20070654 Ver 1_WRC Comments_20070810

® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
August 10, 2007
Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Mr. John Earl Sanders
Nationwide Permit Application for culvert in tributary to Thompson Branch
Macon County
DWQ No. 07-0654
Dear Ms. Beckwith:
Mr. John Earl Sanders 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 placing 30 feet of culvert in an unnamed tributary to Thompson Branch for access into
the Whisperwood Village subdivision near Franklin. The permit application specifies 4.5 acres for the
property size, but the attached plans show additional acreage. N/A is specified for prior and future project
plans.
Fishery data are not available for Thompson Branch, but wild rainbow trout may occur in it as they do in
other similar streams in the region. Moreover, spotfin chub (Federal Threatened) seasonally use small
tributaries in the Lower Tennessee River basin like Watauga Creek, which is downstream of the project site.
Other sensitive aquatic life like Appalachian elktoe (Federal Endangered) and little winged pearly (Federal
Endangered) mussels are found in the river as well. The elktoe population recently declined here possibly
because of habitat deterioration. Therefore, it is particularly important that the applicant minimize the
project's contribution to downstream sedimentation.
If the ACOE permits this project, then the Commission can concur if the Nationwide Permit conditions and
following recommendations are adhered to:
1. Sediment and erosion control measures for sensitive watersheds (15A NCAC 04B .0124) are used and
maintained until all disturbed soils are permanently stabilized. 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.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Sanders
Macon
Page 2 August 10, 2007
Culverts that are less than 48 inches in diameter are installed in the main flow channel with 20% of
the diameter of the culvert (measured up from the invert) below the stream bottom to allow bed
materials to accumulate and to facilitate aquatic life passage during low stream flow. Larger diameter
culverts are similarly placed 1 foot below the stream bottom. Partial burial of the culverts in this
manner also may require increasing their size to handle floods.
Any concrete work is isolated from water because uncured concrete can kill aquatic life.
Rock, sand, or other materials are not excavated from stream channels except in the immediate
permitted areas. The natural dimension, pattern, and profile of the channels upstream and
downstream of any stream crossings are not modified.
Sandbags, flexible pipe, or other stable diversion structures are used whenever possible to avoid
excavation in flowing water.
Storm water is directed to vegetated buffer areas (e.g. level spreaders) or retention basins and not
routed directly to streams as concentrated flow. Drop inlets for stormwater are not constructed on
streams.
7. Any rock that is used for inlet or outlet stabilization is clean and limited to the stream bank below the
high water mark and vegetation is used above. Rock is not placed in stream channels in a manner that
obstructs fish passage.
8. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Native woody
vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) is
replanted upstream and downstream of stream crossings to provide bank stability and shading if
vegetation is removed during construction.
9. 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 [phone] extension 24.
Sincerely,
~~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
Cc: Mr. John Earl Sanders
Ms. Cyndi Karoly, NC Division of Water Quality