HomeMy WebLinkAbout20140832 Ver 2_Approval Letter_20170125cu
Water Resources
Environmental Quality
Resource Institute, LLC
Attn: Charles Anderson
2631 Reynolda Road
Winston-Salem, NC 27106
Donald and Wilson Crawford
728 Melrose Street
January 25, 2017
Katherine Tinsley
151 Valley Lane
Franklin, NC 28734
ROY COOPER
Gmenror
MICHAEL S. REGAN
se""I""
S. JAY ZIMMERMAN
IJfrecfor,
D W R # 14-0832 V2
Macon County
Winston-Salem, NC 27103
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Cartoogechaye Creek (Tinsley) Stream Restoration Project
Dear Mr. Anderson, Ms. Tinsley, and Mr. and Mrs. Crawford:
You have our approval for the impacts listed below for the purpose described in your
application dated December 20, 2016, and received by the Division of Water Resources
(Division) on December 28, 2016, with additional information received January 10, 2017. 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)]
>^Nothing Campares ,__
state of NOVIr Cnmllna I envuenmental Quality I Water Resourcas
20% U.S. luglnmy 70, Swuunanon, North Carolina 28778
828-296-4500
Cartoogechaye Creek (Tinsley) Stream Restoration Project
DWR# 14-0832 V2
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact 51
1,423 feet
Impact S2
154 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 applicant and/or authorized agent shall contact the Asheville Regional Office prior
to the commencement of construction to conduct a pre -construction meeting with the
North Carolina Wildlife Resources Commission, the construction contractor, and any
other interested agency personnel. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502
(e)]
4. The stream is a Class WS -III; Trout Waters. In order to protect downstream uses for
- Trout Waters 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]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(6)(2)]
6. Water shall not be released into any new channels until the stream and banks are
stabilized. [15A NCAC 02H .0506(6)(3)]
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. [35A
NCAC 02H .0506(b)(2) and (b)(3)]
Cartoogechaye Creek (Tinsley) Stream Restoration Project
DWR# 14-0832 V2
401 Approval
Page 3 of 4
8. 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 .0200 (3)(f)]
9. 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 Quality, 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 (800) 858-0368.
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 0213 .0200 (3)(f), and GS 143 Article 21A]
10. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated January 23, 2017
(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 1508 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. at.httpJ/www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 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 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431-3100, 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
Cartoogechaye Creek (Tinsley) Stream Restoration Project
D W Rtt 14-0832 V2
401 Approval
Page 4 of 4
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 Andrew Moore at 828-296-4684 or
And rew.W. Moore@ncdenr.Rov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
- NCWRC letter dated January 23, 2017 -- --
cc: Chris Engle- Wolf Creek Engineering, PL -C (via email)
David Brown - USACE Asheville Regulatory Field Office (via email)
Andrea Leslie - NCWRC(via email)
Stan Aiken - Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Macon\401s\Non-o0T\Ca rtoogechaye\V2\APRVL.CartoogechayeCreekStreamRestomtionV2.1-25-2oll.docx
Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENTAN
;STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
_CREATION ACTIVITIES INCLUbMG THbSEELIGIBLE FOR U S ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 13 WANK STABILIZATION) AND
27 fWETLAND AND RIPARIAN RESTOR,AT(ON ND CREATIONI.
ANDREGIONAL'RERMIT.197800080 (BULKHEADS AND RIPRq�
AND. RIPARIAN AREA PROTECTION RUL56 (BUFFER RULES
Water Quality Certification Number 3866 is issued in conformity with the requirements of$action
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 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 16A
NCAC 02B 0200.. "
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303,306 and 307 of the Public Laws 92-500 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 solepurpose 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
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of,greaterthan 600 feet of streambank length;: or
a) 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 (16A NCAC 02H.
.1300) DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A 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 Rulesl in effect at the time of
application) unless the activities am 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 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. 3885
Activities Included in this General Certification that do not meet one of the thresholds
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 Certifidatlow
1. Activities shall meet the definitions, design; and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guldance Letter(RGL02-02) and
the Stream Mitigation Guidelines (April 2003).orany subsequent updates 3o 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
constructionactivities 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 enforceable parts of this
permit.
3. Standard Erosion and Sediment Control Praotices _
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 they, equal or exceed the requirements specified in the most j
sites, borrow: sites, and waste pile (spoil) projects,
orrow 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 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 occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS -I,. 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 048.: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 erosioncontrol measures shall not he placed in wetlands or
not be
In,
son of Land Resources (DLR) or locally delegated program
within the project.
S. Construction 5tormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This permit allows stormwaterto 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 withpermit conditions including the. erosion &
sedimentation control plan inspections and maintenance, self-monitoring, recordkeeping
and reporting requirementsis required, A copy of the general permit (NCGQ10000),
inspection log sheets and other information may be found. at
�//portal ncdenrora/web/wo/ws/su/nodesswlftab-w.
The North Carolina: Department of Transportation (NCOOT) 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) stormwatet permit.
8. 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.
i (WRC) US Fish and Wildlife Service (USFWS) NO Division of Monne Fisheries
atlonai Marine Fisheries Service (NMFS) to lessen Impacts on trout, anadromous-
ost-larval fishes and crustaceans, or other aquatic species of concern shall be
d. Exceptions to this condition require written approval by the resource agency
for the divan moratorium.
Work within the twenty-five (25) designated trout counties or identified stateor federal
endangered or threatened species habitat shall be coordinated withthe 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 NO Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activitles 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) -hail be limited
to "Uses identified wllhin and constructed in accordance with 15A NCAC 02B .0233, .0259,
:024$ 0250, .0257 and .0005and shall be located designed, constructed, and maintained
to have minimaldisturbance to protect water quality to the: maximum extentpracticable
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 Her 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 grace, including, each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall bestabinzed with natural woody vegetation (except for the
.approved maintenance areas) and restored to prevent erosion.
11. All temporary pipes/ culverts/ ffptap pads etc, shall be Installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erasion Control Planning and
Design Manuel or the North Carolina Surface Mining Manuel so as notto restrict stream flow
or cause dis-equilibrium during use of this General Certification.
12. Any riprap required for proper culvert placement, stream stabilization or restoration of
temporarilydisturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip-rapshall burled 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-stablllzation of the stream bed or banks
upstream or downstream of the area
13. Any rip rap used forstream stabilization shall be of a size and density seas 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 Is allowed in disturbed: areas
.including riparian buffers, but isrestricted 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 rlprapgroins 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 be required for any project with Buffer Rules in effect atthe 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 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 Division for written approval 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 feeprogram ora
mitigation bank. Inthese 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 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 (he 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.
activities in a
met, including failure to sustain a designated or achieved use; or that State or federal law
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 uponcompletion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shell 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 1850 Mail
Service Center, Raleigh, NQ, 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 aspecific 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 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 affect upon water quality, including staleor
federally listed endangered or threatened aquatic species, or degrade the waters se that existing
uses. of the wetland or downstream waters are precluded.
Publlo hearings may be held for specific applications or groupofapplications prior tc a
Certification decision if deemed in the public's bestinterest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
ey
7"', �m _,fir
Charles. Wakild, 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 3825 issued March, 2007; WQC
Number 3495 issued December 31,: 2004; and. WQC Number 3399 issued March 2003, This
General Certification (a rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits andior when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3885
3ry
Water Resources
FAIV1OanIG1WI Quality
WR Project No.:
Applicant:
Project Name: _
ROY COOPER
Gove,'rnr
MICHAEL S. REGAN
Sa ry
S. JAY ZIMMERMAN
Uireetor
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 m send certificates from all of these.
Applicant'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
Agent's Cerh'fication
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
If this project was designed by a Certified Professional
L , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, enc.) 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
Nothing Compares." ..x:.. -
save of North Carohna I Environmental Quality I Water Resonate,
2090 U..S. Highway 70, Swmm:moa, Nunh Canlina 25778
828-564500
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
January 23, 2017
Mr, David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Cartoogechaye Creek (Tinsley) Stream Restoration Project
Cartoogechaye Creek, Macon County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to restore 1,577 feet of Cartoogechaye Creek and Tinsley Branch in Macon 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 vicinity of the project, and activities should be
avoided between October 15 and April 15 in order to avoid impacts to trout spawning. In
addition, this reach of Cartoogechaye Creek is part of the Cartoogechaye Creek Aquatic Habitat,
a natural area rated High by the NC Natural Heritage Program due to the richness of rare species
it contains. In the vicinity of the site, Cartoogechaye Creek contains the Eastern Hellbender
(Cyptobranchus alleganiensis), Wounded Darter (Etheostoma vulneratum), Little Tennessee
Crayfish (Combarus georgiae), and Smoky Dace (Clinostomus sp.), all of which are US Federal
Species of Concern and NC Special Concern. Trout and these raze species are especially
sensitive to excess sediment, and proper sediment and erosion control is essential to protect this
aquatic community.
We support this project as described, as it proposes to restore unstable reaches of stream and
improve in -stream habitat. Pattern, dimension, and profile will be restored where needed; a
bankfull bench, in -stream structures, brush toe, and a riparian buffer of 24 feet from the top of
the bank will be established. Where possible, existing woody vegetation will be protected.
Channel construction on Cartoogechaye Creek will be performed in the wet, and a temporary
barrier will be installed to isolate work areas from the current. An axial pump will route
sediment -laden water from the work area through a silt bag.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Canoogechaye Cr Stream Restoration Page 2 January 23, 2017
Cartoogechaye Cr, Macon County
We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. 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.
2. Any erosion control matting used should 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. Project activities should be avoided between October 15 and April 15 in order to avoid
impacts to trout spawning.
4. We request that shelter rocks potentially used by Hellbenders be left in place during
construction activities. Shelter rooks are typically large flat rocks at least a foot in diameter.
5. We request that a pre -construction meeting be held on-site with the contractor,
designer, and agency partners.
Thank you for the opportunity to review and comment on this project. Please contact me at
(828) 558-6011 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Chris Engle, Wolf Creek Engineering
Andrew Moore, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service