20070525 Ver 2_WRC Comments_20080714

n North Carolina Wildlife Resources Commission 9
MEMORANDUM
Amanda Jones, USACOE D?/ n
TO:
Asheville Regulatory Field Office
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Cyndi Karoly, 401 Certification Unit DENR - WATER QDAUT,
NC Division of Water Quality WERANDSAND'TpRMWATERRRmCN
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: July 9, 2008
SUBJECT: Secret Springs (formally Indian Saddle) Subdivision Additional Jurisdictional
Impact Amendment, Martin Creek, DWQ No. 20070525x2, Avery County
The applicant proposes to develop a residential subdivision. 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) and the North Carolina Environmental Policy Act
(G.S. 113A-1 through 113A-10; NCAC 25).
The project will develop 104.37 acres into 49 duplex lots. The tributary will be crossed twice
using bridges. These impacts are believed to have been previously permitted; however,
additional impacts to wetland seeps for road construction increased the amount of impacts to
jurisdictional waters by 144 linear feet at three (3) locations. Wild Rainbow trout are known for
Martin Creek.
Based on our review of the submittal, we will not object to the project. For subdivision projects
with trout and jurisdictional waters present, we recommend the following:
1. Instream work and land disturbance within the 25-foot buffer zone should be
prohibited during the rainbow trout spawning season of January 1 through April 15 to
protect the egg and fry stages of trout.
2. 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 into portions of individual lots. For streams that do not support federally
listed threatened or endangered aquatic species, we recommend 50' intermittent and
100' perennial stream buffers. Maximum available forested buffers should be
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fag: [phone]
Secret Springs Subdivision Modification -Page 2 -
July 9, 2008
provided where practicable. Although not recommended, a walking trail may be
placed in the buffer zone providing it is kept away from streams to the maximum
extent practicable, it is pervious, and its width does not exceed minimum width
requirements specified in the Americans with Disabilities Act (ADA).
3. Floodplain capacities and floodplain functions must be maintained with bridges,
including aquatic and terrestrial wildlife passage.
4. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion.
5. Any concrete 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 trout buffer zones
to provide long-term erosion control. Natural fiber matting is recommended over
plastic matting that can impinge and entrap small animals. Onsite vegetation and
materials may be used for stream bank stabilization when practicable.
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: Kevin Barnett, DWQ-ARO