20201004 Ver 1_NCWRC Comments_20201110

Strickland, Bev
From: Leslie, Andrea J
Sent: Monday, November 23, 2020 3:51 PM
To: Brown, David W SAW; Yankura, Kaylie
Subject: RE: [External] Re: Request for Additional Information; Slusher — Sapphire Farm, DWR#
20201004
Attachments: SlusherSapphireFarm_ThompsonRUTsWetlands_Transylvania_NCWRCComments.pdf
Hi David and Kaylie-
This is a much better justified design, and most of my concerns are allayed. However, there is no information
on construction specs....will this work be done in the dry? Due to the existing resources in the Thompson
River, I would rather they divert flows around work areas instead of pump around (and I doubt a pump
around is possible, given the drainage area). All of my other recommendations in my September comment
letter (attached) still stand (e.g., same day stabilization, native riparian seed mix, woody vegetation
conservation and planting).
Happy thanksgiving. I'm out for the rest of the week.
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.org
r 5 L
6L4G
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From: Matthew Fusco <[e-mail]>
Sent: Monday, November 23, 2020 3:04 PM
To: Leslie, Andrea J <[e-mail]>
Subject: Re: [External] Re: Request for Additional Information; Slusher — Sapphire Farm, DWR# 20201004
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Andrea,
I hope you are well. Here's a new link.
i

https://www.dropbox.com/t/AgB9Wk9IfnoPlizV
Matt
LANDSCAPE ARCHITECTURE I CONSERVATION PLANNING I LOW IMPACT DEVELOPMENT
P.O. Box 8013 I Asheville, NC 28814 I tel: [phone]
email: Matt©FuscoLA.com I web: www.FuscoLA.com
On Mon, Nov 23, 2020 at 12:52 PM Leslie, Andrea J <[e-mail]> wrote:
HI Matt,
The link has expired. Can you resend?
Thanks,
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.org

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From: Matthew Fusco <[e-mail]>
Sent: Tuesday, November 10, 2020 12:22 PM
To: Yankura, Kaylie <[e-mail]>; Sean Kline <[e-mail]>; Stephen Stimson
<[e-mail]>; Greg Jennings <[e-mail]>
Cc: Shannon Slusher <[e-mail]>; Brown, David W CIV USARMY CESAW (USA)
<[e-mail]>; Leslie, Andrea J <[e-mail]>
Subject: [External] Re: Request for Additional Information; Slusher—Sapphire Farm, DWR# 20201004
xternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Kaylie,
Please find attached, at the link below, our response to your latest request for additional information for the Slusher -
Sapphire Farm Project. Revised sheets, updated the PCN tables, and our revised narrative are included as well. Take a
look and let us know if you have any additional questions.
https://www.dropbox.com/t/Et30LhVsysRMsfdJ
Thank you!
Matt
LANDSCAPE ARCHITECTURE I CONSERVATION PLANNING I LOW IMPACT DEVELOPMENT
3

P.O. Box 8013 I Asheville, NC 28814 I tel: [phone]
email: Matt©FuscoLA.com I web: www.FuscoLA.com
On Wed, Sep 23, 2020 at 3:35 PM Matthew Fusco <[e-mail]> wrote:
Kaylie,
Please find attached, at the link below, our response to your request for additional information for the Slusher -
Sapphire Farm Project. Revised sheets, updated the PCN tables, and our revised narrative are included as well. Take a
look and let us know if you have any additional questions.
https://www.dropbox.com/t/UG1k3YQ1e1LZ3w0C
Thank you!
Matt
P.O. Box 8013 I Asheville, NC 28814 I tel: [phone]
email: Matt©FuscoLA.com I web: www.FuscoLA.com
On Fri, Sep 11, 2020 at 11:23 AM Yankura, Kaylie <[e-mail]> wrote:
Mr. Fusco,
On August 4, 2020, the Division of Water Resources (Division) received your application requesting a 401 Water Quality
Certification from the Division for the subject project. The Division has determined that your application is incomplete
and cannot be processed. The application is on hold until the following items are addressed:
1. Please enumerate all proposed wetland and stream impacts on the site plan and clearly label all impacts
(Wetland/Stream Impact 1, etc.). The impacts on the site plan should correspond with those listed within the PCN.
[15A NCAC 02H .0502(a)]
2. Please verify the stream, wetland, and open water impacts listed within the PCN impact tables. The impact totals
provided in the cover letter narrative do not match those listed within the PCN. [15A NCAC 02H .0502(c)]
4

3. The project proposes 175 linear feet of streambank stabilization. The project application also proposes the
removal of 20 linear feet of culvert for stream daylighting associated with dam improvements. Please provide a
streambank stabilization plan and typical drawings for these activities. [15A NCAC 02H .0502 (c)] [15A NCAC 02H
.0506(b)(2) and (3)]
4. Please provide further clarification on how the proposed rock vane structure included within item "D" of the
application cover letter is to be installed and how permanent restrictions to streamflow and aquatic passage will be
avoided. [15A NCAC 02H .0502 (c)] [15A NCAC 02H .0506(b)(2) and (3)]
5. Please clarify if the proposed grade changes and inclusion of flashboard risers within item "E" of the application
cover letter are still requested. During a site visit conducted on September 8, 2020, it was indicated that these
components are no longer required. If these activities are still proposed, please provide an explanation for why
grade changes and flashboard risers are required and a plan for how this work will be completed. [15A NCAC 02H
.0502(c)]
6. The project proposes to perform restoration activities within 20.76 acres of wetland/bog complexes
onsite. Please clarify what the proposed restoration activities are and provide information on how these activities
are to be performed. [15A NCAC 02H .0502 (c)] [15A NCAC 02H .0506(b)(2) and (3)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received, the Division will be unable
to approve the application and it will be returned.
Please contact me if you have any questions. You may provide your response via email or mail to the address below.
Thank you,
Kaylie Yankura
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
5

828 296 4685 office
828 231 9634 mobile
kaylie.yankura©ncdenr.gov
CV)
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North Carolina Public Records Law and may be disclosed to third parties
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle
your requests by phone or email. We appreciate your patience as we continue to serve the public during this
challenging time.
6

North Carolina Wildlife Resources Commission
4
Cameron Ingram, Executive Director
September 30, 2020
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Slusher — Sapphire Farm
Thompson River, UTs, and wetlands, Transylvania County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to impact 0.402 acre of wetland and 279 ft of the Thompson River and unnamed
tributaries (UTs) in Transylvania County. I have visited the site twice, most recently with the
landowner to discuss proposed activities on September 8, 2020. Our comments on this application
are offered for your consideration 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).
Wild Brook Trout, Brown Trout, and Rainbow Trout are found in the project vicinity, and in -stream
and in -lake activities should be avoided between October 15 and April 15 to minimize impacts to
trout reproduction. In addition, the Thompson River supports the rare Chauga Crayfish (Cambarus
chaugensis, NC Special Concern). Effective erosion and sediment control on this project is essential
to protect these species and their habitats.
A 22-acre Swamp Forest Bog and Southern Appalachian Bog complex is also found on the site. This
wetland is part of the NC Natural Heritage Program -recognized Thompson River Headwater Flats
natural area. 3.4 acres of the bog portion of this wetland were managed in 2019, with shrubs and
trees removed to open canopy, benefiting herbaceous species, including Cuthbert's Turtlehead
(Chelone cuthbertii, US Federal Species of Concern, NC Special Concern). The applicant may
perform further wetland management but will coordinate with NCWRC on future activities; we look
forward to working with the landowner and his consultants to benefit this important habitat.
Proposed project impacts are associated with lake enlargement, dam repairs, road layout changes,
and aesthetic elements on the site of a former camp, as follows:
• The lake footprint will be enlarged, permanently flooding 0.328 acre of wetland; these
impacts are projected to be offset by the construction of a littoral shelf that is expected to
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Slusher — Sapphire Farm Page 2 September 30, 2020
Thompson R & UTs, Transylvania Co
support 0.71 acre of future wetland. The dam and outlet structures will be improved,
resulting permanent impacts to 88 ft of an UT to the Thompson River impacts due to flooding
and fill, as well as fill of 0.05 acre of wetland. A new coldwater release structure will be
installed.
The lake will be drained via a bottom drain that is regularly used and drains directly to the
Thompson River. Lake levels will be lowered approximately 4 ft to expose work areas
around the edge of the lake. These areas will be dredged and reshaped. According to Matt
Fusco, areas will be allowed to dry out for 2-3 weeks before work commences. Work areas
will be surrounded by a double row of silt fence, and any runoff from the work areas will be
directed to sediment traps. Flows will be pumped around any work area that has flow.
We are concerned about sediment loss from this work. It is extremely important that this
work be done with effective sediment and erosion control measures. Work should be phased
so that work areas can be stabilized as soon as possible. Due to the presence of Brook Trout
in the Thompson River, we recommend pumping flows around the lake entirely so that the
lake can function as a backup settling basin.
• Road -related impacts include the removal of two existing 20-ft culverts on UTs to the
Thompson River and fill of 0.019 acre of wetland for road improvement and installation of a
timber bridge. An existing bridge set on a weir would be modified, increasing the pool size
behind the weir, flooding an additional 61 ft of an UT to the Thompson River.
• Aesthetic improvements are proposed by the construction of a large pool on the Thompson
River with a structure set on bedrock consisting of a large stacked rock structure followed by
two downstream steps consisting of smaller stacked rocks. Upstream of this, 75 ft of left
descending bank of the resulting pool would be stabilized with large rock. The rock structure
would fill 15 ft of river.
We are concerned that the in -stream structure will cause upstream and/or downstream
channel instability. Given that it is to be set on bedrock, the structure may not remain stable
under high flow events. The first set of larger rocks will be keyed into the bedrock by
drilling into the bedrock and securing the rocks with grout and epoxy, but this may not be
sufficient under high flows; in addition, it is unclear if the two step-down structures of
stacked stone (which will be set in notches cut out of the bedrock) will remain stable given
their bedrock base. If a structure is constructed, we strongly recommend that the structure be
reviewed and designed by a stream restoration engineer with restoration experience in
western North Carolina to ensure stability and aquatic organism passage.
Rhododendron -dominant understory has been cleared within the riparian area along the Thompson
River. This shrub layer is extremely important in providing organic matter to the river (fueling the
stream food web), in stabilizing stream banks, in supplying shade and moderating water temperature,
and in providing structure for riparian wildlife. A riparian corridor like that of the Thompson River
provides resting and browsing habitat for migrating songbirds, and cover provided by a thick shrub
layer is an important element of this habitat. Rhododendron itself provides nesting habitat for
Swainson's Warbler and cover for other nesting species, such as Black -throated Blue Warbler.

Slusher — Sapphire Farm Page 3 September 30, 2020
Thompson R & UTs, Transylvania Co
We appreciate the landowner's efforts to conserve the diverse and important aquatic and terrestrial
resources on site, as well as his coordination with agencies on his activities. We offer the following
recommendations to minimize impacts to fish and wildlife:
1. In -channel work should be accomplished as quickly as possible and vigilance used in sediment
and erosion control during site preparation, construction, and clean up. Disturbed areas should be
seeded, mulched and/or matted as soon as possible, preferably at the end of each workday.
2. Disturbed stream banks should be seeded with a native riparian seed mix and planted with native
shrubs and trees.
3. Restore and conserve the shrub layer (including Rhododendron) within the riparian corridor to
benefit the Thompson River and riparian wildlife such as songbirds.
4. Any erosion control matting used should be free of plastic or nylon mesh, as this type of mesh
frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years.
5. In -stream and in -lake activities should be avoided between October 15 and April 15 to minimize
impacts to wild trout reproduction.
6. We are concerned about the risk of stream channel and structure instability and resulting issues
with aquatic organism passage posed by the proposed in -stream structure on the Thompson
River. If such a structure is constructed, we recommend that it be reviewed and designed by a
stream restoration engineer with experience in western NC.
7. Any grout and epoxy used in -stream should be allowed to fully cure in the dry to avoid in -stream
toxicity.
8. We recommend diverting flows around the lake entirely during in -lake dredging and reshaping
activities.
9. Please reach out to Andrea Leslie at [e-mail] to discuss additional wetland
management activities. Also, please note that any bog clearing to benefit Cuthbert's Turtlehead
should be done outside the reproduction window of that species.
Thank you for the opportunity to review and comment on this project. Please contact me at (828)
400-4223 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Shannon Slusher, landowner
Matt Fusco, Fusco Land Planning and Design
Kaylie Yankura, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service
Jake Rash, NCWRC