20081499 Ver 2_Staff Comments_20090105

NC Division of Water Quality
401 Oversight and Express Permitting Unit
January 5, 2009
Memorandum
To: Ian McMillan
File
From: Eric Kulz
Subject: DWQ # 20081499 v2
Red Wolf Run
Madison County
Application (After-The-Fact) and Mitigation Plan prepared by ClearWater Env. Cons.
NOTE: All impacts After-The-Fact!!!
No culvert cross-sections were provided, as requested in the December 18, 2008 response letter.
According to photographs of culverts included with the response letter, the downstream culverts
at Impacts 4, 5, 6 and 8 appear to be perched, and do not meet the aquatic life passage
provisions. Can we make them re-install these?
Based on a site visit by Dave McHenry with NCWRC, the pond constructed by the applicant was
constructed in such a way that, while constructed offline, was capturing all of the stream flow from
the downstream end of the culvert at Impact #2 and resulted in some abandonment of the stream
channel. This intake structure should be modified to ensure that base flow remains within the
channel. Otherwise, the length of channel which has been bypassed will require mitigation.
According to the mitigation plan, Enhancement Area A includes planting of riparian buffer
vegetation along 253 linear feet of stream channel. The plan states that due to the presence of a
gravel road on the right side of the stream, "buffer widths will be constrained in this area".
Mitigation credit for segments of streams with buffer less than 30 feet in width on both sides of the
stream will NOT be approved. Stream mitigation must include 30-foot buffers on both sides of the
stream, and must be put into conservation easement or other protective measures. Alternative
mitigation may be needed to satisfy the mitigation requirements of project.
The practice of using a "weed-whacker" to control non-native grasses is discouraged; riparian
buffers are intended to be undisturbed areas. These undesirable grasses should be treated with
an herbicide approved for use near water, or the grasses should be manually removed prior to
planting. Native herbaceous vegetation (riparian seed mix) should be planted (along with the
proposed riparian trees and shrubs) to allow for the development of a natural riparian zone.
North Carolina Division of Water Quality; 401 Oversight and Express Permitting Unit
1650 Mail Service Center; Raleigh, NC 27699-1650
2321 Crabtree Blvd., Raleigh, NC 27604-2260
Telephone: [phone]; Fax: [phone]
http://ncwaterquality.org/wetlands