20180765 Ver 2_WRC Comments_20190322

❑ North Carolina Wildlife Resources Commission ❑
Gordon Myers, Executive Director
March 20, 2019
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: High Hampton Stream Restoration
UT to Fowler Creek, Jackson County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to document and address 880 ft of after -the -fact impacts to an unnamed tributary
(UT) to Fowler Creek associated with the daylighting of the stream in Jackson County. These
impacts are the focus of a US Army Corps of Engineers Notification of Unauthorized Activity
and a NC Division of Water Resources (NCDWR) Notice of Violation (NOV). 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 reproduction would likely have not been impacted by project activities and a trout
moratorium is not needed for further proposed activities. The rare Yellowfin Shiner (Notropis
lutipinnis, NC Special Concern) is found in the vicinity of the project.
An 880 -ft section of an UT to Fowler Creek that had run through culverts through a golf course
was daylighted without a 404 permit. This application documents this work as well as some
proposed limited stream repair work. Sediment was lost during and after the daylighting
activities, and sediment was removed from the channel to address the NCDWR NOV for the
unpermitted work. The channel appears to have been augmented with riprap and is bordered by
grassed golf course. The applicant proposes to remove a rock check dam and install two boulder
steps. Sediment behind the check dam will be removed. Due to NCDWR concerns about a lack
of woody vegetation on the stream, the applicant proposes to plant rhododendron at 5 x 5 ft
spacing on the right bank on the lower reach.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

High Hampton Restoration Page 2 March 20, 2019
Jackson County
We offer the following additional recommendations to minimize impacts to the aquatic
community:
1. In -channel work should be accomplished as quickly as possible and vigilance used in
sediment and erosion control during site preparation, construction, and clean up. Disturbed
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each work day.
2. Any erosion control matting used should be free of nylon or plastic 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. We are concerned that sod and a single row of widely spaced rhododendron on one side of
the stream bank is not adequate to provide the functions of a woody riparian buffer, which
include bank stability, shade and temperature moderation, filtration of overland pollutants,
and habitat for birds and other wildlife. We recommend that a wider woody buffer be planted
on both sides of the stream, which can be kept low (3-5 ft) to allow play -over.
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: Kaylie Yankura, Clearwater Environmental
Kevin Mitchell, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service