20090031 Ver 1_WRC Comments_20090123

9 North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
January 23, 2009
Ms. Loretta Beckwith
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: Macon County Soil and Water Conservation District Nationwide Permit Application
Streambank stabilization, Cartoogechaye Creek, Macon County
DWQ No. 09-0031
Dear Ms. Beckwith and Ms. Karoly:
Mr. Doug Johnson of the Macon County Soil and Water Conservation District requested a letter of
concurrence from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit
from the U.S. Army Corps of Engineers. The project involves stabilizing about 225 feet Cartoogechaye
Creek using natural stream design techniques and riparian vegetation restoration. 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).
Trout spawn in Cartoogechaye Creek at the project site. Project construction may harm trout, particularly
if it caused sedimentation during the spawning season.
The Commission supports the planting of riparian vegetation with this project, as proposed. A dense
cover of trees and shrubs is critical to the long-term stability of most streams in the mountains of North
Carolina. Rapid establishment of root material in streambanks is particularly important to the success of
stream improvement and stabilization projects. Likewise, it is important to maintain existing riparian
vegetation where grading work is not necessary. Mature vegetation provides shading, organic material to
streams, and seed sources that expedite natural regeneration.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Macon Co. SWCD Page 2 January 23, 2009
Where single arm vanes are constructed, rock or log sills that connect the end of the vanes to the opposing
stream banks are recommended. This helps avoid the flow deflection and sediment aggradation that
sometimes occurs with single arm vanes constructed without a sill connection or just a few single
scattered boulders comprising the "hook".
The Commission can concur with a permit for the project if the following recommended conditions are
attached and used to help conserve fish and wildlife resources:
1. In-stream construction and bank disturbance are avoided during the trout spawning season (October
15 to April 15).
2. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and
techniques are used for bank stabilization. Materials are not placed in the stream channels in a
manner that overly constricts stream flow or that impedes aquatic life movements during low flows.
3. Rock, sand, or other materials are not excavated from the stream channels except where necessary to
construct structures or to reestablish a natural channel according to reference information. These
materials are unstable in flowing-water situations and are unsuitable for bank stabilization
4. Only existing and actively eroding areas are stabilized. Grading and backfilling is minimized and tree
and shrub cover retained where possible to ensure long term availability of stream bank cover for
aquatic life and wildlife. Backfill materials are obtained from upland sites.
5. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible after ground disturbance and
erosion control matting is used with seeding on disturbed stream banks. Matting is secured with
staples, stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
6. In-water excavation is conducted in dry work areas whenever practical. Sandbags or other diversion
structures are used where possible to minimize any excavation in flowing water.
7. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
8. Hydroseed mixtures and wash-waters do not reach streams.
9. Disturbance of riparian vegetation is kept to a minimum. Where disturbance for temporary access is
necessary, trees and shrubs are cut and the stumps and roots left to resprout. Disturbed stream banks
and the widest possible zone outward from the restored stream channel are planted with native trees
and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore). This will help provide long-term bank stability and stream shading. Note, silky
dogwood, silky willow and black willow can be planted as live stakes collected during the dormant
season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top
of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these
areas are also seeded with a native seed mix with a temporary cover of wheat, millet or other grain.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
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.
Macon Co. SWCD Page 3 January 23, 2009
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
Cc: P. Dow, Altamont Environmental, Inc.