20080594 Ver 1_WRC Comments_20080414

~ North Carolina Wildlife Resources Commission ~
April 14, 2008
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Nationwide Permit Application for Darlene Dickerson
Culvert in tributary to Tusquitee Creek, Clay County
DWQ No. 08 0594
Dear Mr. McMillan:
Ms. Darlene Dickerson 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). The project
involves placing 90 feet of culvert in a tributary to Tusquitee Creek near Hayesville because a newly built
garage is within the protected buffer. 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).
Tusquitee Creek is stocked with trout and supports wild rainbow trout. It also supports sensitive aquatic life like
hellbenders. The proposed culvert installation has the potential to harm trout spawning because of proximity to
Tusquitee Creek.
Placement of the culvert would reduce the contribution of sediment and other non-point pollution the stream
receives from the surrounding area. However, it would also constitute a permanent loss of stream habitat and
possibly impede aquatic life movements. Therefore, the Commission recommends planting native trees and
shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow,
sycamore...) between the garage and stream rather than addressing the buffer violation by piping the stream.
Storm water from the garage and parking should be routed diffusely through the established buffer. Ground
cover, but not tall fescue, should be used to stabilize any disturbed soils here and elsewhere on the property.
However, if the project is permitted and pursed, then the Commission can concur if:
1. The Nationwide and Final Regional conditions are adhered to. This includes partial burial of the culvert in the
stream bed as stipulated in Final Regional Condition 3.6. Final Regional Condition 1.2 can be modified to
avoiding construction of the project from January 1 to April 15.
2. Sediment and erosion control measures are used and maintained. Exposed soils along the stream are
covered with erosion control matting and seeded as soon as possible following culvert placement.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Dickerson Page 2 April 14, 2008
Clay
Thank you for the opportunity to review and comment on this project. 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,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
Cc:
Mr. Kevin Barnett, NC Division of Water Quality, Asheville