20091063 Ver 1_WRC Comments_20091103

K"I'North Carolina Wildlife Resources Commission K?
Gordon Myers, Executive Director
November 3, 2009
Ms. Liz Hair
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: 404 Permit and 401 Water Quality Certification for Town of Lake Lure
Dredging and shoreline stabilization, Lake Lure, Rutherford County
DWQ NO. 09-1063
Dear Ms. Hair and Ms. Karoly:
The Town of Lake Lure requested comments from the North Carolina Wildlife Resources Commission
(Commission) for a 404 Permit from the U.S. Army Corps of Engineers and a 401 Water Quality
Certification from NCDENR, Division of Water Quality. These authorizations would cover dredging
5.26 acres of lake bottom in four areas near stream confluences and about 8,400 feet of shoreline
stabilization projects on 56 failing seawalls and bulkheads. Comments from Commission staff 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).
Shallow water bottom and complex shoreline structure, most notably fallen trees and other large woody
debris (LWD), are important habitat components for various sunfish, largemouth bass, and other fishes in
the lake. They also are used by many reptiles and birds for perching, basking, and foraging areas.
Shoreline stabilization projects often eliminate important aquatic and shoreline habitats. Seawalls,
bulkheads and other vertical structures also direct wave action downward, which is why they eventually
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Town of Lake Lure Page 2 November 3, 2009
Rutherford
fail. Where shoreline hardening is unavoidable, rip rap is a better choice as it more effectively dissipates
wave action and it is more durable than walls. Also, it provides some habitat complexity for fish and
wildlife resources.
We support some of the measures outlined in the application for conserving fishery and other aquatic life
in the lake. Most notably, avoiding the dredging during the primary fish spawning period (March 1 to
June 30), restricting shoreline stabilization to times when the lake is drawn-down, and requiring rip rap
placement along existing or new walls should help mitigate the adverse effects of the proposed work. The
latter will help offset the loss of natural habitat complexity caused by walls. We recommend that these
measures be requirements in any permits/authorizations that you may issue for the projects.
Commission staff has not been able to visit the projects sites; however we do have some general
suggestions for additional measures that will further conserve fishery resources in the lake. We
recommend that the following measures also be requirements in any permits/authorizations that you may
issue for the projects:
1. Stabilization is not authorized unless the shoreline is actively and appreciably eroding.
2. Where shoreline stabilization is proposed, bioengineering and simple rip rap placement alone
must be given priority over vertical seawall construction or reconstruction. Bioengineering with
shoreline reshaping, matting, and native plant establishment may be possible in protected cove
locations where wave action is minimal.
LWD that is secure on shorelines must remain in place or be temporarily moved and re-secured to
the shoreline after stabilization is undertaken.
We also recommend that the Town incorporate theses measures, particularly maintenance of LWD, into
its existing ordinances for shoreline stabilization.
Thank you for the opportunity to review and comment on this permit action. Please contact me at (828)
452-2546 extension 24 if there are any questions about these comments
Sincerely,
-;,/A .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Jake Rash, NC Wildlife Resources Commission
Mr. Chuck Cranford, NCDENR, Division of Water Quality