank erosion, channel and bedload changes, altered substrates, and scouring of the stream channel. In addition, pollutants (e.g., sediment, heavy metals, pesticides, and fertilizers) washed from developed landscapes can adversely affect and extirpate species downstream. We offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources: 1. We recommend the applicant further reduce impacts to streams and wetlands. One suggestion is the applicant use an underground stormwater detention system to allow more space for design layout changes to reduce impacts to streams. 2. Maintain a minimum 100-foot native, undisturbed forested buffer along each side of perennial streams and 50-foot native, undisturbed forested buffer along each side of intermittent streams and wetlands. a) The culvert must be designed to allow for aquatic life and fish passage. Generally, the culvert or pipe invert should be buried at least 1 foot below the natural streambed (measured from the natural thalweg depth), except if slopes of culverts are greater than 2% due to concerns of headcutting. If multiple barrels are required, barrels other than the base flow barrel(s) should be placed on or near stream bankfull or floodplain bench elevation (similar to Lyonsfield design). These should be reconnected to floodplain benches as appropriate. This may be accomplished by utilizing sills on the upstream and downstream ends to restrict or divert flow to the base flow barrel(s). Silled barrels should be filled with sediment so as not to entrap wildlife or support mosquito breeding conditions. Sufficient water depth should be provided in the base flow barrel(s) during low flows to accommodate fish movement. If culverts are longer than 40-50 linear feet, alternating or notched baffles should be installed in a manner that mimics existing stream pattern. This should enhance aquatic life passage: 1) by depositing sediments in the barrel, 2) by maintaining channel depth and flow regimes, and 3) by providing resting places for fish and other aquatic organisms. In essence, base flow barrel(s) should provide a continuum of water depth and channel width without substantial modifications of velocity. b) If multiple pipes or cells are used, at least one pipe or box should be designed to remain dry during normal flows to allow for wildlife passage. c) Culverts or pipes should be situated along the existing channel alignment whenever possible to avoid channel realignment. Widening the stream channel must be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. d) Riprap should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be professionally designed, sized, and installed. 4. Native plants should be used for seeding disturbed areas. Avoid using Bermudagrass, redtop, tall fescue, and lespedeza, which are invasive and/or non-native. A list of alternatives to non-native species has been attached. A grain, such as oat, wheat, or rye can also be used for temporary cover and native seed mixes for permeant seeding. We recommend planting native, wildflower seed mixes that will create pollinator habitat within the project boundary. Avoid using invasive, non-native plants in seed mixtures or landscaping plants (hqp://www.ncwildflower.ora/plant galleries/invasives_list). Page 3 07 November 2023 North Creek Village Phase 2 USACE Action ID: SAW-2008-02707 5. Stringent sediment and erosion control measures should be implemented and installed prior to any land -disturbing activity. Incorporate the following elements into erosion and sediment control plans: minimize clearing and grading, protect waterways, phase construction for larger construction sites (>25 acres), stabilize soils as rapidly as possible (<2 weeks), protect steep slopes, establish appropriate perimeter controls, employ advanced settling devices, implement a certified contractors program, and regularly inspect erosion control measures. Ensure all silt fencing is removed once vegetation has reestablished and soils have stabilized. 6. Conduct tree clearing outside the activity period for tricolored bats (April 1 to November 14). 7. Erosion control matting made of plastic mesh or twine should not be used within the project area because it can injure or kill wildlife. Thank you for the opportunity to provide input for this project. If I can provide further assistance, please call (336) 336-0074 or email olivia.munzer(c-r�,ncwildlife.org. Sincerely, 0_� Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program Ec: Doug Perez, USACE Andrew Pitner, NCDWR Byron Hamstead, USFWS RECOMMENDED NATIVE ALTERNATIVES FOR NON-NATIVE GRASSES IN NORTH CAROLINA" (Species are appropriate for all geographic regions unless otherwise indicated) NON-NATIVE SPECIES NATIVE SPECIES Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Crownvetch Switchgrass Panicum virgatum Centipede Beaked panicgrass Panicum anceps Bermuda Purpletop Tridens flavus Roundheaded bushclover Lespedeza capitata Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata Big bluestem Andropogon gerardii Little bluestem Schizachyrium scoparium Indiangrass Sorghastrum nutans Switchgrass Panicum virgatum Kentucky bluegrass Beaked panicgrass Panicum anceps Tall fescue Purpletop Tridens flavus Sudangrass Broomsedge Andropogon virginicus Deer tongue Dicanthelium clandestinum Canadian wildrye Elymus canadensis Virginia wildrye Elymus virginicus Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata Switchgrass Panicum virgatum Splitbeard bluestem Andropogon ternarius Sericea lespedeza Beggarlice Desmodium spp. Kobe lespedeza Deer tongue Dicanthelium clandestinum Sensitive partridge pea Chamaecrista nictitans Partridge pea Chamaecrista asciculata NC Native Plant Recommendations **A recommended revegetation/stabilization mix would ideally include a combination of the species listed in this table. In addition, please note that additional consideration may be needed in areas that are (highly) erodible and/or have sloped terrain. The following species could be included in all regions for additional stabilization and wildlife benefit: Black-eyed susan: Plains coreopsis: Lance -leaved coreopsis: Narrow -leaved sunflower: Created October 2018 Rudbeckia hirta Coreopsis tinctoria Coreopsis lanceolata Helianthus angustifolius