20051117 Ver 1_WRC Comments_20060321

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MAR 2 1 2006
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North Carolina Wildlife Resources Commission 9
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Todd Tugwell, Permit Coordinator, Raleigh Office
U. S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator ZWW
Habitat Conservation Program
DATE: March 17, 2006
SUBJECT: Action ID No. 200520968, Lissara Subdivision, Unnamed Tributary Yadkin River
(WS-IV), DWQ No. 051117, Forsyth County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers COE).
The NCWRC has reviewed information provided by the applicant and field biologists on our
staff are familiar with habitat values of the project area. These comments are provided in
accordance with 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 applicant still proposes to develop a ski lake on an unnamed tributary of the Yadkin River.
This agency previously commented on the project on September 19, 2005. The size of the lake
has been reduced by 33% surface area, the middle lake has been eliminated, and reportedly,
stormwater functions of an upper pond have been eliminated. Buffers along impoundment
shorelines and streams will be provided and protected using conservation easements and
neighborhood covenants.
Based on our knowledge of the project area and the information provided in the recent submittal,
we will not object to the project if the following conditions are implemented:
Minimum flow releases must be provided by design during construction and upon
project completion so that aquatic life impacts will be minimized below each dam.
The 7Q10 should be maintained at all times in perennial waters. Waters discharged
from the dams should be aerated to increase dissolved oxygen compliance with water
quality standards.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NU 27699-1 121
Telephone: [phone] - Fax: [phone]
Lissara Subdivision Ski Lake -Page 2 -
March 17, 2006
2. Conservation areas should be established and permanently preserved as common
buffers along streams and wetlands instead of being subdivided into individual lots.
We do not support the provision of tiered vegetated buffers. Buffers should be
undisturbed forested areas to help offset diminished wildlife habitats. Selective tree
removal may be accomplished providing the activity does not clear cut or
substantially reduce habitat values. Previously, minimum fifty (50) foot intermittent
and one hundred (100) foot perennial stream buffers were recommended by this
agency. Regardless, undisturbed forested contiguous buffers should be maintained
or restored to the maximum extent practicable. Buffer averaging may be considered
providing contiguous habitats are provided.
4. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Sediment and erosion control measures need to
adhere to the design and maintenance standards for sensitive watersheds (15A NCAC
4B .0124).
NC Division of Land Resources dam safety requirements must be met.
6. We do not support funneling funds to the Ecosystem Enhancement Program (EEP)
when the EEP may not use those funds within the same basin. Accordingly,
stipulations are recommended to ensure use of these funds nearby. Alternatively, the
provision of nearby restoration using state-of-the-art natural channel design and
restoration techniques should be evaluated thoroughly prior to conveying funds to
EEP.
7. Considering the revised project modifications, our recommendations of September
19, 2005 should be incorporated into the permit as appropriate and feasible.
The COE has considerable expertise and knowledge with which to evaluate site conditions and
habitat recommendations. Accordingly, we ask the COE to incorporate NCWRC
recommendations where appropriate and possible for this project.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 3361769-9453.
Ec: Cyndi Karoly, DWQ
Daryl Lamb, DWQ-WSRO
Becky Fox, EPA