20071571 Ver 1_WRC Comments_20070926

®North Carolina Wildlife Resources Commission
September 26, 2007
Ms. Liz Hair
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 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Lake Toxaway POA, Mr. Kit Garren Nationwide Permit Application
Wetland fills along Lake Toxaway
Transylvania County DWQ No. 07-1571
Dear Ms. Hair and Mr. McMillan:
Wetland and Natural Resource Consultants on behalf of Mr. Kit Garren of the Lake Toxaway POA
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 filling 0.07 acre of wetlands along Lake Toxaway to develop asingle-family residence.
About one-quarter or less of the area is in the footprint of a proposed house and driveway.
The project should not harm trout.
Wetlands in back coves and at stream confluences on mountain reservoirs are important to water quality
and productive habitats for amphibians, reptiles, and birds. They also are sparse. For these reasons, the
Commission recommends that development avoid construction in wetlands.
From the site plan, it appears that much of the wetland fill could be avoided by shifting the house site to
the northeast and the driveway to the north. Impact number 2, which may be proposed for grading of a
yard/landscape to the lake, may be avoidable.
If the project is permitted as proposed or with less impact, as appears possible, then the Commission
recommends that the following conditions be attached and used to help conserve aquatic habitat:
1. The Nationwide and Final Regional conditions (with exception of 1.2) are adhered to.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Lake Toxaway POA Page 2 September 26, 2007
Transylvania
2. Culverts are used to maintain a hydrologic connection between wetland areas that become isolated by
fills.
3. Effective sediment and erosion control measures are used and maintained during construction.
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: Wetland and Natural Resource Consultants
Mr. K. Barnett, NC Division of Water Quality, Asheville