20070656 Ver 2_WRC Comments_20080306

~ North Carolina. Wildlife Resources Commission ~
March 6, 2008
Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
SUBJECT: Mr. Rob Weber, The Cliffs Communities, High Carolina Nationwide Permit Application
High Carolina Parkway Road, Buncombe County
DWQ No. 07-0656 v2
Dear Ms. Karoly:
Wetland and Natural Resource Consultants, on behalf of Mr. Rob Weber of The Cliffs Communities,
requested a written 401 Water Quality Certification from the NCDENR, Division of Water Quality.
Comments from the Commission on this action are offered under provisions of the Clean Water Act of
1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
The project involves placing culvert pipes in 59 feet of Rocky Fork Creek and two wetlands in order to
improve a dam and to finish the parkway road in the 2,100-acre High Carolina subdivision near Swannanoa.
An after-the-fact permit for 90 feet of new culvert impact for the main access was applied for in December
2006. There also were 385 feet of stream impacts for this road applied for in April 2007. However, these
impacts were subsequently avoided with the use of bridges. According to my discussion with Ms. Robertson
on November 19, 2007, the full lake elevation will not change with the dam crest increase. There were no
schematics in the application for the principal and secondary spillway repair and construction. However, Ms.
Robertson indicated that the existing spillway and the new secondary spillway will draw outflow from near
the bottom of the lake.
The Commission recommends that unavoidable impacts to waters on developing properties like this be
permitted in their entirety with comprehensive planning and compensatory mitigation. This is because phased
permitting can cause excessive or avoidable impacts when roads in the initial phase/s do not thoroughly
consider road extensions and the locations of streams, wetlands, and other sensitive areas in later phases.
Similarly, a stream and riparian area in the initial phase/s may be suitable for mitigating some of the
development. However, that opportunity may be lost if the area is already subdivided and sold by the time
the mitigation becomes necessary. Comprehensive planning can avoid these difficulties as well as allow a
smoother and timelier development sequence.
Wild rainbow trout occur in Cane Creek and were recently found in Rocky Fork Creek. Trout, possibly
brook, were observed in an unnamed tributary to the lake as well. Trout likely do not occur in the tributaries
that drain from the property to the Swannanoa River, but they may occur near site 6, which now will be
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Weber, The Cliffs Communities Page 2 March 6, 2008
Buncombe County
bridged, and site 8, which will be placed in a culvert for the dam widening and road. The potential for
downstream sedimentation from the impact sites is considerable because of steep topography and the
extensive earth moving that will be necessary. Sedimentation in Rocky Fork Creek could harm trout if it
occurred during the spawning season.
The Commission recommends that the following conditions be attached to the certification and used to help
conserve fish and wildlife resources:
1. Impacts for this part of the development are considered cumulatively and mitigated, as necessary,
with impacts in later portions of the development.
2. Construction in and along stream banks in the Cane Creek watershed (sites 7 and 8) does not occur
from October 15 to April 15 to protect trout spawning in waters downstream.
3. 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 after 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.
4. Any concrete work is isolated from water because uncured concrete can kill aquatic life.
5. 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.
6. Excavation and fill is avoided in flowing water. Stream flow is temporarily routed in pipe around anX
excavation work.
7. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
8. Hydroseed mixtures and wash-waters do not reach streams.
9. If the lake is drawdown, then flow in the creek below the dam is maintained during refilling to protect
aquatic life. This can be accomplished by partially opening the gate valve during refilling.
10. A sleeved standpipe or similar structure is used to draw outflow water from near the bottom of the
lake. 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
a near-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.

Weber, The Cliffs Communities Page 3 March 6, 2008
Buncombe County
Sincerely,
~~
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Wetland and Natural Resource Consultants
Mr. Kevin Barnett, Division of Water Quality, Asheville