20200790 Ver 1_WRC Comments_20200714

9 North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
July 14, 2020
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Foster Creek Stream Restoration
Foster Creek, Henderson County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to restore 2,740 ft of Foster Creek in Henderson County. Our comments on this
application are offered for your consideration under provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
Wild trout reproduction should not be impacted by the project, and a trout moratorium is not
needed. However, the site immediately above the confluence with the Mills River, which is part
of the Mills River Aquatic Habitat, a natural area rated as Very High by the NC Natural Heritage
Program due to the richness of rare aquatic species it supports. Species in the vicinity of the
confluence of Foster Creek with the Mills River include Appalachian Elktoe [Alasmidonta
raveleniana, US Endangered (E), NC E], Slippershell [Alasmidonta viridis, US Federal Species
of Concern (FSC), NC E], Creeper (Strophitus undulatus, NC Threatened), Eastern Hellbender
[Cryptobranchus alleganiensis, US FSC, NC Special Concern (SC)], and Blotched Chub
(Erimystax insignis, NC SR). Excellent sediment and erosion control are essential to minimize
impacts to these important species.
We are supportive of the project, as this reach of Foster Creek is eroding and contributing
sediment to the Mills River. The application proposes to stabilize eroding reaches of stream with
a various instream structures, including constructed riffles, cross -vanes, j-hooks, brush toe with
geolifts, and riprap and boulder toe with geolifts. Banks will be graded and a native riparian
buffer of 20-30 ft will be planted. Work will not be done in the dry, and flows will be diverted
around work areas when equipment is working in the wet. New reaches of channel will be
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Foster Creek Restoration Page 2 July 14, 2020
Foster Cr, Henderson County
constructed off-line. If a backwater is formed by the Mills River, a turbidity curtain will be used
at the bottom of the project.
We offer the following recommendations to minimize impacts to the aquatic community:
1. In -channel work should be accomplished as quickly as possible and vigilance used in
sediment and erosion control during site preparation, construction, and clean up. Disturbed
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each work day. At a minimum, disturbed areas should be stabilized within five working days
or seven calendar days, whichever is shorter.
2. Special care should be used to reduce the potential for sediment loss from the site.
3. Work should be completed at low flows.
4. Any erosion control matting used should be free of nylon or plastic mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
5. As soon as a stream reach is taken off-line, any stranded animals (e.g., fish, salamanders,
crayfish, aquatic insects) should be captured and relocated into the flowing stream.
6. If any hellbenders are found during project construction, animals should be captured in a
bucket and relocated to the Mills River upstream of Foster Creek. Please notify Lori
Williams (lori.williamskncwildlife.org) if animals are found.
7. Replace River Birch with another species (e.g., Sweet Birch), as River Birch is typically only
found in large river floodplains.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Zan Price, Jennings Environmental
Kaylie Yankura, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service
Luke Etchison and Lori Williams, NCWRC