HomeMy WebLinkAbout20061554 Ver 1_WRC Comments_20061018~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi B. Karoly, Supervisor
401 Oversight and Express Permits Unit
NCDWQ Wetlands and Stormwater Branch D ~ ~ ~ ~ V
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FROM: Ron Lmvnlle, Regional Coordinator ~ C Y 1 $ 2006
Habitat Conservation Program
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DATE: October 16, 2006
SUBJECT: Kenny Probst's 44-Acre Wetlands Delineation Retail Shopping Center
Development, Unnamed Tributazies Cold Water Creek, DWQ No. 20061SS4,
USACOE Action ID No. 200630835, Cabarrus County
The applicant is requesting 401 Water Quality Certification from the North Carolina Division of
Water Quality. The NCWRC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. These comments are
provided in accordance with 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 is to provide a retail development with multiple buildings. Grading for construction
is currently underway. Coldwater Creek is in the Yadkin basin. Impacts are indicated to be 0.01
acres of unimportant stream for redirection of Stormwater drainage and 386 linear feet of
unimportant stream (tributary to Cold Water Creek). Two perennial streams on the property are
indicated to be avoided. Total imperviousness is proposed to be approximately 39.7 acres of the
44 acre tract. A detention basin is indicated for Stormwater control and previous sediment
violations are indicated. No listed species are indicated for Cold Water Creek; however, this
stream is tributary to Rocky River. The Rocky River is believed by biologists to contain habitats
suitable for the Cazolina heelsplitter, Lasmigona decorata (NCE, FE) although diminished water
quality due to urbanization may limit this and other aquatic species from the river.
Based on our review of the submittal, we will not object to issuance of the 401 Certification;
however, we recommend the following Certification conditions:
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fa$: (919) 707-0028
Kenny Propst Commercial Dev. -Page 2 -
October 16„ 2006
• Stormwater management should maintain, to the extent possible, pre development
hydrographic conditions. Stormwater control measures should be implemented before
impervious surfaces reach 10% for most watersheds and 6 % for watersheds with listed
species present downstream, Low Impact Development (LID) techniques aze
encouraged. Information on LID practices can be found at
www.lowimQactdevelopment.or~. LID techniques aze encouraged for all new
developments and redevelopment efforts. Maintenance of the hydrograph is needed to
reduce downstream channel destabilization and bank erosion.
• Stormwater management ponds should be forested (excluding dams) with native plants to
reduce thermal impacts to waters and offset or mitigate for lost habitats (see attached).
• In watersheds supporting listed species, stream buffers should be minimum 100' for
intermittent channels and 200' for perennial channels. In watersheds without listed
species, these buffers should be minimum 50' and 100' respectively. Buffers should be
permanently preserved as common conservation azeas instead of subdivided. Where
practicable, impacted streams should be relocated using state-of--the-art natural channel
design and native vegetation instead of piping the streams. Local authorities should keep
sewer lines, water lines, and other utilities out of riparian buffers.
• Sediment and erosion controls should meet NC Division of Land Resources requirements
for the watershed. Preferably, sediment and erosion control measures will meet design
standards for sensitive watersheds (15A NCAC 4B .0124).
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations
E-copy: Amanda Jones, USACOE-ARO
Alan Johnson, DWQ-MRO
Kenny Propst Commercial Dev. -Page 3 - October 16„ 2006
Piedmont Stormwater Pond and Mine Planting Recommendations
Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be
considered for lower elevation stormwater ponds and mine sites:
Spring/Summer Mixture, May 1-Sept. 15 FaWWinter Mixture, Sept. 15 - Apri130
Browntop millet 20 lbs/a
Kobe lespedeza 201bs/a
Shrub lespedeza 1 lb/a
Switchgrass* S lb/a
Winter Wheat 120 Ibs/a
Kobe lespedeza 20 lbs/a
Shrub lespedeza 1 lb/a
Switchgrass* S lb/ac
Add to fall or spring plantings: `Tioga' Deertongue (Panicum clandestinum) at a rate of 7 lbs. Pure Live
Seeds (PLS) per acre.
* When possible on slopes less than 3:1 use Switchgrass instead of lespedezas and on slopes greater than 3:1 use
Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and
region. Korean lespedeza may be appropriate in colder geophysical azeas. We do not recommend Sericea lespedeza
and prefer not to use Korean or Kobe unless necessary as they are exotic. Native plants and warm season grasses
are preferred over exotic plants.
Add one of the following to the above mixture:
Creeping Red Fescue 5 Ibs/acre
Ladino Clover** 5 lbs/acre
Atlantic Coastal Panic Grass 5 lbs/acre (PLS)
Alfalfa** 5 lbs/acre (requires fertilizer containing Boron)
** Lime & fertilize disturbed azeas according to NRCS soil test results and follow planting guidelines as appropriate
and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing
should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree
growth on a 2-3 year schedule.
The provision of shade around impounded waters can significantly reduce thermal impacts. Trees and
shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on
the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water
elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits:
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple**
Viburnum Green Ash Ironwood Black Cherry Persimmon
Water Oak Spice Bush Willow (sp) Serviceberry Red Oak
Swamp Chestnut Silky Dogwood
Other species may be utilized depending on site requirements and native plant availability. Pines* should not
exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success
rate is acceptable over five years. Large or fast Bowing trees like Sycamore and Maple** may not be appropriate
near detention facility dams. Note: Non-native plants included in this list are routinely considered beneficial and/or
agriculturally established non-natives. They have been included as they are readily available commercially and they
do not exhibit many of the negative attributes of other non-natives that tend to spread or inhibit native plant
propagation and survival.