20051216 Ver 2_WRC Comments_20100330

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North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
March 29, 2010
Mr. David Baker
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
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SUBJECT: East Yancey Water and Sewer District Nationwide 12 Permit Application
Little Crabtree and Ayles Creeks, Yancey County
Dear Mr. Baker and Ms. Karoly:
The East Yancey Water and Sewer District requested comments from the North Carolina Wildlife Resources
Commission (Commission) on 404 Permit and 401 Water Quality Certification applications. The project
involves 14 sewer line crossings of Little Crabtree Creek, Ayles Creek, and their tributaries and construction
of a wastewater outfall in the South Toe River. Most of the crossings were permitted previously, but the
permit expired. Comments from the Commission are provided under provisions of the Clean Water Act of
1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
Little Crabtree and Ayles creeks support wild trout and are classified C Trout by the Division of Water
Quality. The proposed project has the potential to harm trout resources, particularly if construction occurs
in streams during the spawning season. In addition, sensitive species of aquatic life occur downstream of
the project area in the South Toe River. These include the blotchside darter and the Appalachian elktoe.
The river at its confluence with Little Crabtree Creek is designated critical habitat for the elktoe; the
highest density of mussels is found in this reach.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-17211
Telephone: [phone] - Fax: [phone]
East Yancey Water and Sewer District Page 2 March 29, 2009
Yancey
Because of sensitive species, the Commission is particularly concerned about sedimentation in waters
downstream of the numerous open trench crossings and considerable riparian soil and vegetation
disturbance in the utility corridors. For these reasons, directional boring should be used for some
crossings, particularly those nearest the river. Borings will already be used with this project to transit
some roads, so its use with some stream crossings should be more practicable than if the equipment had to
be mobilized.
In addition to consulting with the U.S. and Wildlife Service under Section 7, the Commission requests
that the following conditions be attached to the permit to help minimize the project's adverse effects on
aquatic resources:
1. Excavation in flowing water and bank disturbance at sites 1-12 must be avoided from January 1 to
April 15 when rainbow trout are spawning. The work at sites 13 and 14 must be avoided from
October 15 to April 15 when rainbow and brook trout are spawning.
2. Rock, sand, or other materials must not be excavated from stream channels except in the immediate
permitted areas.
3. The stream channels must be restored to stable and near natural conditions after completing the pipe
installations. The stream bottoms should not be covered with rip rap and any rock used for
stabilization should be limited to below the normal high water level.
4. Sediment and erosion control measures for sensitive watersheds (15A NCAC 4B .0124) must be used
and maintained until all disturbed soils are permanently stabilized. All bare soil should be seeded as
soon as possible following ground disturbance. Erosion control matting should be used with seeding
on disturbed stream banks and anchored with staples, stakes, or, wherever possible, live stakes of
native trees.
5. Vegetation should be used for stabilization above the ordinary high water level.
6. Any concrete work must be isolated from water because uncured concrete can kill aquatic life.
7. Sandbags, flexible pipe, or other temporary diversion structures must be used to avoid excavation in
flowing water.
8. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible.
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452-
0422 extension 24 if there are any questions about these comments.
Sincerely,
;,/A .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Randall Hintz, McGill Associates
Mr. Bryan Tompkins, U.S. Fish and Wildlife Service