20161039 Ver 1_WRC Comments_20170222

� North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO: Sue Homewood
Division of Water Resources
Department of Environmental Quality
FROM: Olivia Munzer
Western Piedmont Coordinator
Habitat Conservation
DATE: 22 February 2017
SUBJECT: Pre -Construction Notification for RAE's Creek at Oak Valley Residential Development
After -the -Fact Permit Application and Aquatic Habitat Restoration Project; Davie
County. DEQ Project No. 20161039; USACE Action ID SAW -2016-0249.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document. 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. 661-667e), 16 U.S.C.
661-667d), North Carolina General Statutes (G.S. 113-131 et seq.) and North Carolina Administrative
Code 15A NCAC 10I.0102.
Oak Valley Associates Limited Partnership, the applicant, proposes to resolve unpermitted impacts to
jurisdictional waters in the Yadkin — Pee Dee River basin. The applicant partially -filled a pond and a
stream channel flowing into and out of the pond, resulting in 193 linear feet (If) of permanent stream
impacts and 0.242 acres of permanent open water impacts. To capture the stormwater runoff, the
applicant excavated a new, 185-1f stream channel along its pre -1993 geomorphic position. At the request
of the U.S. Army Corps of Engineers (USACE), the applicant has resubmitted a pre -construction
notification (PCN) and associated documents for stream restoration under Nationwide Permit #27. A
Notice of Violation (#NOV-2016-OP-0007) was also issued by the N.C. Division of Water Resources
(NCDWR) in October 2016.
The intermittent stream is an unnamed tributary to Smith Creek, which is classified as a Class C stream
by the NCDWR. There are no records for federal or state protected species in or near the project area.
Carters Creek Forest Natural Area is located along Carters Creek, downstream of its confluence with
Smith Creek.
Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested
buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and can
Mailing Address: Habitat Conservation Division • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
22 February 2017
RAE'S Creek at Oak Valley
DEQ Project No. 20161039
provide a travel corridor for wildlife species. Provided measures are taken to minimize erosion and
sedimentation from construction/restoration activities, we do not anticipate the project to result in
significant adverse impacts to aquatic and terrestrial wildlife resources. However, we offer the following
recommendations to minimize impacts to aquatic and terrestrial wildlife resources.
1. Avoid development and fill in the 100 -year floodplain to the greatest extent possible.
Development and fill in the floodplain increases the potential for flooding and interferes with the
natural hydrologic process of the waterways.
2. The PCN Impact Justification and Mitigation document submitted by the applicant in October
2016 indicates the open waterbody functions as erosion control management by accumulating
sediments, pollutants, and fertilizers from stormwater runoff. Therefore, we recommend the
applicant identify the source of sediment and implement stormwater best management practices,
such as level spreaders or grassed swale, to reduce the potential for stormwater to enter into the
unnamed tributary to Smith Creek.
3. If the stream enhancement and relocation are considered acceptable mitigation, then we believe a
monitoring plan should be developed. A monitoring plan should detail success criteria to ensure
the stream channel remains stable and riparian buffers are successfully re -vegetated with native,
woody species by visually comparing the conditions to the as -built plans. Invasive species
control should occur regularly, including prior to construction if present. Invasive species
outcompete native plants and provide minimal benefit to wildlife. Monitoring of the site should
occur once per year during the growing season for three years or two bankfull events. Also, if
used as mitigation, we question whether these areas should be placed in a conservation easement
to protect them in perpetuity to prevent additional impacts to either the stream channel or riparian
buffers.
4. Sediment and erosion control measures should be installed prior to any land -disturbing activity.
The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly
recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting
that is made of natural fiber materials with movable joints between the vertical and horizontal
twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it
impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have
detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of
eggs, and clogging of gills.
5. We recommend establishing and/or maintaining a minimum 50 -foot buffer along intermittent
streams and wetlands.
6. Avoid the removal of large trees at the edges of construction corridors. Re -seed disturbed areas
with seed mixtures that are beneficial to wildlife. Avoid fescue based mixtures because fescue is
invasive and provides little benefit to wildlife. In addition, consider adding other habitat -
enhancing features, such as bat boxes, bird houses, and pollinator habitat. Further information
and free technical guidance from the NCWRC is available upon request.
7. Manage non-native, invasive species by pretreating the project site prior to construction,
preventing spread during construction, and control non-native, invasive species throughout the
monitoring period.
Thank you for the opportunity to review and comment on this project. If I can be of further assistance,
please contact me at [phone] or olivia.munzer&ncwildlife.org.
ec: Jean Gibby, USACE