20011729 Ver 1_Other Agency Comments_20040812

® North Carolina Wildlife Resources Commission
Charles R Fullwood, Executive Director
WETLANDS/ 401 rpo(jp
MEMORANDUM
TO: Mr. John Thomas, U.S. Army Corps of Engineers AUG 12 2004
igh Regulato F' d Office
FROM: ender, Speci ro?ects Coordinator WATER QUAMY?' +j
Habitat Conservation Program
DATE_ 11 August 2004
SUBJECT: Public Notice for the Construction and Expansion of the Rocky River Lower
Reservoir, Town of Siler City, Chatham County, North_.Carolina,. Action ID No.
200220234
Biologistsvith the North Carolina. Wildlife Resources Commission (NCWRC) have
reviewed the subject document. A site visit was conducted by NCWRC biologists on 21 June
2002, to further assess impacts to fish and wildlife resources. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (33 U.S.C: 466 et seq;), the Fish and
Wildlife Coordination Act (48 Stat. 40.1, as amended; 16 U.S.C. 661-667d), North Carolina
General Statutes (G. S. 113-131 et seq.), and the North Carolina Administrative Code 15A NCAC
101.0102.
The Town of Siler City is proposing to construct a new dam, located 105 feet downstream
from the present dam, in order to expand the existing 24.4-acre reservoir to 162.5 acres. The
project will provide an additional 2-mgd, resulting in a total of 6 mgd available from the combined
upper and lower Rocky River reservoirs. We commented on an earlier version of the Public
Notice (Pender, 28 January 2002) and on the Environmental Assessment (along with revisions) for
the project (Pender, 25 November 2002, 1 October 2002, 21 December 2001). The proposed
project impacts have been revised somewhat since the earlier Public Notice. Proposed impacts
include 24.24 acres of open waters, 9.19 acres of forested wetlands, and 9,504 linear feet of
perennial and intermittent stream channel. In addition, 138.4 acres of terrestrial habitat will also
be impacted. Ephemeral channel impacts were determined to be non jurisdictional.
There are numerous federal and state listed aquatic species mithin the -Rocky River
watershed. In previous comments,, we indicated concerns,regarding direct, secondary:, and
cumulative impacts to aquatic and, terrestrial wildlife,' including the 'Cape Fear shiner, (Notropis
mekistoeholas). Direct impacts to` wetlands an& streams are proposed to be mitigated by a
combination. of restoration,! enhancement, and preservationand wetland veation.: According to the
Draft Wetland and Stream Mitigation Plan (24 May 2004) prospects for off-site mitigation are
uncertain-the Town is negotiating the acquisition of a wetland along the headwaters of the Rocky
River for off-site wetland preservation and enhancement and is in the, process of purchasing 9,600
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 2 7699-1 72 1
TelenhnnP• .(919) 7'11_1422 - '>o1 . lc..... in, m ?, c - A9
Page 2
I l August 2004
Siler City Reservoir Expansion
Action ID No. 200220234
feet of stream channel mitigation credits generated by the Carbonton Dam removal project on the
Deep River.
To address water quality concerns, the Town has agreed to install a continuous monitoring
gage in cooperation with the USGS to assist in evaluating stream quality and has cooperated with
state and federal agencies in developing an augmented flow regime. A tiered minimum release
regime will be implemented along with pulsed releases to better mimic pre-impoundment
conditions. The adjusted flows should improve conditions for aquatic life downstream of the dam
compared to existing conditions. However, issues remain regarding problems with Siler City's
Wastewater Treatment Plant which should be addressed for any future renewals, upgrades, or
expansions.
To address secondary and cumulative impacts the Town has modified their Unified
Development Ordinance. The Town requires a 200-foot buffer along the entire Rocky River
within their planning area and on all perennial and intermittent streams located within a distance of
2500 feet from the Rocky River. The remaining planning area requires 100 foot buffers for
perennial streams and 50 foot buffers for intermittent streams. The use of curb and gutter is
discouraged, direct discharge of stormwater is prohibited, and the use of grass swales, sheet flow,
bioretention areas, and other stormwater treatment measures are encouraged. Permits for new
developments within the Rocky River watershed exceeding 7% imperviousness require stormwater
controls designed to maintain predevelopment hydrographic conditions, including flow?volumes.
The Town indicated that wastewater, water, and utility infrastructure will be kept out of buffers for
the Rocky River watershed and "whenever possible" elsewhere. There are also floodplain
restrictions and other measures that the Town agreed to implement as recommended in the
NCWRC letter (Pender, 21 December 2001). These measures should greatly reduce secondary and
cumulative impacts to aquatic and terrestrial wildlife resources, including the federal and state
endangered Cape Fear Shiner (Notropis mekistocholas). We applaud the Town for taking these
steps to protect the State's natural resources.
We feel that we can concur with the permit provided that the tentative stream and wetland
mitigation measures actually do occur. We would like to be kept informed of mitigation progress
and we expect the opportunity to comment on any new proposals.
Thank you for the opportunity to provide input on this project. We look forward to
continuing to work with the Town in pursuing proactive measures to address issues of
development and its impact on the State's natural resources. If we can provide further assistance,
please contact our office at [phone].
cc: John Domey, DWQ
Melba McGee, DENR
Boyce Hudson, DENR
Kathy Matthews, USEPA
Mark Bowers, USFWS
E-mail: Jim Mead, DWR
Sarah McRae, NHP