20201025 Ver 1_WRC Comments_20200921

r
IQ North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
September 21, 2020
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Sibelco — 011is Waste Area Expansion
UTs to Brushy Creek and wetlands, Avery County
SAW-2019-01042
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
individual permit application to culvert 347 ft of two unnamed tributaries (UTs) of Brushy Creek
and fill 0.274 acre of three wetlands in Avery County. I attended a site visit with the applicant
and regulatory staff on March 12, 2020. 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 should not be impacted by this project, and a moratorium is not needed. The project is
upstream of the North Toe River, which is recognized by the NC Natural Heritage Program as the
North Toe River/Nolichucky River Aquatic Habitat, a natural area rated Very High for the
richness of rare species it contains. In the vicinity of the project, Mimic Shiner (Notropis
volucellus, NC Threatened) and Eastern Hellbender (Cryptobranchus alleganiensis, US Federal
Species of Concern, NC Special Concern) are found. Further downstream, Anglers use this
resource in the spring and summer. The North Toe River is on the 303(d) list of impaired waters
for excess turbidity. In order to protect the aquatic community of the North Toe River, it is
essential to employ effective sediment and erosion control and stormwater management at the
site.
The impacts are associated with the expansion of a tailing disposal site within a 56-acre parcel
that would allow 3.3 million tons of tailing disposal, which is estimated to provide capacity for
17.3 years of mining disposal. A large part of the site has been previously disturbed for mining
activities.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Sibelco 011is Waste Area Expansion Page 2 September 21, 2020
UTs Brushy Cr & wetlands, Avery Co
Due to the location and size of this tailings spoil area, it has the potential to impact the North Toe
River, which is a focus of restoration and supports numerous state and federal listed species,
including the Appalachian Elktoe (Alasmidonta raveneliana, US and NC Endangered). The
permit application does not include a description of erosion and sediment control measures for
the proposed activities. We ask that the applicant provide a description and applicable drawings
of erosion and sediment control measures that are planned for the site.
Mitigation is proposed at 1:1 for 197 ft of impact to Stream 4 (NCSAM score -Medium), 2:1 for
150 ft of impact to Stream 3 (NCSAM score -High), 1:1 for 0.035 acre impact to Wetland 16 and
0.190 acre impact to Wetland 17 (NCWAM score -Low), and 2:1 for 0.150 acre impact to
Wetland 2 (NCWAM-High). We recommend that a mitigation ratio of 2:1 be used for all stream
impacts, as impact streams rated Medium and High through NCSAM, and the streams drain to
the North Toe River.
We offer the following recommendations to minimize impacts to fish and wildlife resources:
l . It is essential that good erosion and sediment control be used throughout the project's
lifetime. Disturbed areas should be stabilized as quickly as possible, and road beds and
banks maintained so they do not serve as sources of sediment.
2. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
3. We recommend using a quick growing seed such as Wheat, Rye Grain or Oats and a
permanent native seed mix, with an emphasis on forbs and grasses that would benefit
pollinators.
4. We recommend that the applicant consult with NCWRC and US Fish and Wildlife Service to
develop their long-term reclamation plan, which should emphasize native wildlife -friendly
vegetation.
5. We recommend that a mitigation ratio of at least 2:1 be used for all stream impacts.
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,
lnaPn�-��
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Tyson Kurtz, Clearwater Environmental
Andrew Moore, NC Division of Water Resources
Byron Hamstead and Karla Quast, US Fish and Wildlife Service