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HomeMy WebLinkAbout20071448 Ver 1_WRC Comments_20070906~ North Carolina Wildlife Resources Commission ~ Richard B. Hamilton, Executive Director September 6, 2007 Ms. Liz Hair 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 Certification Unit 1628 Mail Service Center Raleigh, North Carolina 27699-1628 SUBJECT: Nationwide 404 Permit Application DWR-08-Tributary to Hooper Creek/Myers and Ketcham Properties Stream bank stabilization Polk County DWQ No. 07-1448 Dear Ms. Hair and Mr. McMillan: Altamont Environmental, Inc., on behalf of Deborah Myers and Ken Ketcham, requested a letter of concurrence from the North Carolina Wildlife Resources Commission (Commission) fora 404 Permit from the U.S. Army Corps of Engineers. 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 bank sloping and construction of stabilizing structures along 2,300 feet of a tributary to Hooper Creek near Hickory Grove. The project will not harm trout. The Commission supports the project because it should reduce a source of sediment and improve aquatic habitat over time. The Commission can concur with a permit for the project if the following recommended conditions are attached and used to help conserve fish and wildlife resources: 1. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and techniques are used for bank stabilization. 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. 2. Rock, sand, or other materials are not excavated from the stream channel except where necessary to construct structures or to reestablish a natural channel according to reference information. Such materials are unstable in flowing-water situations and are unsuitable for bank stabilization Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 DWR-06-UT Hooper Creek Page 2 September 6, 2007 Polk County 3. Only actively eroding areas are stabilized. Grading and backfilling is 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 are obtained from upland sites. 4. Sediment and erosion control measures 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. 5. In-water excavation is conducted in dry work areas whenever practical. Sandbags or other diversion structures are used where needed to minimize any excavation in flowing water. 6. All heavy equipment operated near streams is inspected and maintained regularly to prevent contamination by fuels, lubricants, or hydraulic fluids. 7. Hydroseed mixtures and wash-waters do not reach streams. 8. 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., 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. Stream banks in these areas are also seeded with a native seed mix with a temporary nursery crop of wheat, millet or other grain. 9. If pasture along the stream is to be used for grazing, a fence is constructed on the field side of the stabilization zone/s to prevent livestock from entering the replanted area and the stream. 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 (828) 452-2546 extension 24. Sincerely, I'- . Dave McHenry Mountain Region Coordinator Habitat Conservation Program cc: Mr. Stuart A. Ryman, Altamont Environmental, Inc.