20061627 Ver 1_WRC Comments_20061129

® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
November. 29, 2006
Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ian McMillan
NC Division of Water Quality, 401
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
SUBJECT: John Mark Eager, PE, South Barnabas Development Company
Nationwide Permit Application
South Barnabas Development -East Fork Savannah Creek and tributaries
Jackson County
DWQ No. 20061627
Dear Ms. Beckwith:
Appalachian Environmental Services, on behalf of Mr. John Mark Eager of South Barnabas Development
Company, 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). I visited the project site
on November 28, 2006. 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 applicant originally planned to impact 125 feet of the East Fork Savannah Creek (C Tr) and two
tributaries for five roadway culverts in a 177 acre residential development near Sylva. However, according to
the October 24, 2006 letter from Mr. Adam Faulkner with Appalachian Environmental Services to you (Mr.
McMillan), stream crossings 1, 2, and 4 on East Fork Savannah Creek will now be constructed with bridges.
The bridge on crossing 1 would be constructed partly on U.S. Forest Service property. One of the culverts
would be placed on the adjoining property of Mr. Edward Shneider.
The project area is forested and streams are comprised of riffle-pool complexes with only a few, localized
spots of channel instability. Wild rainbow and brook trout occur in the East Fork Savannah Creek watershed.
Their populations may overlap within the property boundary. The brook trout are pure southern genetic
strain. As such, they and their habitat are a high conservation priority. The proposed project impacts,
including both the crossings and riparian area disturbances, have a high probability of harming trout habitat.
Erosion control will be particularly difficult because of very steep topography.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

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Jackson
East Fork Savannah Creek ultimately drains to Savannah Creek, which flows to the Tuckaseegee River. The
river supports sensitive aquatic life such as Appalachian elktoe mussels, which are a federally Endangered
species. Although the distance from the project area to the river is considerable, the project's potential
contribution to sedimentation in the watershed would nonetheless be a concern.
The application indicates there will be no future impacts to waters for this project. However, the site plan
only shows the roads and lots for a small portion of the 177 acre tract. If other stream crossings would be
needed to develop the entire tract, then the application should be revised to account for all foreseeable and
unavoidable impacts.
The Commission is pleased that bridges will be used for the crossings of the East Fork Savannah Creek. It
would be difficult to properly bed culverts in this creek because of steep grade and bedrock and culverts
would likely be fish passage impediments or blockages partly because of outlet scour. For these reason, a
bridge should also be used for the crossing (3 or 5?) of the unnamed tributary on the Schneider property.
There is an existing ford at this location. Although the stream is not shown as a blue-line stream, it may
support trout when there is sufficient flow.
The Commission is particularly concerned about considerable trout buffer disturbance in order to make the
existing four-wheel drive road along the creek suitable for construction and residential traffic. About 800 feet
of the existing road, which is about 1,700 feet long and parallels the creek on the property, is currently within
25 feet. Moving the road out of the trout buffer areas and restoring native vegetation would be ideal, but this
also would involve considerable earth work, which could cause acute sedimentation unless meticulous erosion
control measures are implemented and maintained. Nevertheless, this should be evaluated in order to avoid
what would not be a temporary impact to the trout buffer. If the road is allowed to remain in place and will be
improved as a single lane access, which should be possible since Jackson County does not have subdivision
road requirements, then the Commission recommends that it not be widened and that it be graded, preferably
with surface outsloping (no inside ditching), and paved as soon as possible during development. Gravel roads
are a major contributor of sediment to trout streams, particularly when they are subject to ongoing heavy
equipment and construction vehicle use.
The Commission recommends that the project impacts be considered further as described above. The
Commission can concur with a permit for unavoidable impacts for this project if adequate compensatory
mitigation is provided and if the following conditions are attached and used to help conserve fish and
wildlife resources:
1. Abridge should be used for the crossing (3 or 5?) of the unnamed tributary on the Schneider property.
2. Excavation in the creek channels and soil disturbance within 25 feet of the top of the banks should not
occur from October 15 to April 15 to protect trout spawning.
3. Sediment and erosion control measures must be used before construction and maintained until
disturbed soils are permanently stabilized. Design standards for sensitive watersheds (15A NCAC 4B
.0124) should be used because of proximity to wild brook trout waters. All bare soils must be seeded
immediately after grading. Erosion control matting should be used with seeding on disturbed soils in
riparian areas. It should be anchored with staples, stakes, or, wherever possible, live stakes of native
trees. Tall fescue should not be used in riparian areas.
4. Culverts that are less than 48 inches in diameter should be installed with 20% of the diameter of the
culvert (measured up from the invert) below the stream bottom to allow bed materials to accumulate
and to facilitate aquatic life passage during low stream flow. Larger diameter culverts should be
placed 1 foot below the stream bottom. The culverts should be placed in the main flow channel (i.e.
thalweg). Partial burial of the culverts in this manner also may require increasing their size to handle
floods.
5. Any concrete work must be isolated from stream flow because uncured concrete can kill fish.

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6. Rock, sand, or other materials must not be excavated from stream channels except in the immediate
permitted areas. The natural dimension, pattern, and profile of the channels upstream and
downstream of any stream crossings must not be modified.
7. Sandbags, flexible pipe, or other stable diversion structures should be used to avoid excavation in
flowing water.
8. Storm water must be directed to vegetated buffer areas (e.g. level spreaders) or retention basins and
not routed directly to streams as concentrated flow. Drop inlets on streams must not be constructed.
9. Any rock that is used for inlet or outlet stabilization should be clean and limited to the stream bank
below the high water mark and vegetation should be used above. Rock must not be placed in stream
channels in a manner that obstructs fish passage.
10. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible. Native
woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple)
should be replanted upstream and downstream of stream crossings if vegetation is removed during
construction to provide bank stability and shading.
11. All heavy equipment operated near streams should be inspected and maintained regularly to prevent
contamination of streams by fuels, lubricants, or hydraulic fluids.
12. Hydroseed mixtures and wash-waters must not reach streams.
13. The remaining lengths of streams, wetlands, and riparian areas on the tract should be protected from
disturbance in either their existing or improved state (i.e. with native vegetation reestablished where
absent) as community open space (i.e. not deeded into lots) or by using deed restrictions on affected
lots. The riparian zone or buffer that is protected should be the widest that is practical. This is
consistent with item J of Nationwide 39 and General Condition 19.
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: Mr. Kevin Barnett, NC Division of Water Quality
Mr. Gray Hauser, NC Division of Land Resources
Mr. Joe Deal, Appalachian Environmental Services