20100198 Ver 1_WRC Comments_20100323

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North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM UR@Ro V
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TO: David Baker, Scott Jones, USACOE MAR 2 3 Zolo v
Asheville Regulatory Field Office
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FROM: Ron Linville, Regional Coordinator /PPW UNOSANO St'oRMWA11t BRAA 1
Habitat Conservation Program
DATE: March 19, 2010
SUBJECT: Shane Vance, Rose Creek Restoration, Rose Creek (C-Trout), Mitchell County
The applicant proposes to stabilize and restore portions of Rose Creek. Biologists with the North
Carolina Wildlife Resources Commission 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 will restore and stabilize about 850 linear feet of stream using natural channel design
technologies. The project is indicated to promote a Brook trout fishery if possible. The project as
proposed will use intensive log and boulder steps and constructed riffles.
Although we prefer and recommend further evaluation of J-hooks and angled log vanes (may provide
additional fish habitats and holding areas) to increase water depth and meandering instead of the steps
proposed, we will not object to the project providing the following conditions are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during
the rainbow trout spawning season of January 1 through April 15 to protect the egg and fry
stages of trout.
2. Sediment and erosion control measures should adhere to the design standards for sensitive
watersheds (15A NCAC 4B .0124).
3. If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water. This will lessen the chance of altering the stream's water chemistry
and causing a fish kill.
4. 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. If this is not possible, the equipment should be new or clean and well maintained.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Rose Creek Restoration Page 2
March 19, 2010
Petroleum spill containment equipment/materials should be readily available (24/7) on the
site.
5. Natural fiber matting is recommended over plastic matting that can impinge and entrap small
animals.
6. Only native plants should be used for the project although temporary cover may be provided
by using grain crops such as wheat or oats. Rye grasses are not recommended.
7. If any public funds will be used for the project, permanent conservation easements should be
provided for the 25-foot trout buffer (at a minimum). Preferably perennial buffers without
listed aquatic species should be a minimum 100-foot in width.
8. A NC Division of Land Resources trout waiver may be necessary prior to beginning work in
the stream and within its buffer zone.
Generally, this project should benefit aquatic life. We would like to see more habitat enhancement if
practicable. The log and rock steps are placed perpendicular to the streambanks. It would enhance
habitat values and stream functions if these structures could "follow the contour" of the stream and allow
for a continuous meandering thalweg. Inclusion of log/rock j-hooks (or "L-hooks" depending on the W/D
ratio) could improve habitats. The vane arms could be installed below the inner-berm elevation, just
above base flow water elevation and have vane slopes of two (2) to three (3) percent. This would provide
grade control and bank protection plus increase stream complexity and habitat. Restricting the base
channel width in the pool could help create deeper pools while providing better holding habitat for trout.
Water free falling over these structures should not be greater than six (6) inches (height) to help fish
passage although a "notched" thalweg is preferred and recommended. Our biologists have concerns
about the typical riffle wetted channel width indicated as it appears twelve (12) feet wide. The diameter
of the pipe at the projects upstream end is only 30 inches. Thus, the designed wetted channel width maybe
too wide to allow for adequate fish habitat and passage. It is important that base flow water depth in
riffles have enough permanent depth to allow for aquatic life and fish passage.
Permanently protecting and providing forested stream buffers is essential to the maintenance of wild trout
and their aquatic habitats. According to US Army Corps policy, the establishment and maintenance of
riparian areas can be required by the district engineer as compensatory mitigation to ensure that the
activity results in minimal individual and cumulative adverse effects on the aquatic environment.
Compensatory mitigation projects can include areas that are not waters of the United States, as long as the
mitigation is directly related to the impacts of the proposed work on such waters and appropriate to the
scope and degree of those impacts. Riparian areas are integral components of streams and other open
waters, and are essential for their ecological integrity and function. The establishment and maintenance of
riparian areas as compensatory mitigation for activities authorized by Corps permits and other types of
permits also advances the objective of the Clean Water Act, which is to "restore and maintain the
chemical, physical, and biological integrity of the Nation's waters."
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-WILD (9453).
E-copy: Kevin Barnett, Linda Wiggs, DWQ-ARO