20011729 Ver 1_Other Agency Comments_20011221

ATTACHMENT 1
North CarohmWildle Resources Commission 92
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Charles R. Fullwood, Executive Oirecror
MEMORANDM4
TO: Melba McGm EnvirounmU l Coordinator
office of Legislative and pTntagovernmental Affairs
\C.1 A".A?,
FROM: Danielle R. ender, piedmcnt Region Coordinator
Habitat Conservation Program
DATE: 21 December 2001
Subject: llraft Environmental Assessment for Rocky 1Uvcr Lower Reservoir Expansion, 'T'own of
Siter City, ChptNtrtt County, North Carolitia, DENR Project No. 1160
Biologists with the North Cozolina Wildlife Resourocs Coienmission (NCWRC) have reviewed
the subject document. Our comments are provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amendod; 16 U.S.C. 661 et seq) and the North Carolina
Environmental Policy Act (G.S. 113A-1 hough 113A-10; 1 NCAC 25).
The Town of Siler City is proposing to construct a new darn, located 105 feet downstream from
the present dam, in order to expand the existing 243-acre reservoir to 162.5 acres, The project will
provide an sddi6onal,2-msd. which will make available a tota1.aL6-rhgd ffiom the combined upptx =d
lower Rocky River reservoirs. The applicant indicates that tho proposed project is needed to serve the
existing population anti industries and for continued economic growth. The: 't'own will provide a 100-
foot buffer around the reservoir.
The Town cxarninod five other alteamatim, including the "No Action" alternative. All but the
"No Action" alternative would fully satisfy rho stated purpose andnccd of providing an adequate anti
safe water supply for the 20-year planning period. The Town chose the Roclqt River Reservoir
Expansion as the preferred alternative primarily due to t1tC possibility of needing ail interbasin transfer
with sortie of the alternatives and to higher costs associated with the alternatives. The preferred
alternative will result in the greatest amomt of advttse en ronmental effects. The proposed prn?ject will
result in the loss of 138.4 acres of terrestrial habitat, and inundation of 18.5 acres of wetlands and 14,124
linear feet (It) of stream. There are numerous h dcml and 6tato listed aquatic specic!t within the Rocky
River watershed.
The 't'own's walcr con6crvation progmn consists of educating citizens by newsletter, employing
a .system•widu leak detection program, and the implementation of procedures for voluntary and
nwndatory water conservation during periods of shurtaucs of water supply. In addition, lhu Town is
considering the possibility of installing low-flow plumbing devices and a water rcuso line, and is
ty;Lluating adjusting the rate structure band on use. We suggest the Town of Siler City consider an(l
M ailinfi Address: Division of Inland Fisheries - 1721 Mail Service Center • &1)c1gh, NC 27699.1721
Yelephunc: [phone] ext. 281 • Fax: [phone]
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21 December 2001
pocky RiYcr Reservoir Expansion
Project No. 1160
pursue water conservation as a vital component of their program. Instilling more comho siconservation and water rouse efficiency practices can raiinimize the need for further capacity upgrades
and future necessity of additional water supply option such as now reservoirs and additional reservoir
capacity and the associated habitat alterations. In addition to the Town's present practices and proposed
measures we suggest that'rown oonsider promoting xeriscapc landscaping. We encourage the Town to
continue with its present programs and in their pursuit of additional conservation incasures.
Table 4-9 is an incomplete. list of rare species in the Rocky River basin. The Rocky River also
supports the federal species of concern and state sigtaificautly rare (proposed state endangcrcd) Carolina
creckshell (Yillnsa vaughaniana), the state threatened creeper (Strophuus undulatus)I and4he state
significantly rare notched rainbow (Yilloya constricta), Eastern areekshell (Yillosa delumbis), and a
mayfly (Lcptoh} pcz rohaekt). The applioant'[s aurvoys ttuned up one state significantly rare mussel
species, the Eastern crecki bell, along with six other mussel species and stream dwelling fish aticcies that
will likely be directly affected by the project. However, secondary and cumulative etlects dpe to growth
will likely have an even more sigtttfewit impact oh the marry state and federal bpccics known to occur in
the kocky River basin, including the federal and state endangered Cape Fear Shiner (Nutropis
mekiytuchulas). We are conoerncd about effects to fish and wildlife resources throughout the area and in
particular to the sensitive acid rare species that occur in the area streams.
The applicant has indicated that the development of the Chatham County, Industrial Park could
increase projected water demands. The Towle is oCordittating with Chatham County. to target industries
with luw water demand or industries that can utilize tense water. We request additional infottnalion as to
whether the Town will need to seek additional water supply options-considerably sooner than the
projectet120-year period should industries coitnc in that have a need for water and that cannot use reuse
water.
The applicant pointed out that the iiveroitee in available water supply may coincide with a need to
expand the'rown'c WWTP within the planning period. The Town further stated that the plicenicnt of
additional trcatud water into the Rooky River will help sustain downstream aquatic habitats, while
stringent efftent limits will maintain the quality of thta surface water. The Siler City WWT? discharges _
into Lovc.'. s Creek, which was: designated as not mpporling-?elow the disohargo point by the Division of '
Water Quality xnd is on the State's 2000 303(d) fiat. This WWTP)tas find chronic problems in the past,
and as of early December 2001, the Rocky River just downstream of the confluence with Love's Creek
has been afflicted witdi excessive algae growth. We concur with the Town's assessment that impacts of a
wastewatw discharge expansion would include secondary and cumulative effects on downstream aquatic
habitats and surface water quality.
Siler City offers some measures ae mitigation to secondary and cumulative effects such as
dedigated stream buffers in water supply waterohed rim, with the possibility of increasing these buffers
from 35 feet to at least 1001'cct along rivers and perennial and intermittent streams within 2,500 feet of
rivers. In addition, the Town has plans to modify the subdivision regulations to femove the option for
developer's to instull curb and gutter, and to proceod with the development of several programs under the
NPDLS Phase 11 Stormwater permits. N and when these measures are implemented, they should help
reduce effects on fish and wildlife and theist habitat. NCWRC is very concerned that without progressive
mitigation measures, secondary and cumulative impacts associated with increased development in this
river basin could result in significant degradation or extirpation ofli9ted species. We anticipate that
cumulative and secondary impacts of development, including impacts from increasing numbers of
bridges and culverts and numbers of wastewater spills, will roatalt in streata bank instability and other
stream morphology changes, increased soditnent loading, changes in substrate characteristics, modified
aquatic food resources, changed stream temperatures, incrcaaed nutrient loading, increased toxicant
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21 December 2001
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disrupts the continuity of ntigarativn Corridors for wildlife. Instead, we recommumd that
developers set aside n portion of the land to be developed as green space and conpentratt: these
areas along the streams and rivers.
The construction of roadways in new neighborhoods can produce short-term direct impacts as
well as long-term cumulative effects. It is sulgeMcd that the Town and County work to limit
iinpcivious surfaces to no more than 19A (Sehueler 1994) or to provide for sufficient open space
to effectively reduce impervious surface, lunit curb and gutter in now developments, and prevent
direct discharges of motmwattr ifttto streaTna. Grassed swales in place of curb and gutter and on-
Sitc storrnwatcr management (i.e. bioretendon area) can be installed to produce no net change in
the hydrology of the, watershed arc recommended. Those designs often cost less to install and
significantly reduce environn=tal iiinpacts fivai residential development. Many of these
recommendations have been applied in Maryland in efforts to protect the Chesapeake Bay froin
water quality degradation.
Tor thus watersheds that support the Cape Fear Shiner, specifically the Rocky River subbasin,
the following additional conditions should be followed.
St wa er
Permits for new developments exoccding 7% imperviousness (Sohueler 1994) should require
siorrnwatcr controls designed to nuintairl prodevolopmcnt bydrogmphic conditions, including
flow volumes. New developments eotdd build ut:iog traditional dosigns at a level of 7%
imperviousness without installing stormwatcr controls, or build more densely, using dedleatcd
open space and other stormwater control mmmts to mimic the a hydrograph reflecting 7%
imperviousness.
2. A 200-foot naturally forested buf'1t -r on perennial strettttts Attd a 100-foot forested buffer on
intermittent streams should be required for new develo ments_ 1twoodee34?poffers do not exist, _
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then these areas should be revegetated to a avV*ve opmcitf of naturally forested buffer.
(Knutson and Naef 1997; 200-foot buffers associated with protection of aquatic ondangcrod
species habitats required for Buekhorn Reservoir Expansion Project in 1995).
3. Grassed swales should be used in place of curb and gutter for new developments, cxcept in areas
with 75% Slope,
4. There should be no direct discharges of sttirmwater to streams, and ditching, or piping of
stormwatcr should not be allowed in the buffer.
5. Emergency manzagement procedures should provide for the containment of runoff from fighting
residential, commercial. or industrial fires and for the removal and clean up of any h4zardous
spills, instead of utilizing "hosing-down" or flushitt;$ practices.
Wastewater Tttfr:.L tru e
For sewer lines closest to streams, public sand private sewer lines should parallel streams and be
at maximum distances from streams and tributaries. A minimum 200-foot buffer should be
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Rocky kiyer Roscrvoir Expansion
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integrity of the buffer. Forested buffers shouldrennain or be established for new developments.
Existing uses such as farming, silviculture, slid Qtbar uses wbich maintain pervious surface areas
(e.g., parks, gams; lands, grecnways, and other similar uses) arc also recognized as acceptable
uses of the landscape within the buffer ateae between the sewer lines and att-otms.
2. No near sewer lines or Atruet.ures should be installed or eotistructcd in tho 10U year floodplain nor
within SU feet of wetlands associated with the 100-year floodplain.
3. Saver lines closest to sbcodms shouldbe oonstruetr-d of ductile iron.
4. Only aerial or directional boring stream crossings should be ltllowed, and the placement of these
crossings will be limited to ilmnjor'strtam or creek confluences. Manholes or similar access
structures should not be allowed within buffer areas. Stream crossing areas should be monitored
once a quarter for potential maintenance needs. Sewer lines associated Nrith crossing areas
should be mainiained 4t the highest atmdards poBsiblc.
Water an( Ut'li irv Infrasttucnrre
All water lines and underground utilities should follow roads or the requirements associated with
sewer line placements.
2. Stream crk,"ings should be the minimal number necessary to deliver water, electricity,
tclcconununications, etc. to the service area.
All wutrr and utility crossings ahould be perpendicular to stream flow.
Maintcnancc of Rii?ht.?-of-Was
1. Pesticides (including insecticides and herbicides) should not be used within 200 feet of streams
or floodplains and wetlands associated-with streams.
2. Native forested plant uunununities should be maintained within 200 feet of strea)nc or
floodplains and wetlands associated with streams. A closed canopy wil l be mainiairied over
,trcams. Emphasis will be placed upon ttirmning trace (instead of tree removal) within 200 feet
of streams or tloodplains and wetlands associated with streams.
S irnmf and 8rosion Control
1.. Stringent erosion and sedimentation oor;trol toquimments should be developed and implemented
for all construction. 1'he dcweloptnent of these requirements should be fully coordinated with the
state and federal agencies involved in aquatic endangered epecies protection. These measures
should be itate-of--the-art and signifiew ly;Xrmd ststo minimum requimm ants for sediment and
ero4ion control. Local ordinances should provent developers from utilizing "forestry
cxomptions" during deforestation activities that ultimately become development sites.
2. Fill or buildings should not be allowed in the 100-yoar floodplain.
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Rocky River Reservoir Expansion
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'I1ie Town should solicit assiownce and concurrence from resource agencies at the state and
federal level (including NC Wildlife ftso=es Commission$ NC Natural heritage Program, and
US Fish and Wildlife Service) during the asses8ntottt and implementation of best management
practices for storntwater nwag=cnt, eedimom and erosion control, utility placement, clc.
Addi ional Recommendations
1. Maps of the anticipated eonsttuction of utilities, including sewer lines and water linos, associated
with the expanded water supply should be developed. This information should become partor4
GiS database housed and maintained by the Town to include locations of anticipated water and
sewer lines. Surveys or reviews should be acoomp[ished utilizing maps and field detet`minations,
wbcn necessary, in conjunction with delineation Criteria utilized by the US Army Corps of
Engineers and the NC Dirision of Water Quality for wetlands- ad waters. As infrastructure or
development is being developed or plamted, field surveys should be conducted w assoss impacts
or avoidance of impacts. Field surveys (delineation) or intensive rasp reviews (including soil
surveys, Natinnal Wetland InveAtorics QM maps, USQS maps, watershed protection roapa of
all wetlands and waters) should be completed and trapped (using GTS technology). All GIs
databases and associated files should be provided to state and federal agencies upon request.
2. Local Bove rtunents should encptnge*new developm6nta, including residcntial, to use the
planning method for stormwater control outlined by the EPA in their Low Impact Development
manual (EPA Dooutnaat # 841•- B-00-002 and 841 B-00-003) and reduce impediments to
implementing strategies promoted by the EPA in this manual.
Developers and builders, including lewd-clearing operators, should be required to participate in a
Town stormwater education program.
4. Infiliration practices (e.g., rcduoed road widths, rain gardens, parking lot biore te.-rution areas,
increased che:tilow instead of ditching, and disconnect impervious areas) should be emphasized
_ over dctcntion ponds to maintain predevelopmcnt hgdrographic-cot &- ifions;'including base flow -
during low flow conditions.
5. In new devc1optnimts, use of Conservoetion Reserve Arogram lands and restoration of prior
converted wetlands should be encouraged to help mmagc overall stormwater impacts.
6. The Town should adopt and implement An environmental oheck off that has redundant controls
so that any development within the clutter apes goes through a stringent review process to insure
protection of aquatic habitats (including proper401 certifications and 404 pormits). This should
preclude the issuance of any building and utility permits withput inclusion of pertinent protective
measures.
A cooperative oversight group should be eoneidmd that would review projects within the area
for compliance, preview infrastructure and development plans, and oooperate in socking funding
for conservation initiatives.
Thank you for the opportunity to provide input in the early planning stages for this project. Tf we
can be of further assistanec, please contact our office at [phone].
a
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Literature cited:
Mo ncr, R.R., C.W. May, L.H. Livingston, and I Maxted. 1999. Impervious cover, aquatic community
health, and stormwater BMPs: is fh*re a relationship? Proceedings ofthc Sixtb Biennial
Stormwatpr Research Conference, Tampa, Florida.
Naiman, X.J., H. Decamps, M. Pollock, 1993. Therole of riparian corridors in maintaining regional
biodiversity. Ecological Applioations. 3(2):209-212.
w
Sc?luelcr, Tom, 1994. The importance of imperviousness. Watershed Protection Techniques. 1(3):100-
111.
cc: Dale Suiter, USFWS
U-tnail: Stcp}hon klall, NHP