20240015 Ver 1_WRC Comments_20240129

9 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
January 29, 2024
Ms. Brandee Boggs
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: UT Rock House Creek Restoration
UT to Rock House Creek, Mitchell County
Dear Ms. Boggs:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to remove two dams on an unnamed tributary (UT) to Rock House Creek in
Buncombe County, which would involve impacts to 1.58 acres of pond and 95 ft of stream and
restore 470 ft of free -flowing stream. 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).
The project should not impact wild trout, and project activities do not need to be avoided during
a trout moratorium. However, the site is upstream of the North Toe River/Nolichucky River
Aquatic Habitat, a natural area rated Very High by the NC Natural Heritage Program due to the
ecological importance of the system. Eastern Hellbender (Cryptobranchus alleganiensis, US
Federal Species of Concern, NC Special Concern) is found in Grassy Creek downstream of the
project; this species is very sensitive to excess sediment, and effective erosion and sediment
control are especially important on this project to minimize impacts to this species.
The work would involve dewatering of two existing ponds by draining them through existing
valves at 1 ft/day of pond elevation. A stream channel would be designed in the pond footprints,
in areas where the stream will be brought out of a pipe, and on a small section of already exposed
stream. Flows will be pumped around the ponds and the restoration work. The pond footprints
will be seeded with native wetland seed. The restored stream channel will be constructed with
constructed riffles and toewood. A buffer of at least 35 ft in width will be planted using native
woody and herbaceous species.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

UT Rock House Creek Restoration Page 2 January 29, 2024
UT Rock House Cr, Mitchell County
We offer the following additional recommendations to minimize impacts to fish and wildlife
resources:
1. We recommend that project oversight be provided by the designer or environmental
consultant during pond draining, dam removal, and channel restoration.
2. Daily visual monitoring should be performed while the ponds are drained to ensure that
project activities are not resulting in downstream turbidity or sediment deposition.
3. 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.
4. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
5. Unless Sycamore and River Birch are found on the site or just upstream or downstream, they
should be removed from the planting plan, as they are typically associated with lower
elevation streams and larger floodplains. We suggest substituting these with Yellow Birch or
Sweet Birch.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: David Brown, Jennings Environmental
Andrew Moore, NC Division of Water Resources

Moore, Andrew W
From: Moore, Andrew W
Sent: Thursday, January 25, 2024 8:19 AM
To: David Brown
Cc: Boggs, Brandee C CIV USARMY CESAD (USA); Leslie, Andrea J
Subject: RE: [External] Re: Request for Additional Information, UT Rock House Creek Restoration,
Mitchell County (DWR Project #20240015)
David,
Thanks for this information. Has the elevation of the intake/inlet of the outlet valve on the lower pond relative to the
elevation of the lower pond bed sediments been evaluated to confirm no more than a de minimis discharge of sediment
to receiving water during pond dewatering?
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
DE
cl
;
NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: David Brown <[e-mail]>
Sent: Wednesday, January 24, 2024 10:34 AM
To: Moore, Andrew W <[e-mail]>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA)<[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: [External] Re: Request for Additional Information, UT Rock House Creek Restoration, Mitchell County (DWR
Project #20240015)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Andrew,
The following is the methodology for dewatering the ponds and controlling downstream discharge of the
impounded sediments:
1. Install a check dam upstream of the upper pond to hold in -flow, install and operate the pump around
system.
2. Open the outlet valve in the upper pond and dewater the pond at a rate of approximately 1-ft per day.

3. De -water the upper pond to the base elevation of sediments.
4. Excavate the pond sediments down to the elevation of the proposed stream channel/banks/floodplain
benches.
5. Spread sediment material evenly over north and east portion of upper pond footprint. Install erosion
control measures in the footprint of upper pond.
6. Lower/remove the upper pond dam.
7. Continue operation of the pump around.
8. Open the outlet valve in the lower pond & dewater the pond at a rate of approximately 1-ft per day.
9. De -water the lower pond to the base elevation of sediments.
10. Excavate the pond sediments down to the elevation of the proposed stream channel/banks/floodplain
benches.
11. Spread sediment material evenly over north and east portion of lower pond footprint. Install erosion
control measures.
12. Lower/remove the lower pond dam.
13. Remove pump around system once new channel is constructed.
14. Plant all disturbed areas with native vegetation per planning plans.
NOTE: If pond outlet valves are inoperable, the ponds will be dewatered using a pump.
Let me know if you have any questions or need additional information.
Thanks,
David
David Brown, PG
Sr. Geologist, Environmental Services Leader I Jennings Environmental, PLLC
828 384 1890
dav1 _,jenningsenv.com
Asheville, NC ennin senv.com
This information is confidential and is intended solely for use by the recipient and others authorized to receive it. Any disclosure, copying, distribution or taking
action in relation to this information is strictly prohibited and may be unlawful.
From: Moore, Andrew W <[e-mail]>
Date: Wednesday, January 24, 2024 at 9:24 AM
To: David Brown <[e-mail]>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA) <[e-mail]>, Leslie, Andrea J
<andrea.leslie(a)ncwildlife.org>
Subject: Request for Additional Information, UT Rock House Creek Restoration, Mitchell County (DWR
Project #20240015)
David,
On December 19, 2023, 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 all of the following information is received:
1. Please provide a narrative, or construction details as appropriate, describing the method of pond dewatering
and how the discharge of sediment from the pond to surface water will be avoided and/or minimized during

dewatering. If existing dam infrastructure is to be used for dewatering, please provide details regarding the
infrastructure. [15A NCAC 02H .0506(b)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by February 23, 2024. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and appropriate fee.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist ll, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
DE-
NORTH CAROLINA - tMI;
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.

Moore, Andrew W
From: Moore, Andrew W
Sent: Wednesday, January 24, 2024 9:24 AM
To: David Brown
Cc: Boggs, Brandee C CIV USARMY CESAD (USA); Leslie, Andrea J
Subject: Request for Additional Information, UT Rock House Creek Restoration, Mitchell County
(DWR Project #20240015)
David,
On December 19, 2023, 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 all of the following information is received:
1. Please provide a narrative, or construction details as appropriate, describing the method of pond dewatering
and how the discharge of sediment from the pond to surface water will be avoided and/or minimized during
dewatering. If existing dam infrastructure is to be used for dewatering, please provide details regarding the
infrastructure. [15A NCAC 02H .0506(b)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by February 23, 2024. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and appropriate fee.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist ll, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
DE
cl
;
NORTH CAROLINA -
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

Moore, Andrew W
From: David Brown <[e-mail]>
Sent: Thursday, January 25, 2024 8:44 AM
To: Moore, Andrew W
Cc: Boggs, Brandee C CIV USARMY CESAD (USA); Leslie, Andrea J
Subject: Re: [External] Re: Request for Additional Information, UT Rock House Creek Restoration,
Mitchell County (DWR Project #20240015)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Andrew,
We have confirmed the elevations will work to ensure we can meet de minimis discharge of sediment. If we find
the outlet valves will not operate to allow a controlled dewatering, we will fall back to pumping the ponds down
with the pump's intake hose staying off the bottom & out of sediments.
Thanks,
David
From: Moore, Andrew W <[e-mail]>
Date: Thursday, January 25, 2024 at 8:19 AM
To: David Brown <[e-mail]>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA) <[e-mail]>, Leslie, Andrea J
<[e-mail]>
Subject: RE: [External] Re: Request for Additional Information, UT Rock House Creek Restoration,
Mitchell County (DWR Project #20240015)
David,
Thanks for this information. Has the elevation of the intake/inlet of the outlet valve on the lower pond relative to the
elevation of the lower pond bed sediments been evaluated to confirm no more than a de minimis discharge of sediment
to receiving water during pond dewatering?
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
D- E-
�
NORTH CAROLINA C1110)
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

From: David Brown <[e-mail]>
Sent: Wednesday, January 24, 2024 10:34 AM
To: Moore, Andrew W <[e-mail]>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA)<[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: [External] Re: Request for Additional Information, UT Rock House Creek Restoration, Mitchell County (DWR
Project #20240015)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Andrew,
The following is the methodology for dewatering the ponds and controlling downstream discharge of the
impounded sediments:
1. Install a check dam upstream of the upper pond to hold in -flow, install and operate the pump around
system.
2. Open the outlet valve in the upper pond and dewater the pond at a rate of approximately 1-ft per day.
3. De -water the upper pond to the base elevation of sediments.
4. Excavate the pond sediments down to the elevation of the proposed stream channel/banks/floodplain
benches.
5. Spread sediment material evenly over north and east portion of upper pond footprint. Install erosion
control measures in the footprint of upper pond.
6. Lower/remove the upper pond dam.
7. Continue operation of the pump around.
8. Open the outlet valve in the lower pond & dewater the pond at a rate of approximately 1-ft per day.
9. De -water the lower pond to the base elevation of sediments.
10. Excavate the pond sediments down to the elevation of the proposed stream channel/banks/floodplain
benches.
11. Spread sediment material evenly over north and east portion of lower pond footprint. Install erosion
control measures.
12. Lower/remove the lower pond dam.
13. Remove pump around system once new channel is constructed.
14. Plant all disturbed areas with native vegetation per planning plans.
NOTE: If pond outlet valves are inoperable, the ponds will be dewatered using a pump.
Let me know if you have any questions or need additional information.
Thanks,
David
David Brown, PG
Sr. Geologist, Environmental Services Leader I Jennings Environmental, PLLC
828 384 1890
davidgj enningsenv. com
Asheville, NC 'ennin senv.com

This information is confidential and is intended solely for use by the recipient and others authorized to receive it. Any disclosure, copying, distribution or taking
action in relation to this information is strictly prohibited and may be unlawful.
From: Moore, Andrew W <[e-mail]>
Date: Wednesday, January 24, 2024 at 9:24 AM
To: David Brown <david jenningsenv.com>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA)<[e-mail]>, Leslie, Andrea J
<[e-mail]>
Subject: Request for Additional Information, UT Rock House Creek Restoration, Mitchell County (DWR
Project #20240015)
David,
On December 19, 2023, 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 all of the following information is received:
Please provide a narrative, or construction details as appropriate, describing the method of pond dewatering
and how the discharge of sediment from the pond to surface water will be avoided and/or minimized during
dewatering. If existing dam infrastructure is to be used for dewatering, please provide details regarding the
infrastructure. [15A NCAC 02H .0506(b)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by February 23, 2024. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and appropriate fee.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
DE
NORTH CAROLINA -
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.

Moore, Andrew W
From: David Brown <[e-mail]>
Sent: Wednesday, January 24, 2024 10:34 AM
To: Moore, Andrew W
Cc: Boggs, Brandee C CIV USARMY CESAD (USA); Leslie, Andrea J
Subject: [External] Re: Request for Additional Information, UT Rock House Creek Restoration,
Mitchell County (DWR Project #20240015)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Andrew,
The following is the methodology for dewatering the ponds and controlling downstream discharge of the
impounded sediments:
1. Install a check dam upstream of the upper pond to hold in -flow, install and operate the pump around
system.
2. Open the outlet valve in the upper pond and dewater the pond at a rate of approximately 1-ft per day.
3. De -water the upper pond to the base elevation of sediments.
4. Excavate the pond sediments down to the elevation of the proposed stream channel/banks/floodplain
benches.
5. Spread sediment material evenly over north and east portion of upper pond footprint. Install erosion
control measures in the footprint of upper pond.
6. Lower/remove the upper pond dam.
7. Continue operation of the pump around.
8. Open the outlet valve in the lower pond & dewater the pond at a rate of approximately 1-ft per day.
9. De -water the lower pond to the base elevation of sediments.
10. Excavate the pond sediments down to the elevation of the proposed stream channel/banks/floodplain
benches.
11. Spread sediment material evenly over north and east portion of lower pond footprint. Install erosion
control measures.
12. Lower/remove the lower pond dam.
13. Remove pump around system once new channel is constructed.
14. Plant all disturbed areas with native vegetation per planning plans.
NOTE: If pond outlet valves are inoperable, the ponds will be dewatered using a pump.
Let me know if you have any questions or need additional information.
Thanks,
David
David Brown, PG
Sr. Geologist, Environmental Services Leader I Jennings Environmental, PLLC
828 384 1890
[e-mail]
Asheville, NC I jenningsenv.com

This information is confidential and is intended solely for use by the recipient and others authorized to receive it. Any disclosure, copying, distribution or taking
action in relation to this information is strictly prohibited and may be unlawful.
From: Moore, Andrew W <[e-mail]>
Date: Wednesday, January 24, 2024 at 9:24 AM
To: David Brown <[e-mail]>
Cc: Boggs, Brandee C CIV USARMY CESAD (USA)<[e-mail]>, Leslie, Andrea J
<[e-mail]>
Subject: Request for Additional Information, UT Rock House Creek Restoration, Mitchell County (DWR
Project #20240015)
David,
On December 19, 2023, 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 all of the following information is received:
1. Please provide a narrative, or construction details as appropriate, describing the method of pond dewatering
and how the discharge of sediment from the pond to surface water will be avoided and/or minimized during
dewatering. If existing dam infrastructure is to be used for dewatering, please provide details regarding the
infrastructure. [15A NCAC 02H .0506(b)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please provide your response by February 23, 2024. If all of the requested
information is not received, the Division will be unable to approve the application and it will be denied as incomplete.
The denial of this project will necessitate reapplication to the Division for approval, including a complete application
package and appropriate fee.
Feel free to contact me if you have any questions.
Andrew W Moore, P.G.
Environmental Specialist 11, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
E_
NORTH CAROLINA cl;
Department of Environmental Duality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.