20071918 Ver 1_WRC Comments_20071126

~ North Carolina Wildlife Resources Commission ~
November 26, 2007
Ms. Lori 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: Paul and Suzanne Peoples Nationwide 404 Permit Application
Bank stabilization -Cullowhee Creek
Jackson County DWQ No. 07-1918
Dear Ms. Beckwith and Mr. McMillan:
Paul and Suzanne Peoples 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 excavating gravel bars and stabilizing with rock some of the banks along Cullowhee
Creek.
Cullowhee Creek is stocked with trout downstream of the project area and likely supports natural
reproduction as well. The Tuckaseegee River a considerable distance downstream supports sensitive aquatic
life like the federally-listed Appalachian elktoe mussel. The construction could harm trout if it occurred
during the spawning season.
The photographs show what looks like minor erosion along Cullowhee Creek on the applicants' properly.
Bank armoring with rock does not appear necessary in area 3 because of the thick vegetation there.
Armoring, regardless of the material used, should be avoided here and elsewhere that there is no appreciable
erosion as indicated by vertical banks with exposed, loose soil and no vegetation. Armoring tends to cause
channel constriction and oftentimes erosion further downstream. It also contributes to stream warming, which
is undesirable on trout streams. Planting of more trees and shrubs on the banks alone should provide
additional bank stability to most areas shown in the photographs.
The applicants are also cautioned about removal of the top of the gravel bar and bank from the inside channel
meanders. These are natural features that form under stable conditions. They typically do not cause opposite
bank erosion unless they are higher than the stream's bankfull elevation, which is the flood level that typically
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Peoples
Jackson
Page 2 November 26, 2007
causes channel erosion. Gravel removal can result in an overly wide channel that is prone to rapid debris
accumulation and catastrophic channel change during future flooding.
The Commission requests due consideration of the concerns outlined above, but can concur with the issuance
of a 404 Permit for this project provided the following conditions are attached and used to help conserve
aquatic habitat:
1. As stipulated by Final Regional Condition 1.2, stream excavation and bank grading is avoided during
the October 15 to April 15 period when rainbow and brown trout typically spawn.
2. 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 flows.
3. 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. These
materials are unstable in flowing-water and are unsuitable for bank stabilization
4. Only existing? and 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.
5. 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.
6. In-water excavation is conducted in dry work areas whenever necessary by using sandbags or other
temporary diversion structures.
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. Uncured concrete is not allowed to contact the stream because it is toxic to aquatic life.
10. 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.
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,
U~.
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Paul and Suzanne Peoples
Mr. Kevin Barnett, NCDENR, DWQ