20160546 Ver 1_Approval Letter_20160815

N_
WaterResources
ENVIRONMENTAL QUALITY
August 15, 2016
State Employees Credit Union
Attn: Jim Schwalm, Vice President/City Executive
PO Box 457
Sylva, NC 28779
Western Builders of Sylva, Inc.
Attn: Roger Bartlett
PO Box 96
Sylva, NC 28779
PAT MCCRORY
caemor
DONALD R. VAN DER VAART
Svcrel.,
S. SAY ZIMMERMAN
Dr.""
DW R # 16-0546
Jackson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Mill Creek Stream Rehabilitation (State Employees Credit Union, Sylva)
Dear Mr. Schwalm and Mr. Bartlett:
You have our approval for the impacts listed below for the purpose described in your
application dated May 24, 2016, and received by the Division of Water Resources (Division) on
May 26, 2016 and additional information received via email on August 5, 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 13 once it is issued to you bythe U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or localpermits 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)]
State of NOM Carolina I Envionmeatal Quality l water Resoarees
2090 U.S. Hvry, 70 1 Swanaalma, NoM C—I.. 28778
8282964500

Mill Creek Stream Rehabilitation
DW R# 16-0546
401Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1
200 linear feet
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. Native vegetation shall be used for streambank stabilization. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
4. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H 0506(b)(2)
5. 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, streambanks, or vegetation may 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)]
6. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated lune 14, 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 1506 by
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 maybe obtained from the OAH athttp://www.ncoah.com or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the

Mill Creek Stream Rehabilitation
DW RN 16-0546
401 Approval
Page 3 of 4
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 5:00pm, 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
If sending 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
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 Tim Fox at 828-296-4664 or
tim.foxOncdenr.eov if you have any questions or concerns.
Sincerely, n\,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office -
Enclosures: GC 3885
Certificate of Completion
NCWRC Letter dated June 14, 2016

Mill Creek Stream Rehabilitation
DWR# 16-0546
401 Approval
Page 4 of 4
cc: Alec Stillwell, PE —Stillwell Engineering, PA (via email)
Steve Melin, LSS — Mountain Soils, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — DEMUR (via email)
Steve Beasley—Jackson County (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\lackson\401,\Non-DOT\Statd Employee Credit Union Slpa\APRVL.40IMiliCreekStreamRehabilitation8-15-16.dou

Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR U.S. ARMY CORPS OF
ENGINEERS NATIONWIDE PERMITNUMBERS 13 )BANK STABILIZATIONLAND
27 /WETLAND AND RIPARIAN RESTORATION AND CREATION).
AND REGIONAL,PERMIT 191800000 (BULKHEADS AND RIPRAPI
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 02B4O200 for the
discharge of fill 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 02B.0200
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 305 and 307 of the Public Laws 92.5011 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'T
a) All proposed fill or modification of wetlands and/or waters, including streams and
streambanks, regardless of the purpose ofthe restoration, enhancement, stabilization, or
creation activity, except for single andindependent projects involving In-streamstructures
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 strearnbank; 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 nprap, gabiombaskets, deflection walls etc of
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 (t 5A NCAC
02B .0200);: or
f) 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.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification mustinclude the appropriate fee. If a project also requires a
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. 3885
Activities Includedin this General Certification that do not meet one: of the thresholds
listed above do not require written approval from the Division as tong as they comply with
the. Conditions of Certification listed below. It any of these. Conditions cannot be met, then.
writtenapproval from the Division Is required.
Conditions of Certification:
1, Activities shall meet the definitions, design, and monitoring protocols specifiedwithin the US
Army Corps of Engineers Wilmington District Rogulatoty 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 or beyond: 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 standardsstatutes, or rules occur, Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance withall specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditionsand
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 they equal or exceed the requirements specified in the most
recent versiono-f the North Carolina Sediment and Erosion Control Manual. The devices
shall bemaintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -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 requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1979.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in watersor watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -1, WS -11 High Quality (HOW), or Outstanding Resource (ORW)waters, then the
sedimentation and erosion. control designs must comply with the requirements set forth
in 15A NCAC'04B 0124,Design Standards in SensitiveWatersheds.
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.-equilibrium 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 stormwategto 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
hip://portil.ncdenr.org/web/watws/su/nodessv4tab•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) stormwaterpermit.
6.. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (Le, 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.
(DMF), or National Marine Fisheries Service (NMFS) to lessen Impacts on trout, anadromous
fish, lawal/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 withthe appropriate WRC;
USFWS; NMFS,. and/or DMF personnel.
T. 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 practicesfrom the
most current version of the INC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rook 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 approval by the
Division.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
0. 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 constructedin accordance with 16A NCAC 028_0233, .0259,
:0243, .0250, ,0267 and .0605, and shall be located designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, includingdiffuse
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 shalt not be dischargedto waters of the stale
due to the potential for elevated pH and possible aquatic life/ fish kills..
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination 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.
11, 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
or cause disequilibrium during use of this General Certification.
12. Any riprap required for proper culvert placement, stream stabilization, or restorationof
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 destabilization of the stream bed or banks
upstream or downstream of the area
13. Any rip -rap used for stream stabilization shall be of a sizeand density so as not to be able to
be carried off by wave, currentaction or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall 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 isallowed in disturbed areas
including riparian buffers, but Is restricted to no closer than 10 feet from top of bankof
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

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 greater than one (1) acre of wetlands. For linear public transportation
projects, Impacts equal to or exceeding 150 linear feet 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 streammitigation requirements shall be. made 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 Divisionfor writtenapproval as required in those
protocols. The mitigation plan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division willaccept 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 onsite.
17. If an environmental document is required under the National or Slate Environmental Policy
Act (NEPA or SEPA) then this General Certification is not 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 Officemust be contacted
to determine. if Coastal Stormwater Regulationswill 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 applicant/permittee and their authorized agents shall conduct all activities in a manner
State and Federal Law. If the Division determines that such standards or laws are not tieing
met, including failure to sustaina 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 useof 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, 27699-1660,
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 permissionto 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 a 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 aspecific protect 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 have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses. of the wetland or downstream waters are precluded.
Public hearings may be heldfor specific applications or group of applications prior to a
Certification decision if deemed In the publics bestinterest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
_461
Charles Wakild, P.E.
Director
History Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3589 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 isrescinded 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

1�
Water Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrebry
S. JAY ZIMMERMAN
Director
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.
App[tcant's Certification
11 , 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
1, , 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:
pf this project was designed by a Certified Profession at
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
Stele of cra Cerolina I Enviromentel Qn1ity I Water Resources
1611 Mad—Center I Raleigh, North Carolina 276991611
9197079000

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
June 14, 2016
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Mill Creek Stream Restoration
Mill Creek, Jackson County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to restore 200 feet of Mill Creek behind the NC State Employees Credit Union office
in Sylva, Jackson County. I have visited the site multiple times in the past two months. 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).
This project should not affect trout and the activities do not need to be avoided during the trout
spawning moratorium. However, the site is approximately 1.5 miles upstream of the Tuckasegee
River, which supports a number of listed and rare aquatic species in the vicinity of the project,
including the Appalachian Elktoe [Alasmidonta raveneliana, US Endangered (E), NC E], Eastern
Hellbender [Cryptobranchus alleganiensis, US Federal Species of Concern (FSC), NC SC
(Special Concern)], Wavyrayed Lampmussel (Fasciola lampsihs, NC SC), and Wounded Darter
(Etheostoma vulneratum, US FSC, NC SC). This portion of the river is known as the
Tuckasegee River Aquatic Habitat, a natural area rated Very High due to the richness of rare
species it contains.
The application proposes to restore a section of Mill Creek that was channelized during recent
unpermitted activities. The channel was dug down to expose a clay substrate, and it is now
straight and has vertical banks. The design proposes to lay back the left bank to a 3:1 slope; it is
unclear if the right bank will be sloped back. Neither profile nor pattern will be adjusted. The
application states that riprap would be used to stabilize the banks, as the soils that remain would
not support vegetation. Trees, shrubs, and a riparian seed mix would be planted on top of the
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Mill Creek Stream Restoration June 14, 2016
Mill Creek, Jackson County
stream banks. Sediment that has been lost to the channel during stream channelization activities
is proposed to be removed after the stream restoration project is completed.
We recommend that the project be redesigned and a natural channel design approach be used.
The design should consider channel pattern, dimension, and profile, using reference reach
parameters. Appropriately sized and designed instream structures can be used to adjust the
profile without negatively impacting aquatic organism passage, Biostabilization should be used
on stream banks instead of riprap; soils may need to be imported and/or amended in order to
foster native vegetation on the banks.
We recommend incorporating as many native shrubs and trees as possible into the project, as
native woody vegetation will provide long-term bank stabilization, keep water temperatures cool,
and provide wildlife habitat.
We offer the following recommendations to minimize impacts to the aquatic community:
1. The project design should incorporate natural channel design concepts, and pattern,
dimension, and profile should be considered. Bioengineering techniques should be used to
stabilize stream banks instead of riprap.
2. 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.
3. In-stream restoration should be performed in the dry.
4. As sediment lost from unpermitted activities is moving downstream, we recommend
removing fine sediments as soon as possible instead of after the project is complete.
5. 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. -
6. We recommend that the project incorporate as many native trees and shrubs as possible. The
planted width should be as wide as infrastructure allows.
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
ea: Steven Melin, Mountain Soils
Alec Stillwell, Stillwell'Engineering
Tim Fox, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service