20090713 Ver 2_Other Agency Comments_20091218

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North Carolina Wildlife Resources Commission P
Gordon Myers, Executive Director
MEMORANDUM
TO. Liz Hair, USACOE ((v,?
Asheville Regulatory Field Office DEC 1
8 2009
FROM: Ron Linville, Regional Coordinator DENR - WATER QUALITY
Habitat Conservation Program WETLANDS AND STOnVATER BRANCH
DATE: December 3, 2009
SUBJECT: David Jennings, Berry Road, Unnamed Tributary Watauga River, Avery County
The applicant proposes to relocate an intermittent stream and install a culvert. Biologists with the North
Carolina Wildlife Resources Commission (NCWRC) are familiar with habitat values in the area. These
comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S.
113A-1 through 113A-10; NCAC 25).
The project is indicated to relocate an intermittent stream to its original location to correct erosion
occurring on the site. A 48-inch HDPE drain pipe is to be installed. The installation of the HDPE pipe
has already been done and twenty (20) feet of stream has been impacted to direct stream flows. Waters in
the area are NC Division of Water Quality classification B, Trout HQW. Brook and Rainbow trout are
known from the river. Additionally, NCWRC Wild Trout Waters are specifically established as
Designated Public Mountain Trout Waters supporting wild trout are present downstream. Further
downstream in the Watauga River in Watauga County, the Hellbender, Cryptobranchus alleganiensis
(NCSC, FSC) is indicated as are Brown trout.
Based on our review of the submittal, we will not object to the project providing the following
recommended conditions are followed:
1. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the brown and brook trout spawning season of October 15 through April 15 to protect
the egg and fry stages of trout from off-site sedimentation during construction.
2. If practicable, the channel should remain day-lighted instead of piped by using natural stream
design methodologies and native riparian vegetation. If the channel is piped and straightened,
stormwater management should be provided if practicable and feasible for the project.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Berry Road Stream Relocation Page 2
December 3, 2009
If the intermittent stream must be piped, culverts 48" or larger should be buried a foot into the
streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or
greater than 20% their size to allow for aquatic life passage. These measurements should be
based on natural thalweg depths. Seasonal aquatic life passage should be assured during
periods of flow and dryer conditions. Any riprap used should not interfere with aquatic life
movement during low flows.
4. Remaining jurisdictional waters and wetlands should be buffered, either through protection or
provision of undisturbed forested buffer zones. Buffers should be permanently preserved as
common contiguous forest areas instead of being subdivided into portions of individual lots.
For streams that do not support federally listed threatened or endangered aquatic species, we
recommend 50' intermittent and 100' perennial stream buffers. Maximum available buffers
should be provided; however, the twenty-five (25) foot trout buffer should remain
undisturbed to the maximum extent practicable.
5. Sediment and erosion control measures should adhere to the design standards for sensitive
watersheds (15A NCAC 4B .0124).
6. If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water.
Heavy equipment should be operated from the bank rather than in the stream channel in order
to minimize sedimentation and reduce the likelihood of introducing other pollutants into the
stream.
Temporary or permanent native herbaceous vegetation should be established on all bare soil
within five (5) days of ground disturbing activities in the twenty-five (25) foot trout buffer to
provide long-term erosion control. Natural fiber matting is recommended over plastic
matting that can impinge and entrap small animals. Streambanks should be planted with
autochthonous (native) plants like silky dogwood, rhododendron, dog hobble, mountain
pepperbush, paw paw, red maple, silky willow, tag alder, black willow, sycamore, river birch,
or other native woody species.
Thank you for the opportunity to review and comment on this project during the early planning stages. If
you have any questions regarding these comments, please contact me at 336-769-9453.
E-copy: Kevin Barnett, Linda Wiggs, DWQ-ARO