20070721 Ver 1_WRC Comments_20070626

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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
June 26, 2007
Ms. Loretta 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: City of Hendersonville, Lee Smith
Nationwide Permit Application for dredging North Fork Mills River Reservoir
Henderson County
Dear Ms. Beckwith and Mr. McMillan:
The City of Hendersonville requested 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 hydraulically dredging sediment from the Hendersonville Reservoir on the North Mills River.
Dredged spoil will be piped to a location downstream of the reservoir and filtered with silt bags. Filtrate will be
detained in a sediment basin before discharge to the river. A sand filter basin was described at the pilot test of the
silt bags.
The North Mills River downstream of the reservoir is stocked with trout. It also supports wild populations of
rainbow and brown trout. In addition, several sensitive species of aquatic life such as Tennessee heelsplitter (State
E FSC), slippershell (State E), and Appalachian elktoe (State E and Federal E) mussels are found in the watershed
a considerable distance downstream of the reservoir. Because of trout and other sensitive species in the area, it
will be important to closely monitor the discharge from the dewatering structure and discontinue the work should
water quality standards be exceeded.
The plans show an 18-inch drainage pipe under reservoir road at the disposal site. Grading in this area may need
to reconstruct or relocate this drainage. If this is not necessary, then its integrity should be evaluated since the site
will hold the sediment bags.
The plans also show a rock dissipater for the sediment basin outfall that is in the river. This structure should be
constructed on the bank, if possible, to facilitate removal of the material following the dredging.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

City of Hendersonville Page 2 June 26, 2007
Henderson
If the ACOE permits this project, then the Commission recommends that the Nationwide Permit conditions be
strictly followed. In addition, the Commission recommends that the following conditions be part of the permit and
used to minimize adverse effects of the project on fish and wildlife resources:
1. In accordance with Final Regional Condition 1.2, dredging and disturbance of the trout buffer along the
river does not occur from October 15 to April 15 of any year to avoid possible harm to trout spawning.
2. Sediment and erosion control measures for sensitive watersheds (15A NCAC 04B .0124) are used and
maintained until all disturbed soils are permanently stabilized. Double row silt fencing should be used
between the sediment dewatering area and the river. All bare soil is seeded as soon as possible following
ground disturbance. Erosion control matting is used with seeding on disturbed stream banks and is anchored
with staples, stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
3. Turbidity is monitored downstream of the lake and filtrate discharge during dredging to ensure compliance
with the standard for trout waters.
4. Excavated materials are disposed of and stabilized in a suitable upland location.
5. Rock, sand, or other materials are not excavated from waters except in immediate permitted areas.
Instream dredging has severe, adverse effects on aquatic life and disturbance of the natural form of stream
channels can cause erosion.
6. All heavy equipment operated near streams is inspected and maintained regularly to prevent contamination
by fuels, lubricants, or hydraulic fluids.
7. Hydroseed mixtures and wash-waters do not reach streams.
8. Disturbance of vegetation, particularly trees and shrubs, is minimized at the disposal site and wherever access
by heavy equipment is required. Roots are left in the ground (e.g. no grubbing) to resprout in temporary
access areas. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch,
red maple) is replanted where vegetation is permanently removed in order to provide bank or shoreline
stability and shading.
9. The dredging is immediately discontinued or modified if the filtrate causes violations of instream water quality
standards.
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,
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Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Lee Smith, City of Hendersonville
Mr. Barry Jones, US Forest Service
Mr. Kevin Barnett, NC Division of Water Quality, Asheville