20090251 Ver 1_WRC Comments_20090319

S North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
March 19, 2009
Mr. David Baker
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 US Forest Service, Ms. Marisue Hilliard
NFSR 472 Bridge, Left Prong South Toe River, Yancey County
DWQ NO. 09-0251
Dear Mr. Baker and Ms. Karoly:
The US Forest Service 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).
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 involves constructing a bridge on NFSR over the Left Prong of South Toe River in Yancey
County. The bridge would replace a low water, concrete ford that has washed-out.
The Upper South Toe River watershed supports excellent wild trout fisheries. Wild brook trout are in the Left
Prong of the river at the project site. Removal of the ford may eliminate an impediment to trout passage.
However, the work has the potential to harm trout, particularly if construction causes considerable erosion and
sedimentation during the spawning season.
The Commission can concur with a permit for the project if:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
USFS, NFSR 472 Bridge Page 2 March 19, 2009
Yancey
1. The Nationwide and Final Regional conditions are adhered to. This includes avoiding stream and
trout buffer disturbance during the October 15 to April 15 period when brook trout spawn.
2. Sediment and erosion control measures for sensitive watersheds (15A NCAC 4B .0124) are used and
maintained until all disturbed soils are permanently stabilized. All bare soil is seeded as soon as
possible following disturbance. Erosion control matting (e.g. coconut fiber or equivalent) is used
with seeding on disturbed stream banks and is anchored with staples, stakes, or, wherever possible,
live stakes of native trees. Tall fescue is not used along streams.
3. Sandbags, flexible pipe, or other stable and temporary diversion structures are used to avoid
excavation in flowing water.
4. The natural dimension, pattern, and profile of the channel upstream and downstream of the bridge are
not modified. However, the unstable and overly wide channel within and near the ford foot print is
restored to resemble natural, stable portions of the stream.
5. Storm water from the roadway is directed to vegetated buffer areas or detention basins and not routed
directly to the stream as concentrated flow.
Only clean, large, angular rock, large woody material, or other natural stream design materials and
techniques are used for bank stabilization. Any rock that is used on the banks is clean and limited to
the area below the high water mark. Materials are not placed in the stream channels in a manner that
overly constricts flow, that contributes to erosion, or that impedes aquatic life movements during low
flows.
7. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Where disturbance
for temporary access is necessary, trees and shrubs are cut and the stumps and roots left in the ground
to resprout (i.e. no grubbing). Disturbed stream banks, particularly upstream of the bridge at the
removed ford location, are replanted with native trees and shrubs (e.g., rhododendron, dog hobble).
This will help provide long-term bank stability and stream shading. Stream banks in these areas
should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of
wheat, millet or other grain.
8. Waste materials such as concrete from the ford are disposed of in a suitable upland site and not in or
along the stream.
9. Heavy equipment is operated from the bank whenever possible. All heavy equipment operated near
water is inspected and maintained regularly to prevent stream contamination.
10. Hydroseed mixtures and wash-waters do not reach streams.
Thank you for the opportunity to review and comment on this project. Commission staff may inspect the
work site during or after construction. Please contact me at [phone] extension 24 if there are any
questions regarding these comments.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Chuck Cranford, NC Division Water Quality
Mr. Lynn Hicks, US Forest Service