20090349 Ver 1_WRC Comments_20090422

North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO: Amanda Jones, USACOE
Asheville Regulatory Field Office
Cyndi Karoly, 401 Certification Unit
NC Division of Water Quality
APR 2 2 2009
FROM: Ron Linville, Regional Coordinator IWW
Habitat Conservation Program WEruNW AW STT TR BRANCH
DATE: April 20, 2009
SUBJECT: Cranberry Creek Estates, DWQ No. 09-0349, Miller Branch, Avery County
The applicant proposes to install culverts to provide site access for a residential subdivision.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) 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 subdivision project is divided into 80 individual lots with 71 acres being set aside for
preservation. It is indicated that 59.5 acres will be sold. Wetland seep impacts are indicated to
be 0.021 (modified to 0.03 acres, see subsequent addendum information) acres and stream
impacts are indicated to be 240 linear feet of intermittent and perennial streams. An addendum
for the permit dated April 10, 2008 indicates that access to lot 38 will impact 0.009 acres of
wetlands. This application is to resolve Clean Water Act issues related to Phase II of the
development. Phase III will not impact jurisdictional waters.
Miller Branch supports wild Brown trout and flows to Cranberry Creek, a Designated Public
Mountain Trout Water (Wild Trout Waters) supporting an excellent wild trout fishery of Brook,
Brown and Rainbow trout. The Banded sculpin, Cottus carolinae (NCT) and the Bidentate
dome, Ventridens coelaxis (NCSC) are known from the watershed. The Virginia big-eared bat,
Corynorhinus townsendii virginianus (NCE, FE) has been observed to the southwest of this
development. The Indiana bat, Myotis lucifugus ((NCE, FE) is suspected as being in the area;
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Cranberry Creek Estates Page 2 April 20, 2009
however, this species has not been confirmed. According to Gabrielle J Graeter with our agency,
the North Carolina Gap Analysis Project (NCGAP) indicates the following habitat types for this
property: Dry Mesic Oak Forest, Successional Deciduous Forest, Dry Mesic Mixed Forest,
Appalachian Cove Forest, Appalachian Oak Forest, Appalachian Hemlock, Appalachian Xeric
Pine Forest, Mesic Hardwood Forest and Northern Hardwood Forest. Indiana bats have been
found to roost under the bark of Eastern Hemlock snags, Pine snags and Red Oak snags in the
summer. With the potential for Pine Forest and Hemlocks on this property, there is potential for
snags that could serve as roost trees for endangered Indiana bats during the summer if any are
present.
Based on our review of the submittal, we will not object to the project as proposed providing the
following non-prioritized recommended conditions are followed:
In stream work and land disturbance within the 25-foot wide trout buffer zone are
prohibited during the brown and brook trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction.
2. To the maximum extent practicable, culverts 48" or larger should be buried a foot
into the streambed. Culverts less than 48" 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.
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 forested 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 remain undisturbed to the
maximum extent possible.
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (I 5A NCAC 4B .0124).
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)
Cranberry Creek Estates Page 3
April 20, 2009
foot trout buffer to provide long-term erosion control. Natural fiber matting is
recommended over plastic matting that can impinge and entrap small animals.
8. Restored streams and stream banks should be planted with autochthonous (native)
plants like silky dogwood, rhododendron, dog hobble, mountain pepperbush, paw
paw, red maple, silky willow, tag alder, black willow, sycamore, river birch, or other
native woody species.
The Virginia big-eared bat hibernates in caves and mines where a temperature of 54 degrees F or
less, but above freezing is available. If any large caves or any mine shafts are known for the
development, the owners should contact Gabrielle J Graeter, Mountain Wildlife Diversity
Biologist at 828-273-9097, to discuss a site visitation by NCWRC biologists and/or US Fish and
Wildlife Service biologists. If endangered bats are found on the property, protective measures
recommended by non-game biologists should be provided as appropriate.
Permanently protecting forested stream buffers is essential to the maintenance of wild trout and
their aquatic habitats. According to US Army Corps policy, the establishment and maintenance
of riparian areas can be required by the district engineer as compensatory mitigation to ensure
that the activity results in minimal individual and cumulative adverse effects on the aquatic
environment. 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
function. The establishment and maintenance of riparian areas as compensatory mitigation for
activities authorized by Corps permits and other types of permits also advances the objective of
the Clean Water Act, which is to "restore and maintain the chemical, physical, and biological
integrity of the Nation's waters."
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: Linda Wiggs, DWQ-ARO
Mark Cantrell, USFWS-ARO