20190245 Ver 1_WRCComment_20190301

ltl North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
March 1, 2019
Ms. Amanda Fuemmeler
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Duncan Site
UT to North Toe River, Mitchell County
Dear Ms. Fuemmeler
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to install a 75 -ft culvert on an unnamed tributary (UT) of the North Toe River in
Mitchell County. I visited the site in 2016 with NC Division of Resources (NCDWR) and
Wetlands & Waters staff. 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).
Wild trout should not be impacted by this project, and a moratorium is not needed. The project is
just upstream of the North Toe River, which is recognized by the NC Natural Heritage Program
as the North Toe River/Nolichucky River Aquatic Habitat, a natural area rated Very High for the
richness of rare species it contains. In the vicinity of the project, Sharphead Darter [Etheostoma
acuticeps, US Federal Species of Concern (FSC), NC Threatened (T)] and Eastern Hellbender
[Cryptobranchus alleganiensis, NC Special Concern (SC)] are found. Further downstream,
Appalachian Elktoe [Alasmidonta raveneliana, US Endangered (E), NC E], Mimic Shiner
[Notropis volucellus, NC T), Wavyrayed Lampmussel (Lampsilis fasciola, NC SC), Highland
Shiner [Notropis micropteryx, NC Significantly Rare (SR)], and Blotched Chub (Erimystax
insignis, NC SR) are found. Anglers use this resource in the spring and summer. The North Toe
River is on the 303(d) list of impaired waters for excess turbidity. In order to protect the aquatic
community of the North Toe River, it is essential to employ effective sediment and erosion
control and stormwater management at the site.
The culvert is associated with haul roads on a 110 -acre site proposed as a mining tailings
disposal site. There is a mining permit application in review associated with this project. 50 -ft
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Duncan Site Page 2 March 1, 2019
UT North Toe R, Mitchell County
buffers are proposed for site streams. According to Meagan Jolly with Wetlands & Waters, the
proposed culvert is a 36 -in HDPE culvert.
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. As this site drains to the
North Toe River, which is occupied by multiple state and federal listed species and already
on the 303(d) list for turbidity, we request ask that the applicant use sediment and erosion
control practices outlined in the Design Standards in Sensitive Watersheds (15A NCAC 4B
.0124). We ask that disturbed areas be stabilized on a tighter timeframe than that in the
regulation to minimize risk of sediment loss, namely, the disturbed areas be seeded, mulched
and/or matted as soon as possible, preferably at the end of each work day; at a minimum,
disturbed areas should be stabilized within five working days or seven calendar dam
whichever is shorter.
2. We recommend against using HDPE material, as this slick material is less likely to hold
stream substrate and provide for movement of aquatic organisms like fish and salamanders.
3. 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.
4. We recommend using a quick growing seed such as Wheat, Rye Grain or Oats and a
permanent native riparian seed mix.
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: Meagan Jolly, Wetlands & Waters, Inc.
Andrew Moore, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service