20071702 Ver 1_WRC Comments_20071016

~ North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
October 16, 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 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Barry and Paula Jones Nationwide Permit Application -
dam reconstruction and pond dredging -East Fork Overflow Creek
Macon County DWQ No. 07-1702
Dear Ms. Beckwith and Mr. McMillan:
Fish and Wildlife Associates on behalf of Mr. Barry and Paula Jones requested a letter of concurrence from the
North Carolina Wildlife Resources Commission (Commission) fora 404 Permit from the U.S. Army Corps of
Engineers (ACOE). I visited the project site on October 8, 2007. 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 project involves rebuilding a dam and dredging a pond on East Fork Overflow Creek (C Tr ORW) near
Highlands. The outflow structure is leaking and there is a concern that the dam could fail.
East Fork Overflow Creek supports wild brook and brown trout populations downstream of the project site. The
proposed work may harm trout, particularly if it caused downstream sedimentation during the spawning season.
The Commission recommends that the outlet/overflow for the dam be reconstructed so that it draws water from
near the bottom of the pond to reduce the warming of the creek during the summer. The proposed structure would
not do this. However, if a conventional riser pipe is not used, it should be possible to construct a box on the pond
side of the dam that will effectively entrain bottom water up to the proposed overflow.
Given concerns about the existing dam's reliability, the Commission would not object to its reconstruction during,
but as early as possible within, the trout moratorium (Final Regional Condition 1.2) provided no excavation occurs
in flowing water. That would require temporarily bypassing stream flow, possibly with sand bags, in the pond
adjacent to the dam and routing it in a pipe through the existing dam while the outlet structure is reconstructed.
The proposed dredging work is a comparatively greater concern with regard to excavation and possible
downstream sedimentation during the trout spawning season. Recent dredging projects have failed to control
Mailing Address: Division of Inland Fisheries ~ 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Jones
Macon
Page 2 October 16, 2007
sediment despite attempts to isolate stream flow with temporary bypass measures. The proposed plastic line
diversion should isolate stream flow from sediment in the pond bed, but its construction would require
considerable heavy equipment disturbance and excavation in flowing water. Alternatively, it may be possible,
depending upon the grade, to route stream flow in flexible pipe from a sand bag dam near the pond inlet down to
the pond dam and the temporary bypass that is used for construction there. This approach would require less
disturbance of sediment before beginning the excavation. Regardless of the type of bypass that is used, the
Commission believes unless there are compelling reasons otherwise that it is best to delay the dredging part of the
project and allow the pond to refill after dam reconstruction. Dredging could then start after April 15 of next year
and another pond drawdown.
The Commission can concur with a permit for this project if these conditions are followed to help conserve aquatic
habitats:
1. In accordance with Final Regional Condition 1.2, dredging does not occur from October 15 to April 15 of
any year to avoid possible harm to trout spawning.
2. Sediment and erosion control measures for sensitive watersheds (15A NCAC 04B .0124) are used and
maintained until all disturbed soils are permanently stabilized. Double row silt fencing is used as needed
between the sediment sources and the creek. All bare soil is seeded as soon as possible following ground
disturbance. Erosion control matting is used with seeding on disturbed stream banks and is anchored with
staples, stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
3. Any concrete work is isolated from water because uncured concrete can kill aquatic life.
4. Rock, sand, or other materials are not excavated from stream channels except in immediate permitted
areas. Instream dredging has severe, adverse effects on aquatic life and disturbance of the natural form of
the channel can cause erosion.
S. Excavation and fill is avoided in flowing water. Stream flow is temporarily routed in pipe around or
through the pond and dam during any excavation work.
6. All heavy equipment operated near streams is inspected and maintained regularly to prevent contamination
by fuels, lubricants, or hydraulic fluids.
7. Excavated materials are disposed of and stabilized in a suitable upland location.
8. Hydroseed mixtures and wash-waters do not reach streams.
9. Flow in the creek below the dam/s is maintained during filling to protect aquatic life. This can be
accomplished by partially opening the gate valve during refilling. However, turbid water is not discharged.
Until the water in the pond is clear, a bypass is used to maintain downstream flow.
10. A sleeved standpipe or similar structure is used to draw outflow water from near the bottom of the pond.
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 (see inset).
pond surface
outflo~- ~ water inflow
pond bottom
11. Disturbance of vegetation, particularly trees, is minimized during construction.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff, the
Commission may inspect the work site during or after construction. If there are any questions regarding these
comments, please contact me at [phone] extension 24.

Jones
Macon
Sincerely,
~~ .
Dave McHenry
Mountain Region Coordinator,
Habitat Conservation Program
Page 3 October 16, 2007
cc: Mrs. P. Boaze, Fish and Wildlife Associates