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HomeMy WebLinkAbout20030618 Ver 2_Other Agency Comments_20090730North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director July 30, 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 Town of Fletcher Streambank stabilization, Cane Creek, Henderson County DWQ No. 03-0618 v2 Dear Ms. Hair and Ms. Karoly: The Town of Fletcher 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 100 feet of Cane Creek using a rock cross vane and riparian vegetation planting. 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 spawning. The Commission supports the planting of riparian vegetation with this project, as proposed. A dense cover of riparian 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 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: (919) 707-0220 - Fax: (919) 707-0028 Town of Fletcher Page 2 July 30, 2009 Henderson County 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. Only clean, large, angular rock, root wads, logs, or other natural stream design materials and techniques can be used for bank stabilization. Materials must not be placed in the stream channels in a manner that overly constricts flow or that impedes aquatic life during low water. 2. Rock, sand, or other materials must not be 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 and are unsuitable for bank stabilization 3. Only existing and actively eroding areas can be stabilized. Grading and backfilling must be 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 must be obtained from upland sites. 4. Sediment and erosion control measures must be used and maintained until all disturbed soils are permanently stabilized. All bare soil shall be seeded as soon as possible after ground disturbance and erosion control matting used with seeding on disturbed stream banks. Matting should be secured with stakes or, wherever possible, live stakes of native trees. Tall fescue must not be used along streams. 5. In-water excavation shall be conducted in dry work areas whenever practical by using sandbags or other temporary diversion structures. 6. All heavy equipment operated near streams must be inspected and maintained regularly. 7. Hydroseed mixtures and wash-waters must not reach streams. 8. Disturbance of riparian vegetation shall be kept to a minimum. Where disturbance for temporary access is necessary, trees and shrubs should be cut and the stumps and roots left to resprout. Disturbed stream banks and the widest possible zone outward from the channel should be 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. 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 (828) 452-2546 extension 24 if there are any questions about these comments Sincerely, Dave McHenry Mountain Region Coordinator Habitat Conservation Program Cc: A. Bick, Confluence Engineering