20061901 Ver 2_WRC Comments_20080222

® North Carolina Wildlife Resources Commission
February 22, 2008
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mr. Robert Richey, Versant Properties, LLC Nationwide Permit Application
Versant subdivision, Buncombe County
DWQ No. 06-1901 V2
Dear Ms. Beckwith and Ms. Karoly:
Mr. Robert Richey of Versant Properties, LLC requested a letter of concurrence from the North Carolina
Wildlife Resources Commission (Commission) for a 404 Permit. The project site was visited by Commission
staff on February 6, 2007. Comments from the Commission are provided under provisions of the Clean Water
Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
The project originally involved a proposal to fill and flood 1,253 feet of streams and 0.406 acres of wetlands for
three ponds and roadway culverts in the 397-acre Versant subdivision near Woodfin. Several culverts for the
roads were installed and the wetland near the guardhouse was cleared and graded before permits were received.
The application for those impacts was withdrawn and the applicant now wants to flood and fill 0.145 acres of
wetlands and 273 feet of unnamed tributaries to Beaverdam Creek for roadway crossings and one pond.
The project did not/should not harm trout.
If this project is permitted, then the Commission can concur if the following conditions are attached to help
conserve aquatic habitats:
1. The project impacts are mitigated consistent with the April 2003 Stream Mitigation Guidelines.
2. The Nationwide and Final Regional Conditions, with exception of 1.2, are adhered to.
3. Sediment and erosion control measures are used before construction and maintained until all disturbed
soils are permanently stabilized. Any bare soils are seeded as soon as possible after disturbance. Tall
fescue is not used along streams.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Versant Page 2 February 22, 2008
Buncombe
4. Excavation and fill is avoided in flowing water. Stream flow is temporarily routed in pipe around or
through the pond during its construction.
5. Trees are planted around any ponds to shade them and help maintain cool temperatures. Trees are not
planted on dams because this can weaken them.
6. A sleeved standpipe is used to draw outflow water from near the bottom of any ponds. Cold water intakes
should be within 1-2 feet of the bottom of the lake or pond bed, but not on the bottom. This design will
improve water quality in impoundments. The easiest way to accomplish a near-bottom outflow is to place
a larger pipe (i.e. shroud or sleeve) over the standpipe so that water flows up through the bottom of the
larger pipe and then down through the outlet pipe (see inset).
pond surface
outflo vk- water inflow
pond bottom
Thank you for the opportunity to review and comment on this project. The Commission may inspect the work
site during or after construction. If there are any questions regarding these comments, please contact me at
[phone] extension 24.
Sincerely,
Dave McHenry
Mountain Region Coordinator,
Habitat Conservation Program
cc: Mr. Robert Richey, Versant Properties, LLC
Mr. Kevin Barnett, NC Division of Water Quality, Asheville