20081001 Ver 1_WRC Comments_20080715

® North Carolina Wildlife Resources Commission
July 15, 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: Nationwide Permit Application for Lok K. Kong, M.D.
Kong's development, ponds in wetlands along UT Nottely River, Cherokee County
DWQ No. 08-1001
Dear Ms. Beckwith and Ms. Karoly:
Lok K. Kong, M.D. requested a letter of concurrence from the North Carolina Wildlife Resources Commission
(Commission) for a 404 Permit. I visited the project site on July 11, 2008. Comments from the Commission are
provided under 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).
Dr. Kong enlarged two ponds in wetlands along a tributary to the Nottely River near the Ranger community in
Cherokee County. This caused about 0.21 acre of wetland fill. The wetlands on the property have been
disturbed by logging several years ago, but the herbaceous vegetation that has succeeded is good habitat for
birds, mammals, and amphibians. Wildlife observed during the site visit included rabbit, deer, and quail.
The project probably did not harm trout.
Before authorizing this project, the Commission recommends assessing whether completion of the residential
development will impact more streams and wetlands. First, development of lots 108 through 113 would require
crossing the stream for access. The applicant may intend to use a shared road where there currently is an
existing, partially blocked culvert that was probably used during logging of the area (Figure 1). If so, then
improvements to this crossing may be necessary. Further, the area along the creek in the vicinity of lots 106,
104, and 56 had pockets of standing water and extensive hydrophilic vegetation. This area may constitute
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Kong Page 2 July 15, 2008
Cherokee
wetlands that would require some filling to develop those lots. A wetland delineation of the property may be
necessary to confirm or dismiss this based on soil conditions.
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: Ms. Linda Wiggs, NC Division of Water Quality
Lok K. Kong, M.D.