20051986 Ver 2_USACE Correspondence_20090316

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
LEA k?5 L? W Dul-
MAR 1 6 2009
REPLY TO
ATTENTION OF
Regulatory Division
Action ID. SAW-200900106
Mr. H. Brantley Powell
HBP Properties, LLC
Post Office Box 5365
Cary, North Carolina 27512
Dear Mr. Powell:
March 12, 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Reference our January 27, 2009, Public Notice for the proposed impacts associated with
the construction of Legend Oaks Subdivision Phase III, located at the end of the existing phase of
the subdivision, north of Lystra Road and east of US Highway 151501 near Chapel Hill, in Chatham
County, North Carolina. Impacts associated with this phase of the project include 425 linear feet of
stream channel and 0.006 acre of a forested wetland. All waters drain to Cub Creek in the Cape
Fear River Basin.
After review of your proposal, the North Carolina Wildlife Resources Commission
(NCWRC) provided comments by letter dated February 27, 2009. The letter raises concerns
regarding the filling of wetlands/piping of streams and the potential impacts to fish and wildlife
resources, and suggested several measures to further reduce the impact of the proposed work.
We are forwarding a copy of this letter for your review and consideration, and request that
you respond to this office, in writing, on or before April 15, 2009. In addition, please provide a
written response on the following items:
1. Please submit a compensatory mitigation plan for all stream impacts determined
by the Corps to contain important aquatic functions. Since preservation has been presented
as a component of this plan, please provide the preservation mechanism, language, map of
the preservation area, and future recordation date.
2. Please identify all other authorizations required for this proposal.
3. Indicate if any fill is expected within a FEMA designated floodplain and provide
the necessary documentation to justify that the project is in compliance with Executive
Order 11988.
4. Please list all avoidance and minimization measures used during the planning
phases and the resulting reduction in aquatic impacts. Include an assessment of bridging the
streams.
5. Please indicate if any future expansions are expected with this project.
6. Please provide a response concerning the location and protection plans for the on-
site cemetery identified as E25.1.
7. Please submit additional information properly identifying the aquatic resources
on-site. This information should reflect the changes found during our February 10t', 2009, site visit.
If you have any questions or concerns, please contact Mr. Monte Matthews at (919) 554-
4884 x30 or at the address above.
Sincerely, rn
ean
B. Manuele
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (with enclosures)
Burdette Land Consulting
Attn: Jennifer Burdette
10212 Creedmoor Road.
Raleigh, NC 27615
NC DENR-DWQ
Wetlands and Stormwater Branch
401 Oversight/Express Permitting Unit
Attn: Ian McMillan
1650 Mail Service Center
Raleigh, NC 27699-1650
2

North Carolina Wildlife Resources Commission
Gordon S. Myers, Executive Director
MEMORANDUM
TO: Monte Matthews, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 27 February 2009
SUBJECT: Public Notice for HBP Properties LLC, Legend Oaks Phase 111, Chatham County, North
Carolina. Corps Action ID #: SAW-200900106.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area. 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), and North Carolina General Statutes (G.S. 113-131
et seq.).
The applicant proposes to construct the third phase of a residential subdivision. The proposed
project will permanently impact 0.006 acres of forested wetlands and 425 linear feet of stream channel.
Two Nationwide Permits were issued for earlier phases. These included permanent impacts to 149 linear
feet of perennial streams, 202 linear feet of intermittent streams, 0.006 acres of wetlands, and temporary
impacts to 65 linear feet of stream. The applicant proposes to mitigate for impacts to streams by payment
into the N.C. Ecosystem Enhancement Program and through on-site preservation of streams and adjacent
buffers.
Cub Creek and its tributaries flow through the project site. Cub Creek is a tributary to B. Everett
Jordan Reservoir in the Cape Fear River basin. B. Everett Jordan Reservoir supports a diverse fishery
including sunfish (Lepomis spp.), crappie (Pomoxis spp.), catfish (Ictalurits spp.), largemouth bass
(Micropterzts salmoides) and striped bass (Morone saxatilis). A Significant Natural Heritage Area - Cub
Creek Bottomlands and Beaver Ponds - is located downstream of the project site.
We hesitate to concur with the piping of stream channels due to the potential for long-term and
cumulative impacts. Likewise, we hesitate to concur with the filling of wetlands due to their wildlife
habitat value and the well-known beneficial functions they provide for flood control and water quality
protection.
Changes in land use from a primarily forested area to an urban landscape may exacerbate channel
degradation and sediment impacts to stream ecosystems due to increased stormwater runoff and elevated
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Page 2
27 February 2009
Legend Oaks
Corps Action ID #: SAW-200900106
flooding. Protecting wide forested riparian corridors and the 100-year floodplain, and adequately treating
stormwater in development areas are essential to the protection of water quality and aquatic and terrestrial
wildlife habitats in developing landscapes. Should the permit be issued, we offer the following
recommendations to minimize impacts to aquatic and terrestrial wildlife resources.
A minimum 100-foot undisturbed, native, forested buffer should be maintained along perennial
streams, and a 50-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 of stream banks and for
treatment of pollutants associated with stormwater runoff. Whereas, a grassed buffer, particularly
fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as
discussed for forested buffers.
2. Remaining wetlands and streams on the site should be protected from additional impacts by
placing them in a permanent conservation easement to prohibit filling, draining, flooding, and
excavation.
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 to allow passage of aquatic organisms.
4. To adequately protect streams, limit impervious surface to less than 10%. Suggested examples to
accomplish the <10% impervious goal are using conventional designs at a level of <10%
imperviousness or using conservation clusters with higher densities, with dedicated open space
and other stormwater control measures to mimic the hydrograph consistent with an impervious
coverage of less than 10%.
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.
6. Any landscaping should consist 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 to maintain the predevelopment hydrologic regime, but also enhance the aesthetic
and habitat value of the site.
Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive
silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at [phone].
cc: Cyndi Karoly, DWQ
Mark Bowers, USFWS