20080367 Ver 1_WRC Comments_20080307

North Carolina Wildlife Resources Commission 9
MEMORANDUM
TO: Amanda Jones, USACOE
Asheville Regulatory Field Office
FROM:
Cyndi Karoly, 401 Certification Unit
NC Division of Water Quality
Ron Linville, Regional Coordinator
Habitat Conservation Program
ra'
DATE
SUBJECT
March 4, 2008
R1R@[qflY@@
MAR 7 2008
S AWETLANDS AND STORMWATER BRANCH
Ken Gottfried's Smiles III - HC BBQ Restaurant, Unnamed Tributary Brushy
Fork Creek, DWQ No. 2008-0367, Watauga County
The applicant proposes to fill wetlands and "jurisdictional ditches" for a commercial
development. 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. 661-667d), the
Clean Water Act, and the North Carolina Environmental Policy Act (G. S. I I3A-1 through 1I3A-
10; NCAC 25).
The fill project is indicated to be necessary to develop the site into a BBQ restaurant with
associated customer parking. Impacts to jurisdictional waters are indicated to be 0.0643 acres of
wetlands and two (2) "jurisdictional ditches" that account for 270 linear feet of impacts.
Combined acreage of all impacts is indicated to be 0.643 acres of impacts. Wild Brown trout are
known for Brushy Fork and Linville Creeks.
Based on our review of the submittal, we will not object to the project providing the following
recommended conditions are followed and implemented:
1. In stream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the brown and brook trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Ken Gottfried's BBQ -Page 2 -
March 4, 2008
2. Stormwater management should be provided and is recommended to maintain pre
development hydrograph conditions. Information on LID practices can be found at
www lowimpactdcvclor)nicnt__Org, litter'w:c (a vi'owow/nRs/lidr'lidnatl.pdf and
http Ai"w w-storm atcr_centcr.nct . These strategies and control measures will
provide waters downstream with protection from pavement related stormwater surges
as well as reduce pollutant loads.
3. All remaining jurisdictional waters and wetlands should be buffered, either through
protection or provision of undisturbed forested buffer zones. Buffers should be
permanently preserved as common contiguous forest areas instead of being
subdivided. For streams that do not support federally listed threatened or endangered
aquatic species, we recommend 50' intermittent and 100' perennial stream buffers.
Maximum available buffers should be provided; however, the twenty-five (25) foot
trout buffer should be provided and remain undisturbed to the maximum extent
practicable.
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
5. 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 native herbaceous vegetation should be established on all
bare soil within five (5) days of ground disturbing activities in the twenty-five (25)
foot trout buffer to provide long-term erosion control. We encourage use of natural
fiber matting instead of plastic matting that easily entraps small animals. Disturbed
stream banks should be planted with autochthonous (native) plants like silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore, river birch, or other native woody species.
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: Sue Homewood, DWQ-WSRO