20071532 Ver 1_WRC Comments_20071005

~ North Carolina Wildlife Resources Commission ~
October 5, 2007
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Certification Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mr. Marshall Kanner, Rose Hill Plantation Development, LLC Nationwide Permit Application
After-the Fact -pond
Buncombe County
DWQ No. 07-1532
Dear Ms. Beckwith and Mr. McMillan:
Wetland and Natural Resources Consultants requested on behalf of Mr. Marshall Kanner of Rose Hill
Plantation Development, LLC a letter of concurrence from the North Carolina Wildlife Resources Commission
(Commission) fora 404 Permit. Comments from the Commission are provided 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).
The applicant built a pond in a wetland in the Sluder Branch watershed. It is intended as an amenity for the 55
acre Rose Hill Plantation subdivision and also is needed to meet local storm water ordinances. It was sited where
it would have enough capacity for stormwater requirements, but it is unclear whether this structure will maintain
impounded water as desirable for an aesthetic pond or whether it will detain and slowly release stormwater.
The pond probably did not harm trout. However, it did eliminate a wetland that intercepted and treated stormwater
and that may have, despite its small size, provided good habitat for amphibians and reptiles. Small headwater
wetlands in pastures provide good wildlife habitat when they are lightly grazed. Herbaceous vegetation also
recovers quickly in these and more heavily grazed wetlands once cattle are removed. Sluder Branch, like may
streams in northwest Buncombe County are in poor condition because of agricultural run-off, elimination of
riparian vegetation, and, increasingly, hydrologic change and sedimentation from residential development.
If this project is permitted and certified, then Commission recommends that the following measures be attached
and implemented to help conserve aquatic habitats:
1. Sediment and erosion control measures are used before construction and maintained until all disturbed
soils are permanently stabilized. Any bare soils are seeded as soon as possible after disturbance. Tall
fescue is not used along streams.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Kanner
Buncombe
Page 2 October 5, 2007
2. If the pond will permanently impound water, then a sleeved standpipe is used to draw outflow water from
near the bottom of the pond. Cold water intakes should be within 1-2 feet of the bottom of the lake or
pond bed, but not on the bottom. This design will improve water quality in impoundments. The easiest
way to accomplish anear-bottom outflow is to place a larger pipe (i.e. shroud or sleeve) over the standpipe
so that water flows up through the bottom of the larger pipe and then down through the outlet pipe (see
inset).
pond surface
outflo~ ~ water inflow
pond bottom
If there are any questions regarding these comments, please contact me at [phone] extension 24.
Sincerely,
"~/~ .
Dave McHenry
Mountain Region Coordinator,
Habitat Conservation Program
cc: Wetland and Natural Resources Consultants