20231675 Ver 1_WRC Comments_20240111

9 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
January 11, 2024
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: UT Three Top Creek Restoration
UT Three Top Creek, Ashe County
Dear Ms. Fuemmeler:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to impact 1,402 ft of an unnamed tributary (UT) to Three Top Creek in Ashe County.
I attended a design meeting on January 10, 2024. 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).
There are Brook Trout and Brown Trout in the project vicinity, and in -stream activities should be
avoided between October 15 and April 15 to minimize impacts to trout reproduction. The project
site is part of the Bluff Mountain Natural Area, a NC Natural Heritage Program natural area rated
as Exceptional due to the richness of rare species and its ecological significance. The Bog Turtle
[Glyptemys muhlenbergii, US Threatened (T) due to Similarity of Appearance, NC T], Orange -
barred Carpet Moth [Dysstroma hersilata, NC Significantly Rare (SR)], A Looper Moth
(Polychrisia morigera, NC SR), and Roan Sedge (Carex roanensis, NC SR) are found in the
ecologically important bog adjacent to the stream. In addition, Long-bracted Frog Orchid
(Dactylorhiza viridis, NC Endangered) and Elliptic Shinleaf (Pyrola elliptica, NC T) are found
near the project site.
The application proposes to stabilize an unstable reach of stream that is threatening to encroach
on the bog through installing j-hooks, boulder revetment, rootwads, and toewood, grading the
banks, and excavating excess sediment deposition. A native riparian buffer will be planted, and a
50-ft conservation easement will be implemented. An additional 574 ft of channel where no in -
stream work will be performed will be live -staked. Due to the size and geomorphology of the
stream, in -stream work will be isolated either with a pump -around or with a temporary diversion
structure. The work will be overseen by the project engineer. If flows are diverted from the
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

UT Three Top Creek Restoration Page 2 January 11, 2024
UT Three Top Creek, Ashe Co
channel, construction staff should rescue any stranded Brook Trout from the affected reach. The
bog will be completely avoided, with no equipment allowed within it.
We appreciate the coordination with the project team. We offer the following recommendations
to minimize impacts to the aquatic community:
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 work day.
2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that
may last for years.
3. In -stream activities should be done outside the October 15 to April 15 trout moratorium to
minimize impacts to Brook Trout spawning.
4. When flows are diverted from the channel, construction staff should rescue any stranded
Brook Trout from the affected reach.
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: Melanie Carter, Brushy Fork Environmental
Laura Fogo, US Fish and Wildlife Service
Seren Homer, NC Division of Water Resources