20080104 Ver 1_WRC Comments_20080130

® North Carolina Wildlife Resources Commission
January 30, 2008
Ms. Amanda Jones
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mr. Michael E. Springman Nationwide Permit Application DWQ N0.08-0104
Pond removal/restoration, Garren Branch, Transylvania County
Dear Ms. Jones and Mr. McMillan:
Mr. Michael E. Springman requested a letter of concurrence from the North Carolina Wildlife Resources
Commission (Commission) fora 404 Permit from the U.S. Army Corps of Engineers (ACOE). The
project site was visited on January 29, 2008. Comments from the Commission 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 removal of an unauthorized pond on Garren Branch near Rosman. The stream and trout
buffer will be reestablished to address Notices of Violation from the Division of Water Quality and Division
of Land Resources.
Garren Branch supports wild brook trout. There is considerably less silt in the stream above the pond
than below it where the stream channel has widened and become braided because of deposition. This
sedimentation has degraded trout habitat. The project has and may continue to harm trout resources,
particularly if it causes more sedimentation during the spawning season.
The Commission is pleased that the stream channel and buffer will be restored, but is also very concerned
about the sedimentation that has occurred and that may be continuing to occur because the pond is
drained and has eroding sediments. The Commission recommends that removal of sediment from the
stream channel be considered as part of the restoration project. Moreover, regarding ongoing
sedimentation, the Commission recommends that the stream through the pond bed be temporarily isolated
in flexible pipe as soon as possible. Other options may be re-flooding the pond by attaching a standpipe
on the outlet structure or, though less effective, construction of a silt check dam at the pond outlet. If the
pond is re-flooded, then partial downstream flow would need to be maintained during that process. These
or similar efforts should be implemented soon to reduce downstream sediment losses from the drained
pond.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Springman
Transylvania
Page 2 January 30, 2008
The Commission can concur with the permit for this project if the following recommendations are used to
help conserve fish and wildlife resources:
1. Efforts are made as soon as possible to curb sediment losses from the drained pond bed.
2. In stream channel excavation and bank grading does not occur from October 15 to April 15 to avoid
adverse effects of more sedimentation on brook trout spawning.
3. A plan to remove sediment from the stream below the pond (e.g. bucket and shovel) is developed and
evaluated.
4. The stream is reconstructed with natural techniques so that it mimics the stream channel above the
pond. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and
techniques are used. Materials are not placed in the stream channels in a manner that overly
constricts stream flow or that impedes aquatic life movements during low flow conditions.
5. Sediment and erosion control measures for sensitive watersheds (15A NCAC 04B .0124) are used and
maintained until all disturbed soils are permanently stabilized. All bare soil is seeded as soon as
possible after ground disturbance and erosion control matting is used with seeding on disturbed
stream banks. Matting is secured with staples, stakes, or, wherever possible, live stakes of native
trees. Tall fescue is not used along streams.
6. In-water excavation is conducted in dry work areas whenever practical.
7. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
8. Hydroseed mixtures and wash-waters do not reach streams.
9. Disturbance of riparian vegetation is kept to a minimum. Where disturbance for temporary access is
necessary, trees and shrubs are cut and the stumps and roots left to resprout. Disturbed stream banks
and the widest possible zone outward from the restored stream channel are planted with native trees
and shrubs (e.g., rhododendron, dog hobble, red maple, silky willow, tag alder, black willow,
sycamore). This will help provide long-term bank stability and stream shading. Note, silky
dogwood, silky willow and black willow can be planted as live stakes collected during the dormant
season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top
of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these
areas are also seeded with a native seed mix with a temporary nursery crop of wheat, millet or other
grain.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
Sincerely,
~~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Terry E. Allen
Ms. Janet Boyer, NC Division of Land Resources, Asheville
Mr. Gray Hauser, NC Division of Land Resources, Raleigh
Mr. Kevin Barnett, NC Division of Water Quality, Asheville