20061313 Ver 2_WRC Comments_20070619

~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
.-. ---a
TO: John Thomas, Permit Coordinator
Raleigh Office, U.S. Army Corps of Engineers ,JUN ~y 207
FROM: Ron Linville, Regional Coordinator /' 1~NR - h~. <v",::TY
Habitat Conservation Program VVETWID3 AND STui~NAT6R BfiANCH
DATE: June 8, 2007
SUBJECT: Towi-A-Wi Plantation, Chestnut Mountain Farms, Unnamed Tributary Mulberry Creek, Wilkes
County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission
(NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information
provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with 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).
The project is to build a road crossing instead of the previously requested impoundment. Impacts are now indicated
to be 130 linear feet of perennial tributary for the road crossing on the same location.
Based on the information provided by the applicant and our knowledge of the range of trout in the project area, we
do not believe this project will cause direct effects to waters supporting trout. Therefore, we will not object to the
culvert providing that the following recommendations are implemented:
1. Instream work and land disturbance within the 25-foot wide buffer zone is prohibited during the
rainbow trout spawning season of January 1 through April 15 to protect the egg and fry stages of trout
downstream.
2. To the extent practicable, culverts 48" or larger should be buried a foot into the streambed. Culverts
less than 48 inches in diameter should be buried to a depth equal to or greater than 20% their size to
provide aquatic life passage. These measurements must be based on natural thalweg depths. Any
riprap used must not interfere with aquatic life movement during low flows.
3. Work must be accomplished so that wet concrete does not contact streani water.
4. Stringent erosion control measures should be installed where soil is disturbed and maintained until
project completion. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0024).
Thank you for the opportunity to review and comment on this project. ff you have any questions regarding these
comments, please contact me at 3361769-9453.
E-copy: Daryl Lamb, DWQ-WSRO
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Kaleigh, NC; z/byy-r/1I
Telephone: [phone] Fag: [phone]