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HomeMy WebLinkAbout20161277 Ver 1_Approval Letter_20170125ce. Water Resources Fmvlroamental Quality Charles F. Medford 52 Joe Medford Rd Waynesville, NC 28785 Charles D. Medford PO Box 148 Liberty, SC 29657 January 25, 2017 ROY COOPER Gonernm MICHAEL S. REGAN S'"c tmy S. JAY ZIMMERMAN Di,,,W DWR # 16-1277 Haywood County Vivian James Carlyle B. Ferguson 199 Guy Chambers Rd 3625 Iron Duff Rd Waynesville, NC 28785 Waynesville, NC 28786 Johnny B. Ferguson Mattie S. Smart 191 Ferguson Cove Loop 128 Sims Cir. Clyde, NC 28721 Waynesville, NC 28786 Roxanne Lucema Resource Institute, Inc. 3459 Iron Duff Rd Attn: Charles Anderson Waynesville, NC 28785 2631 Reynolda Rd. Winston-Salem, NC 27106 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dotson Branch Stream Restoration Dear Mr. Charles F. Medford, Ms. James, Mr. Carlyle Ferguson, Mr. Chutes D. Medford, Mr. Johnny Ferguson, Ms. Smart, Ms. Lucerna, and Mr. Anderson: You have our approval for the impacts listed below for the purpose described in your application dated December 19, 2016, and received by the Division of Water Resources (Division) on December 28, 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)] Sale oFN.rh Cmoliun I EuA.0 ,utal QaaGty I Watar Resonmea 2090 Us, Nigheay 70, Swaa.roz, Notlh Caudu a 28778 828-296-4500 Dotson Branch Stream Restoration DWRN 16-1277 401 Approval Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Impact Impact Sl 5,911 (linear feet) Impact S2 1,020 (linear feet Impact S3 329 (linear feet) Impact S4 1,685 (linear feet Impact S5 593 linear feet Impact S6 1,351 linear feet) Impact S7 309 linear feet) ImpactS8 197 (linear feet) Impact S9 102 (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 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)] 4. The designer or his designee shall supervise the installation of in -stream structures. [15A NCAC 02H .0506(b)(2)] 5. 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)] 6. 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 (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 02B.0211(12), and GS 143 Article 21A] - Dotson Branch Stream Restoration DWR# 16-1277 401 Approval. Page 3 of 4 7. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 0211,0506(b)(2)] 8. 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 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)] 9. 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)] 10. The permitee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [ 15A NCAC 02H .0507 (c) and 15A NCAC 0211.0506 (b)(2) and (c)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing awritten 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 httn://www.ncoah.com/ or by calling the OAR 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:OOam and 5:OOpm, 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: Ifsending 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 Dotson Branch Stream Restoration DWR# 16-1277 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 Kevin Mitchell at 828-296-4650 or kevin.mitchell@ncdem.gov if you have any questions or concerns. Sincerely, an PZ rice, 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, pllc. (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie —NCWRC (via email) Mark Pruett — Haywood County Erosion and Sediment Control (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) 0 \WR\WQ\Haywood\401s\Non-D0TWotson Branch Stream mntoration\APRVL.401 Dotson Branch Stream Restoration 01.25.2017.do. Water Quality Certification No. 3885 GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES INCLUDING THOBE ELIGELE FOR U.S. ARMY CORPS OF .ENGINEERS NATIONWIDE PE'RMIT NUMEERS 13 (BANK STABILI7Z'ION) AND 27 fW6TLAND ANDRIPARIAN RESTORATION AND CREATION). ND EGIONAL E R MIT t 7 Q0. 80 R MEADS AND RI RAP AND: RIPARIAN AREA PROTECTION RULES- (BUFFER RULES) Water Quality Certification. Number 38857s issued In conformity with (fie requirements of Section 401, Public Laws 92-500 and 95-21.7 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC'02H 0500 and. 15A NCAC 026 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 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 82400 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 pmposed fill or modification of wetlands and/or waters, including streams and streambanks, regardless of the purposeof 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 designedbased 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 forerosionprotection which utilize nomnatural armoring such as riprap, gabion baskets, 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($) of DWQ Wetland Rules (15A NCAC 02H ,0500), Isolated Weiland Rules (15A NCAC 02H. -1300),. DWQ: Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 62B .0200);: or Q Any impacts to streams and/or buffers In. the Neuse, Tar -Pamlico,. or Catawba River Basins or in the Randleman, Jordan or Goose Creek. Watersheds (or any other basin or watershed with Riparian Area Protection Rules [Buffer Rules] In effect at the time of application) unless the activities are listed as "EXEMPT' from these rules or a Buffer Authorization Certificate i$ 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 must include 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. 3886 Water Quality Certification No. 3885 then written approval frorn 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 shalt occur in wetlands,. waters, or riparian areas beyond the footprint of the impacts depicted in 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 performedso 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 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 9f 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, shall be maintained on all construction sites, borrow sites, and waste including contractor owned or leased borrow pits associated with the b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained to 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 Art and the Mining Act of 1971.. d. BUHICIent 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), $A WS -I, WS -II, High Quality (HQW)„or Outstanding Resource (QRW)waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC04B..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 Division If placement of set unavoidable then design an conducted In a manner that l adjacent to or upstream and. date that the Division of Land Res( the specific area within the project. or waters. lers is all not be or banks, I Erosion natural grade restored within -two .(2) months of it (DLR) or locally delegated program has released 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 andreporting requirements is required A copy of the general permit .(NCG010000), Inspection log sheets, and other information may be found at hftp,ili)ortal.ncdenr.org/web/wct/wa/su/npdesw4ab -w. The. North Carolina Department of Transportation (NCDOT) shall he 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. - 6. Construction Moratoriums and Coordination If activities must occur duringperiods of high biological activity (Le- sea turtle: nesting, fish spawning, or.blydnesting) then biological monitoring may be required atthe request of other state or federal agencies and coordinated with these activities. implemented. Exceptionsto this cond responsible for the given moratorium. son trout, anadromc s of concern shall be the resource agency 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 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 beat 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, 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 6, Riparian Area Protection (B,ufferjRules 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 Mies) shall be limited to "uses' Identified. within and constructed in accordance with l5A NCAC 02B .0233, .0259,. .0243 0250, .0267 and .0005, 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, 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 andwaters of the state. Water that inadvertently contacts uncured concreteshall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. 1o. Alltemporaryfllf and culverts shall be removed and theimpacted 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 bestabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 11. All temporary pipes( culverts/ dprap pads etc, shall be Installedin all streams: as outlined: in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Sunace Mining Manual so as not to 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 temporarily disturbed areas shall be restricted to the area directly 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 rip4rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area 13. Any rip -rap used for stream stabilization shall be of a size and 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 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. 16. 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 meetall the specific conditions for design and construction specified In 15A NCAC07H .1405. Water Quality Certification No. 3885 Water Quality Certification' No. 3885 16, Compensatory Mitigation In accordance. with 15A NCAC 02H .0606 (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 atthe time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. Adetermination 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 protocolsshall 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 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 on site. 17. If an environmental document isrequired under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification Is not valid until a 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 DWO: 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 requited Federal, State, or Local approvals. 20. The their authorized State and Federal Law. If the Division determine met, Including failure to sustain adesignated ore being violated, or that further conditions are mice Division. may reevaluate and modify this General. manner such standards or laws are not being �d use; or that State or Federal law is to assure compliance, then the 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 DWO Central Office in Raleigh at 1060 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 projectsproposed 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 Nlo. 3885 This General Certification shall expire on the sante qday as the expiration date of the corresponding Nationwide and/or Regional General: Permit The conditions in effect an the date of issuance of Certification fora specific protect: shall remain ineffect for the life of the project, regardless: of theexpiration 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 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 held for specific. applications or group of applications prior to. a Certification decision if deemed in the publics best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By M'Rw 4M� -F6! Charles Wauld, P.E. Director History. Note: Water Quality Certification (WQC) Number 3886 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 andlor when deemed appropriate by. the Director of the Division of Water Quality. Water Quality Certification No, 3885 NCO Water Resources EnvlmnlnCmal QonWy WR Pmject No.: Applicant: Project Name: ROY COOPER G....nm' MICHAEL S. REGAN 5'erremm S. JAY ZIMMERMAN Ulrceror 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 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 Certification I, , 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: If this project was designed by a Certified Professional I, , 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: Date Registration No. --- "Nothing -Compares .-u Stale or NmID Camhea I Nnvimnmen"I Quality I Wumv Reaonmes 2090 U.S. Highwav70, S—emanon, Norah Carolina 28978 828-29645011 ® 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: Dotson Branch Stream Restoration Project Dotson Branch and tributaries, Haywood County Dear Mr. Brown: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to restore 11,497 feet of stream on Dotson Branch and numerous tributaries in Haywood County. I visited the site with agency partners and the stream designer on January 18, 2017. 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). - Project activities should not impact wild trout and do not need to be avoided during the trout moratorium. We support this project as described, as it proposes to restore extremely unstable reaches of stream and improve in -stream habitat. Pattern, dimension, and profile will be restored where needed; a bankfull bench, in -stream structures, and a riparian buffer of at least 25 feet in width will be established. Work will be completed in the dry. Cattle will be excluded from the project reach. 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. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 Dotson Br Stream Restoration Page 2 January 23, 2017 Dotson Br, Haywood County - 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 cc: Chris Engle, Wolf Creek Engineering Kevin Mitchell, NC Division of Water Resources Byron Hamstead, US Fish and Wildlife Service