20071281 Ver 3_WRC Comments_20090417

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
April 17, 2009
Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Cobalt Development Group Mr. Michael Posey Individual Permit. Application
Sunset Falls at Bald Creek, Phase II, Haywood County
Action ID 2008-01636
DWQ No. 07-1281v2
Dear Ms. Beckwith and Ms. Karoly:
Clearwater Environmental Consultants requested an Individual 404 Permit for Cobalt Development
Group. Biologists with the North Carolina Wildlife Resources Commission (Commission) are familiar
with the fish and wildlife resources in the region and visited the project site most recently on November
20, 2008. Comments from the Commission on this permit action are provided under provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661-667d).
The project involves 502 feet of stream and 0.3 acre of wetland fills to complete phase Il of the Sunset Falls at
Bald Creek subdivision in the Little Creek watershed near Crabtree in Haywood County. In 2007, 283 feet of
permanent culverts and 100 feet of temporary culverts and fords were permitted to develop Phase I.
Wild rainbow and brown trout occur in Bald Creek at its confluence with Little Creek. Trout were not found
in Little Creek in 2007, but brown trout were found in 2008. Though the streams in Phase II are probably too
small for fish, stream disturbance and sedimentation may harm trout habitat downstream. Construction in the
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Cobalt Development Group Page 2 April 17, 2009
Haywood
streams should be avoided from October 15 to April 15 when brown trout spawn in the watershed. The
Commission requests that this be a permit condition.
Temporary impacts from Phase I should be restored before additional impacts occur for Phase II. Mr.
Kevin Barnett and I noted in 2008 that one of the temporary ford improvements was still in place and
needed to be removed. I have not revisited the site to determine whether this condition has since been
rectified.
The plans show rock plunge pool structures at the outlets of culverts. These structures may be necessary
to prevent scour if culverts cannot be properly bedded into the stream bottoms. However, if they are
necessary, then they would eliminate natural stream habitat and would presumably be considered impacts.
The Commission recommends verifying whether these impacts were included in the application.
The proposed compensatory mitigation in the Public Notice differs from that in the permit application we
received in May 2008 from Clearwater Environmental Consultants. Nevertheless, the Commission is
supportive of the compensatory mitigation for Phases II as described in the Public Notice. This includes
at least 1:1 offset of stream impacts through restoration activity, which in this case includes purchasing
502 feet of credit from the Ecosystem Enhancement Program. The Commission is not supportive of only
purchasing 251 feet of credits as proposed in the May 2008 application. According to the multipliers in
the April 2003 Stream Mitigation Guidelines, the impacts to the good quality streams on the property
would require 1,004 feet of mitigation. Only a 0.25:1 offset with credit purchase as proposed would not
compensate for the lost habitat functions.
Thank you for the opportunity to review and comment on this permit action. Please contact me at (828)
452-2546 extension 24 if there are any questions regarding these comments.
Sincerely,
-?;'/X .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Michael Posey, Cobalt Development Group
Mr. Kevin Barnett, NC Division of Water Quality, Asheville