20081627 Ver 1_WRC Comments_20081104

0 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
November 4, 2008
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 Mr. Tom Lasley, Lasley Construction
Silt removal, UT Jaynes Cove Branch, Haywood County
DWQ No. 08-1627
Dear Ms. Beckwith and Ms. Karoly:
Mr. Tom Lasley of Lasley Construction requested a letter of concurrence from the North Carolina
Wildlife Resources Commission (Commission) for a 404 Permit from the U.S. Army Corps of Engineers.
The project involves removing sediment from an unnamed tributary to Jaynes Cove Branch near Maggie
Valley. However, it appears that a pond and a road crossing/s need to be permitted as well. 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).
In 2005, Brannon Investment Properties, LLC applied for 120 feet of culvert in a tributary to Jaynes Cove
Branch to develop a phase of the Brannon Forest subdivision. During my site visit in 2005, I observed
several other culverts, bank stabilization, and a pond in this subdivision that may not have been permitted.
The impacts for Lasley Construction are on a parcel contiguous with the Brannon Forest subdivision. Access
to this parcel will be through this subdivision.
Jaynes Cove Branch probably doesn't support trout like Jonathon Creek further downstream. This project
should not harm trout spawning. Nevertheless, disturbed soils need to be stabilized with matting and seeded
quickly to prevent further erosion.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Lasley
Haywood
Page 2 November 4, 2008
The Commission has no major concerns with this project provided:
1. The Nationwide and Final Regional Conditions are followed and effective sediment and erosion
control measures are used, and improved, during construction. Adherence to Final Regional
Condition 1.2 is not necessary to protect trout.
2. Compensatory mitigation is provided if cumulative stream impacts are 150 feet or more in the whole
development.
Thank you for the opportunity to review and comment on this project. The Commission may inspect the
work site. If there are any questions regarding these comments, please contact me at [phone]
extension 24.
Sincerely,
/4 .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: W.H. Austin, Heaven's Rose, Inc.