20081287 Ver 2_WRC Comments_20081118

K-12"" North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
November 18, 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: After-the-Fact Nationwide Permit Application for Mr. Glenn Frank
Wilderness Creek Falls Subdivision
UTs North Potato and Wolf Creeks, Cherokee County
DWQ No. 08-1287 v2
Dear Ms. Beckwith and Ms. Karoly:
Mr. Glenn Frank requested a letter of concurrence from the North Carolina Wildlife Resources
Commission (Commission) for a 404 permit. I am familiar with the project area. 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).
Mr. Frank built several ponds and installed road culverts in tributaries to North Potato and Wolf creeks in
order to develop the 481-acre Wilderness Creek Falls subdivision near Murphy. He also operated a mine
on the property where about 1,000 feet of a tributary to Wolf Creek was diverted into a constructed ditch.
An Individual Permit was submitted for about 2,000 feet of stream impacts; however, this application was
rescinded. Instead, the applicant is now requesting authorization for only 300 feet of stream impacts by
removing two ponds and several culverts and restoring the stream channels. Restoration of the impacted
stream channel at the mine site is also proposed. About 800 feet of stream enhancement (i.e., riparian
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Frank Page 2 November 18, 2008
Cherokee
vegetation planting) is proposed as compensatory mitigation for permanent channel losses associated with
the retained ponds and culverts.
There are records for trout in the Wolf Creek watershed, but they were not found in recent sampling.
Aquatic habitat in Wolf Creek is poor due to sedimentation from watershed development and other
sources. The project will probably not harm trout.
Additional compensatory mitigation is warranted to adequately offset the project's permanent stream
impacts. The Commission agrees with Wetland and Natural Resource Consultants that the streams on the
property are good quality. Therefore, the 1:1 ratio proposed for mitigating permanent impacts should be
adjusted to 2:1 according to the April 2003 Stream Mitigation Guidelines. Buffer planting along the main
channel of North Potato Creek, which was proposed as a mitigation area in the Individual Permit
application, would augment the current proposal. Additional mitigation is warranted not only for better
consistency with the guidelines, but also because the proposed enhancement work would only require
vegetation removal/planting, rather than channel work and/or bank sloping, and because the cleared
riparian areas are partly attributable to ongoing maintenance by the applicant.
The Commission has no objection to a permit for this project provided:
1. The Nationwide and Final Regional conditions are adhered to, as possible, after-the-fact. Adherence
to Final Regional Condition 1.2 is not necessary to protect trout spawning.
2. Proposed compensatory mitigation is augmented to be consistent with the April 2003 Stream
Mitigation Guidelines.
3. Restored stream channels are designed and constructed according to stable, reference conditions.
4. Native trees and shrubs are planted in the riparian areas of the restoration and mitigation areas.
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 following disturbance.
Erosion control matting is used with seeding on disturbed stream banks and is anchored with
staples, stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along
streams.
6. The ponds are drained down gradually to reduce the amount of sediment flushed downstream.
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. Rock is not placed in stream channels in a manner that impedes flow or aquatic life movements.
Bank armoring at culvert inlets and outlets, if permitted, is restricted to below the high water
mark and vegetation is used above.
Thank you for the opportunity to review and comment on this project. 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.
Frank
Cherokee
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
Page 3 November 18, 2008
cc: Wetland and Natural Resource Consultants
Mr. Kevin Barnett, NCDENR, Division of Water Quality