20070996 Ver 1_WRC Comments_20071126

~ North Carolina Wildlife Resources Commission ~
November 26, 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: Manuel deJuan Nationwide Permit Application
dam reconstruction and pond removal -tributary to Horsepasture River
Jackson County DWQ No. 07-0996
Dear Ms. Beckwith and Mr. McMillan:
Terry Allen Engineering requested for Mr. Manuel deJuan 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. 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 removing another pond on a tributary to the Horsepasture River near
Cashiers. This work would resolve a Notice of Violation from DWQ for construction of the two ponds.
The stream is too small for fish, but trout occur in the Horsepasture River not far downstream. The proposed work
may harm trout, particularly if it caused sedimentation during the spawning season.
The Commission is pleased that the outlet/overflow for the dam will be reconstructed so that it draws water from
near the bottom of the pond to reduce the warming of the stream during the summer.
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, the dam reconstruction and draw down does not occur
from October 15 to April 15 of any year to avoid possible harm to trout spawning. Removal of the
upstream pond dam and restoration there during this period may be acceptable if turbidity standards are
not violated below the lower dam.
2. Sediment and erosion control measures are used and maintained until all disturbed soils are permanently
stabilized. All bare soil is seeded as soon as possible following ground disturbance. Erosion control matting is
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

deJuan
Jackson
Page 2 November 26, 2007
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.
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.
All heavy equipment operated near streams is inspected and maintained regularly to prevent contamination
by fuels, lubricants, or hydraulic fluids.
Hydroseed mixtures and wash-waters do not reach streams.
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.
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
10. Disturbance of vegetation, particularly trees, is minimized during construction.
11. The stream where the dam and pond will be removed is restored to resemble natural conditions. Riparian
vegetation is planted as described in the application materials.
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.
Sincerely,
~~
Dave McHenry
Mountain Region Coordinator,
Habitat Conservation Program
cc: Mr. Terry Allen
Mr. Kevin Barnett, NCDENR, DWQ