20070821 Ver 1_Approval Letter_20070925

QF W A rF9 Michael F. Easley, Governor
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~ .~ Coleen H. Sullins, Director
Division of Water Quality
September 25, 2007
DWQ# 07-0821
Ashe County
Mr. Greg Sexton
PO Box 1235
Jefferson, NC 28640
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Sexton:
You have our approval, in accordance with the attached conditions, to place permanently fi1120 linear feet and
flood approximately 230 linear feet of an unnamed tributary to Roan Creek in order to create a pond at your
property located on Atwood Lane near Jefferson in Ashe County, as described in your application received by
the Division of Water Quality (DWQ) on August 27,2007. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3631, which can be
viewed on our web site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use
Nationwide Permit Number 18 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire
unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, additional compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). For this
approval to be valid, you must follow the conditions listed in the attached certification, as well as the
additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier Stream Im act len th
dam construction Unnamed tributary 201inear feet
Pond creation -flooding Unnamed tributary 230 linear feet
None hCarolina
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North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterqualit~g
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Greg Sexton
DWQ # 07-0821
Page 2
2. 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 fry stages
of trout from off-site sedimentation during construction.
3. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds
(15A NCAC 4B .0124).
4. The pond should be built with a cold water discharge (see attached informational sheet). Discharge
waters should be re-aerated as pond waters are released back into the stream.
5. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
6. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston-Salem Regional Office of the NCDWQ at the address
listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the- North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at
336-771-4964 or at [e-mail].
Sincerely,
.~, Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Greg Sexton Pond -Page 3 - March July 23, 2007
Fisheries Management
Where: Poorly designed ponds can impact aquatic life and water quality statewide, but the impacts are greatest
around ponds located in and near Coldwater streams in the mountains and foothills.
When: 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.
Wtty: There are 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 warms 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 off the surface. When this
warm surface water is released, water temperatures within the stream increase, harming trout, stnallmouth 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 ponds 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. Vdater
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 irrtpacts of ~ itd outi-lows: 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 installatior, 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 interference 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
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.

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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
ihserted 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.
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