20160375 Ver 1_Approval Letter_20160512

KC
WaterResaurces
ENVl
......Tal a UAUIv
May 13, 2016
USDA Forest Service
Mr. Allen Nicholas
160 Zillicoa St., STE A
Asheville, NC 28801
PAT MCCRORY
covemo.
DONALD R. VAN DER VAART
se�remry
S. JAY ZIMMERMAN
DIreGOY
DWR# 16-0375
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Thorps Creek Stream Rehabilitation Project at Mortimer Campground
Dear Mr. Nicholas:
You have our approval for the impacts listed below for the purpose described in your application
dated April 5, 2016, and received by the Division of Water Resources (Division) on April 18,
2016. These impacts are covered by the attached Water Quality General Certification Number
3885 and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Sere fNOM Carofwa I E -. WA Qael IWater Resouewa
2090 ¢S. Hwy. 70 I Swaaneaoa, North Carofwa 28778
8282964500

Thorps Creek Steam Rehabilitation Project at Mortimer Campground
DWRk l&0375
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact S1
700 (linear feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate fee.
If the property is sold, the new owner must be given a copy of this approval letter and
General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in -stream structures.
[ 15A NCAC 02H .0506(b)(2)]
4. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
5. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
7. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetationmay require future
repairs or replacement, which requires coordination with the Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]

Thorps Creek Stream Rehabilitation Project at Mortimer Campground
DWR4 16-0375
401 Approval
Page 3 of 4
8. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. The stream is a Class C, Trout Water, and Outstanding Resource Water (ORW). In
order to protect downstream uses for Class C, Trout Water, and ORW a requirement of
this Certification is that any additional work conducted within the stream may not occur
between the dates of October 15 through April 15. [ 15A NCAC 02H .0506 (b)(2) and
15A NCAC 04B .0125]
10. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated May 4, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 15013by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Thorps Creek Stream Rehabilitation Project at Mortimer Campground
DWR4 16-0375
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchell( iicdem.eov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated May 4, 2016
cc: Brady Dodd — USDA Forest Service, Hydrologist (via email)
William Elliott —USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQtCaldaeI140lsWon-DOT\Thorps Creek Stream Rehab ProjectwRVL.401 Thorpe Creek Rehab Project.
5.1 L2016.doex

Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN.REBTORAT(ON.AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLEFOR U:S ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 1$RNK STABILIZATION) AND
21(WETLAND AND RIPARIAN'.RESTORATlON:AND CREATIONh
AND REGIONAL PERMIT 197800089 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3885 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the. United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H .0500 and. 15A NCAC 02B .0200 for the
discharge of till material to waters as described In 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 026 .0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92.600 and
95.217 if conducted In accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a) All proposed fill or modification of wetlands and/or waters, including streams and
- streambanks, regardless of the purpose of the restoration, enhancement, stabilization, or
creation activity, except for single and independent projects involving in -stream structures
for the sole purpose of streambank stabilization, which are designed based on current
natural channel techniques, and do not exceed a total of three structures within 100 feet
or less of streambank; or
b) Any stream relocation; or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non -natural armoring such as riprap, gabion baskets, deflection walls etc of
greatar than 150 feet in streambank length; or
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 500 feet of streambank length; or
e) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H ,0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200); or
n Any impacts to streams and/or buffers in the Neuse, Tar -Pamlico,. or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules) in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued. through N.C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
Inaccordance with North Carolina General Statute 143-215.3D(e), written approval for a401
Water Quality General Certification must include the appropriate fee. If a project also requires
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3885

Water Quality Certification No, 8885
Activities Included in this General Certification that do not meet one: of the thresholds 'i -
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Conditions of Certification;
1, Activities shall. meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District. Regulatory Guidance Letter (RGL02-02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates to these
documents..
2. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the Impacts depicted in the Pre -Construction Notification, as
authorized In the written approval from the Division orbeyond 'the thresholds established for
use of this Certification without written authorization including incidental impacts. All
construction activities, including the design; installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards, statutes, or rules occur. Approved plans and
specifications for this project are incorporated by reference and are enforceablepartsof this
permit.
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions: and
requirements of the NPDES Construction Stormwater.Permit issued to the site,
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that thev eaual or exceed the reaulrements soecified in the most
on all construction sites,. borrow sites, and waste pile (spoil) projects,
owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained In accordance with the most recent version of the
North Carolina Surface Mining Manual
c. Reclamation measures and implementation must comply with the reclamation In
accordance with the requirementsof the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be onsite at all times.
e. If the project occursin waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS -l; WS -II, High Quality (HOW),. or Outstanding Resource (ORW)waters, then the
sedimentation and erosion control designs must comply with therequirements set forth
in 15A NCAC 04B..0124,. Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in.dis-equllibrlum of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within. two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
5. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, Inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required A copy of the general permit.(NCG010000),
inspection log sheets, and other information may be found at
http://Portal.nodenr.org/web/ lws/su/np dessw#tab-w.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
S.. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
Commission (WRC) US Fish and Wildlife Service (USFWS),.NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NINES) to lessen Impacts on trout, anadromous
fish, larval/post-larval fishesand crustaceans, or other aquatic. species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened. species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,. and/or DMF personnel.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted so: that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment. and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in Flowing water.
Exceptions to this condition require application submittal to and written approvalby the
Division.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
8. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules). shall be limited
to "uses' identified within and constructed in accordance with 15A NCAC 02B .0233, .0259,
.0243, .0250, ,0267 and.0605, and shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to themaximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
9. If concrete is used during. the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic Iifel fish kills.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 daysofthedetermination that the temporary impact is no longer
necessary, The impacted areas shall'. be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
91. All temporary pipes/ culverts/ riprap pads etc, shall be Installed in all streams as outlinedin
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow
orcause dis-equilibrium during use of this General Certification.
12, Any riprap required for proper culvert placement stream stabilization, or restoration. of
temporarily disturbed areas shall be restricted to the areadirectly impacted by the approved
construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of lhe area.
13. Any rip -rap used for stream stabilization shall be of asize and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip-rapshall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
14. A one-time application of fertilizer to re: -establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
15. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division. of Coastal Management General Permit for construction. of Wooden and Riprap
Groins In Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Water Quality Certification No. 3885 4

Water.Quality Certification No. 3885
16, Compensatory Mitigation
In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greaterthan one (1) acre of wetlands. For linear public: transportation
projects, impacts equal to or exceeding 150 linear feat per stream shall require mitigation.
Buffer mitigation may berequired for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with. Mitigation' or "Prohibited" within the
Table of Uses.
A. determination of buffer, wetland, and stream mitigation requirements shall bemade for any
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for writtenapproval as required in those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
17. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification Isnot valid until Finding of No
Significant Impact (FONSI) or Record.. of Decision (ROD) is issued by the State
Clearinghouse.
18. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations. will be required.
19. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. The applicantlpermittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d). of the Clean Water Act) and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met including failure to sustain a designated or achieved use or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and. modify this General Water Quality Certification.
21. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
22. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order to ensure compliance with all applicable water quality and effluent
standards.
23. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours..
Water Quality Certification No. 3885

Water Quality Certification No. 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil '..
penalties,
The Director of the North Carolina Division of Water Quality may require submission of a formal
application. for Individual Certification for any project in this category of activity if it is determined
that the project is likely to havea. significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species or degrade the waters sothat existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best Interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER. QUALITY
By
M,'M� 41
Charles Waluld, P. E.
Director
History Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007; WQC
Number 3495 issued December 31,. 2004;. and WQC Number 3399 issued March 2003, This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits and/or when deemed appropriate by
the Director of the Division:. of Water Quality.
Water Quality Certification No. 3885 B

Water Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant: _
Project Name:
PAT MCCRORY
nn.emnr
DONALD R. VAN DER VAART
Seo maty
S. SAY ZIMMERMAN
Olremor
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. it is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due cue and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date
Agent's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date
!f this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.
Date
Slate omour Carbon I EmUmunenml Quality I Water RVI
1611 Mail mroioe Center I Relelgh, Noah Galin 27699.1611
919707 A700

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
May 4, 2016
Mr. William Elliott
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Thorps Creek Stream Enhancement Project
Thorps Creek, Caldwell County
Dear Mr. Elliott:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to enhance 700 feet of Thorps Creek in the Pisgah National Forest in Caldwell
County. 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 Rainbow and Brown Trout in the project vicinity and project activities should be
avoided between October 15 and April 15 to protect trout spawning. Downstream Wilson Creek
is part of the Wilson Creek Aquatic Habitat, a natural area recognized by the NC Natural
Heritage Program for the richness of rare species it contains. Just downstream of the project, the
Seagreen Darter (Etheostoma thalassinum, NC Significantly Rare), is found.
We support the project as described, as it should remove two in -stream structures, one which is a
barrier to aquatic organism passage in Thorps Creek. A 700 ft eroding reach on Thorps Creek
will be stabilized, using a bankfull bench, in -stream structures, and riparian planting. Work will
be performed in the dry, with flows pumped around the subject reach during construction.
There is a vented ford upstream of the project that serves as a barrier. We strongly recommend
that the USFS remove this barrier in the future.
We offer the following recommendations to minimize impacts to fish and wildlife:
1. Vigilance should be 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.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Thorps Creek Stream Enhancement Project
Thorps Creek, Caldwell County
May 4, 2016
2. Any erosion control matting used 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.
3. In -stream work should be avoided between October 15 and April 15 to avoid impacts to
Brown Trout and Rainbow Trout spawning.
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,
Ah` d '
Andrea Leslie -
Mountain Region Coordinator, Habitat Conservation Program
ec: Brady Dodd, US Forest Service
Kevin Mitchell, NC Division of Water Resources
David Goodfred, NC Wildlife Resources Commission