20081573 Ver 1_WRC Comments_20081020

e-D L-) Q.* o S r s?3
9 North Carolina Wildlife Resources Commission P
Gordon Myers, Executive Director A
MEMORANDUM g@%q TO: Amanda Jones, USACOE Q 2QOa
Asheville Regulatory Field Office
VEVAC P ?
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: October 17, 2008
SUBJECT: Riverview Investments, LLC, After-the-Fact Application, Unnamed Waters of
North Fork New River, Ashe County
The applicant proposes to restore non-permitted impacts to waters and provide site access.
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 proposed restoration project includes restoring a linear wetland and removing three (3)
unnecessary pipes. Total permanent impacts for the development are indicated to be 40 linear
feet of 36" culvert. Temporary wetland impacts of 0.42 acres are to be restored. No additional
impacts are indicated. The project's proponents desire to complete this work outside the
standard trout moratorium and propose to complete this work as soon as permits and
certifications are obtained. Total development impervious area is not indicated.
Wild brook and brown trout plus some rainbow trout are indicted for waters inn the general area;
however no records were found for this specific location. Kanawha minnow, Phenacobius
teretulus (NCSC, FSC); logperch, Percina caprodes (NCT); seep mudalia, Leptoxis dilatata
(NCT); sharpnose darter, Percina oxyrhynchus (NCSC); purple wartyback, Cyclonaias
tuberculata (NCSQ, spike, Elliptio dilatata (NCSC); tonguetied minnow, Exoglossum laurae
(NCSR); Kanawha darter, Etheostoma kanawhae (NCSR); and crayfish on the NC Watch List
(New River crayfish, Cambarus chasmodactylus. and Orconectes cristavarius, no common
name) occur throughout the New River and tributaries thereof.
Based on our review of the submittal, we will not object to the project as proposed providing the
following conditions are implemented:
1. In stream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15. Due to
. ---- ---- +L- -11 of the wetland restoration. and
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Riverview Investments Page 2 -
October 17, 2008
the desire to con lete the restoration before winter this moratorium can be waived
rovidin work is accomplished so that turbidity and sediment are retained at the
work site.
2. To the maximum extent practicable, culverts 48" or larger should be buried a foot
into the streambed. Culverts less than 48 inches in diameter should be buried to a
depth equal to or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. Aquatic life passage must be
assured during low flow or drought conditions. Any riprap used must not interfere
with aquatic life movement during low flows.
3. 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 buffers should be provided;
however, the twenty-five (25) foot trout buffer should be restored as appropriate and
remain undisturbed to the maximum extent practicable.
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
5. If any concrete will be used, 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 twenty-five (25)
foot trout buffer to provide long-term erosion control. We encourage use of fiber
matting. 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: Sue Homewood, DWQ-WSRO