20090106 Ver 1_Other Agency Comments_20090209

E North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
February 9, 2009
Ms. Liz Hair
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: Nationwide Permit Application for The Biltmore Company and West Side, LLC
Bridge over French Broad River, Buncombe County
DWQ NO. 09-0106
Dear Ms. Hair and Ms. Karoly:
The Biltmore Company and West Side, LLC 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
(ACOE). This project involves constructing two temporary causeways, bank armoring, and concrete pier
construction for a bridge across the French Broad River near Asheville. 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 project should not harm trout, but it may harm rare mussels that occur in the river. These include the
NC Threatened creeper (Strophitus undulates) and possibly the NC Endangered slippershell (Alasmidonta
viridis). The federal Endangered Appalachian elktoe was recently discovered in the river several miles
upstream from this project, though no recent surveys for this species have been done in the project
vicinity. A mussel survey should be completed in the immediate footprint of the causeways, piers, and
bank armoring and any mussels found moved to suitable habitat upstream. A mussel survey and
relocation was requested for the ferry channel dredging project that the applicants' planned last year.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
The Biltmore Company and West Side, LLC Page 2 February 9, 2009
Buncombe
If the ACOE permits this project, then the Commission recommends that the Nationwide Permit conditions be
strictly followed. In addition, the Commission recommends that the following conditions be included to
minimize adverse effects of the project on fish and wildlife resources:
Any in-river excavation does not occur from March through June of any year to avoid harm to
smallmouth bass spawning.
The causeways, piers, and bank armoring areas are surveyed for mussels by a qualified individual/s. If
mussels are found, then they are moved to suitable habitat upstream before any filling or excavation is
undertaken. A report of the survey is provided to the Commission.
3. Drilling and concrete forms are isolated from the river with temporary diversion structures.
4. The causeway materials are removed down to pre-fill grade after piers are constructed.
5. Navigation on the river by canoeists and other small craft boaters is not blocked by the work or final
bridge.
6. 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 following ground disturbance. Erosion control
matting is used with seeding on disturbed river banks and is anchored with staples, stakes, or, wherever
possible, live stakes of native trees. Tall fescue is not used.
Rock, sand, or other materials are not excavated from waters except in immediate permitted areas.
Instream dredging has severe, adverse effects on aquatic life and disturbance of the natural form of
channels can cause erosion.
8. All heavy equipment operated near water is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
9. Refueling occurs where any spills can be contained and not on the open river.
10. Hydroseed mixtures and wash-waters do not reach streams.
11. Disturbance of vegetation, particularly trees and shrubs, is minimized wherever access by heavy
equipment is required. Roots are left in the ground (e.g. no grubbing) to resprout in temporary access
areas. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch,
red maple) is replanted where vegetation is permanently removed in order to provide bank stability and
shading.
Thank you for the opportunity to review and comment on this project. 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: C1earWater Environmental Consultants
Mr. S. Fraley, NC Wildlife Resources Commission