20071431 Ver 2_WRC Comments_20080421

RE: 071431 E-31 Elementary School
Subject: RE: 071431 E-31 Elementary School
From: "Shari Bryant" <bryants 5 @earthlink. net>
Date: Mon, 21 Apr 2008 13:42:24 -0400
To: <[e-mail]>
CC: "'Suiter, Dale"' <[e-mail]>, <[e-mail]. mil>, "'Nichols, Rob"'
<rob. nichols@ncwildlife. org>
Lia,
As I mentioned on your voicemail, our staff did not find suitable habitat for dwarf wedgemussel at or near the
site. Therefore, we do not feel an aquatic survey is needed. I don't know the status of the permit, but if it has
not been issued yet, attached are our revised (and final) comments. Basically, I removed only the aquatic
survey paragraph and recommendation (#1) from our comments. Since dwarf wedgemussels have been found
downstream of the project, we still feel protecting wide riparian buffers and managing stormwater and sediment
is important to protect their habitat downstream.
If you have any questions, please contact me.
Shari L. Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, NC 27342-0129
336.449.7625
bryantsS(a)-earthlink. net
-----Original Message-----
From: Shari Bryant [ ma ilto: brya nts5@earth link. net]
Sent: Wednesday, April 16, 2008 4:54 PM
To: '[e-mail]'
Cc: 'Suiter, Dale'; '[e-mail]'; 'Nichols, Rob'
Subject: 071431 E-31 Elementary School
Lia,
Thank you for discussing this project with me earlier today. As we discussed, I am submitting our
comments to you now to ensure we meet the commenting deadline for this permit. I have attached a
signed copy (pdf) and a word document for your convenience.
Also, as we discussed, based on the information available and the time constraints of the express
permit, I have requested an aquatic survey. Once our staff has the opportunity to determine whether
suitable habitat for dwarf wedgemussel is found within the site boundaries, either I or one of our staff will
contact you to let you know whether or not we still feel an aquatic survey is needed.
I have copied Jamie Shern (USACE) and Dale Suiter (USFWS) so they are aware of our comments on
this project.
Also, for clarification, our staff will not be conducting an aquatic survey. Basically our staff will
determine whether suitable habitat exists for dwarf wedgemussel at the site. If suitable habitat exists,
then we will request the applicant conduct an aquatic survey. If suitable habitat does not exist, then no
aquatic survey will be necessary.
Should an aquatic survey be conducted and dwarf wedgemussel are found within the site boundaries,
then this will require coordination with the U.S. Fish and Wildlife Service to develop measures to avoid
impact to the species. In the past, this has included use of directional bore or relocation of mussels, but
may include other measures.
Thanks again for your help. Please contact me if you have any questions.
1 of2 4/21/2008 1:48 PM
RE: 071431 E-31 Elementary School
Shari L. Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, NC 27342-0129
336.449.7625
[e-mail]
WRC_071431 E31 Elem_final.pdf Content-Type: application/pdf
Content-Encoding: base64
2 of 2 4/21/2008 1:48 PM
® North Carolina Wildlife Resources Commission
MEMORANDUM
TO: Lia Myott, 401 Oversight and Express Permits Unit
Division of Water Quality
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 21 April 2008
SUBJECT: Pre-construction Notification Application for Wake County Public School System, E-31
Elementary School, Wake County, North Carolina. DWQ ID: 07-1431.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document. Our comments are provided in accordance with provisions of the Clean Water Act of
1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d),
North Carolina General Statutes (G.S. 113-131 et seq.), and North Carolina Administrative Code 15A
NCAC 101.0102.
The applicant proposes to impact 0.15 acre of wetlands and 90 linear feet of perennial stream
channel for utility installation for a proposed elementary school. Proposed construction of the elementary
school and associated facilities will result in approximately 18% impervious surface. The applicant
proposes a bioretention pond for stormwater management. Based on information provided in the
application, it appears a 50-foot riparian buffer will be maintained.
The proposed project will impact an unnamed tributary to Mahlers Creek. Mahlers Creek is a
tributary to Swift Creek in the Neuse River basin. There are records for the federal and state endangered
dwarf wedgemussel (Alasmidonta heterodon); the federal species of concern and state endangered yellow
lance (Elliptio lanceolata) and Atlantic pigtoe (Fusconaia masoni); and the state threatened triangle
floater (Alasmidonta undulata), Roanoke slabshell (Elliptio roanokensis), creeper (Strophitus undulatus),
and eastern lampmussel (Lampsilis radiata radiata) in Swift Creek.
The area is experiencing rapid urban growth and we are concerned about the cumulative impacts
of development on dwarf wedgemussel downstream of the project. Changes in land use from a primarily
forested area to an urban landscape may exacerbate channel degradation and sediment impacts to stream
ecosystems due to increased stormwater runoff and elevated flooding. In addition, pollutants (e.g.,
sediment, heavy metals, pesticides, and fertilizers) washed from roads and urban landscapes can adversely
affect and extirpate species downstream of developed areas. Due to the presence of dwarf wedgemussel
downstream of the project site, we recommend the following conditions be incorporated into the permit to
further minimize impacts to this species and to aquatic and terrestrial wildlife resources in general.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
TilPnhnne- (919) 707-0??0 9 FnX- (919)7(17-00?R
Page 2
21 April 2008
E-31 Elementary School
DWQ ID: 07-1431
Maintain a 200-foot undisturbed, native, forested buffer along perennial streams, and a 100-foot
buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these
areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic
habitat both within and downstream of the project area. In addition, wide riparian buffers are helpful
in maintaining stability of stream banks and for treatment of pollutants associated with stormwater
runoff. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the
necessary and highly valuable functions as discussed for forested buffers.
2. All remaining wetlands and streams on the site should be protected from additional impacts by
placing them in a permanent conservation easement to prohibit filling, draining, flooding, and
excavation.
3. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the
need to fill and culvert, where practicable. If culverts must be used, the culvert should be designed to
allow passage of aquatic organisms.
4. New developments exceeding 6% imperviousness should include stormwater controls designed to
replicate and maintain the hydrographic condition at the site prior to the change in landscape.
5. Locate sewers and other utilities as far away from streams as functionally possible and minimize
stream crossings. It is preferable that sewers be located outside the riparian buffers as detailed in # 1.
6. Use landscaping that consists of non-invasive native species and Low Impact Development (LID)
technology. Using native species instead of ornamentals should provide benefits by reducing the
need for water, fertilizers, and pesticides. Using LID technology in landscaping will not only help
maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of
the site.
7. Sediment and erosion controls measures should be installed prior to any land clearing or construction.
These measures should be routinely inspected and properly maintained. Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at [phone].
cc: Jamie Shern, USACE
ec: Dale Suiter, USFWS
Rob Nichols, WRC