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HomeMy WebLinkAbout20071228 Ver 1_WRC Comments_20070717®North Carolina Wildlife Resources Commission ~ Richard B. Hamilton, Executive Director July 17, 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: Nationwide Permit Application for US Forest Service, Marisue Hilliard Little Indian Trail Bridge -Nantahala River Macon County DWQ No. 07-1228 Dear Ms. Beckwith and Mr. McMillan: The US Forest Service 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 the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project involves reconstructing a bridge over the Nantahala River in Macon County. The Nantahala River supports wild rainbow and brown trout. The project may harm trout, particularly if the construction caused sedimentation during the spawning season. The Commission can concur with a permit for the project if: 1. The Nationwide and Final Regional conditions are adhered to. This includes avoiding during the October 15 to April 15 period disturbance in the stream (see Regional Condition 1.2) and trout buffer. 2. Sediment and erosion control measures are used and maintained until all disturbed soils are permanently stabilized. All bare soil is seeded as soon as possible following 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. The natural dimension, pattern, and profile of the channels upstream and downstream of any stream crossings are not modified. 4. Sandbags, flexible pipe, or other stable diversion structures are used to avoid excavation in flowing water. Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Fax: (919) 707-0028 USFS Page 2 July 17, 2007 Macon County 5. Storm water from roadways and trails is directed to vegetated buffer areas or detention basins and not routed directly to streams as concentrated flow. 6. Only clean, large, angular rock, large woody material, or other natural stream design materials and techniques are used for bank stabilization. Any rock that is used on the banks is clean and limited to the area below the high water mark. Materials are not placed in the creek channels in a manner that overly constricts flow, that contributes to erosion, or that impedes aquatic life movements during low flows. 7. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Where disturbance for temporary access is necessary, trees and shrubs are cut and the stumps and roots left in the ground to resprout (i.e. no grubbing). Disturbed stream banks are replanted as necessary along the project area with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore). This will help provide long-term bank stability and stream shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 8. Waste materials are disposed of in a suitable upland site and not in or along the creek. 9. Heavy equipment is operated from the bank whenever possible. All heavy equipment operated near streams is inspected and maintained regularly to prevent contamination by fuels, lubricants, or hydraulic fluids. 10. Hydroseed mixtures and wash-waters do not reach streams. Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the Commission may inspect the work site during or after construction. If there are any questions regarding these comments, please contact me at (828) 452-2546 extension 24. Sincerely, '~~ k Dave McHenry Mountain Region Coordinator Habitat Conservation Program cc: Mr. Lynn Hicks, US Forest Service