20060307 Ver 1_EPA Comments_20060310

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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. ~ . REGION 4

~~~ ~ Sam Nunn Atlanta Federal Center
~sana~cc~ 61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
March 3, 2006
Colonel John E. Pulliam, Jr.
District Engineer
vJiirnirrgiurr Disirici Corps ui Engineers
ATTN: Mr. Tom~teffens
P.O. Box 1000
Washington, North Carolina 27889
SUBJECT: Tyrrell County Board of Commissioners
Public Notice Action ID: 200610086
Uear Colonel Pulliam:
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This letter is in reference to the application by the Tyrrell County Board ~f
Commissioners described in the above referenced Public Notice (PN) dated January 30, 2006.
The proposed project is located 2.5 miles southeast cf Columbia, in Tyrrell County, North
Carolina. The applicants are requesting authorization to dredge and reccnsriuct the Riders Creek
Canal and Lateral A to the canal with the stated purpose of restoring drainage to the surrounding
area. The spoil material from the reconstruction of the canals would be side cast into the
adjacent wetlands and would create an elevated berm approximately 4 feet high by 30 feet wide.
The applicant also proposes to install 20 foot wide culverts and openings every 200 feet to allow
water to enter the floodplain. The project will impact approximately 8,2001inear feet of waters
of the United States and 5.54 acres of high quality bottomland hardwood wetlands. No
mitigation is proposed. We have reviewed the PN and have the following comments about the
proposed project.
The stated project purpose is community restoration and to improve agricultural drainage.
'The Environmental Protection Agency (EPA), Region 4 is concerned, however, that the
proposed project will not result in improved drainage to the area. Due to the nature and gradient
of the site, we are uncertain that dredging and reconstruction of the canals will provide the
drainage for the area that the applicants would like to achieve. It appears likely that the project
may, however, result in significant adverse impacts to a high quality bottoirrland hardwood
wetland system. Furthermore, as required by the 404(b)(1) Guidelines (Guidelines), the
applicants do not provide an evaluation of alternatives that might better achieve the project
purpose and have less environmental impact. Additionally, there is no indication the applicants
have attempted to avoid and minimize impacts to aquatic resources, as required by the
Guidelines. We recommend the applicants perform an alternatives analysis that investigates
other alternatives to achieve the basic project purpose. If the proposed alternative remains the

2
preferred alternative, we would need to see more information supporting how this alternative
~wcguld actually achieve the stated project purpose. Regardless of the selected alternative, efforts
need to be made to avoid and minimize impacts to aquatic resources, including the proposed
disposal of spoil material in the floodplain wetlands.
The applicant is also not proposing any mitigation to offset the project's proposed
impacts. There is no evidence the applicant has gone through the project sequencing process of
avoidance, minimization and compensatory mitigation. The EPA, therefore, recommends
compensatory mitigation be provided for any project impacts to waters of the United States (per
rederai and State requirements) after the applicant has avoided and minimized impacts to the
extent practicable.
In summary, the EPA believes the permit, as proposed, is not approvable at this tirrie. As
stated above, we believe the applicant needs to provide an alternative analysis that evaluates
other less environmentally damaging and more effective alternatives that would meet the stated
project purpose. The applicant also needs to provide a mitigation plan to compensate for any
project impacts that can not be avoided or minimized. We appreciate the opportunity to
comment on this project. If you have any questions regarding these comments, please contact
Becky Fox at [phone] or fox.rebecca@ epa.gov.
Sincerely,
Ronald J.~Mik lak, Chief
Wetlands latorv Section
cc: USFWS, Raleigh
NCDWQ, Raleigh
NCDWQ, Washington
NCWRC, Washington
NMFS, Beaufort
NCDCM, Raleigh

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cc List:
Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Kyle Barnes
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 28405
Mr. Pete~enjamin
US Fish and Wildlife Service
PO Box 33726
Raleigh, North Carolina 27636-3726
Ms. Maria Tripp
NC Wildlife Resources Commission
Habitat Conservation Section
943 Washington Square Mall
Washington, NC 28405
Ron Sechler
Habitat Conservation Division
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, NC 28516
Doug Huggett
NC Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699

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North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director
William G. Ross Jr., Secretary
MEMORANDUM - _-.
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TO: Tom Steffens, USACOE A :,
Washington Regulatory Office '~~ •'~ -~'
Director ~ `"~ ~'
FROM: Preston P. Pate, Jr., ~+4~
Division of Marine Fisheries
DATE: February 17, 2006
SUBJECT: Tyrrell County Board of Commissioners
Riders Creek Canal and Lateral A
Public Notice -Corps Action ID # 200610086
f have reviewed the comments provided by the District Manager and/or Bio-Supervisor and
concur with their recommendation(s).
Director, Date
Preston P. Pate, Jr.
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Deputy Director, Date
Micha I G. Buhl
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abitat Protection Section Date
Section Chief,
Michael W. Street
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 NO~ne Carolina
Phone: [phone] \ FAX: [phone] \ Intemet:,Nwln,.ncdmf.net atura!!~
An Equal Opportunity /Affirmative Action Employer - 50 % Recycled 110°;0 post Consumer Paper

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Tyrrell County Board of Commissioners
P.O. Box 449
Columbia, North Carolina 27925
Telephone [phone]
Thomas W. Spruill, Chairman
Florence E. Bryant, Vice Chairman
Nina B. Criswell
December 12, 2005
Department of the Army
Wilmington Division, Corps of Engineers
Attn: Mr. David Lekson, Chief, Washington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mr. Lekson,
M~~~t : ~a~ -a dos
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Carl Willis `%
Zacharias (Zack) Brickhouse
Penny Rhodes Jones, Clerk

In response to your November 18, 20051etter, enclosed you will find Tyrrell County's
permit application for Ryder's Creek. According to Mr. Kirby Balance, local Soil
Conservation office, it would improve the county's chance of our application being
approved if the county could show the clearing of the canal in the Ryder's Creek
community was an ongoing project. Therefore, I have included with our application
several documents to that affect.
I cannot stress enough the importance of maintaining the draining of the Ryder's Creek
community. If any additional information is needed, or if I can be of any further
assistance, please do not hesitate to contact me at the above address.
Cordially,
W. Mack Carawan, Jr.
Tyrrell County Assistant Administrator
Enclosures
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NCDENR
North Carolina Department of Environment and Natural Resources
P t P Pate Jr Director
Michael F. Easley, Governor
William G. Ross Jr., Secretary
MEMORANDUM:
Division of Marlne Flsherles res on .~
T0: Tom Steffens, USACOE
THROUGH: Mike Street, Chief Habitat Section
FROM: Sara E. Winslow, Northern District Manager,
SUBJECT: Action ID# 200610086 -Tyrrell County Board of Commissioners -Riders
Creek Canal and Lateral A
DATE: February 8, 2006
The North Carolina Division of Marine Fisheries submits the following comments
pursuant to General Statute 113-131.
The Tyrrell County Board of Commissioners proposes to excavate and fill
wetlands in the area of Riders Creek. The applicant states that the purpose of the
project is to restore community and agriculture drainage.
The Riders Creek project was originally constructed in 1914 and Lateral A was
constructed in the mid-1920s. ~ NO maintenance dredging has occurred since the.
original construction. Evidence does exist that storm damaged vegetation has been
removed manually within the last few years.
The applicant proposes to reconstruct the original drainage project by excavating
4,400 ft of Riders Creek Canal and 3,800 ft of Lateral A impacting a total of 8,200 ft.
Submerged aquatic vegetation is found in the project area. Track hoe equipment and
mats are proposed to be used to accomplish the prsed re onst urctpon ewould I mpact
wide at the top to a depth of 5 ft. The propo
approximately 5.64 ac of high quality wetlands. Approximately 28,152 cubic yards of
fine, silty spoil material will result from the proposal. The spoil material is proposed to
be side cast into the adjacent floodplain/wetlands, constructing a berm 4 ft high by 30
One
1367 U.S.17 South, Elizabeth City, North Carolina 27909 NorthCarolina
Phone: [phone] FAX: [phone] Internet: www.nccJmf.net ~aturall~
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ft wide. The historic spoil piles have subsided into the floodplain. Trees and vegetation
would be removed prior to berm construction. The applicant proposes to instaii culverts
and openings 20 ft wide every 200 ft to allow water exchange.
The area has returned to a natural state since originally excavated in the 1914 to
the mid 1920s. The natural state and woody debris provide spawning and nursery
habitat. These characteristics provide essential habitat for numerous aquatic species.
The Division has documented that Riders Creek is utilized by blueback herring and
alewife for spawning and nursery areas. These anadromous spawning and nursery
areas are considered critical habitat for two species that are currently overfished and
overfishing is occurring. It has taken over 85 years for this system to "re-naturalize",
the maintenance excavation would impact the shallow water habitat, the adjacent
wetlands and have an overall direct and cumulative impact on the system.
Wetlands are of great importance to fisheries production and water quality. The
proposed project would impact approximately 5.64 ac of high quality swamp forest
wetlands.
The Division recommends denial of the project as proposed due to significant
adverse impacts to fisheries resources and habitat. Considering the poor stock status of
blueback herring and alewife and the importance of spawning and nursery areas, as
indicated in the North Carolina Habitat Protection Plan (NC DENR 2005) and the North
Carolina River Herring FMP (NCDMF 2000 and under development), continuing to allow
Riders Creek to progress on to a more natural state would benefit both species,
wetlands and water quality.
Literature Cited
NC Department of Environment and Natural Resources. 2005. North Carolina Coastal
Habitat Projection Plan, NC DENF, NCDMF
NC Division of Marine Fisheries. 2000. North Carolina Fishery Management Plan for
Albemarle Sound area river herring.