20101061 Ver 1_Other Agency Comments_20101223

9 North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
December 23, 2010
Mr. Tyler Crumbley
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: 404 Permits/401 Certifications for 2010-2011 Stabilization Projects on Lake Toxaway
Transylvania County
Dear Mr. Crumbley and Mr. McMillan:
I received numerous applications to conduct shoreline stabilization, mostly seawall replacements, along
Lake Toxaway in Transylvania County. I visited several of the sites on December 17 and 22, 2010 to
assess the potential impacts of these projects on aquatic and shoreline habitats. Most of the projects and
their impacts should be similar in nature, so please consider these comments for all stabilization projects
to be conducted on the lake during the 2010-2011 seasons. Comments from Commission staff on these
projects 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).
These projects will not harm trout spawning and do not need to be avoided during the trout moratorium.
Natural cover such as boulders and large fallen trees, which provide spawning and rearing habitats for
sunfish, black bass, and other fishes, are sparse along the lake edge due to extensive development. Most
shallow water cover that is available includes docks and covered boat houses (and accumulated branches
and trash therein) as well as an extensive, but low growing, cover of mostly pondweeds. This vegetation
provides some cover and foraging areas for small fish as well as forage for waterfowl including the
mallards, buffleheads, American coots, and ring-necks I observed during the visit.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Lake Toxaway
Transylvania
Page 2 December 23, 2010
Projects that involve construction either along undeveloped shorelines or water-ward of existing walls and
structures will eliminate shallow water habitat. To help offset these fish habitat losses, we recommend
that stabilization either consist of dry-stack boulders or conventional walls with some rip rap lining the
bases or wall "toes". These measures, which are consistent with guidelines on power supply reservoirs in
the mountains, would provide some physical shoreline complexity for fish and invertebrates that is not
afforded by vertical seawalls alone. Also, rip rap dissipates wave energy better than walls and thereby
helps prevent them from undermining and collapse. Regardless of whether required by
permit/certification, we recommend that applicants incorporate these measures in order to help conserve
the fisheries in the lake.
Thank you for the opportunity to review and comment on these permit actions. Please contact me at
[phone] extension 24 if there are any questions about these comments
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. K. Barnett, NCDENR, Division of Water Quality
Applicants