20070522 Ver 1_WRC Comments_20070607

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~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
TO: Amanda Jones, USACOE ~~' ~J(~:'~~~~ ~i
Asheville Regulatory Field Office ~ !1
FROM: Ron Linville, Regional Coordinator ~~ ~U~ 7 2007
Habitat Conservation Program ~ENR -WATER QUALITY
y~7 eons ",.^!~J 5T0'?~.~~!";~R BRHMCH
DATE: Apri15, 2007
SUBJECT: Town of Newland, North Toe River, Bank Stabilization and Stormwater Wetland
Construction, Avery County
The applicant proposes to stabilize portions of the river and construct stormwater management
facilities. 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 as proposed will consist of a 1.4 acre stormwater wetland to treat runoff from the
Town of Newland and river bank stabilization with natural channel design in channel structures
and native riparian plantings. Temporary seeding will be accomplished with annual grains. The
site will provide enhanced riverine habitats as well as provide "Kids in the Creek" programming
opportunities. This area of the North Toe River is Hatchery Supported Designated Public
Mountain Trout Waters. This river section supports wild Brown trout. Portions of the North Toe
River provide habitat for the Appalachian elktoe, Alasmidonta raveneliana (FE, NCE); Wavy-
rayed lampmussel, Lampsilis fasciola (NCSC); Sharphead darter, Etheostoma acuticeps (FSC,
NCT); Olive darter, Percina squamata (FSC, NCSC); and Blotched chub, Erimystax insignis
(FSC, NCSR}.
Based on our review of the submittal, we will not object to the project as proposed providing the
following non-prioritized recommended conditions are followed:
In stream work and land disturbance within the 25-foot wide trout buffer zone are
prohibited during the brown and brook trout spawning season of October 15 through
April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction.
2. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fag: [phone]

North Toe Stabilization -Fage 2 -
Apri15, 2007
3. If any concrete will be used, work must be accomplished so that wet concrete does
not contact stream water.
4. If practicable, heavy equipment should be operated from the bank rather than in the
stream to minimize sedimentation, to reduce the likelihood of introducing pollutants
to the stream, and to minimize direct species impacts. If equipment work in the river
is necessary, equipment with rubber tires is preferred over metal tracked equipment.
The amount of area involved for in stream equipment activities should be limned to
the immediate work area(s) required to properly install in channel structures.
Equipment should be new or low hour equipment that is well maintained. Petroleum
spill containment materials must be readily available during any in stream equipment
work.
5. Temporary or permanent native herbaceous vegetation should be established on all
bare soil within five (5) days of ground disturbing activities within the twenty-five
(25) foot trout buffer to provide long-term erosion control. We encourage use of
natural fiber matting that degrades instead of plastic matting that is slow to degrade
and that easily entraps small animals. Onsite vegetation and materials may be used
for stream bank stabilization when practicable. Autochthonous plants are
recommended.
6. Paths or trails in greenways should be kept as far away from streams as practicable,
should be made of pervious pavement, and should not exceed minimum widths
required by the Americans with Disability Act (ADA).
7. Permanent protection mechanisms like conservation easements should be provided
for riparian buffers to maintain buffer zones as undisturbed forested environments.
Maximum available buffers should be protected; however, no less than the 25-foot
wide trout buffer should be preserved.
The NCWRC supports the proposed stabilization and stormwater management activities. This
office is informed that biologists with this agency have contributed to project planning.
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 336/769-9453.
E-copy: Kevin Barnett, DWQ-ARO