20051117 Ver 2_WRC Comments_20080311

SQ' North Carolina Wildlife Resources Commission 9
MEMORANDUM
TO: John Thomas, USACOE Eff3@[N0'6RR
Raleigh Regulatory Field Office
MAR 1 1 20"
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program DENR - WATER QUAU I
WETLANDS AND STORMWA ER BRANCH
DATE: March 7, 2008
SUBJECT: Lissara Lake Project, Unnamed Tributary Yadkin River (WS-1k),
US Army Corps of Engineers Action ID No. 200520968,
DWQ No. 051117, Forsyth County
The applicant is providing supplemental information concerning the proposed impoundment. Biologists
with the North Carolina Wildlife Resources Commission (NCWRC) are familiar with habitat values in
the area. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) are familiar with
habitat values in the area. The NCWRC is authorized to comment and make recommendations which
relate to the impacts of this project on fish and wildlife pursuant to Clean Water Act of 1977, North
Carolina Environmental Policy Act, US National Environmental Policy Act, Endangered Species Act (16
U. S. C. 1531-1543; 87 Stat 884), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d) and/or Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C.
791a et seq.) as applicable.
The project will impact 433 linear feet of stream for the dam plus inundate 4,674 linear feet of stream plus
inundate 0.042 acre of wetlands. These impacts have been reduced from the original application by 2,925
linear feet of stream channel. Two-tiered (20'/30') buffers will be provided for 6,072 linear feet of stream
onsite and 1,556 linear feet of mitigation will be purchased from the Ecosystem Enhancement Program.
Although we are concerned about inline impoundments generally, if the US Army Corps of Engineers and
the NC Division of Water Quality permit and certify these impacts, the following non-prioritized
recommendations are provided for permit and certification conditions:
Mitigation should be provided at the indicated rates or greater. The final ratio of mitigation
should consider issues related to water supply watersheds.
The impoundment discharge should be monitored to ensure thermal impacts to waters will
not exceed the temperature standard for piedmont streams. Unless otherwise stipulated by
the Division of Water Quality, discharge water temperatures should be routinely monitored
and compared to inflow water temperatures to ensure compliance.
A minimum flow release as determined by the NC Division of Water Resources (DWR)
should be provided by design and construction during and after dam construction so that
aquatic life impacts below the dam will be minimized. If DWR does not set a minimum
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Lissara Lake & Dam -Page 2 -
March 7, 2008
flow regime, the minimum 7QIO should be maintained at all times in the stream below the
dam to ensure continuous water flow to support downstream habitats.
4. The discharge should be aerated to enhance dissolved oxygen levels.
5. Forested areas, buffers and littoral shelves should be preserved as undisturbed (to the extent
practicable) and protected as restricted use conservation areas. Maximum available
forested buffers should be provided and protected. It is our understanding that a minimum
30-foot vegetated buffer is required pursuant to water supply regulations and that these
buffers will be enhanced with an additional 20-foot vegetated exterior buffer.
6. Conservation and preservation areas should be permanently preserved as common buffer
areas along impoundments, streams and wetlands instead of these zones being subdivided
into portions of individual lots.
7. The project must be accomplished so that wet concrete does not contact stream water.
8. Heavy equipment should be operated from high ground instead of in channel to minimize
buffer zone impacts and sedimentation as well as reduce the likelihood of introducing other
pollutants into the stream.
9. Stringent erosion control measures should be installed and maintained where soil is
disturbed. Sediment and erosion control measures should adhere to standards for sensitive
watersheds (15A NCAC 4B .0124).
10. Littoral shelves and native vegetation should be provided along the shoreline for stability,
safety, shading and habitat.
11. Non-native plants or invasive plants should not be used for the project.
12. Mitigation should be provided locally to offset diminished aquatic and terrestrial wildlife
habitats. Due to intensive and ongoing development in Forsyth County, these EEP funds
should be used for stream and wetland restoration and enhancement projects along
Forsyth County streams and watersheds in the Yadkin River basin. There are ample
opportunities in Forsyth County and the need for aquatic habitat improvement and
maintenance is great.
13. Only native piedmont species should be stocked. As of July 1, 2005, anyone stocking inland
fishing waters with fish, mollusks or crustaceans must obtain a stocking permit issued by
the NCWRC pursuant to 15A NCAC IOC .0209. The purpose of this new regulation is to
protect native or legally established aquatic species from the potentially damaging effects of
unauthorized stockings.
14. If required by local, state or other federal agencies, stormwater management practices should
be provided; however, they should not be installed in jurisdictional waters.
15. The use of motorized equipment as well as fertilizers and other chemicals in the lake and
around the shoreline and buffer zones should be strictly controlled so as not to cause direct
or ancillary pollutant issues downstream.
16. Project proponents should contact Mr. Matt Gantt (336-771-5000) with NC Land Quality to
determine if a dam safety review is required.
Thank you for the opportunity to review and comment on this project during the early planning stages. If
you have any questions regarding these comments, please contact me at 336/769-9453.
Cc: Cyndi Karoly, NC Division of Water Quality
E-copy: Sue Homewood, DWQ-WSRO
Becky Fox, EPA
Allan Ratzlaff, USFWS