20100010 Ver 1_WRC Comments_20100128

North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
January 28, 2010
Ms. Loretta 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: Nationwide Permit Application for North Carolina Ecosystem Enhancement Program
(EEP)
Snowbird Creek Tributaries Project, Graham County
DWQ NO. 20100010
Dear Ms. Beckwith and Ms. Karoly:
Michael Baker Engineering, Inc. requested comments from the North Carolina Wildlife Resources
Commission (Commission) for a 404 Permit from the U.S. Army Corps of Engineers. The project will
provide credits for the EEP and involve enhancing 171 feet of an unnamed tributary to Snowbird Creek
and restoring 543 feet of an unnamed tributary to Hooper Branch in Graham County. 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 streams where work will occur are probably too small for trout. Trout spawning habitat in Snowbird
Creek downstream of the work areas is probably absent or limited. However, we have a record for
rainbow trout in Hooper Branch downstream of UT3. Therefore, although the project should improve
trout habitat in the watershed over the time, it also has the potential to initially harm trout if it causes
sedimentation during the spawning season. To avoid this, any stream or bank disturbance on UT3 should
be avoided from January 1 to April 15 when rainbow trout should be spawning in Hooper Branch.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
EEP Page 2 January 28, 2010
Graham
Riparian trees and shrubs are critical to the long-term stability of most streams in the mountains of North
Carolina. Therefore, when stabilization projects are undertaken, existing and desirable riparian vegetation
should be preserved as much as possible and vegetation planted where it is sparse or absent. Grubbing
should be avoided in favor of select cutting and herbicide treatment where removal of invasive and
undesirable vegetation is undertaken and where bank reshaping is not needed.
The Commission recommends that theses conditions be followed with this project to help conserve fish and
wildlife resources:
I. Any stream or bank disturbance on UT3 should be avoided from January 1 to April 15 when rainbow
trout should be spawning in Hooper Branch.
2. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and
techniques can be used for bank stabilization. Materials must not be placed in the stream channels in
a manner that overly constricts flow or that impedes aquatic life during low water.
3. Rock, sand, or other materials must not be excavated from the stream channels except where
necessary to construct structures or to reestablish a natural channel according to reference
information. These materials are unstable in flowing-water and are unsuitable for bank stabilization.
4. Only existing and actively eroding areas can be stabilized. Grading and backfilling must be
minimized and tree and shrub cover retained where possible to ensure long term availability of stream
bank cover for aquatic life and wildlife. Backfill materials must be obtained from upland sites.
5. Sediment and erosion control measures must be used and maintained until all disturbed soils are
permanently stabilized. All bare soil shall be seeded as soon as possible after ground disturbance and
erosion control matting used with seeding on disturbed stream banks. Matting should be secured with
stakes or, wherever possible, live stakes of native trees. Tall fescue must not be used along streams.
6. In-water excavation shall be conducted in dry work areas whenever practical by using sandbags or
other temporary diversion structures.
7. All heavy equipment operated near streams must be inspected and maintained regularly.
8. Hydroseed mixtures and wash-waters must not reach streams.
9. Disturbance of riparian vegetation shall be kept to a minimum. Where disturbance for temporary
access is necessary, trees and shrubs should be cut and the stumps and roots left to resprout.
Disturbed stream banks and the widest possible zone outward from the channel should be planted
with native trees and shrubs (e.g., silky dogwood, 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.
10. Livestock must be excluded from the mitigation areas.
Thank you for the opportunity to review and comment on this project. Commission staff may inspect the
work site during or after construction. Please contact me at [phone] extension 24 if there are any
questions about these comments
EEP
Graham
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
Page 3 January 28, 2010
cc: Mr. M. Clemmons, Michael Baker Engineering, Inc.
Mr. E. Kulz. NCDENR, Division of Water Quality