20070156 Ver 2_WRC Comments_20070222

North Carolina Wildlife Resources Commission 0
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Cyndi Karoly
NC DENR/DWQ
FROM: Shannon L. Deaton, Manager
Habitat Conservation Program
DATE: February 22, 2007
SUBJECT: F H Shackelford Dam - §401/404 Application, DWQ #20070156, Greene Co.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed
the subject application for impacts to wildlife and fishery resources. A site visit was conducted
on February 15, 2007. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and Sections 401
and 404 of the Clean Water Act (as amended).
The site is located approximately one mile northeast of the intersection of NC 58 and NC 123
(Glenfield Crossroads) on a tributary to Rainbow Creek, in Greene County. The impoundment
will impact approximately 2100 linear ft and 0.085 acre of stream as a direct result of flooding
and excavation. Total area impounded is expected to be approximately 7 acres. This stream
feeds Rainbow Creek approximately 500 ft downstream from the proposed dam site. Rainbow
Creek is a tributary of Contentnea Creek in the Neuse River Basin. Waters of these streams are
classified as Class C Sw NSW by the NC Division of Water Quality and are subject to the Neuse
River buffer rules.
Nutrient Sensitive Waters (NSW) is a supplemental classification intended for waters needing
additional nutrient management due to being subject to excessive growth of microscopic or
macroscopic vegetation. In general, management strategies for point and non-point source
pollution control require control of nutrients (nitrogen and/or phosphorus usually) such that
excessive growths of vegetation are reduced or prevented and there is no increase in nutrients
over target levels.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
F H Shackleford Dam - §401-404
February 22, 2007
The applicant proposes to clear and remove the material from 0.085 acres of forested wetland
and create an impoundment for agricultural water storage and recreation. No mitigation is
proposed for these impacts. The applicant proposes to provide a 50 ft buffer around the new
pond.
We have the following concerns and recommendations:
Section V of the application states "Preliminary planning for a future development is
underway. Development plans are not definite as to when or if development will be
undertaken." Further investigation by agency staff revealed a planned community on-site
with a website (http://www.cuttercreekplantation.com) including a master plan showing
two impounded streams, one of which represented the proposed Shackelford Dam
impoundment. This website depicted a proposed 18-hole golf course, commercial area,
540 individual lots, etc. and included a downloadable lot reservation contract.
Additionally, there was a Cutter Creek sign posted at the intersection of NC 58 and NC
123 and a sales office established on-site. The stream, although subject to the Neuse
Buffer Rules, had recently exposed soil down to the channel. It appeared that some
grading had taken place outside the stream banks, and perennial grasses had been planted.
Tall PVC pipes were located throughout the site with some having golf course hole flags
on top. These observations imply that development has actually begun.
Dams and in-stream impoundments break the ecological continuity of stream systems
(NC WRC 2006). Damming of headwater streams changes not only the habitat in the
immediately affected area but also degrades habitat quality throughout the riverine
system. We recommend that tributaries flowing into Rainbow Creek not be impounded
to create lakes. The existing streams continue to exhibit natural characteristics such as
meander, instream habitat, and natural riffle-pool sequences. Floodplains are not present,
but the high stream gradient and topography of the landscape likely preclude their
formation. Small headwater streams are important for transportation of organic material
to maintain aquatic biological communities in larger streams. Thus, tributary streams
provide important support functions for larger creeks and rivers; resident and anadromous
fish species are dependent on transport of organic input from tributary streams for
support of prey items. River herring (collectively blueback herring and alewife),
anadromous species that have declined significantly in eastern North Carolina, have been
collected in Contentnea Creek near the confluence of Rainbow Creek and the project
area. These species use this area for spawning. Impoundments of tributaries in this area
will likely block anadromous fish migrations and will modify natural hydrologic regimes
that support successful spawning of resident and anadromous species.
We are concerned about the extent of clearing within the buffer zone on the subject
stream. Based on the elimination of forested riparian habitat surrounding the stream,
biological productivity in the tributary itself has likely been reduced. Increased residential
development near this stream without an intact riparian zone will exacerbate impacts to
existing aquatic communities in the stream and in receiving waters. The removal of the
natural forested buffer may also reduce the treatment (infiltration) of nutrients in an
F H Shackleford Dam - §401-404
February 22, 2007
already designated nutrient sensitive river system. We recommend that 100 ft native
forested buffers be maintained or created on each side of all perennial streams on-site,
including Rainbow Creek, the subject stream, and the other on-site perennial stream to
the west of the subject stream.
Based on the above concerns, we believe the proposed project will have significant adverse
impacts on aquatic resources and, therefore, request permit denial. If you have any questions or
require additional information regarding these comments, please call Steve Everhart at (910)
796-7217.
cc: Kyle Barnes, NCDWQ, Washington, NC
Scott Jones, USACE, Washington, NC
Tracey Wheeler, USACE, Washington, NC
Mark Westendorff, Land Management Group, Wilmington, NC
Literature Cited:
NCWRC. 2006. North Carolina Wildlife Resources Commission In-stream Impoundment
Guidance. NCWRC, Raleigh.
If you have any questions or require additional information regarding these comments, please
call at [phone].