20061328 Ver 3_WRC Comments_20080130

3
~ North Carolina Wildlife Resources Commission ~
MEMORANDUM
TO
FROM
Steve Chapin, USACOE
Asheville Regulatory Field Office
Cyndi Karoly, 401 Certification Unit
NC Division of Water Quality
Ron Linville, Regional Coordinator !~
Habitat Conservation Program
Q~~~oer~G
JAN 3 0 2008
DATE
SUBJECT
January 22, 2008
DEN~i - tNA'fFR QUALITY
NIETLANDS AND 5T(~h1W,4TER BRANCk
Jefferson Capital Improvements Project -Phase II, Unnamed Tributary McAlpine
Creek, Mecklenburg County
The applicant proposes to upgrade existing culverts and provide dam maintenance to alleviate
property flooding. 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. b61-
667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC
25).
The publicly funded project(s) will involve Nationwide Permits (NWP) for multiple impacts to
four (4) jurisdictional streams and five (5) jurisdictional open waters. The project(s) are
indicated as needed to resolve flooding problems to private properties associated with undersized
piping and poorly maintained dams. These activities appear to involve privately
owned/developed driveway culverts and privately owned/developed impoundments.
Our review of the project area did not determine that any listed or rare species are known for the
area; however, a wading bird rookery is known for an area just north of the project. It is likely
that urbanization has diminished use of the area by many wildlife species. Based on our in-
office review, we are concerned about what appears to be a departure from restoring streams and
habitat values during local stream repair projects, especially in areas that have been heavily
impacted by private property issues. In our view, retrofits intended to resolve poor development
practices should be accomplished using private funds instead of using public stream
enhancement/restoration funds that should be used primarily on publicly owned or controlled
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Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Jefferson CIP -Phase II -Page 2 - January 22, 2008
lands. If public monies
buffer areas should be
landscape activities.
will be used, conservation easements for the affected properties and
forthcoming to permanently protect these projects and associated
If the US Army Corps of Engineers and the NC Division of Water Quality decide to permit and
certify the project{s), we offer the following recommendations:
Where public funds are used, buffer areas and floodplains should be enhanced and
restored to more natural wildlife habitats the maximum extent practicable. This
naturalization should help retain stormwater and help reduce flooding issues
downstream. These areas should be conveyed to the public or permanently preserved
through enforceable conservation easements. Maximum available undisturbed
forested buffers should be protected and maintained as wildlife habitats and riparian
zones.
2. Stormwater retrofits upstream should be provided. Where impervious area exceeds
ten (10) percent, stormwater management strategies that restore pre development
hydrograph conditions are recommended for the project(s) and headwater areas.
Information on LID practices can be found at www=lc~wimpactdev~lg~ment.c~r~,
httJ~:?'!w~~ti~_.e~a. Gov ~oy~o~~ /n~c'lid,!lidnatl.~df and http _/___w~v«~.stormwatcrcente.r.neti:.
3. Project biologists should evaluate ecosystem and habitat conditions at the rookery
(Special Habitat # 1401504) indicated above and determine if additional protections
can be provided (possible mitigation). If no additional protection measures such as
improved buffers, additional native plantings, or site management can be provided at
the rookery, project proponents should determine if habitats for wading birds can be
improved along the involved stream segments and at the five (5) impoundments
associated with this project(s). The inclusion of littoral shelves and autochthonous
plants may improve habitat values and help reduce downstream flooding.
4. Bridges are recommended for all permanent crossings of streams, floodplains and
associated wetlands to eliminate fill impediments along active streams and in
floodplains. Floodplain capacities and floodplain functions should be restored by
using bridges that allow improved floodplain access by flood waters. If culverts must
be used, culverts should be designed and constructed to ensure passage of storm
events and passage of aquatic organisms during low flow conditions. Culverts should
be as short as possible and culverts should not be used for non essential or non linear
crossing purposes. Culverts 48" diameter or larger must be buried at least a foot
(12") below the streambed. Culverts less than 48" diameter must be buried to a depth
equal to or greater than twenty (20) percent of their diameter. Depth of burial must
be based on the stream's natural thalweg depth. Culverts should be aligned and
situated so that no channel realignment or widening is required unless such
modification will improve natural conditions. Widening of the stream channel at the
inlet or outlet of the culvert structure causes a decrease in water depth and velocity
causing sedimentation impacts and reduction of aquatic passage. Piping should be
large enough to prevent high velocity erosion (faucet effect) on the downstream end

Jefferson CIP -Phase II -Page 3 -
January 22, 2008
and erosive swirling on the upstream end. Flat concrete aprons between wing-walls
must not be used. Riprap must not be placed in the streambed unless absolutely
necessary and if used in channel, it must provide natural channel dimensions. If
multiple barrels are needed, base flow barrels must be installed as indicated above
while additional barrels should be placed with floors located at the active floodplain
or bank full elevation. These elevated barrels must be connected to the active
floodplain or bank full benches to ensure natural stream dimensions for the base flow
channel with sufficient water depth during low flows and drought conditions to
accommodate normally anticipated aquatic movement. If culverts are long and/or
sufficient slopes exist, alternating baffles should be provided in the base flow barrel
in a manner to conform to channel bends upstream and downstream, to mimic natural
meanders, to prevent upstream scour and downstream deposition, to move and
contain typical bed load materials, and to provide resting areas for aquatic species.
When multiple barrels are used, at least one barrel should be designed and
constructed with a floor material easily used for terrestrial wildlife passage. Plastic
pipes should be corrugated (not smooth or slick} on the inside so that bed load
materials can easily establish and maintain natural substrates.
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 herbaceous vegetation should be established on all bare soil
within five (5) to ten (10) days of ground disturbing activities in the buffer zones to
provide long-term erosion control.
8. We encourage use of natural fiber matting instead of plastic fiber matting that entraps
small animals.
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: Allan Johnson, DWQ-MRO
Becky Fox, USEPA