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HomeMy WebLinkAbout20071890 Ver 1_Other Agency Comments_20071127® North Carolina Wildlife Resources Commission ~ November 27, 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: NC EEP, Mr. Guy Pearce Nationwide 27 Permit Application Blockhouse Creek Restoration Project Polk County DWQ No. 07-1890 Dear Ms. Hair and Mr. McMillan: Mr. Mickey Clemmons of Baker Engineering NY, Inc. on behalf of Mr. Guy Pearce of NC EEP 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 6,000 feet of Blockhouse Creek and tributaries near Tryon using natural channel design techniques. Riparian vegetation will be established along the project reaches. The project should not harm trout, so adherence to Final Regional Condition 1.2 is not necessary. The Commission has no major concerns with the project approach. However, as stated in the application, we strongly encourage saving large mature trees as much as possible. Preserving this 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. Log vanes are proposed with this project. However, during construction we encourage evaluation of more vanes and root wads instead of the rock toe design that may be used in outside meanders. 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: Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-172] Telephone: (919) 707-0220 Fax: (919) 707-0028 NC EEP Polk County Page 2 November 27, 2007 I. 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 channel 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 stream is to be used for grazing, a fence is constructed on the field side of the stabilization zone/s to prevent livestock from entering the replanted area and the stream. 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 (828) 452-2546 extension 24. Sincerely, ~~ . Dave McHenry Mountain Region Coordinator Habitat Conservation Program cc: Mr. Guy Pearce, NC EEP Mr. Mickey Clemmons, Baker Engineering NY, Inc. Mr. Kevin Barnett, NC Division of Water Quality, Asheville