20071649 Ver 1_WRC Comments_20071015

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North Carolina Wildlife Resources Commission ~
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Maxwell R. Fowler, Dam Safety Engineer , f:, : ;, ,C
Division of Land Resources, Land Quality Section , . .,
Ron Linville Re final Coordinator
FROM: g
Habitat Conservation Program ~ ~
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DATE: August 2, 2007 `~~ ~ ,r;-2 ~'~~ ~
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SUBJECT: Proposed Claudius Rex Dam, Unnamed Tributary Piney (Fork) Creek,
DWQ Class B, Trout +, Alleghany County
These comments are provided by the North Carolina Wildlife Resources Commission (NCWRC) in
accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d} and the Dam Safety Law of 1967 (GS
143-215.23 et. seq.).
The proposed impoundment is indicated to be for a Single Family Residence (SFR) site. These comments
are provided with the understanding that the site will be a single residence and pond, not a subdivision.
Mr. Kevin Hining, Fishery Biologists visited the site on July 30, 2007. He determined that the stream
was small, but appeared to be perennial and that Creek chubs were present in downstream segments (near
proposed dam) of the tributary. No trout were found in the dam area. Downstream, Piney Fork is
Hatchery Supported Designated Public Mountain Trout Waters with wild Brown trout reproduction. The
Kanawha darter, Ethostoma kanawhae (NCSR) and the Tonguetied minnow, Exoglossum laurae (NCSR)
are known for the basin. Bog turtles, Glyptemys muhlenbergii (NCT, FT S/A) are known for Alleghany
County. This unique turtle has been known to do well in cattle impacted wetlands.
We have reviewed the project and find no cause for objecting to the design and specifications of the dam.
Based on our review, we offer the following recommended conditions for the project:
1) Once a determination has been made c©ncerning the final use of the property (agriculture or
development), this information should be provided with Clean Water Act Section 404 Permit and
Section 401 Certification applications. Project sponsors should apply to the US Army Corps of
Engineers (COE) and the NC Division of Water Quality (DWQ) for appropriate COE 404 Permits
and/or DWQ 401 Certifications for the impoundment and any other jurisdictional impacts. Listed
species impacts and determinations should be made during this Clean Water Act review by this
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1.721
Telephone: [phone] Fag: [phone]

Claudius Rex Dam Review -Page 2 - August 2, 2007
agency and other resource agencies. Any stream or wetland mitigation required at this site should
be should be coordinated with the COE and DWQ.
2) As downstream waters have a sufficient amount of sediment already and wild Brown trout,
instream work and land disturbance within the twenty-five (25) foot trout buffer should be
prohibited during the brown trout spawning season of October 15 through April 15 to protect the
egg and fry stages of trout from off-site sedimentation.
3) A Coldwater release with re-aeration should be provided (see attached) for the downstream
tributary. The impoundment discharge should be well aerated prior to mixing with waters of the
State.
4) If appropriate for this size watershed, minimum flow requirements as established by the NC
Division of Water Resources or as required in a Clean Water Act permidcertification should be
provided immediately downstream of the dam. A minimum, the 7Q 10 base flow should be
discharged continuously (by design) from the impoundment structure.
5) If the stream impounded is perennial based on NC Division of Water Quality stream
identification criteria, the impoundment should not be used for stormwater or wastewater
treatment purposes.
6) Sediment and erosion control measures should adhere to applicable standards for sensitive
watersheds (15A NCAC 4B .0124).
7) Prior to stocking the pond, the applicant should contact District 7 fishery biologists. Mr. Hieing
(336-838-5676) or Mr. Kevin Hodges (336-789-3266) can provide information about fish species
and applicable NCWRC stocking permits.
8) The stream below the dam should be provided with permanently preserved undisturbed buffers to
enhance water quality and riparian habitat. Minimum 50" intermittent stream or minimum 100'
perennial stream forested buffers are routinely recommended. At a minimum, the twenty-five
(25) foot trout buffer should be provided as an undisturbed forested buffer. We routinely
recommend fencing streams to protect buffers and preclude direct impacts from livestock when
pasturage occurs. The provision of forested buffers around the impoundment (excluding the dam)
would reduce thermal issues and could enhance fish and pond management providing the
impoundment and buffers are situated to minimize direct solar impacts.
9) To the extent practicable, temporary vegetation for erosion controls should consist of native
plants or annual agricultural plants. We have concerns about sericea lespedeza and rye grass.
Permanent vegetation should use autochthonous (native) plants when possible.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336-769-9453.
Attachment: Cold Water Release Pond Fact Sheet
E-copy: Amanda Jones, USACOE-ARO
Daryl Lamb, DWQ-WSRO

Claudius Rex Dam Review -Page 3 -
August 2, 2007
t ~ Fisheries Management Fact Sheet 2003
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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.
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.
Why: 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, banning trout, smalhnouth 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. Water
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 impacts of pond outflows: 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 installation of a bottom drawoff device (see diagram on next. page) aver 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 constricted 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 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

Claudius Rex Dam Review -Page 4 - August 2, 2007
the standpipe. Three bolts or puss can be inserted uito the pipe several feet do«ni from the top to serve as spacers
that «Till keep the drawoff pipe vertical and centered on the standpipe.
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Bottom water withdrawal devices do have their lunitations. Ponds that are very shallow and/or small rmav not
benefit since the water temperatures near the bottom and at die srface will be more similar. Also, if the otrtflo~v
from a pond is going directly into a stream, then the water should be aerated by routnig it to splash onto rocks or
other hard, jagged surfaces as it re-enters the stream.
Vlore information concerning pond constnictiorr and management is found in the "Pond Management Guide"
published by the N.C. Wildlife Resources Commission and die N.C. Agricultural Extension Senrice. This guide cart
be obtained online at ~1;~~a_.r?c«riidlife.or~ or by calling 919 733-3633.
N.C. Wildlife Resources Commission Division of inland Fisheries
www.ncwitdtife.orq (919) ?33-3833