20070821 Ver 1_WRC Comments_20070828

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North Carolina Wildlife Resources Commission ~ ~A~~H
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Amanda Jones, USACOE
Asheville Regulatory Field Office
FROM: Ron Linville, Regional Coordinator /'~
Habitat Conservation Program
DATE: July 23, 2007
SUBJECT: Greg Sexton Pond, Unnamed Tributary Roan Creek, Ashe County
The applicant proposes to impound a tributary to for an agricultural and recreational pond.
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).
Kevin Hining, District 7 Fish biologist and I visited the site on July 20, 2007. An inventory of
the tributary found that an existing pond is located downstream. This pond has mostly filled in
(wetland habitat) and the pond discharge is perched. Fish sampling above the existing pond in
the area of the proposed impoundment determined the presence of Creek chubs. Wild trout are
known for downstream waters in this area of Ashe County. Kanawha minnow, Phenacobius
teretulus (NCSC, FSC); logperch, Percina caprodes (NCT); seep mudalia, Leptoxis dilatata
(NCT); sharpnose darter, Percina oxyrhynchus (NCSC); purple wartyback, Cyclonaias
tuberculata (NCSC); spike, Elliptic dilatata (NCSC); tonguetied minnow, Exoglossum laurae
(NCSR); Kanawha darter, Etheostoma kanawhae (NCSR); and crayfish on the NC Watch List
(New River crayfish, Cambarus chasmodactylus; and Orconectes cristavarius, no common
name) occur throughout the New River and tributaries.
Based on our review of the submittal, we will not object to the pond project as proposed
providing the following conditions are implemented:
1. In stream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the brown and brook trout spawning season of October 15 through
April 15 to protect the egg and fiy stages of trout from off-site sedimentation during
construction.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Faz: [phone]

Greg Sexton Pond -Page 2 - March July 23, 2007
2. Remaining jurisdictional waters and wetlands should be buffered by the provision and
protection of undisturbed forested buffer zones (contiguous forest areas) instead of
being routinely bush hogged. For streams that do not support federally listed
threatened or endangered aquatic species, we recommend 50' intermittent and 100'
perennial stream buffers. To mitigate for this specific impoundment, maximum
available undisturbed buffers should be provided on tributaries above and below the
pond. Forested buffers will prolong the life expectancy of the pond and reduce
sedimentation and erosion along stream banks. At a minunum. the twenty-five (25)
foot trout buffer should be restored as an undisturbed buffer.
3. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124). Heavy equipment should be operated
from the bank rather than in the stream channel in order to minimize sedimentation
and reduce the likelihood of introducing other pollutants into the stream.
4. If any concrete will be used, work must be accomplished so that wet concrete does
not contact stream water.
5. Temporary or permanent native herbaceous vegetation should be established on all
bare soil within five (5) days of ground disturbmg activities in the twenty-five (25)
foot trout buffer to provide long-term erosion control. We encourage use of fiber
matting. Onsite vegetation and materials may be used for stream bank stabilization
when practicable.
6. The pond should be built with a cold water discharge (see attached). Discharge
waters should be re-aerated as pond waters are released back to the stream.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at 336-769-9453.
E-copy: Daryl Lamb, DWQ-WSRO

Greg Sexton Pond -Page 3 - March July 23, 2007
Fisheries Management Fact Sheet 2003
What: Environmental Impacts Caused by Ponds. Ponds provide aesthetic benefits, water for crop irrigation and
livestock, as well as fishing opportunities and wildlife habitat. However, ponds can be detrimental to fish, wildlife,
and water quality if constructed improperly. Ponds that are created by damming streams, and ponds of any type that
continuously release water back into a stream can be especially harmful.
Where: Poorly designed ponds can impact aquatic life and water quality statewide, but the impacts aze greatest
around ponds located in and neaz Coldwater streams in the mountains and foothills.
Wben: Historically, ponds were built on farms to supply water for livestock and crop irrigation. In recent years, the
rate of pond construction has increased as more and more people move to the mountains and build ponds to improve
the appearance of their property or to provide fishing opportunities.
Why: There aze two major problems that ponds can cause. First, a pond created by damming a stream impedes the
migration of many aquatic organisms along the stream, including fish, mussels, and amphibians. The second
problem is related to the release of warm water from ponds. Because impounded water wazms more quickly than
moving water, water is considerably warmer in ponds than in free flowing streams. Furthermore, the warmest water
within a pond will be at the surface, while the coolest water will be found near the pond bottom. Within most
ponds, the water that flows out of the pond and back into adjacent streams is drawn offthe surface. When this
warm surface water is released, water temperatures within the stream increase, harming trout, smallmouth bass, and
other species adapted to cooler water temperatures. While there can be thermal impacts below ponds that only
release water periodically during heavy rain events, the impacts will be most severe below ponds that constantly
release water.
How to build rwnds without damming the stream channel: To ensure that the migration of aquatic organisms
within streams are not blocked when building a pond, consider locating new ponds away from streams and using
surface runoff, springs, or water pumped from wells as water sources. Ponds can also be filled by building them
adjacent to a stream and diverting or pumping a small portion of the stream water into the pond to fill it. Water
should only be diverted into the pond continuously while the pond is being filled. Once the pond is filled, water
should only be diverted into the pond as needed to maintain water levels.
How to reduce the thermal impacts of pond outflows: Thermal impacts caused by ponds that
continuously release surface water into streams can be reduced in ponds that are equipped with a
standpipe to regulate water levels. The installation of a bottom drawoff device (see diagram on next
page) over the existing standpipe helps reduce the temperature of water released by the pond by
siphoning off the cooler water found near the pond bottom. Furthermore, a bottom drawoff also helps
prevent fish kills in ponds by removing the stagnant, low oxygen water from the pond bottom. The
drawoff pipe needs to be large enough in diameter so that the cross-sectional area of the space between
the two pipes is greater than the cross-sectional area of the drainpipe. The pipe needs to be long enough
to reach into the cooler/deeper waters of the pond, and should leave at least a couple feet of clearance
above the bottom to avoid future interterence from sediment accumulation. The drawoff pipe should be
constructed of a relatively light but rigid material (aluminum is best). Heavy pipes are difficult to mount
and put extra strain on the standpipe that could eventually cause its failure. If the drawoff pipe material
isn't sufficiently rigid it may collapse under the suction pressure. Typically drawoff pipes are mounted by

Greg Sexton Pond -Page 4 - March July 23, 2007
inserting two crossbars through the pipe 6-12 inches from the top end, then putting the drawoff pipe over
the standpipe so that these crossbars rest on the top of the standpipe. Three bolts or pins can be
inserted into the pipe several feet down from the top to serve as spacers that will keep the drawoff pipe
vertical and centered on the standpipe.
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Bottom water withdrawal devices do have their limitations. Ponds that are very shallow and/or small may
not benefit since the water temperatures near the bottom and at the surface will be more similar. Also, if
the outflow from a pond is going directly into a stream, then the water should be aerated by routing it to
splash onto rocks or other hard, jagged surfaces as it re-enters the stream.
More information concerning pond construction and management is found in the "Pond Management
Guide" published by the N.C. Wildlife Resources Commission and the N.C. Agricultural Extension
Service. This guide can be obtained online at www.ncwildlife.org or by calling 919 733-3633.
N.C. Wildlife Resources Commission` Divtsipn of Inland Fisheries
www.ncwildlilfeora (819 ?33-333