20130022 Ver 1_WRC Comments_20130114

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
January 14, 2013

Mr. Monte Matthews
U.S. Army Corps of Engineers, Regulatory Branch
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

SUBJECT: WRC Comments on Magnum Application
Pond, UT Stony Fork, Wilkes County

Dear Mr. Matthews:

Mr. James and Bonnie Magnum applied for a permit for a pond that would flood 149 feet of a tributary to
Stony Fork in Wilkes County. The pond and a smaller one upstream have been partially excavated, but
they will be reconfigured and some of the channel restored to reduce the net stream impacts. Comments
from the North Carolina Wildlife Resources Commission on this regulatory 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).

Stony Fork near the site supports a small population of brown trout. We understand that the stream that
was excavated for the ponds is likely too small for fish. We have no major concerns with this project
because the stream is small and the impacts have been reduced. It is not necessary to avoid the remaining
construction during the trout spawning moratorium; we recommend finishing the work and stabilizing the
site quickly. Effective sediment and erosion controls should be used during and after construction to
reduce off-site siltation.

Thank you for the opportunity to review and comment on this regulatory action. Please contact me at
[phone] extension 24 if you have any questions about these comments.

Sincerely,

Dave McHenry, Mountain Region Coordinator, Habitat Conservation Program

ec: Ms. Sue Homewood

Mailing Address:
-1721
Telephone:Fax:
[phone] [phone]