20071072 Ver 1_WRC Comments_20070705

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®North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
July 5, 2007
Ms. Lori Beckwith
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: Town of Maggie Valley, Mr. Timothy Barth
Nationwide Permit Application for WWTP outfall improvements on Jonathan Creek
Haywood County
Dear Ms. Beckwith and Mr. McMillan:
McGill Associates requested on behalf of Mr. Timothy Barth of the Town of Maggie Valley a letter of
concurrence from the North Carolina Wildlife Resources Commission (Commission) fora 404 Permit from the
U.S. Army Corps of Engineers (ACOE). Comments from the Commission are provided 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).
The project involves constructing a new outfall structure in Jonathan Creek (classified C Tr) for the Maggie Valley
WWTP. About 10 feet of the stream would be impacted.
Jonathan Creek near the project site is stocked with trout and supports some reproduction by brown and rainbow
trout as well. The project may harm trout, particularly is construction caused sedimentation during the spawning
season.
If the project is permitted, then the Commission can concur if these conditions are applied to help conserve aquatic
habitat:
1. The Nationwide and Final Regional conditions are adhered to. This includes doing the construction in the
stream and trout buffer outside of the October 15 to April I S period to protect trout spawning (Final Regional
Condition 1.2).
2. Uncured concrete is not allowed to contact the stream.
3. Effective sediment and erosion control measures are used and maintained during construction. Erosion control
matting is used with seeding along streams. Bare soils are seeded as soon as possible following grading.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Maggie Valley Page 2 July 5, 2007
Haywood
Thank you for the opportunity to review and comment on this project. Commission staff may inspect the site
during or after construction. If there are any questions regarding these comments, please contact me at (828)
452-2546 extension 24.
Sincerely,
~~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Town of Maggie Valley, Mr. Timothy Barth
Mr. Kevin Barnett, NC Division of Water Quality, Asheville