HomeMy WebLinkAboutReasonable Period of Time Extension Request - Liddard Pond; Avery County; Corps Action ID# SAW-2023-00414; DWR# 202302721
Winston, Joey
From:Winston, Joey
Sent:Friday, May 19, 2023 12:36 PM
To:scott.jones@usace.army.mil
Cc:Fuemmeler, Amanda J CIV (USA); Davidson, Landon
Subject:Reasonable Period of Time Extension Request - Liddard Pond; Avery County; Corps Action ID#
SAW-2023-00414; DWR# 20230272
Dear Chief Jones,
On February 15, 2023, the Division of Water Resources (DWR) received an application from Adrian Liddard for an
Individual 401 Water Quality Certification for the Liddard Pond project in Avery County. On April 20, 2023, DWR
requested additional information from the applicant and continues to work with the applicant to resolve water quality
related concerns. DWR respectfully requests that the reasonable period of time be extended until October 13, 2023. In
support of this request, we direct your attention to the following considerations with regard to considerations listed in
RGL 19‐02:
(i) Type and Complexity of Proposed Activity: The project proposes to impound and excavate an intermittent
unnamed tributary (UT) to Little Grassy Creek for the purpose of creating an aesthetic pond. Impoundments
have a known negative impact on water quality and studies have shown that impoundment discharges can
cause violations of the more stringent standards for Trout waters. Of particular concern for this project is
the proposed spillway outflow structure. Outflow structures of this type can discharge warmer surface
waters from the pond and may cause an exceedance of the strict temperature standard for Trout waters.
Additionally, impoundments have a known negative impact on the biological community of streams, causing
a barrier to aquatic organism passage and a change in nutrient and physical characteristics. Studies have
observed a shift in benthic macroinvertebrate type and tolerance to more tolerant species and a decrease in
stream bioclassifications. The UT and Little Grassy Creek are designated Outstanding Resource Waters in
order to protect and maintain the outstanding fish habitat and fisheries currently present, and DWR is
working with the applicant to ensure that the proposed activity will not violate water quality standards or a
cause a removal of existing uses.
(iv) Unique or Complex Site Conditions: Little Grassy Creek and the UT are classified C; Trout; Outstanding
Resource Water. Little Grassy Creek was designated an Outstanding Resource Water due to its outstanding
fish habitat and fisheries, including the presence of a reproducing population of Brook Trout. The North
Carolina Wildlife Resources Commission has identified Brook Trout, Brown Trout, and Rainbow Trout within
the project vicinity, and anticipates all three species to be present at the confluence of the UT and Little
Grassy Creek. Impoundments have a known negative impact on the water quality and biological community
of the streams in which they’re located. DWR is concerned that the proposed activity may cause a
degradation of water quality or remove the existing uses and is working with the applicant to ensure this
won’t occur.
By making this request, DWR does not waive its right to determine that additional information or time is necessary to
process the application. Further, DWR does not waive its right to contest the legality of the Corps’ August 7, 2019,
Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water Act, or any actions taken by
the Corps pursuant thereto.
We respectfully request that you provide your written concurrence by June 2, 2023.
Please let me know if you have any questions.
2
Sincerely,
Joey
Joey Winston
Environmental Specialist I, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (828) 296‐4685 | Cell: (828) 785‐9171
NEW: joey.winston@deq.nc.gov
DEQ is updating its email addresses to @deq.nc.gov in phases from May 1st to June 9th.
Employee email addresses may look different, but email performance will not be impacted.