20081000 Ver 1_WRC Comments_20080721

E North Carolina Wildlife Resources Commission 0
July 21, 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: After-the-Fact Nationwide Permit Application for RUKH Asheville Properties, LLC,
Ms. Darlene Flynn
Tributaries to Jump Cove Branch, Buncombe County
DWQ No. 08-1000
Dear Ms. Beckwith and Ms. Karoly:
Ms. Darlene Flynn of RUKH Asheville Properties, LLC requested a letter of concurrence from the North
Carolina Wildlife Resources Commission (Commission) for a 404 Permit from the U.S. Army Corps of
Engineers. 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).
The applicant placed 322 feet of culvert and rip rap in tributaries to Jump Cove Branch in order to develop the
100-acre Chimney Laurel subdivision near Asheville. Material from about 90 feet of stream channels will be
removed and about 67 feet of additional culvert placed. Impacts would be mitigated through the Ecosystem
Enhancement program at a 1:1 ratio.
The project may have harmed trout habitat if it caused considerable sedimentation in the watershed. Trout are
found in Reems Creek and possibly Ox Creek downstream of the property.
If the project is permitted, then the Commission can concur if:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Flynn, RUKH Asheville Properties, LLC Page 2 July 21, 2008
Buncombe
1. The Nationwide and Final Regional conditions were adhered to or are implemented as applicable after-the-fact.
2. The permanent stream impacts are mitigated consisted with the April 2003 Stream Mitigation Guidelines. These
guidelines include a 2:1 ration for good quality streams.
3. Sediment and erosion control measures are maintained until all disturbed soils are permanently stabilized.
4. The natural stream channels and riparian vegetation are restored where culverts and other fill are removed to
reduce impacts. Restoration does not use homogeneous, unnatural "water feature" designs and landscaping
with nonnative plants.
Thank you for the opportunity to review and comment on this project. The Commission may inspect the work
site. If there are any questions regarding these comments, please contact me at [phone] extension 24.
Sincerely,
-1/1 )
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Clearwater Environmental Consultants
Ms. Linda Wiggs, NC Division of Water Quality