20081294 Ver 1_WRC Comments_20080919

K? North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
September 19, 2008
Ms. Loretta Beckwith
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: Nationwide 404 Permit Application for Mr. James E. Kelly, TRI Investments, Inc.
Culverts in Monger Creek, Macon County
DWQ No. 08-1294
Dear Ms. Beckwith and Mr. McMillan:
Mr. James E. Kelly of TRI Investments, Inc. requested a letter of concurrence from the North Carolina
Wildlife Resources Commission (Commission) for a permit to put culverts in 175 feet of Monger Creek
and 0.085 acre of a recently rebuilt pond. I visited the property on July 2, 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).
As with other streams in the area, Monger Creek likely supports trout downstream of the project area where
there is suitable flow. A considerable amount of stream excavation and site grading will be necessary with
this project. Sedimentation from construction has the potential to harm trout, particularly if it occurred during
the spawning season.
The Commission can concur with a permit for this project provided the following conditions are attached to
help conserve aquatic habitats:
1. The project complies with the Nationwide and Final Regional Conditions. Adherence to Final
Regional Condition 1.2 is appropriate to protect trout spawning.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
TRI Investments, Kelly Page 2 September 19, 2008
Macon
2. Effective sediment and erosion controls are used and maintained to minimize sedimentation in
Monger Creek.
3. Stormwater is routed to diffuse into vegetated areas along streams or it is detained in stormwater
bioretention ponds prior to discharge to streams. Stormwater is not routed directly to streams.
Thank you for the opportunity to review and comment on this permit action. 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. Adam White, Contour Environmental
Mr. Kevin Barnett, NC Division of Water Quality