20031625 Ver 4_Other Agency Comments_20080428

~ North Carolina Wildlife Resources Commission ~
Apri128, 2008
Mr. William T. Walker
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Bright's Creek Golf Club, Mr. Thomas McKay
Individua1404 Permit Application -After-the-Fact
Polk County
Action ID No. SAW-2007-2492-375
DWQ No. 03-1625v.4
Dear Mr. Walker and Ms. Karoly:
Clearwater Environmental Consultants requested an Individua1404 Permit for Mr. Thomas McKay of
Bright's Creek Golf Club. Biologists with the North Carolina Wildlife Resources Commission
(Commission) visited the project area on several occasions and are familiar with the fish and wildlife
resources in the region. 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 applicant placed 214 feet of culvert in a tributary to Harm Creek for a road in phase 2 of the Bright's
Creek Golf Club in Polk County. This development has received several 404 permits and Water Quality
Certifications including for culverts and stream relocation in phase 1 and most recently temporary stream
impacts for utility line trenching in phase 2.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Bright's Creek Golf Club, Mr. Thomas McKay Page 2 Apri128, 2008
Polk County
Fishery data for Harm Creek are not available, but aquatic habitat appears marginal for trout, mostly because
of sedimentation. Construction of phase 2 of this development caused sedimentation in streams (Figure 1).
The project should not have harmed trout spawning.
On August 22, 2007, I visited the property in order to review the 404 application for water and gas line
crossings in phase 2 of the development. In addition to seeing erosion and stream sedimentation, one of the
crossings had been completed before the permit was issued (Figure 2). Also observed were culverts and rock
fills in what were or appeared to be perennial streams (Figures 3, 4, and 5). These streams had flowing water
even though the region was experiencing an extreme drought. No stream impacts were planned in phase 2
because bridges would be used. However, only the 214 foot culvert is now being considered an impact that
requires after-the-fact permitting.
The Commission does not object to permitting the culvert provided the crossing was unavoidable. However,
based on the plans, it appears that the crossing is not necessary to access lots. If this is accurate, then the
Commission would support removing the fill and restoring the stream.
Other stream impacts are planned to complete the 4,400 acre development including impoundments on
property to the northwest of phase 2. The Commission recommends that unavoidable impacts to waters on
developing properties like this be permitted in their entirety with comprehensive planning and compensatory
mitigation. This is because phased permitting can cause excessive or avoidable impacts when roads in the
initial phase/s do not thoroughly consider road extensions and the locations of streams, wetlands, and other
sensitive areas in later phases. Similarly, a stream and riparian area in the initial phase/s may be suitable for
mitigating some of the development. However, that opportunity may be lost if the area is already subdivided
and sold by the time the mitigation becomes necessary. Comprehensive planning can avoid these difficulties
as well as allow for a smoother and timelier development sequence.
If the culvert is permitted, then the Commission believes that adequate compensatory mitigation must be
provided. The proposed site on Bright's Creek is a good candidate for restoration or enhancement. It is
degraded because of access by horses and recent storm damage, though much of the erosion and channel
aggradation is likely attributable to increased stormwater discharge and sedimentation that is/was caused by
construction of the development. Nevertheless, if the site is approved, then it should be repaired using natural
stream design according to reference information. The application neither included reference information nor
a repair plan and little narrative description was provided. Therefore, the Commission recommends that this
information be obtained before permitting the project to ensure that it would adequately offset the stream
impacts. For example, reference information may show that the site only requires enhancement, in which
case additional mitigation would be needed. Also, baseline plans should be prepared so that anticipated
success of the project can be verified later. In the absence of plans, the results of the mitigation would be too
subjective.
The Commission appreciates the opportunity to assist the Army Corps of Engineers and the Division of
Water Quality with their review of the project. The Commission requests that its comments be given due
consideration. In particular, we recommend that the possibility of other unauthorized stream impacts in
this development be investigated if this has not already occurred. If there are any questions regarding
these comments, please contact me at [phone] extension 24.

Bright's Creek Golf Club, Mr. Thomas McKay Page 3 April 28, 2008
Polk County
Sincerely,
'~.,~ .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Clearwater Environmental Consultants
Mr. Kevin Barnett, NC Division of Vl,'ater Quality, Asheville
Ms. Becky Fox, U.S. Environmental Protection Agency
Mr. B. Tompkins, U.S. Fish and Wildlife Service, Asheville
Figure 1. Tributary to Harm Creek near site 9 of utility crossing permit application, August 22, 2007.

Bright's Creek Golf Club, Mr. Thomas McKay Page 4 Apri128, 2008
Polk County
Figure 2. Tributary to Harm Creek near site 14 of utility crossing permit application, August 22, 2007.
Figure 3. Culvert in tributary to Harm Creek, August 22, 2007.

Bright's Creek Golf Club, Mr. Thomas McKay Page 5 April 28, 2008
Polk County
Figure 5. Rock fill in Harm Creek near site 14 utility crossing, August 22, 2007.
Figure 4. Rock fill in tributary to Harm Creek, August 22, 2007.