20090448 Ver 1_WRC Comments_20090731

0 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
July 31, 2009
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mr. Scott Banks 401 Water Quality Certification for Sardis Road Project
UT Hominy Creek and Wetlands, Buncombe County
DWQ No. 09-0448
Dear Ms. Karoly:
Mr. Scott Banks requested a 401 Water Quality Certification from NCDENR, Division of Water Quality
(DWQ) to impact 0.09 acre of wetland and 145 feet of an unnamed tributary to Hominy Creek for a 10
acre commercial development. Also, 390 feet of the stream and 0.15 acre of wetland will be restored to
resolve unauthorized excavation and fill that occurred during site preparation. I visited the project site on
April 28, 2009. Comments from the Commission are provided under provisions of the Clean Water Act
of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
DWQ requested more information about the project on May 27, 2009. Although not included in this request,
the Commission recommends that DWQ consider the lateral ditches that were constructed along the property
lines because they likely drain the wetlands. Fill area B is soil excavated from the eastern ditch. If these
ditches remain, the floodplain wetland, which already has a reduced hydrology, can be expected to convert to
upland over time.
Thank you for the opportunity to review and comment on this project. Commission staff may inspect the
site during or after construction. Please contact me at [phone] extension 24 if there are any
questions about these comments.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
ti
Banks Page 2
Buncombe
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
Cc: Clearwater Environmental Consultants
S. Wilson, DWQ
L. Hair, US Army Corps of Engineers
July 31, 2009