20051117 Ver 2_WRC Comments_20080515

MAY 1 5 2008
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9 North Carolina Wildlife Resources Commission P
MEMORANDUM
TO: Cyndi Karoly, 401 Certification Unit D A ow 12
NC Division of Water Quality (DWQ)
MAY 1 5 2008
FROM: Ron Linville, Regional Coordinator NR-WATER QUAUlY
Habitat Conservation Program WETLANDS AND STORMWATER BRAN(;8
DATE: May 14, 2008
SUBJECT: Lissara Development of Lewisville, Unnamed Tributary Yadkin River (WS-IV),
DWQ No. 20051117 v 2 & Protocol Information Submittal and
COE Action ID No. 200520968, Forsyth County
The applicant has provided additional information concerning proposed impacts and mitigation
associated with a proposed ski lake subdivision development. Additional information is being
provided to satisfy certification issues as well as to address the new "Predictability Study
Protocol for Sampling Referenced Impoundments" (Protocol) recently developed by DWQ.
Biologists with the North Carolina Wildlife Resources Commission are familiar with habitat
values in the area and are aware that the stream to be impounded is rated as high quality which is
not routinely the quality for many Forsyth County streams. 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.
Our review of the recent additional information submittals (April 10, 2008 and April 29, 2008)
left us with additional concerns about the project as well as about how well reference
impoundment Protocol site selections will assess and reduce impoundment impacts to water
quality standards. Specifically, we are concerned that the large impoundments selected for this
project will not adequately determine future conditions associated with a smaller impoundment
or an active ski lake scenario. To properly evaluate future conditions, it would seem that a
reference impoundment should be of similar size and of similar watershed acreage and
geophysical attributes as the proposed impoundment. Using either Lake Thom-A-Lex or Salem
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fag: [phone]
Lissara 2 & Protocol -Page 2 -
May 14, 2008
Lake for Lissara comparison purposes does not provide substantial similarities. A better
reference impoundment selection in the area would probably be Kernersville Lake which is
believed to be about 40-acres in size. An additional concern is that these larger lakes may be
able to assimilate skiing and boating activities (turbidity and associated impacts) better than
smaller bodies of water unless design and management strategies are substantial, well
implemented, and constantly maintained for smaller impoundments.
We last commented on this project on March 7, 2008. At that time we recommended the
following for the project:
1. Mitigation should be provided at the indicated rates or greater. The final ratio of
mitigation should consider issues related to water supply watersheds.
2. 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.
3. 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 flow regime, the minimum 7Q10 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. Nonnative 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,
Lissara 2 & Protocol -Page 3 -
May 14, 2008
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 10C .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.
If the Lissara Ski impoundment is permitted and certified, we still recommend inclusion of the
above items to the maximum extent practicable. As it appears to this office that the Protocol is a
late issue for this specific impoundment and similar reference impoundment information is not
indicated as available, a waiver of this requirement with substantial onsite protections may
suffice providing the recommendations indicated above are implemented, especially items 2, 3,
4 5 6, 10 and 13 (above). In our view, the permanent protection of an undisturbed forested
shoreline of 50' should help reduce thermal influences to impounded waters as this strategy will
enhance shading of the lake and help reduce direct sunlight exposure to the lake. This should be
especially helpful during warmer months and hopefully during low flow regimes. These wider
forested buffers are recommended to be established and maintained as common areas instead of
being subdivided into portions of individual lots to avoid future buffer modifications. Vegetated
littoral shelves should help reduce bank erosion. Future impoundment projects should be held to
similar design and maintenance requirements as well as to the evaluation and provision of
Protocol data. Hopefully, additional reference impoundment information can be found and/or
developed in the interim.
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.
E-copy: Montie Mathews, USACOE
Becky Fox, EPA
Bryan Tompkins, USFWS