20071505 Ver 2_Other Agency Comments_20071017

~ North Carolina Wildlife Resources Commission ~
October 17, 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 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mountain Development Company, Mr. Keith Vinson Nationwide Permit Application
Seven Falls Golf and River Club short course stream stabilization, Henderson Co.
DWQ No. 07-1505
Dear Ms. Hair and Mr. McMillan:
Clearwater Environmental Consultants on behalf of Mr. Keith Vinson of Mountain Development
Company 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). 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 stabilizing 3,800 feet of Little Willow Creek near Etowah. A combination of rip rap and
boulders would be used to armor both stream banks and, in some cases, constructed bank terraces. It was not
specified whether a written waiver from the District Engineer of the 500 foot limit on the use of Nationwide
13 has been obtained for this project.
While this stream reach has areas of bank erosion and unstable morphology, it is likely unnecessary to armor
the entire channel as proposed. This armoring would reduce bank erosion, where it is present in the reach, but
also reduce stream channel complexity and cause stream warming because of the loss of shading vegetation
and heat absorption by the placed rock. Little Willow Creek supports rainbow trout above the falls and may
support trout further downstream if habitat quality improved because natural stream design stabilization was
undertaken.
Riparian vegetation along the stream is sparse, particularly where it was removed when site development
began. Nonetheless, the riparian area still has value as wildlife habitat. Some streams and wetlands in this
region of Henderson County are important travel corridors and habitat for bog turtles (State Threatened).
They have been observed in close proximity to the Seven Falls property. A wetland upstream of the stream
stabilization area appears suitable for bog turtles. The proposed project would reduce the wildlife habitat
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Mountain Development Company Page 2 October 17, 2007
Henderson
value of the riparian area of Little Willow Creek further, in part depending upon the riparian planting and
management that is undertaken
Because of these concerns, the Commission requests that the following be addresses in order to complete a
thorough review of the proposal:
1. The application does not demonstrate why a natural stream design approach, which typically involves
rock and log structures, bank sloping and benching, and vegetation planting, will not work as a less
ecologically damaging alternative to the proposal. Stream channel cross sections and profiles were not
shown. Although this level of evaluation is not typically included with Nationwide 13 applications, it is
warranted for projects with such a large scope like that proposed.
2. The stabilization details show low and high flow stream levels, but does not specify what these actually
reflect. Is high flow the bankfull discharge? This is important to ascertain what the proposed
stabilization approach would do to channel condition.
3. A riparian planting plan was not included.
4. It is not demonstrated why a natural stream design approach could not be undertaken for the bank
stabilization to help meet future compensatory mitigation requirements for the development, which
include about 7,900 feet of permanent stream channel fill. As indicated by ACOE Regulatory Guidance
Letter (RGL) 02-2, on-site mitigation should be required adjacent or contiguous with the discharge sites
whenever practical. However, all compensatory mitigation for this development has been proposed off-
site. The Commission recommends evaluating enhancement and/or restorative work on Little Willow
Creek because this watershed is where proposed permanent losses would occur and because it can and
may already be locally important habitat for bog turtles and other wildlife. Habitat improvement in and
along Little Willow Creek would better off-set project impacts than the off-site opportunities that are
being considered.
Thank you for the opportunity to review and comment on this project. The Commission looks forward to
providing a more through review of the project should the additional requested information be provided.
If there are any questions regarding these comments, please contact me at [phone] extension 24.
Sincerely,
'~~ .
k
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Clement Riddle, Clearwater Environmental Consultants
Mr. Kevin Barnett, NC Division of Water Quality
Mr. Bryan Tompkins, US Fish and Wildlife Service