20060307 Ver 1_WRC Comments_20060308

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® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director (~
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TO: Tom Steffens MAR ~ ~~~~
US Army Corps of Engineers, Washington Field Office c~r~rr ~~AT~R Qt1A4~TY
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FROM: Maria Tripp, Northeast Coastal Region Coordinator , (f~r+~ i ru1 ~ ,
Habitat Conservation Section
DATE: March 6, 2006
SUBJECT: Comments on Tyrrell County Board of Commissioners proposal to dredge
Riders Creek Canal and Lateral A, Tyrrell County, North Carolina.
Action ID No. 200610086
Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the
public notice with regard to impacts on fish and wildlife resources. The project site is located
approximately 2.5 miles southeast of Columbia, NC off Levels Road at the intersections of Riders Creek
Canal and Lateral A. Our comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Clean Water Act of 1977 (as
amended).
The applicant states the purpose of this project is to restore community and agricultural drainage.
The proposed activity includes excavating 4,400 linear feet of Riders Creek Canal and 3,8001inear feet of
Lateral A, impacting a total of 8,200 linear feet of waters of the United States. Final water body
dimensions are approximately 20 feet wide by 5 feet deep. Approximately 28,152 cubic yards of fine silty
material will be placed in adjacent floodplain wetlands, constn:cting a berm approximately 4 feet high by
30 feet wide. Vegetation removed to provide access and facilitate excavation is to be used as support for
the landward toe of the berm. Culverts and openings 20 feet wide every 200 feet are proposed throughout
the design of the berm to allow transmission of floodwater to the floodplain. Riders Creek Canal was
constructed in 1914 and Lateral A was constructed in the mid-1920's. No maintenance of either feature
has been conducted since these dates.
The Commission is concerned about the proposed project and its impacts to aquatic and wildlife
resources. The proposed excavation would adversely impact anadromous fishery resources, including the
potential habitat and spawning areas of blueback or river herring (Alosa aestivalis). River herring stocks
in the Albemarle Sound basin are currently diminished to the extent that the NC Wildlife Resources
Commission and the NC Division of Marine Fisheries are considering a total harvest moratorium. These
agencies, along with the US Fish and Wildlife Service are completing a river hemng management plan.
Protection of herring spawning and nursery area habitats has been identified as a keystone element in the
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

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Riders Creek Canal & Lateral A Page 2 March 6, 2006
Tyrrell County
USACE No. 200610086
recovery and restoration process. In May 2005, the Commission indicated a commitment to river herring
recovery, and effective July 1, 2006 a river herring harvest moratorium will be enforced in waters under
inland water jurisdiction. This harvest moratorium would include the proposed project area.
The Scuppernong River was once a major spawning area for river herring and restoration efforts
specific to the Scuppernong River basin are now in the planning phases. A consortium of state, federal,
and university researchers will begin experimental trapping and transport of river herring from the
Scuppernong River to Lake Phelps this spring. This project will evaluate Lake Phelps' ability to provide
suitable spawning and nursery habitat for herring, the juveniles of which would out-migrate through
Scuppernong River. If successful, expanded spawning and nursery area habitat could result in rebuilding
the Scuppernong River herring run in a matter of four to six years. All measures should be taken to ensure
suitable habitat areas, including the project area, are available and conducive to the success of this fishery
resource:
At this time the Commission feels the applicant has not provided enough information to
determine the effects of the proposed project on aquatic and terrestrial resources. We request no permit be
issued unless the following concerns can be adequately addressed:
- Information provided in the public notice does not adequately demonstrate that the proposed project
will eliminate flooding concerns. The Scuppemong River and its tributary creeks are, for all
practical purposes, at sea level and are directly affected by wind tides. The low-relief topography
coupled with a predominately high seasonal water table may not allow a change in surface water
elevation after excavation. Therefore, deepening the upper reaches of this system may not greatly
decrease flooding.
- Excavated canal depths should not exceed existing connecting depths of Rider Creek and associated
roadside culverts. The applicant did not provide a survey of existing water depths within or
downstream the project area.
- Impacts associated with the activity may cause significant adverse impacts to fishery resources. The
applicant should provide sufficient information detailing the proposed project, addressing impacts
to wildlife resources and their associated habitats.
- Project alternatives including avoidance and minimization accompanied with mitigation should be
provided.
- The entire water system including the proposed project area, Riders Creek, and downstream water
bodies have significant areas of Alligator weed (Alternanthera philoxeroides) infestation. This
invasive species has overtaken sections of the system and likely contributes to drainage problems.
The opening of the floodplain canopy associated with the removal of woody vegetation to allow
water access and berm construction would increase sunlight penetration to the canals and likely
boost the growth of this aquatic weed. Management of this invasive plant could allow better
downstream flow without extensive disturbance of the system.
- Tyrrell County has also recently snagged and cleared areas of Riders Creek Canal, Lateral A, and
other nearby features. This recent activity has removed obstructions that may have been impeding
water flow.

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Riders Creek Canal & Lateral A Page 3 March 6, 2006
Tyrrell County
USACE No. 200610086
Should permit issuance be considered, we would require the following conditions be placed on all
activity:
^ The project area should be considered important spawning and nursery habitat for anadromous fish.
Any permitted in-water work should adhere to a February 15 -September 30 moratorium.
^ Anadromous fish not only utilize the main channel, but the associated flood plains as well. If a
permit is issued that would allow activity that generates spoil material and berm construction, the
design of the berm should allow adequate water exchange between the canal system and adjacent
floodplains. This design should not include culverts, but rather open gaps to allow water exchange.
Culverts are often a cause of maintenance concern and restrict flow if not carefully monitored.
^ Berm construction should also include provisions preventing sloughing of the fine silty material
back into the water way. The designs included in the public notice appear to have too steep a slope
adjacent the canal, leading to erosion of the berm into the system.
^ Trees removed for construction access, should be cut at the ground surface, specifically not
grubbed. The stumps and root mat should be left in tact to facilitate soil stabilization and to allow
stump sprouts which will speed reforestation.
At this time, the Commission requests no permit be issued until the applicant provides
information that demonstrates the proposed project will not cause significant adverse impacts to aquatic
resources. Alternative management plans may provide the desired hydrologic result without significant
impacts to fishery resources. We look forward to the additional information addressing our concerns that
would allow a more appropriate review of the project. If you have further comments or questions, please
contact me at [phone].
cc: Barnes, K. - NC Division of Water Quality
Winslow, S. - NC Division of Marine Fisheries
Dockendorf, K. - NC Wildlife Resources Commission
Kornegay, P. - NC Wildlife Resources Commission
Benjamin, P. - US Fish and Wildlife Service