20071531 Ver 1_WRC Comments_20071010

~ North Carolina Wildlife Resources Commission ~
October 10, 2007
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Mr. Ian McMillan
NCDENR, Division of Water Quality, 401 Certification Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mr. Sheldon Harnash, SJH Enterprises, LLC Nationwide Permit Application
Culvert and pond
Buncombe County
DWQ No. 07-1531
Dear Ms. Beckwith and Mr. McMillan:
Wetland and Natural Resources Consultants requested on behalf of Mr. Sheldon Harnash of SJH Enterprises,
LLC a letter of concurrence from the North Carolina Wildlife Resources Commission (Commission) fora 404
Permit. Comments from the Commission are provided 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).
The applicant proposes construction of a road and pond in wetlands and an unnamed tributary to Pole Creek near
Enka. The pond would serve as an amenity and recreation area for the 64 acre StoneRidge at Hayes Mountain
subdivision. Total direct impacts would be 228 feet of stream and 0.112 acre of wetlands.
If permitted, the project should not harm trout. However, this is contingent upon the use of effective erosion
control devices during construction to minimize downstream sedimentation. Pole Creek may support a small trout
fishery downstream of the property, but data are not available and watershed conditions do not appear conducive
to the maintenance of trout habitat in this watershed.
Although the project should not harm trout, it would eliminate and fragment wetlands that intercept and treat
stormwater. The wetlands also provide habitat for amphibians and reptiles. Small headwater wetlands in pastures
provide good wildlife habitat when they are lightly grazed. Herbaceous vegetation also recovers quickly in these
and more heavily grazed wetlands once cattle are removed. Based on the photographs in the application, this rapid
recovery appears to have happened in the subject wetlands.
Stream and wetland impacts could be minimized if the pond was constructed upslope of the proposed location. In
addition, other small ponds could be constructed in ephemeral drains on the property such as the drain north of the
wetland on lot 1 and in the drain at the back ends of lots 10, 11, and 12. According to the application, other drains
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

SJH Enterprises Page 2 October 10, 2007
Buncombe
on the property would be used for stormwater treatment facilities, but these facilities were not depicted in the plans
and stormwater treatment is described as grassed swales and existing buffers (Section XI). Moreover, stormwater
treatment has been proposed as justification for other pond projects in Buncombe County. If the pond is permitted
in its proposed location, then use of the dam for the road crossing instead of across the stream and wetlands above
the pond should be considered.
Mitigation with 390 feet of stream enhancement, 0.033 acre of littoral shelf creation, and 0.05 acre of wetland
preservation is proposed in the application, but the attached mitigation plan specifies 250 feet of stream
enhancement, 0.07 acre of wetland enhancement, and 0.103 or 0.033 acre of littoral shelf construction. In
addition, the riparian buffer width is not described and the wetland enhancement appears actually to constitute
wetland creation.
Regardless of these uncertainties, if the project is permitted, then a revised mitigation plan that fully accounts for
the impacts and that is consistent with the April 2003 Stream Mitigation guidelines should be prepared. Riparian
buffers of at least 30 feet in width are specified in the guidelines for restoration and enhancement activities on
streams. A ratio of at least 1:1 is recommended for all stream impacts, including flooding because this
permanently eliminates stream habitat. This also helps off-sets a host of direct and indirect adverse effects of pond
construction such as stream and wetland fragmentation, aquatic life blockage, and reduced downstream hydrology,
sediment transport, and organic material transport and processing. Moreover, a minimum 1:1 ratio is
recommended because the streams and wetlands on the site have been degraded by cattle access, and perhaps
overgrazing, but natural functional improvements, most notably herbaceous vegetation recovery, often occurs
rapidly in these situations. This appears to be the case with the wetlands on the property.
If this project is permitted and certified, then Commission recommends that the following measures be attached
and implemented to help conserve aquatic habitats:
1. The compensatory mitigation plan is revised to be consistent with the Stream Mitigation guidelines. A 1:1
ratio is applied for all stream impacts and 30-foot buffers are established along any stream segments.
2. The Nationwide and Final Regional Conditions (except 1.2) are adhered to. This includes partial burial of
culverts beneath the natural stream bed grade as specified in Final Regional Condition 3.6.
3. Sediment and erosion control measures are used before construction and maintained until all disturbed
soils are permanently stabilized. Any bare soils are seeded as soon as possible after disturbance. Tall
fescue is not used along streams.
4. A sleeved standpipe is used to draw outflow water from near the bottom of any ponds. Cold water intakes
should be within 1-2 feet of the bottom of the lake or pond bed, but not on the bottom. This design will
improve water quality in impoundments. The easiest way to accomplish anear-bottom outflow is to place
a larger pipe (i.e. shroud or sleeve) over the standpipe so that water flows up through the bottom of the
larger pipe and then down through the outlet pipe (see inset).
pond surface
outflo~- ~ water inflow
pond bottom
If there are any questions regarding these comments, please contact me at [phone] extension 24.

SJH Enterprises Page 3 October 10, 2007
Buncombe
Sincerely,
,~
Dave McHenry
Mountain Region Coordinator,
Habitat Conservation Program
cc: Wetland and Natural Resources Consultants