20081691 Ver 1_WRC Comments_20081216

North Carolina Wildlife Resource
Gordon Myers, Executive Director
MEMORANDUM
TO: Cyndi Karoly, 401 Oversight and Express Permits Unit
Division of Water Quality
rdinator /'?
FROM: Ron Linville, Piedmont Region Coo
Habitat Conservation Program
s Commission
0 ???a V LS
DEC 1 6 2008
DENR - WATER DUALITY
WETLANDS AND STORMWATER BRANCH
DATE: December 12, 2008
SUBJECT: Pre-construction Notification Application pal 6tio for Pebble Creek Townhomes, Flat Branch and
tributary thereof, NCDWQ
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document. Our 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. 661-667d), North
Carolina General Statutes (G.S. 113-131 et seq.), and North Carolina Administrative Code 15A NCAC
101.0102.
The applicant is proposing to use Nationwide Permits 29 and 18 to convert former agricultural and
residential lands to a multifamily town-home development in the Six Mile Creek watershed. The project
will impact a total of 280 linear feet of Flat Branch and a tributary thereof plus 0.30 acres of wetland fill
for road crossings and townhome sites. A total of 107 linear feet of perennial stream impacts are
indicated on Flat Branch, which is indicated to be eight (8) to ten (10) wide. Six Mile Creek supports the
Carolina heelsplitter, Lasmigona decorates (NCE, FE). Headwaters may contain suitable habitats for the
Carolina heelsplitter or provide necessary headwaters beneficial to the Carolina heelsplitter. Payment to
the NC Ecosystem Enhancement Program (EEP) is indicated as mitigation. The project is indicated to be
24 percent impervious with locally required stormwater management. Due to the presence of federally
listed endangered species in this basin, the use of Nationwide Permits may not be appropriate. Project
proponents should visit hit w?« i7 wildlife_or&p-07 W-JIdlifeSpeciesCon/p 7c3 impacts.pdf to learn
more about activities needed to protect aquatic ecosystems, including those with listed species.
The area is experiencing rapid urban growth and we are concerned about the cumulative impacts of
development on Carolina heelsplitter downstream of the project. Changes in land use from a primarily
forested area to an urban landscape will exacerbate channel degradation and sediment impacts to stream
ecosystems due to increased stormwater runoff, channel scouring and elevated flooding. In addition,
pollutants (e.g., sediment, heavy metals, pesticides, and fertilizers) washed from roads and urban
landscapes can adversely affect and extirpate species downstream of developed areas.
Mailing Address: sion of Inland Fisheries • 1721 Mail Service Center - Raleigh, NG 27699-1721
Telephone: [phone] • Fax: [phone]
Page 2
Pebble Creek Townhomes
December 12, 2008 in the Six Mile Creek
are concerned about potential impacts to Carolina heelsplitteolloand win condi ons be incorporat d to
We
sub-basin. Should the permit be issued, we recommend the
further minimize impacts to aquatic and terrestrial wildlife resources.
erformed on affected perennial waters. These cursory surveys
. Cursory mussel surveys should be p
1
should be done at the site locations indicated below. more intensive
2. If any live mussels are found or if relic shells are foundo oreendangered st?SS100 ,meters upstream
surveys will be appropriate. Surveys should be conducted crossing arm,
300 meters downstream from any
of any proposed crossings, within any proposed g
proposed project crossings. Surveys should be conducted by hould be conducted b state visual and federal
endangered species permits. Qualitative mussel sampling uring the to 31
SCUBA, or view scope) and tactile surveys and should he e°riun?effort (CPUE) eSpecimens should
October. These surveys should be timed to provide P JPEG be documented for identification confirmation with n o or diigita the supphotographs he survey. If spec es
resource agencies should be provided a complete activities should cease and findings should
with federal protection status are encountered, sampling
be immediately reported to John Fridell with the U.S. Fish and Wildlife Service at 828-258 3939.
3. Maintain a 200-foot undisturbed, native, forested buffer along perennial streams, and a 100-foot
buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these
areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic
habitat both within and downstream of the project area. In addition, wide riparian buffers are helpful
in maintaining stability s are sbuand fo treaen of ffersr howevert they?willanot provide ethe necessary nand
runoff. Grassed buffers vegetated
highly valuable functions provided by forested buffers.
4. Reducing the number of townh um ors woul b thoroughly evaluated as a smaller footprint could
reduce impacts to wetlands that pp quality 5. All remaining wetlands and streams on the site should be protected from additiofl d npa tss be
placing them in permanent conservation easements that prohibit filling, draining, g, buff
infringement and excavation.
6. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the
need to fill and culvert, where practicable. If culverts must be used, the culvert should be designed
and installed to allow passage of aquatic organisms.
7. New developments exceeding six (6) percent imperviousness should include stormwater controls
designed to replicate and maintain the hydrographic condition at the site prior to the change in
landscape.
8. Locate sewers and other utilities as far away from streams as functionally possible and minimize
stream crossings. It is preferable that sewers be located outside the riparian buffers as detailed above.
9. Use landscaping that consists of non-invasive native species and Low Impact Development (LID)
technology. Using native species instead of ornamentals should provide benefits by reducing the
need for water, fertilizers, and pesticides. Using LID technology in landscaping will not only help
maintain the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of
the site. Stormwater management should be required for all new and all retrofitted projects within the
same municipal service area. If impervious area exceeds ten (10) percent, stormwater management
strategies that maintain pre development hydrograph conditions are recommended. Information on
Page 3
Pebble Creek Townhomes
December 12, 2008
Low Impact Development (LID) practices can be found at WTW-l-Q?`1T11R`lctdc.?_z1o1?ment_c?r ,
Ix-0, w.stormwaIcrcenIer.nctr.
httI/www epa.ovlowow?n?silid?lidnatl. df and http`r construction.
10. Sediment and erosion controls measures should be installed prior to any land clearing or
These measures should be routinely inspected and properly maintained. Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources sincluding destruction of spawning
pecies.
habitat, suffocation of eggs, and clogging of gills of aquatic s
cal, and
nsfor won (m tl with lo) bank statehere
in the interests of species preservation, consideration should be given
can t
federal agencies and governments within the basin to establish
could
projects that can't avoid stream/buffer impacan ca'1ti implemt adequate
upchase offsetting credits?t Such e a bank and
implement protective stonnwater control measures p agreement within the immediate North
provide mitigation credits by establishing a conservation banking Carolina watershed and possibly in the Lancaster County, South result rin the olin purchase ofthreSix oMile r stCreek
watershed. Impacts in the Six Mile Creek watershed should
watersheds su
s an
ppo tributary to Six Mile Creek and/or contribute tobank preservation
might include the NC/SC portion of the
endangered aquatic species. Another mitigation P watershed as well as establishment of a bank in Barnes Creek, Pee Dee River, or another place in NC
where it may be possible to establish viable populations of the Carolina heelsplitter.
We believe that permanently protecting wide forested stream buffers is essential to the maintenance of
endangered aquatic species habitats. According to US Army Corps of Engineers policy, the establishment
and maintenance of riparian areas can be required by the district engineer as compensatory mitigation, to
help ensure that the NWP activity results in minimal individual and cumulative adverse effects on the
aquatic environment. Such a requirement does not make non-wetland riparian areas subject to Clean
Water Act jurisdiction. Since non-wetland riparian areas are not jurisdictional, legal protection should be
provided to the riparian areas, for their protection and maintenance. In many areas, riparian areas will be
wetlands subject to Clean Water Act jurisdiction. In other areas riparian areas will not meet the criteria in
the Corps wetland definition at 33 CFR 328.3(b)... Compensatory mitigation projects can include areas
that are not waters of the United States, as long as the mitigation is directly related to the impacts of the
proposed work on such waters and appropriate to the scope and degree of those impacts. Riparian areas
are integral components of streams and other open waters, and are essential for their ecological integrity
and functioning. The establishment and maintenance of riparian areas as compensatory mitigation for
activities authorized by NWPs and other types of permits also helps advance the objective of the Clean
Water Act, which is to "restore and maintain the chemical, physical, and biological integrity of the
Nation's waters." Accordingly, state and federal regulatory agencies should ensure adequate buffer
provisions and protections.
Thank you for the opportunity to comment on this project. If we can provide further assistance, please
contact this office at 336-769-9453.
E-copy: Steve Chapin, USACE
John Fridell, USFWS
Steve Fraley, Ryan Heise, NCWRC
Becky Fox, USEPA