20071764 Ver 1_WRC Comments_20071126

~ North Carolina Wildlife Resources Commission ~
November 26, 2007
Mr. Steve Chapin
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, 401Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Environmental Banc & Exchange Nationwide 27 Permit Application
North Muddy Creek Site
McDowell and Burke Counties
DWQ No. 07-1764
Dear Mr. Chapin and Mr. McMillan:
Kimley-Horn and Associates on behalf of Environmental Banc & Exchange requested a letter of
concurrence from the North Carolina Wildlife Resources Commission (Commission) fora 404 Permit
from the U.S. Army Corps of Engineers. 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 enhancing and restoring about 4,400 of tributaries to North Muddy Creek and 11.6
acres of wetlands near Nebo using natural design techniques. Riparian vegetation will be established
along the stream reaches.
Muddy Creek is on the 303d list for sediment degradation and drains to the Catawba River tailrace below
Lake James. The river is being managed as a trophy brown trout fishery under the Commission's Designated
Public Mountain Trout Water Program. Trout probably do not occur near the project site and the Catawba
River is a considerable distance downstream of the project site, so adherence to Final Regional Condition 1.2
is not necessary. Nonetheless, effective sediment and erosion controls should be used during construction to
minimize the project's contribution to the watershed's impairment.
The loss of mature trees in the riparian areas should be avoided as much as possible. Preserving mature
vegetation promotes the stability of the channel work and provides seed sources for natural regeneration,
organic material to the stream, and riparian habitat complexity until planted vegetation matures. Where trees
are removed, their use in vanes or other structures should be considered because woody debris is a common
physical component of piedmont streams.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Environmental Banc & Exchange Page 2 November 26, 2007
McDowell and Burke Counties
The Commission can concur with a permit for the project if the following recommended conditions are
attached and used to help conserve fish and wildlife resources:
1. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and
techniques are used for bank stabilization. Materials are not placed in the stream channels in a
manner that overly constricts stream flow or that impedes aquatic life movements during low flow
conditions.
2. Rock, sand, or other materials are not excavated from the stream channels except where necessary to
construct structures or to reestablish a natural channel according to reference information. These
materials are unstable in flowing-water situations and are unsuitable for bank stabilization
3. Only existing and actively eroding areas are stabilized. Grading and backfilling is minimized and tree
and shrub cover retained where possible to ensure long term availability of stream bank cover for
aquatic life and wildlife. Backfill materials are obtained from upland sites.
4. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible after ground disturbance and
erosion control matting is used with seeding on disturbed stream banks. Matting is secured with
staples, stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
5. In-water excavation is conducted in dry work areas whenever practical. Sandbags or other diversion
structures are used where needed to minimize any excavation in flowing water.
6. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
7. Hydroseed mixtures and wash-waters do not reach streams.
8. Disturbance of riparian vegetation is kept to a minimum. Where disturbance for temporary access is
necessary, trees and shrubs are cut and the stumps and roots left to resprout. Disturbed stream banks
and the widest possible zone outward from the restored stream channels are planted with native trees
and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore). This will help provide long-term bank stability and stream shading. Note, silky
dogwood, silky willow and black willow can be planted as live stakes collected during the dormant
season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top
of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these
areas are also seeded with a native seed mix with a temporary nursery crop of wheat, millet or other
grain.
9. If pasture along the streams and around wetlands will be used for grazing, then fences are constructed
to prevent livestock from entering the replanted areas and streams.
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,
k
~~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Norton Webster, Environmental Banc & Exchange
Mr. Kevin Barnett, NC Division of Water Quality, Asheville