20210608 Ver 1_WRC Comments_20210701

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
July 1, 2021

Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

SUBJECT: Mills River Park Bank Restoration
Mills River, Henderson County

Dear Mr. Brown,

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to
stabilize 1,075 ft of the Mills River in Henderson County. NCWRC staff attended a site visit on June 29,
2021. Our comments on this application are offered for your consideration under provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).

Work in the Mills River should not impact trout reproduction, and project activities do not need to be
avoided during the trout spawning moratorium. However, the site is part of the Mills River Aquatic
Habitat, a NC Natural Heritage Program natural area rated Very High due to the richness of rare species it
supports. Species in the vicinity of the project include Appalachian Elktoe [Alasmidonta raveleniana, US
Endangered (E), NC E], Slippershell [Alasmidonta viridis, US Federal Species of Concern (FSC), NC E],
Creeper (Strophitus undulatus, NC Threatened), Eastern Hellbender [Cryptobranchus alleganiensis, US
FSC, NC Special Concern (SC)], and Blotched Chub (Erimystax insignis, NC SR). NCWRC staff have
surveyed the impact area in the past and have found listed mussels. Excellent sediment and erosion
control are essential to minimize impacts to these important species.

The project involves the placement of two rock vanes, removal of trees that are in danger of falling or are
on a berm to be lowered, construction of toe wood, removal of non-native vegetation, and planting of
native riparian vegetation. Existing river cane will be transplanted. A temporary rock ford may also be
constructed to access the left descending bank. In-stream machinery access will be limited to the rock
vane and ford construction. Work will be done at low flows and disturbed areas stabilized at the end of
each workday.

We appreciate the efforts of the Town, the Mills River Partnership, and the designer to address natural
resource concerns. Tree removal must be limited to only those trees that are at risk of falling in the next
Mills River Park Restoration Page 2 June 1, 2021
Mills R, Henderson Co
several years. Trees such as the large tree on the left bank should be left standing, as they provide
excellent habitat and stabilization.

Due to the potential for the project reaches to support listed mussels and hellbenders, NCWRC and US
Fish and Wildlife (USFWS) biologists will survey for and relocate animals before the project begins.

We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. The applicant should notify Luke Etchison ([e-mail]) and Andrea Leslie
([e-mail]) at least 3 weeks before project construction is to begin so the affected
reaches can be surveyed for mussels and hellbenders and found animals relocated.
2. Heavy machinery movement in the channel should be minimized as much as possible to avoid
crushing animals and compacting the substrate.
3. As discussed at the site visit, native substrate should not be used to form coffer dams, and
construction rock should be used instead. In addition, construction rock should be used as a coffer
dam off the toe wood areas in order to capture any soil; lost soil should be dug out and placed away
from the stream before the coffer dam is removed.
4. Be vigilant with sediment and erosion control during site staging, construction, and cleanup. We
appreciate the plan specification that disturbed areas be ‘storm-ready’ at the end of each day; this is
extremely important at this site.
5. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting
frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years.
6. The planted buffer width is estimated to be 25 ft on the right bank. We recommend that a much wider
woody buffer be established to ensure project success and long-term bank stability. We understand
that the width of the buffer is limited by the walking trail, and we ask the Town of Mills River to
consider moving the walking trail to allow a wider buffer. A wide forested buffer can ensure greater
bank stability, filter overland pollutants, and provide habitat for birds and other wildlife.
7. If Eastern Hellbenders are disturbed during construction, they should be captured in a bucket and
moved away from the area of disturbance. Contact Lori Williams ([e-mail]) if
animals are seen.
8. We ask that a pre-construction meeting be held with the contractor and agency representatives,
including NCWRC.

Thank you for the opportunity to review and comment on this project. Please contact me at (828) 400-
4223 if you have any questions about these comments.

Sincerely,

Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program

ec: Kaylie Yankura, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service
Luke Etchison, and Lori Williams, NCWRC
Zan Price, Jennings Environmental
Nicole Sweat-Parks, Town of Mills River
Maria Wise, Mills River Partnership