20090316 Ver 1_WRC Comments_20090403

?c?cQ#09-D3/G
North Carolina Wildlife Resources Commission P
Gordon Myers, Executive Director
MEMORANDUM
TO: Amanda Jones, USACOE
Asheville Regulatory Field Office
FROM: Ron Linville, Regional Coordinator I?Vce
Habitat Conservation Program
DATE: March 27, 2009
jlftj?flv
APR ,, 3 2009
DENR - WATER
WETLAHps A?yD 6, ftQUA1 MRAMC ,
SUBJECT: Jones Farms Ferguson, NC, LLC Gravel Mine, Wilkes County
The applicant proposes to mine gravel from the Yadkin River. Biologists with the North Carolina
Wildlife Resources Commission are familiar with habitat values in the area. These comments are
provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 through
113A-10; NCAC 25).
The Clean Water Act Section 404 Permit application indicates that the proposed mining operation will
impact 145 linear feet of river. The stone is indicated to be mined using a "hydraulic excavator" for farm
(114 acres) use and no onsite storage of mined materials will occur. Accordingly, the sale of gravel from
the farm should not be permitted.
Portions of the Yadkin basin provide habitats for Smallmouth bass (Micropterus dolomieu), Largemouth
bass (Micropterus salmoides), Spotted bass (Micropterus punctulatus), Rock bass (Ambloplites rupesuls),
Flat bullhead (Ictalurus platycephalus), Snail bullhead (Ictalurus brunnneus), and Redbreast sunfish
(Lepomis auritus) as well as the flathead catfish (Pylodictis olivaris). The Brook floater (Alasmidonta
varicosa) a state endangered and federal species of concern is known for the basin. This area of the
Yadkin River supports some Brown trout and a reproducing population of Smallmouth bass. We do not
have any records for listed aquatic species in the area although our non-game biologist indicate that
common Elliptios (mussels) are known from the area.
This agency is concerned with direct as well as indirect (secondary and cumulative) impacts associated
with the mining of submerged lands, including stream and river beds. These mining activities tend to
have negative influences on channel stability, stream geomorphology, and aquatic habitat for fisheries and
listed species as well as they can diminish associated riparian habitats.
Credible research has shown that instream gravel and sand mining can result in numerous detrimental and
long lasting environmental effects (Bork 1999; Roell 1999; Brown et al. 1998; Meador and Layher 1998,
Hartfield 1993; Nelson 1993; Kanehl and Lyons 1992; and references therein). Some of the more
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Jones Farms Ferguson, NC LLC Page 2 March 27, 2009
devastating effects to stream geomorphology are channel incision, lateral erosion, and headcutting. The
alteration of geomorphic structure may occur due to increased velocity and decreased sediment load
associated with mined areas. Excavation in the active channel lowers the streambed, creating a nick point
that steepens channel slope and increases flow. The nick point migrates upstream due to increased water
speed, i.e. headcutting. The deposition of sediments at a mine site results in a sediment deficient flow
leaving the site; this in turn results in the water picking up more sediment from the stream reach below
the mine site, ultimately resulting in bed degradation downstream. Both processes can move long
distances and headcutting can additionally move into tributaries. Channel incision can also cause lateral
instability due to increases in stream bank heights, resulting in bank failure. Channel instability further
increases transport of sediments downstream.
Direct effects of the extraction and changes in geomorphology include increased sedimentation and
turbidity, higher stream temperatures and reduced oxygen, lowering of the water table, decreased wetted
periods in riparian wetlands, loss of riparian habitat, reduction in primary productivity, reduction in food
availability, clogging of gills, and direct damage to aquatic organisms. These effects can extend far
upstream and downstream and can be cumulative. All of these adverse impacts can result in shifts in
species composition and a decrease in species diversity and abundance, and likely result in especially
perilous conditions for sensitive and rare species. Further, the effects of sand and gravel extraction on
stream ecosystem recovery time is extensive, and total restoration of severely affected streams has been
considered improbable.
Based on the literature, in stream mining operations alter aquatic habitat and adversely affect aquatic life.
Continued mine operations may have ongoing adverse effects further downstream as a result of the
factors discussed above. A specific concern is the potential for bank failures following the periodic
extractions, which would contribute to downstream sedimentation. We are also concerned that head
cutting may occur which further degrades aquatic habitat.
Based on our review of the application, we offer the following Section 404/401 Permit/Certification
condition recommendations for the project:
1. The applicant should contact the NC Division of Land Resources to determine if a state mining
permit is needed for the operation. A mining permit should be obtained if appropriate for the site.
2. Where practicable, depositional materials should be removed from floodplain bench areas before
any in channel activities are allowed. A thalweg channel should be maintained at all times.
3. All instream activities and processing activities should be prohibited during the warm water
spawning season (1 May through 30 June) to protect the eggs and young of resident fish species
from direct as well as sedimentation and turbidity impacts.
4. Any disturbed or diminished buffers (preferably 100' wide) should be planted with autochthonous
(native) plants like silky dogwood, rhododendron, dog hobble, mountain pepperbush, paw paw,
red maple, silky willow, tag alder, black willow, sycamore, river birch, or other native woody
species. Irregardless of width, maximum practicable undisturbed forested buffers should be
provided.
5. All standard Section 404 and 401 Permit/Certification conditions should be evaluated and applied
as appropriate to the mining operation, including appropriate NPDES limits.
In addition to the above Clean Water Act recommendations, please be advised that we routinely provide
the following non-prioritized recommendations to the NC Division of Land Resources to reduce impacts
from instream mining operations to fish and wildlife habitats:
1. Allow hydraulic dredging only. Dragline operations cause more shoreline and secondary
impacts. Therefore a dragline operation should not be permitted.
Jones Farms Ferguson, NC LLC Page 3
March 27, 2009
2. Gravel mining should not be permitted pursuant to NC Division of Land Resources policies and
regulations (as appropriate).
3. There should be only one stabilized access area for a suction dredge and barge.
4. Mining should only occur within the near half of the river. This will provide undisturbed passage
and haven for benthic organisms to ensure that movement or migration up and down the stream is
not totally impeded during and after mining activities.
5. When and if required, aquatic habitat surveys should be accomplished according to the sampling
protocol submitted to DLR (McBride, 22 May 2001). General habitat measurements should be
conducted to provide baseline environmental data. A minimum of 13 transects, spaced every two
mean stream widths should be sampled per reach to adequately characterize the habitat
(Simonson et al. 1994). Reaches consist of the entire area of the mine site, upstream of the mine
site, and downstream of the mine site-totaling three reaches. Therefore, this means that 13
transects per reach will equal a total of 39 habitat transects. At each transect, measure water
temperature, (mean column), dissolved oxygen concentration (mean column), turbidity, bankfull
width (as described in Rosgen 1996), channel width, bank height, and bank erosion. Physical
habitat variables for water velocity distribution, mean depth, substrate composition [based on the
modified Wentworth scale (McMahon et al. 1996)], and instream structure types (cover) should
be measured at intervals of four equally spaced points on each transect. Additionally, riparian
buffer widths should be measured per transect. The resource agencies should be provided a
complete compilation of the results of the sampling. These baseline environmental data will
allow agencies to better evaluate possible environmental impacts and to further prescribe ways to
minimize these impacts. Alternatively, the mine operator may take photographs of these same
areas to document any changes that may occur during the duration of the permit. Pictures should
be taken annually in winter (December/January) during normal flow conditions. Pictures should
be taken from the same location and with the same magnification each year. Photographs should
be catalogued in such a way that comparison of any site changes can be easily noted. These
photographs should adequately cover upstream and downstream portions of the river as well as
river mining segments. This photographic site history should be maintained during the life of this
and subsequent permits. These photographs should be provided to resource and regulatory
agencies when requested. If bank erosion or other issues are determined to have occurred,
general habitat measurements should be required in subsequent permits.
6. Downstream turbidity and bank erosion rates should be monitored periodically along the
sampling transects while the mining is in progress and compared to an upstream reference site.
The operator should maintain a record of all days on which mining occurs and the amount and
composition of material removed. This information should be given to the DLR and made
available to the resource agencies if requested.
7. All in-water activities and processing activities that would result in a discharge of water should be
prohibited during the species spawning season (1 May through 30 June) to protect the eggs and
young of resident fish species form sedimentation impacts. A US Army Corps of Engineers
permit may be necessary for the discharge as well as an NPDES permit.
8. Existing riparian vegetation should be maintained at current levels or better. A minimum 100-
foot native forested buffer between the mining activity and perennial waters should be provided
or restored if practicable. Existing buffers should not be diminished in width or habitat value.
9. Sediment basins and stockpiles of aggregate materials should be located outside of the river
buffer.
10. Mined materials should not be stockpiled within active floodplains. Stockpiling materials in this
area will make them more easily available for transport during flood events.
11. The use of tall fescue and Sericea lespedeza should be avoided as these plants are known to
negatively affect plant diversity and wildlife habitats. Any destabilized stream banks should be
sloped to at least 3:1 and planted with a native herbaceous seed mix [except that annual small
grains (e.g., millet, wheat, and rye) should be added to the mixture to provide a temporary cover
until perennial species become established]. See attached planting suggestions for critical and
poor soil sites recommended by Kelly Hughes (828-651-8380), Forest Stewardship Biologist.
Jones Farms Ferguson, NC LLC Page 4 March 27, 2009
Any stabilization should be done as necessary after each periodic extraction to provide ongoing
stabilization. Straw mulch and/or natural fiber matting is recommended over plastic matting that
can impinge and entrap small animals. For finished reclamation and stabilization, native woody
vegetation (e.g., tag alder, silky dogwood, sycamore, river birch, musclewood) should be planted
on the disturbed banks. The balance of the riparian area should be planted with a mixture of
native hardwood species (e.g. sycamore, river birch, walnut, oak, red maple) to mimic existing
area forested habitats.
12. Sediment and erosion control structures should be maintained to minimize impacts to the stream
from silt and sediment loads. Excessive silt and sediment loads can have numerous detrimental
effects on aquatic resources including disrupting the food chain, destruction of spawning habitat,
suffocation of eggs, and clogging the gills of aquatic species.
13. Resource agencies should be granted right-of-entry to the mine site periodically to determine if
protected or listed or rare species are being taken incidental to the operation.
14. The mining permit should only be renewed for a period of three (3) to five (5) years.
15. Because land reclamation provides an opportunity to improve wildlife habitat, we recommend
that future site reclamation consist of planting herbaceous species and a variety of tree species
that will be attractive and beneficial to wildlife. Fescue-based grass seeding provides little value
for wildlife. Only native species should be used for stabilization and restoration activities. We
refer the applicant to Kelly Hughes (see attachment below) for additional information about
native plants and land reclamation activities beneficial to wildlife.
The above recommendations should be evaluated and included as permit/certification conditions as
appropriate based on the US Army Corps of Engineers and NC Division of Water Quality deliberations
and determinations.
Thank you for the opportunity to provide input on this issue. If we can be of further assistance, please
contact me at 336-769-9453.
Attachment: Seeding Options for Critical Area Stabilization
E-copy: Kevin Barnett, DWQ-ARO
Shawna Riddle, NCDLR-WSRO
Judy Weimer, NCDLR
Literature cited:
Bork, Karrigan. 1999. Floodplain and instream mining, a TU primer. Trout Unlimited, Arlington, Virginia.
Brown, A.V., M.M. Lyttle, and K.B. Brown. 1998. Impacts of gravel mining on gravel bed streams. Transactions
of the American Fisheries Society 127:979-994.
Hartfield, P. 1993. Headcuts and their effect on freshwater mussels. Pages 131-141 in K.S. Cummings, A.C.
Buchanan, and L.M. Kock, eds. Conservation and management of freshwater mussels. Proceedings of an
Upper Mississippi River Conservation Committee (UMRCC) symposium, 12-14 October 1992, St. Louis,
Missouri, UMRCC, Rock Island, IL.
Kanehl, P., and J. Lyons. 1992. Impacts of in-stream sand and gravel mining on stream habitat and fish
communities, including a survey on the Big Rib River, Marathon County, Wisconsin. Wisconsin
Department of Natural Resources Research Report 155, Madison.
McMahon, T.E., A.V. Zale, and D.J. Orth. 1996. Aquatic habitat measurements. Pages 83-120 in B.R. Murphy
and D.W. Willis, eds. Fisheries Techniques, Second Edition. American Fisheries Society, Bethesda,
Maryland, USA.
Jones Farms Ferguson, NC LLC Page 5 March 27, 2009
Meador, MR., and A.O. Layher. 1998. Instream sand and gravel mining: environmental issues and regulatory
process in the United States. Fisheries 23(11):6-13.
NCAFS (North Carolina Chapter of the American Fisheries Society). 2002. Position paper on instream sand and
gravel mining in North Carolina. NCAFS, Raleigh
Nelson, K.L. 1993. Instream sand and gravel mining. Pages 189-196 in C.F. Bryan and D.A. Rutherford, eds.
Impacts on warmwater streams: guidelines for evaluation. Southern Division, American Fisheries Society,
Little Rock, Arkansas.
Roell, Michael J. 1999. Sand and gravel mining in Missouri stream systems: aquatic resource effects and
management alternatives. Executive Summary. Missouri Department of Conservation, Columbia,
Missouri.
Rosgen, D. 1996. Applied river morphology. Wildland Hydrology, Pagosa Springs, Colorado.
Simonson, T.D., J. Lyons, and P.D. Kanehl. 1994. Quantifying fish habitat in streams; transect spacing, sample
size, and a proposed framework. North American Journal of Fisheries Management 14:607-615.
Jones Farms Ferguson, NC LLC Page 6 March 27, 2009
Seeding Options for Critical Area Stabilization
Snrinn Application Mix
Creeping Red Fescue 20 pounds / acre
Red Clover 10 ounds / acre
Oats 1-2 bags / acre
Summer Application for tempora cover
German Foxtail or Browntop Millet 25 pounds / acre
Early Fall A lication Mix
Creeping Red Fescue 20 pounds / acre
Red Clover 10 pounds / acre
Wheat 1-2 ba s /acre
1 atp Fall Application Mix
Creeping Red Fescue 20 pounds / acre
Annual R e rass 10 pounds / acre
Rye 1-2 ba s / acre
Winter Application for ternora cover
Annual Ryegrass 20 pounds /acre
Application Notes -
• The temporary cover will help hold the site until a permanent mix can be applied.
• Grains like oats, wheat, and rye may be sold by weight (pounds) or by volume (bushels).
To simplify things these mixes recommend 1- 2 BAGS of grain rather than pounds or
bushels. With these mixes, 1 bag or about 50 - 60 Ibs should be adequate for most
sites, but where slope or soil conditions warrant, increase grain amounts to 100 -120
Ibs (use 2 bags). Grain provides quick cover for site stabilization and is a critical
component.
• Creeping red fescue not Ky31 tall fescue) is the other key component in the permanent
mixes. It is deer-resistant and will provide low maintenance perennial grass cover even
on sites with heavy deer pressure. Height approx. six inches.
• Red clover germinates rapidly, fixes nitrogen, and provides wildlife benefits.
• Soil amendments may be used to improve sites being permanently revegetated. Use soil
test results or apply at rate of one (1) to two (2) tons lime and 400 lbs low nitrogen
fertilizer (eg. 5-10-10, 2-12-12, 4-24-24) per acre.
• Straw mulch at a minimum of 12 bales per acre is recommended to hold seed in place
and improve germination.
• Track or score soil on slopes to give seed a foothold. Natural fiber erosion blanket may
be required under certain site conditions.
• For improved wildlife habitat, two (2) Ibs switchgrass can be added to the red fescue
mixes. Note - this will change the height from six inches to four to six feet.