20060784 Ver 3_WRC Comments_20070905

~ North Carolina Wildlife Resources Commission ~
September 5, 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 Certification Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628-
SUBJECT:. Roland Pugh and Jim Bryson Nationwide Permit Application
Tributaries and wetlands along Chattooga River
Jackson County
DWQ No. 06-0784 Y3 .
Dear Ms. Beckwith and Mr. McMillan:
Mr. Roland Pugh and Mr. Jim Bryson 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 Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project involves filling about 264 feet of an intermittent tributary and 0.08 acre of wetlands along the
Chattooga River (B Tr ORW) for a commercial development on a 10.46 acre tract in Cashiers. A combination of
bioretention cells and underground detention cells are proposed to treat stormwater from the site. Compensatory
mitigation would include preservation of remaining streams and wetlands on the property and credit for 124 feet of
stream and 0.25 acre of wetlands through the Ecosystem Enhancement Program (EEP).
The Chattooga River supports wild brook trout. The lower portions of tributaries on the property also support
brook trout when there is sufficient flow. According to the application, these channels would not be directly
impacted by the development. Because of proximity to brook trout waters, the project should adhere to the trout
moratorium (1.2 Final Regional Conditions).
The Commission is particularly concerned about wetland and stream fills in this region because of its high quality
aquatic resources. Increasing development may reduce the extent and productivity of brook trout in the Chattooga
River watershed unless permanent losses of wetlands are minimized and effective stormwater management
maintains water quality conditions. Developments in this watershed maybe subject to water quality rules for
ORW watersheds (15A NCAC 02B .0225), which includes wet detention for high density development (15A
NCAC 02H.1007). Maintenance of cold water temperatures is critically important to trout. Measures that reduce
warming of stormwater through detention basin shading, bio-infiltration, subsurface collection, or similar
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Roland and Pugh Page 2 September 5, 2007
Jackson
technologies should be evaluated if the proposed methods would not meet temperature standards in the river as
outlined in 15A NCAC 02B .0211. Continuous temperature monitors are also recommended to monitor the
effectiveness of any discharges.
If the project is permitted, then the Commission can concur if these conditions are attached and followed to help
conserve aquatic habitat:
1. The Nationwide and Final Regional conditions, including 1.2, are adhered to.
2. The remaining wetlands, ORW riparian buffers, and stream channels on the property are preserved in
perpetuity from fill or vegetation disturbance with a deed restriction or similar enforceable instrument. Stream
mitigation includes a restoration component of at least 1:1, preferably 2:1, because of the high quality of
aquatic resources in the watershed and because credits for ORW watersheds that support wild brook trout are
likely unavailable through EEP.
3. Stormwater from the site complies with 15A NCAC 02B .0225 and temperature standards outlined in 15A
NCAC 02B .0211. Continuous temperature monitoring is required to ensure that instream standards are not
exceeded.
4. 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.
5. Sandbags, flexible pipe, or other stable diversion structures are used to avoid excavation in flowing water.
6. Storm water is directed to vegetated buffer areas or retention/detention devices and not routed directly to
streams or wetlands as concentrated flow. Drop inlets on streams are not constructed.
Thank you for the opportunity to review and comment on this project. Commission staff may inspect the site
during or after construction. If there are any questions regarding these comments, please contact me at (828)
452-2546 extension 24.
Sincerely,
~.
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Kevin Barnett, NC Division of Water Quality, Asheville
Mr. Roland Pugh and Mr. Jim Bryson
Mrs. Pam Boaze, Fish and Wildlife Associates