20091312 Ver 1_WRC Comments_20091231

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
Liz Hair, USACOE
Asheville Regulatory Field Office
Ron Linville, Regional Coordinator ZWW
Habitat Conservation Program
December 22, 2009
Town of Newland Flood By-Pass Channel and Floodplain Improvements, North
Toe River WS-V, Trout), Avery County
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The applicant proposes to provide flood management and stream stabilization improvements to
ameliorate flood issues. 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 to create a vegetated flood bypass channel (60' x 536') to help alleviate some
flooding in the Town of Newland related to natural channel restrictions and anthropogenic
floodplain modifications. Additionally, the project involves stabilizing 600 linear feet of the
North Toe River. Culvert and bridge improvements are proposed as are piping associated with
the Newland Shopping Center's stormwater diversions into a new treatment facility. Boulder toe
protections and in-stream rock vanes are proposed. Although some reproducing Brown trout
may be present in the area, their numbers are not deemed substantial as habitat values are
diminished. The river is NCWRC Hatchery Supported (HS) waters, some of which are
"Mountain Heritage" designated. No listed species are indicated for this reach.
Based on our review of the submittal, we will not object to the project providing the following
non-prioritized recommendations are implemented to the extent practicable:
1. Where practicable, existing and proposed hard stabilization measures should be
replaced with softer techniques, including root wads, j-hooks, etc. which are used
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Newland Flood By-Pass Project Page 2
December 22, 2009
routinely for natural channel restorations. In addition, sloped, deep-rooted riparian
banks and softer techniques are recommended over new hard wall structures.
2. To the maximum extent practicable, 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. Aquatic life passage
should be assured during low flow or drought conditions. Any riprap or boulders
used for the project should not interfere with aquatic life movement during low flows.
Reforested riparian buffers contiguous with the project area should be provided to the
extent practicable. At a minimum the twenty-five (25) foot trout buffer should be
restored and remain undisturbed. Remaining jurisdictional waters and wetlands
within and ancillary to Newland 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. For
streams that do not support federally listed threatened or endangered aquatic species,
we recommend 50' intermittent and 100' perennial stream buffers. Community
walking trails may be placed in buffer zones providing they are kept away from
streams to the maximum extent practicable and the buffer widths do not exceed
minimum width requirements specified in the Americans with Disabilities Act
(ADA).
4. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B.0124).
5. From a holistic watershed perspective, the Cranberry Erosion Control measures
depicted on plan page EC-4 should be thoroughly re-evaluated to ascertain if
additional stormwater treatment measures can be provided. This new piping appears
to convey both a previously buried perennial stream and urban stormwater issues
from businesses and parking lots. This evaluation should include the potential for
pre-pipe treatment of stormwater, including additional detention, for non-flooding
events. Additionally, day-lighting the buried stream by rerouting it using natural
channel design methodologies should be evaluated as this should provide additional
community aesthetics as well as water quality and aquatic habitat benefits for the
stream and the river. The provision of stormwater management in conjunction with
day-lighting could reduce the need for in the river check dams and hard stabilization.
6. If any concrete will be used, work must be accomplished so that wet concrete does
not contact stream water.
7. Where practicable, 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. Where this is not possible, only well-
maintained, clean and new (low-hour) equipment should be used in waters. Spill

Newland Flood By-Pass Project
Page 3
December 22, 2009
containment equipment/materials should be readily available on the site for the
duration of the project.
8. The project should be accomplished during the early growing season instead of in
winter when the ground can be frozen so that earth moving and plant growth can
occur without unnecessary delays. 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. Temporary vegetation should be done using
annual wheat or oats. Restored streams and 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.
9. The storage of potentially environmentally damaging chemicals, petroleum products,
materials, equipment and garbage should be discontinued along the river where
flooding is a known threat. Extensive clean up of the riverbanks should be pursued as
well as sloped banks.
10. Utilities that currently impede aquatic life passage during low or normal flows should
be relocated in a manner that impediments to passage are eliminated.
11. Existing floodplain benching should not be modified to the extent that natural stream
dimensions and aquatic life passages are disrupted.
Thank you for the opportunity to review and comment on this project during the early planning
stages. Please give careful consideration to item number five (5) above as improvements from
day-lighting the stream and the provision of stormwater management could be significant to
local aquatic ecosystem health. If you have any questions regarding these comments, please
contact me at 336-769-9453.
E-copy: Kevin Barnett, Linda Wiggs, DWQ-ARO