20220265 Ver 1_WRC Comments_20220228

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
February 28, 2022

Ms. Brandee Boggs
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

SUBJECT: Cielo Falls
UT to North Prong Lewis Fork, Wilkes County

Dear Ms. Boggs:

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to install an in-line pond that would impact 149 ft of an unnamed tributary (UT) to
North Prong Lewis Fork in Wilkes County. Our comments on this application are offered for
your consideration 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).

There are Brook Trout in North Prong Lewis Fork, and pond construction activities and other in-
channel work should be avoided from October 15 to April 15 to minimize impacts to trout
reproduction. Brook Trout are especially sensitive to excess sediment, and excellent erosion and
sediment control are needed on this project to minimize impacts to this species.

The application proposes to construct a 0.14-acre pond for fire suppression purposes by
damming the UT to North Prong Lewis Fork. A coldwater release structure would be installed to
drain the pond.

NCWRC does not support the construction of in-line ponds, as they serve as barriers to fish and
other aquatic organisms, artificially warm downstream waters in the warm season, and alter food
web dynamics in the downstream stream. To lessen the pond’s impact, we strongly suggest that
the pond be constructed off-line, taking only a portion of the streamflow.

We offer the following recommendations to minimize impacts to the aquatic community:
1. Project activities should be avoided between October 15 and April 15 to minimize impacts to
trout reproduction.
Cielo Falls Page 2 February 28, 2022
UT North Prong Lewis Fork, Wilkes Co
2. In-channel work should be accomplished as quickly as possible and vigilance used in
sediment and erosion control during site preparation, construction, and clean up. Disturbed
areas should be seeded, mulched and/or matted as soon as possible, preferably at the end of
each workday. At a minimum, disturbed areas should be stabilized within five working days
or seven calendar days, whichever is shorter.
3. Matting used for stabilization should be free of nylon or plastic mesh, as this type of netting
frequently entangles wildlife and is slow to degrade resulting in a hazard that may last for
years.
4. The seeding specifications include Tall Fescue. We recommend an alternative of Oats,
Wheat, or Rye Grain. In addition, we recommend the use of a native perennial seed mix.
5. We strongly recommend against installing an in-line pond in favor of an off-line pond to
minimize temperature shifts and changes in food and habitat in the stream, as well as avoid a
barrier to aquatic movement.
6. The stream should be pumped around the area while the pond is in construction.
Downstream flows must be maintained during pond construction and filling. At least 50% of
the incoming flow should be maintained downstream of the pond.
7. Whether the pond is in-line or off-line, we recommend that the pond be drained with a
coldwater release to lessen downstream water temperature elevation during warm months.

Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.

Sincerely,

Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program

ec: Derek Goddard, BREC
Sue Homewood, NC Division of Water Resources
Kin Hodges and TJ Johnson, NCWRC