20061539 Ver 2_WRC Comments_20120723 (2)

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
July 23, 2012
Ms. Amanda Jones
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: Grey Rock Community Association Individual Permit Application
Grey Rock Subdivision, Rutherford County
Action ID 2012 - 010 -01013
DWQ No. 06- 1539v2
Dear Ms. Jones and Mr. McMillan:
The Grey Rock Community Association requested an Individual Permit to fill 0.03 acre of wetlands and 467
feet of tributaries to Bailey and Taylor's creeks to complete the Grey Rock Subdivision in Rutherford County.
I visited the property on several occasions, most recently on July 20, 2012. Comments from the WRC on this
permit action are offered for your consideration 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).
In addition to the 2005 Nationwide Permit for the two improved crossings ( #s I and 9), in 2006 Land
Resource Companies (previous owner) also applied for a permit to restore at least 750 feet of logging road
stream crossings within the development. According to that application, the remainder of the stream
crossings for new roads would be bridged without additional impacts. The road lay -out and design from 2006
is similar to the current proposal that now includes over 450 feet of stream impacts.
We sampled Bailey Creek in 2005 and again in 2012, but did not find trout. We would expect fish to be in
this creek near crossing #l, but the stream here has been degraded by massive amounts of silt. Taylor Creek
and Rosy Branch, the latter of which should not be directly affected, reportedly support wild rainbow trout
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721
Telephone: [phone] - Fax: [phone]

Grey Rock Page 2 July 23, 2012
Rutherford
populations. Work in streams in these watersheds (only crossing #7 ?) should be avoided from January 1 to
April 15 when rainbow trout will attempt to spawn there. The streams at most of the crossings do not support
fish, so the moratorium in the Taylor Creek watershed is requested because the stream channels are steep and
the potential for downstream siltation is high.
Green salamanders are a state listed amphibian that has been found on the property. We would like to discuss
with the applicant how they can help conserve this species. Ms. Lori Williams should be contacted (828/ 712-
9117) if there is an interest in informing future residents of the development about green salamanders and
their conservation needs. One conservation measure to implement is preservation of vegetation immediately
around rocky outcrops; this salamander ventures from rock outcrops to feed among trees at night.
A primary concern with this project is the potential for more siltation in streams. As already noted, steep
topography here increases this potential. This development had appreciable erosion problems that were
poorly managed during initial road construction work. NCDENR required sediment removal in Bailey Creek
near impact site #1. This stream is still laden with excessive amounts of silt, presumably from ongoing
erosion in the watershed.
We recommend that the following specific issues be fully considered and addressed as part of the permit
action:
1. Bridging of all stream crossings, as proposed in 2006, may be undesirable. However, bridging some
of the larger stream may be warranted as avoidance. As currently proposed, impacts would not be
avoided for any of the stream crossings.
2. Impact #9 will not be needed for a subdivision road, so its removal and restoration of the site should
be considered.
3. Erosion controls for sensitive watersheds (15A NCAC 4B .0124) are recommended to better protect-
streams that are already impacted by excessive sediment.
4. Culverts must be sized and installed so that stream channel scour is minimized. In this situation, we
would prefer that culvert outlets include rock dissipaters (as needed), rather than have the channels
downstream of culverts scour over the next several years.
Thank you for the opportunity to review and comment on this permit action. Please contact me at (828)
452 -2546 extension 24 if you have any questions about these comments or would like further assistance.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Gray Hauser, NCDENR, DLR
Mr. Tim Fox, NC Division of Water Quality
Ms. Jeffrey Garnett, USEPA
Mr. Clement Riddle, Clearwater Environmental Consultants