20181718 Ver 1_WRCComments_20190125

❑ North Carolina Wildlife Resources Commission ❑
Gordon Myers, Executive Director
January 25, 2019
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: The Cottages at Cypress Run
UT to Clear Creek, Henderson County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to temporarily impact 40 ft of an unnamed tributary (UT) to Clear Creek in
Henderson County. 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. However, Clear Creek hosts several rare and/or listed species, including Creeper
(Strophitus undulatus, NC Threatened), Blotched Chub (Erimystax insignis, US Federal Species
of Concern, NC Significantly Rare), and a rare mayfly (Tsalia berneri, NC Significantly Rare).
These species are especially sensitive to excess sediment, and effective sediment and erosion
control management on site is important to minimize impacts to these species.
The application proposes to install a temporary 20 -ft culvert to develop the parcel and impact 20
ft of stream for a sewer crossing for a residential development. NCWRC supports the proposed
use of an arch culvert for the permanent stream crossing.
It appears that half of the project area is within the 100 -year floodplain. The NCWRC does not
support commercial or residential development within the 100 -year floodplain. The filling of
floodplains increases the potential for flooding and degrades in -stream habitats for fish and other
aquatic organisms.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Cottages at Cypress Run Page 2 January 25, 2019
UT Clear Cr, Henderson County
The project will result in 27% impervious cover, and a stormwater management plan is being
reviewed by the City of Hendersonville. Stormwater control measures should mimic the
hydrograph consistent with an impervious coverage of less than 10%. We recommend the use of
Low Impact Design techniques, such as grassed swales and pervious pavement; curb and gutter,
catch basins, and underground piping of stormwater should be avoided. As stormwater runoff
from pavement can cause short-term temperature spikes in downstream waters, mechanisms to
lower stormwater temperature should be incorporated into the stormwater management design.
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.
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.
3. The stream channel at the sewer crossing should be restored to near pre -disturbance
conditions. Channel dimensions should mimic the existing dimensions, and the stream bed
should set be at the pre-existing elevation. At least 6-8 inches of natural bed material should
be placed on top of the restored stream channel bed; this bed material should mimic that
which is found in the stream bed.
4. Where streams have been disturbed (e.g., sewer crossing and temporary culvert), we
recommend planting native woody vegetation in addition to the native herbaceous vegetation
proposed. We also recommend supplementing the existing woody buffer on site to achieve a
native woody buffer of at least 30 ft in width.
5. The seeding specifications include Tall Fescue and Sericea Lespedeza, both of which are
highly invasive and should be avoided.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Joel Lenk, Quible & Associates
Andrew Moore, NC Division of Water Resources
Allen Ratzlaff, US Fish and Wildlife Service