20072161 Ver 1_WRC Comments_20071231

~ North Carolina Wildlife Resources Commission ~
December 31, 2007
Ms. Amanda Jones
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: Rutherford Electric Membership Corporation Nationwide Permit Application
Womack Road to Pea Ridge Substation line, Polk County
DWQ No. 07-2161
Dear Ms. Jones and Mr. McMillan:
The Rutherford Electric Membership Corporation 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). Comments from the Commission are provided 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 involves constructing seven rock fords and culvert road crossings in unnamed tributaries to Walnut
Creek and the Green River in order to upgrade an overhead electric transmission line.
The project should not harm trout spawning. However, there are records for whorled horsebalm (State
Significantly Rare -Threatened) and other rare plants near and possibly within the project area. Therefore, the
Commission recommends that the applicant contact James Padgett with the Natural Heritage Program (828-429-
2908) to determine whether some measures to protect rare plants would be advisable.
Timber mats are recommended instead of "hard" steam crossings where temporary access is needed for utility
construction. Mats can be removed when crossings are no longer needed. They do not require 404 permits if they
completely span stream channels. And they are less likely to impede aquatic life movements and to cause stream
channel erosion like culverts and fords can. For some culverts, the plans show inlet or outlet protection that may
block aquatic life movements. It is important that rock and other materials not be placed in stream channels so that
movements are impeded, such as occurs when stream flow percolates beneath or through fill.
If the project is permitted, then the Commission can concur if:
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Rutherford Electric Membership Corporation Page 2 December 31, 2007
Polk
1. The Nationwide and Final Regional conditions (with exception of 1.2) are adhered to. This includes
partial burial of culverts into stream beds (see Final Regional Condition 3.6) and maintaining the
hydrology of wetlands that may become isolated by fill.
2. Vegetation along streams, especially trees and shrubs, is preserved as much as possible to avoid
causing bank instability. Where vegetation impedes access, it is cut and the stumps and roots left in
the ground to resprout.
3. 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 following ground disturbance.
Erosion control matting is used with seeding on disturbed stream banks and is anchored with staples,
stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
Thank you for the opportunity to review and comment on this project. If there are any questions regarding
these comments, please contact me at [phone] extension 24.
Sincerely,
U• ~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Fred Blackley
Kevin Barnett, NC Division of Water Quality, Asheville