20070168 Ver 1_More Info Received_20080709

4rMACTEC MACTEC Engineering and Consulting
1 Patton Avenue
Asheville, North Carolina
Phone: [phone] Fax: [phone]
LETTER OF TRANSMITTAL
TO: Mr. Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
[phone]
WE TRANSMIT TO YOU:
DATE: 07/08/2008
MACTEC PROJECT NO.: 6229-05-2914
PROJECT NAME: Grandview Peaks On - o l to g
SUBJECT: DWQ Alternative to Predictability Study
HEREWITH
UNDER SEPARATE COVER
SUBJECT:
?DRAWINGS
?SPECIFICATIONS
?CALCULATIONS
M REPORT
?COST ESTIMATE
?AS NOTED
ACTION: SENT BY:
?FOR YOUR INFORMATION ?MAIL
®FOR YOUR COMMENT OR APPROVAL ?CERTIFIED MAIL
?RETURNED FOR CORRECTION: RESUBMIT ®EXPRESS FED
?APPROVED AS NOTED ?COURIER
?AS REQUESTED ?HAND DELIVERED
?FACSIMILE:
transmittal
COPIES DATE DESCRIPTION
2 07/08/08 DRAFT=On-site, Impoundments Sampling Protocol
REMARKS: Please find attached two copy of the DRAFT-On-site, Impoundments Sampling Protocol. Should you have any
questions, please contact Robert Sain at (828)-252-8130 or Allen Conger (803)-798-1200
JUL 9 2008
DENR.. WATER QUALITY
WETLANDS AND ST041"ATER I
CC: Todd Black; Fall Creek Land Company
Kevin Barnett, DWQ, Asheville Field Office
Amanda Jones, USACE, Asheville Regulatory Field
By: 2
Robert L. Sain
Direct Phone: [phone]
CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is
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If transmission is not received in good order, please call Tracy Effler at [phone]
D-umenl5 Form R-,sed 10 18'02
I
MACTEC
' engineering and constructing a better tomorrow
' July 8, 2008
Mr. Ian McMillan
N.C. Division of Water Quality
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
Subject: The Grandview Peaks Development
On-site Impoundments Sampling Protocol
USACE Action ID: 2007-200-359
DWQ Project # 07-0168
' McDowell County, North Carolina
MACTEC Project No. 6229052914
' Dear Mr. McMillan:
MACTEC Engineering and Consulting, Inc. (MACTEC), on behalf of the applicant, the Fall
Creek Land Company (FCLC), would like to address Division of Water Quality (DWQ)'s request
for analytical monitoring for the proposed impoundments. The DWQ letter dated January 23,
2008, sent by Mr. Kevin Barnett, stated that the Individual Permit Application was "incomplete"
pending "analytical monitoring" (see Attachment A). Mr. Ian McMillan, DWQ provided the
FCLC with monitoring instructions via email dated June 6, 2008 (see Attachment B-1), Mr.
Kevin Barnett also provided instructions (see Attachment B-2). In both of these emails the DWQ
recommends that the FCLC follow an abbreviated version of the "Predictability Study Protocol
for Sampling Reference Impoundments" (see Attachment C). The purpose of this document is to
present a scientifically valid monitoring and analysis plan, a modification or alternative to the
DWQ predictability study, to accomplish the goal of preserving water quality.
We would appreciate your timely review of this information and your written response regarding
the acceptability of this modified procedure for the required monitoring. ,
AzL L. <'- -rt a(rv(f
Robert L. Sam Allen W. Conger
Project Scientist Senior Principal Scientist
for 44?
cc: Todd Black, Fall Creek Land Company
Amanda Jones, Asheville Regulatory Field Office, USACE
Kevin Barnett, Asheville Regional Office, DWQ
' MACTEC Engineering and Consulting, Inc.
308 Patton Avenue • Asheville, NC 28806 • Phone: [phone] • Fax: [phone]
with permission
pCCC??IL!? p
JUL 9 2008
DENR - WATER QUAUTV
WETLANDS AND STORMWATER BRANCH
www.mactec.com
Draft Response to DWO Predictability Study Jul_v 8, 2008
McDowell Lakes Development Site, McDowell Coumy, North Carolina
AdACTEC Project No. 6229052911
Brief Project Background to Date:
The FCLC submitted a combined "Individual 404/401 Permit application" to the USACE and
DWQ on January 16, 2007. The USACE, DWQ, commenting agencies, and public came back
with public notice comments to be addressed. FCLC's "Response to Pubic Notice Comments"
was submitted to the USACE and NC DWQ on September 25, 2007. The USACE responded,
informally with an email dated January 4, 2008. A site meeting occurred on January 10, 2008
with Ms. Amanda Jones, Asheville field office of the USACE. In addition, a follow-up office
meeting took place with the USACE on February 6, 2008 the USACE informally requested
additional information. This additional information was submitted to the USACE, Asheville
Field Office on June 24, 2008.
The DWQ responded formally to the "Response to Public Notice Comments" with a letter dated
January 23, 2008, stating that the application was "incomplete" pending analytical monitoring
(Attachment A). The DWQ recently (March 2008) came out with an analytical monitoring
protocol for predicting how water quality will affect future impoundments (Predictability Study
Protocol for Sampling Reference Impoundments NCDWQ, 2008) (see Attachment Q. These
guidelines currently state that the applicant conduct rigorous monitoring of two ',similar,
existing" lakes as reference for what to expect from a proposed impoundment.
The Fall Creek Land Company (FCLC) has reviewed the Predictability Protocol and recognizes
that the DWQ has outlined a thorough water quality study for monitoring existing reservoirs.
However, the FCLC does not agree that the predictability protocol is feasible for use as a tool to
predict water quality for a future reservoir in a different watershed.
Watersheds are complex systems with a unique anthropological history and varying spatial and
temporal attributes such as: geology, soils, topography and aspect to the sun. Given the
unlimited, human caused and natural variability possible within each watershed using an existing
reservoir(s) as reference, whether within the basin or not, is not feasible or technically defensible
for the prediction of future water quality.
As an alternative to the DWQ's reference impoundment approach, the FCLC proposes a stand-a-
lone procedure for predicting water quality, on-site, at the Grandview Peaks development, and
technically sound monitoring for demonstration of upstream and downstream water quality

'i • z? - 283.
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Property Boundary
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Proposed Lake Boundaries 0 1.250 2,500 3.750 5.000
Source: USDA DRG Mosaic for McDowell Co., North Carolina 2007
GRANDVIEW PEAKS DEVELOPMENT
tMACTEC SAMPLING LOCATIONS FOR PROPOSED LAKES #2 AND #3
MCDOWELL COUNTY. NORTH CAROLINA
REPARED DATE
y SJM 06/26/08 CHECKED
By RLS DATE
06/26/08 JOB NUMBER
6229-05-2914 FIGURE
1
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Draft Response to DWO Predictability Study Jule 8. 2008
McDowell Lakes Development Site, McDowell County. North Carolina
MACTEC Project No. 622905 2914
integrity. This procedure provides watershed loading analyses consistent with currently accepted
and recommended modeling procedures to predict impoundment water quality, and to provide
input to the engineering design to ensure that low impact development and BMPs are in place to
establish and maintain impoundment water quality. The Grandview Peaks Proposed
Impoundments Sampling Protocol-an alternative but compatible approach to the DWQ
Predictability Study Protocol for Sampling Reference Impoundments, procedure is outlined as
follows.
Grandview Peaks Proposed Impoundments Sampling and Analysis Protocol
1. Water Quality Data from nearby Existing Lakes and Stream Systems:
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The Fall Creek Land Company's (FCLC) "Grandview Peaks (GP)" development contains 54,392
linear feet of jurisdictional, perennial, and intermittent stream channels. The north-western
portion of the property contains two networks of unnamed tributary streams that drain to
Hopper's Creek. The FCLC plans to impound these unnamed, tributary stream systems to create
small reservoir lakes, a 27.1 acre lake and a 6.8 acre lake. Both lakes are down gradient from the
existing development and are the most feasible location on the property-having the right
combination of drainage area, perennial stream flow, constricted valleys (that require less dam
footprints) (see Figure 1).
Both proposed impoundments will be located in the upper Catawba River Basin (HUC 03050101;
sub basin 03-08-30) within the Northern Inner Piedmont Ecoregion. The unnamed tributaries to
Hopper's Creek are 2.3 miles upstream of a privately owned "flood control impoundment."
Downstream of the flood control impoundment, Hopper's Creek joins Magazine Branch at 6.4
miles before joining South Muddy Creek at 9.1 miles; 14 miles to Muddy Creek proper which
drains 19 miles to the Catawba River. The nearest stream gage is 31 miles downstream on the
Catawba River after water outflow from Lake James joins the Catawba River.
The FCLC conducted a thorough preliminary search for existing lakes and streams data within the
area, per the DWQ protocol. Data from Lake James and Lake Tahoma were made available by
the lakes monitoring group (NCDENR-ESS-ISU-Debra Owen, Environmental Biologist, 6-10-
2008). Additional existing lakes data from another study located in the upper Piedmont were
provided by the NC Division of Water Quality (NCDWQ- Ian McMillan, 6-6-2008). Although
J

Draft Response to DWO Predictability Stud,
McDowell Lakes Development Site. McDowell County, North Carolina
MACTEC Project No. 6229052914
July 8, 2008
no suitable reference waterbodies were identified, the data for the above noted waterbodies will
be provided in our discussion also with the on-site monitoring results.
II. Baseline Data Collection: Existing hydrology/ Bathymetric data
To provide support to the watershed modeling, discussed in Section IV, baseline data for each
watershed will need to be gathered for each proposed impoundment. Data such as drainage area,
average slope, soil type, existing water conveyance, storage, and local rainfall data will be
calculated for the proposed lakes. Lakes data will be gathered and analyzed using the newest and
best available tools including programs such as GIS and AutoCAD. Some of these data have all
ready been gathered as part of the due diligence during the permitting process (see Table 1).
Table 1: Proposed Lakes #2 and #3; Example of Existing and Proposed Conditions.
Corresponding Approx. Approx. Acre Approx. Max length of Drainage Area Average
Watershed Pond acres feet height (ft) dam (ft) (acres) Slope
Lake # 2 27.1 585.3 60.0 335.0 328.9 17.4
Lake # 3 6.8 76.7 40.0 390.0 73.9 17.3
fable (treated By: RLS 7-1-2008
Checked By: ABS 7-3-2008
III. On-Site Sampling Protocol
To ensure that construction of the proposed impoundments does not result in a degradation of
water quality within local tributaries and downstream at Hoppers Creek, water samples will be
collected at three intervals: 1. Prior to the construction of the impoundments-results to be used
in watershed modeling, and to establish stream baseline conditions; 2. During lake creation with
backfilled water (to document proper erosion control effectiveness during construction); 3. After
construction of the impoundments has been completed.
Prior to construction samples will be collected weekly as recommended for this year (2008) using
an abbreviated sampling period of four weeks during the hottest period of the year between
August 1st and August 30`h (NCDWQ, 2008) (see Attachment B-2) "growing season" as
recommended in the Predictability Study Protocol for Sampling Reference Impoundments. Two
sampling stations for each perennial tributary will be monitored, once weekly, during this period;
including one upstream and one downstream sampling location for each of the proposed
impoundments (see Figure 1). Both upstream and downstream sampling stations will be placed
4
' Draft Response to DWO Predictability Study July 8. 2008
McDowell Lakes Development Site, McDowell County. North Carolina
' MACTEC Project No. 6229052914
in a flowing (lotic) reach of the tributary to ensure accurate representation of existing water
' quality parameters. Based on observations in the field, several of the tributaries entering the
proposed impoundments appear to be intermittent streams, and may not contain adequate flow
' during the entirety of the sampling period. Samples will be collected from these streams during
periods where adequate flow (approximately 1 CFS or greater) is present (see Figure 1). Should
' flows within a tributary drop below a measurable level, intermittent streams may be selectively
sampled following significant rain events that provide adequate flows. Results of prior to
construction sampling will be used as discussed in Section IV.
1
During construction samples will be collected bi-weekly throughout the "growing season" as
' recommended in the Predictability Study Protocol for Sampling Reference Impoundments
(NCDWQ, 2008). If dam construction takes place before or after the growing season, samples
' will still be collected on a bi-weekly basis.
' After the construction of the proposed dams sampling will continue on a biweekly basis in
accordance with the DWQ predictability study protocol (NCDWQ, 2008) (see Attachment C). In
addition to samples collected at upstream and downstream reaches of each tributary, the newly
constructed impoundments will be sampled using two to four sampling transects running through
' the centerline of the impoundment from bank to bank (see Figure 1). This post construction
sampling period will include, at a minimum, one full growing season (May 1 S` through September
' 30`x') after construction of the lakes is complete.
' Water sampling protocols will adhere strictly to the requirements described in the Predictability
Study Protocol for Sampling Reference Impoundments (NCDWQ, 2008) (see Attachment C).
Water quality parameters to be measured include water temperature, dissolved oxygen saturation,
dissolved oxygen concentration, pH, specific conductance, Secchi depth transparency, total
suspended residue, turbidity, nutrients (total phosphorus, total Kjeldahl nitrogen, ammonia [NH3],
' nitrate + nitrite [NO,+NO3]), chlorophyll-a (corrected for pheophytin), and fecal coliform. Depth
to bottom measurements will also be collected within the impoundment following dam
construction. As indicated in the Predictability Study Protocol (NCDWQ, 2008) (see Attachment
C), all field measurements, sampling methods, and QA/QC procedures will conform to the North
' Carolina DWQ Intensive Survey Unit (ISU) Physical and Chemical Monitoring Standard
Operating Procedure (SOP).

1

Draft Response to DWO Predictahility Study July 8. 2008
McDowell Lakes Development Site, McDowell County, North Carolina
MACTEC Project No. 6229052914
IV. Modeling for Proposed Passive and Active BMP's
Surface water data, as presented above in Section II, collected prior to construction of the
impoundments will be used to determine baseline water quality conditions within local streams,
as well as loading estimates (P, N and TSS) from contributing (upstream) portions of the
watershed. Once the load from upstream tributaries has been determined, additional watershed
modeling will be completed to determine the impacts (incremental change) of the proposed
residential construction and subsequent increase in impermeable surface area within the
watershed. These loading estimates may then be compared to quantify loading from runoff from
the development and propose appropriate Best Management Practices (BMPs) to eliminate the
incremental loading difference.
Watershed modeling will be performed to quantify changes in water quality loading parameters
that are anticipated with the development of low-density residential housing on site. Modeling
will incorporate land use information, soils, existing water conveyance and storage, and local
rainfall data to determine the contribution of each sub-watershed to the total runoff load entering
the proposed impoundments. Results of the watershed model may then be combined with
sampling of upstream tributaries to determine a total influx of nutrients and other water quality
parameters that may affect downstream portions of the streams. Such information is useful in
effectively managing water quality within the impoundments by accounting for excess
stormwater runoff contributions as well as determining best management practices within the
impoundment prior to release of water downstream.
Appropriate BMPs must first be selected to account for additional loading entering through the
residential development. Construction of the proposed impoundments should provide adequate
storage and additional treatment of runoff loads that would otherwise enter local tributaries.
Because of this few detention catchments, if any, would be required to capture stormwater flow
within the watershed. If the results of the watershed model determine that additional BMPs are
needed, BMP selection and design criteria will be guided using the North Carolina Division of
Water Quality Stormwater Best Management Practices Manual (NCDWQ, 2007). A number of
BMP design options may be chosen to capture excess runoff prior to entering local streams or the
proposed impoundments, including, but not limited to:
6
'
Draft Response to DWO Predictability Study July 8, 2008
McDowell Lakes Development Site. McDowell County, North Carolina
MACTEC Project No. 6229052914
a. Dry retention basins;
' b. Wet detention basins;
c. Stormwater wetlands;
d. Bioretention;
e. Infiltration devices; and
f. Grassed swales (etc.)
Emphasis will be given to BMPs that are considered Low Impact Development (LID) and
sustainable for preservation of water quality and quantity.
' To ensure that downstream portions of each tributary are not negatively impacted by the
construction of the proposed impoundments, out flowing water quality may be preserved through
' best management practices within each impoundment. These practices are likely to focus of
temperature, dissolved oxygen and related constituents, and may include conditions of
' management of water withdrawal from the impoundment, among other factors. BMP design and
implementation will utilize watershed loading estimates, upstream and downstream surface water
' monitoring, and examples from similar impoundments within the regional area as guidance for
managing water quality exiting the impoundment. BMPs within the impoundments will be
' designed and implemented to ensure that water quality flowing downstream of the impoundment
is not degraded from the water quality of upstream tributaries. Several BMPs may be utilized to
' achieve this standard, including stirring mechanisms, oxygenation bubblers, and withdrawal of
bottom water to maintain ambient water temperatures during warmer periods of the year.
V. Reporting
Similar to the reporting requirements outlined in the NC Predictability Study protocol, the FCLC
will first provide a report of existing conditions. As described in Section II, the existing
conditions report would provide a thorough analysis of the lotic stream systems that are to be
' converted to lentic systems. An adaptive management plan will be drafted in accordance with the
current water quality. A long term, adaptive management agreement between the client and the
' state can be agreed upon to ensure that the impoundments are managed "real time" to address any
changes in conditions, and maintain optimal water quality conditions. A comprehensive report of
' all results and findings during both pre and post construction phases of the proposed
impoundments will be provided to NC DWQ 401 Oversight Unit for review.

Draft Response to DWO Predictahilitv Study
McDowell Lakes Development Site, McDowell County, North Carolina
MACTEC Project No. 6229052914

1

References:
July 8. 2008
NC DENR - Division of Water Quality "Redbook" Surface Waters and Wetlands Standards NC
Administrative Code 15A NCAC 02B .0 100, .0200 & .0300 Amended Effective: May 1, 2007;
Raleigh, North Carolina:
httn://h2o.ent-.state.nc.us/admin/rules/documents/redbook 1mav07 full with cover udf

ATTACHMENT A
DWQ letter stating the Individual Permit Application was "incomplete pending Analytical
Monitoring" dated January 23, 2008.

' WFI?Q Michael F. Easley, Governor
?C) G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

? - -
O Y Coleen H. Sullins, Director
Division of Water Quality

' SURFACE WATER PROTECTION SECTION
' January 23, 2008
DWQ Project # 07-0168
' McDowell County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 98989 6517
'
Todd Black
Fall Creek Land Company
' Post Office Box 638
Hickory, North Carolina 28603
y
Subject Property: Grandview Peaks
McDowell County
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Dear Mr. Black:
' On December 6, 2007, the Division of Water Quality (DWQ) received your additional
information responses in regards to your request to fill streams as part of your
residential development. As of today, the DWQ has not received a satisfactory
' response to all of the items discussed in the additional information requests. Therefore,
we are returning your, application as incomplete in accordance with 15A NCAC 2H
.0506.
' Should you decide to pursue your project, the following items must clearly be included
in any future application to the Division of Water Quality for filling Waters of the State:
• You must clearly show (through analytical monitoring) that the proposed
impoundments will not violate Water Quality standards in accordance with 15A
' NCAC 02H .0506 (b).
As you have no authorization under Section 401 of the Clean Water Act for this activity,
' and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code.

North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778
Internet. www,ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Phone [phone] Customer Service
FAX [phone]
Onc
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Cirandview Peaks
Page 2 of 2
January 23, 2008
Once you have redesigned your project to address the problems and inadequacies with
your application as it was submitted, you will need to reapply for DWQ approval. This
includes submitting a complete application package with the appropriate fee.
Please call Kevin Barnett at 828-296-4657 if you have any questions this matter.
Sincerely,
---
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
RCE
cc: Robert L. Sain, MACTEC Engineering and Consulting, Inc.
1308-C Patton Ave.
Asheville, NC 28806
Cathy Ball, P.E., City of Asheville
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
Lori Beckwith, USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
Becky Fox, US EPA, Region 4
File Copy
Central Files
Filename: 07-0168.GrandviewPeaks.returned
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ATTACHMENT B-I
DWQ email form Ian McMillan with monitoring instructions, dated June 6, 2008.

Sain, Robert
From: Ian McMillan [[e-mail]]
Sent: Friday, June 06, 2008 3:40 PM
' To: Sain, Robert
Cc: [e-mail]; Conger, Allen; Cyndi Karoly
Subject: Re: Protocol--Analytical monitoring for predictability.

Robert, please sample once weekly in August of this year (four sampling events in
August). I will be away next week. Thanks, an McMillan
'
Sain, Robert wrote:
> Ian,
> Per my conversation with Kevin Barnett on 6-5-08 he recommended that I
> call you to have the most recent "NC DWQ Predictability Study" sent to
> MACTEC (on behalf of the Fall Creek Land Company (FCLC)). I have
received it. Thank you for forwarding me this protocol.
> As I understand--as explained by you and Mr. Barnett, this is the only
> lake predictability study available by the NC DWQ to date.

> MACTEC's client, the FCLC, submitted their permit application during
> last year (2007) when there was not an official predictability study.
> An abbreviated version of the current predictability study was
> required by another applicant in 2007.
'
> I understand that the FCLC will be allowed to follow an abbreviated
> version of this Predictability Study as well. This study will require
> the month of August be sampled in accordance with the 2008 Protocol.
'
> Please respond with your recommended sampling protocol so as to make
> this request more official.

> Best regards,
> Robert

> -----Original Message-----
' > From: Ian McMillan [mailto:[e-mail]]
> Sent: Friday, June 06, 2008 11:19 AM
> To: Sain, Robert
> Subject: Protocol
' >
> attached

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ATTACHMENT B-2
DWQ email form Kevin Barnett with monitoring instructions, dated June 9, 2008.
Sain, Robert
From: Kevin Barnett [[e-mail]]
Sent: Monday, June 09, 2008 8:34 AM
To: Sain, Robert
Cc: Ian McMillan; Conger, Allen
Subject: Re: Protocol--Analytical monitoring for predictability.
Attachments: Kevin.Barnett.vcf
Kevin.Barnett.vcf
(658 B)
Good Morning Robert:
I would like to see (at a minimum) the monitoring to be 6 weeks (2 sampling periods during
the last 2 weeks of July and 4 sampling periods in August) in length.
All parameters in "NC DWQ Predictability Study" sampled for.
Best regards,
Kevin
Sain, Robert wrote:
>Ian,
>Per my conversation with Kevin Barnett on 6-5-08 he recommended that I
>call you to have the most recent "NC DWQ Predictability Study" sent to
>MACTEC (on behalf of the Fall Creek Land Company (FCLC)). I have
>received it. Thank you for forwarding me this protocol.
>As I understand--as explained by you and Mr. Barnett, this is the only
>lake predictability study available by the NC DWQ to date.
>MACTEC's client, the FCLC, submitted their permit application during
>last year (2007) when there was not an official predictability study.
>An abbreviated version of the current predictability study was required
>by another applicant in 2007.
>I understand that the FCLC will be allowed to follow an abbreviated
>version of this Predictability Study as well. This study will require
>the month of August be sampled in accordance with the 2008 Protocol.
>Please respond with your recommended sampling protocol so as to make
>this request more official.
>Best regards,
>Robert
>-----Original Message-----
>From: Ian McMillan [mailto:[e-mail]]
>Sent: Friday, June 06, 2008 11:19 AM
>To: Sain, Robert
>Subject: Protocol
>attached
1

"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - [e-mail] North Carolina Dept. of Environment and Natural
Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090
U.S. 70 Highway Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
2
ATTACHMENT C
"Predictability Study Protocol for Sampling Reference Impoundments"

1

Predictability Study Protocol for
Sampling Reference Impoundments
' Prepared by North Carolina Division of Water Quality,
Wetlands and Stormwater Branch
March 12, 2008
' Background
NC has a regulatory Antidegradation Policy (15A NCAC 02B .0201) that states that it is
the "policy of the Environmental Management Commission to maintain, protect, and
enhance water quality within the State of North Carolina". Activities that may cause a
' degradation of water quality should be avoided unless the applicant can show that denial
of the proposed project will inhibit "important social and economic development".
' The NC Division of Water Quality receives requests to impound streams and rivers to
create amenity lakes, particularly in housing developments. These reservoirs do not serve
a great public need, such as serving as a water supply, and often do not provide
' "important social and economic development" sufficient to over-ride the primary policy
of the state to maintain and protect water quality. Lakes are not naturally occurring in the
majority of the state and impoundments often result in a degradation of water quality,
' mainly due to a high acceleration of the eutrophication process, so any impoundment
should come under additional scrutiny. Changing the character of a waterbody from a
lotic (flowing) to a lentic (impounded) system may result in:
• higher sensitivity to nutrient enrichment, with levels that may not cause issues in a
lentic system leading to overgrowths of algae and nuisance aquatic plants in a
lotic system;
' • increased nuisance growths, which can degrade water quality as reflected in
dissolved oxygen concentrations, pH, water temperature, chlorophyll-a, and total
dissolved gases, and may result in the waterbody no longer meeting NC numerical
water quality standards (refer to 15A NCAC 2B .0200);
• degradation of water quality downstream of the impoundment (e.g., instream
dissolved oxygen and/or temperature can be increased or decreased to undesirable
levels, depending on the type of release; concentrations of ammonia and TKN
may be increased, particularly in the case of bottom releases);
• negative impacts on channel morphology of the downstream reach, including a
' higher susceptibility to vertical downcutting and lateral (bank) erosion, resulting
in channel incision, streambank instability, and a long-term imbalance of the
sediment and flow regime;
' • deleterious impacts on instream fauna downstream of the impoundment due to the
cumulative effects of all the above factors.
' The rate of impoundment requests and the high potential for impoundments to degrade
water quality and to violate water quality standards has led to the need for additional
information from the applicant for use by DWQ staff in the permitting process.
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 1 of 5

Therefore, it is incumbent on the permit applicant to show that a proposed impoundment
' project is unlikely to cause a degradation in water quality within the affected reach,
which includes not only the impounded section of stream but also upstream and
downstream of the proposed project. The guidelines outlined in this document are to be
' used by applicants to collect appropriate water quality data to support their assertion that
the proposed project will not cause degradation of water quality.
Introduction
In order to show that the proposed project will not cause a degradation of water quality
' within the affected reach, the applicant shall collect appropriate water quality data in a
minimum of two existing impoundments that are similar to the project being proposed.
These data will be assessed by DWQ to ensure that numerical water quality standards are
' not being exceeded, and also to determine if a significant change in water quality exists
by comparing data from the upstream and downstream reaches.
' The applicant shall use the following guidelines to develop a written study plan and
sampling schedule, which will be submitted to DWQ staff for approval at least 30 days in
advance of the proposed start of monitoring.
Site Selection
' A minimum of two comparable impoundments will be selected by the applicant for
monitoring. It is unlikely that completely comparable impoundments will exist, and each
proposed project will likely have slightly different concerns; the following criteria are
' shown in relative order of importance and shall be used to select the most comparable
sites. The applicant shall specify why the proposed sampling sites meet these criteria,
and if not, what impact(s) that may have on the interpretation of the resulting data, and
the relative importance of the impact(s).
The study sites shall be:
' • Within the same 8-digit hydrologic unit (HUC) as defined by the USGS
(http://water.usgs.gov/GIS/hue.html);
• Within the same Level IV ecoregion
(ftp://ftp.epa_gov/wed/ecoregions/nc sc/nc eco.pdf) preferred;
• Of a comparable design, particularly in terms of type of release (e.g., epilimnion
or hypolimnion)
' • Land use similar to what is anticipated in the built-out area surrounding and
upstream of the proposed project (cumulative impacts from housing development,
etc. taken into account), and has a comparable vegetated (woody) buffer (if
present);
' • Of comparable character in terms of size, primarily surface area, though mean
depth and volume should also be taken into consideration;
• The impounded stream will be of the same or similar stream order;
' • Similar drainage area of the watershed;
• Have a similar retention time, if known.
'
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 2 of 5

At the applicant's discretion, additional data may
be collected from nearby (within the same Level
IV ecoregion) natural lakes (where available, see
below for list) to show that conditions within the
study impoundments are not significantly
different from those found under natural
conditions with minimal impacts.
Sampling schedule
A minimum total of ten sample sets should be
collected. Sampling and measurements should
occur during the "growing season", defined as the
period from May 1 through September 30. All
sampling and measurements should be performed
during daylight hours. Data may be collected:
L kd : h
Table 1: Natural lakes in NC
Lake Name River Basin
Alligator Lake Pas uotank
Ba Tree Lake Cape Fear
Catfish Lake White Oak
Ellis Lake Neuse
Great Lake White Oak
Jones Lake Cape Fear
Lake Mattamuskeet Tar-Pamlico
Lake Phelps Pas uotank
Lake Waccamaw Lumber
Pun go Lake Tar-Pamlico
Salters Lake Cape Fear
Singletary Lake Cape Fear
Swan Creek Lake Pas uotank
every of er wee urmg t e growing
season within a single calendar year, or
collected monthly during the growing season over two consecutive calendar
years.
' S
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For each impoundment sampled, four to six specific sampling stations should be
identified as follows:
• one station on the stream located in a flowing (lotic) reach upstream of the
reference impoundment;
' • two to four stations (depending on size and heterogeneity of the system under
study), evenly spaced across the centerline of the impoundment (i.e., bank to bank
transect) (lentic);
' • one station on the project stream located in a flowing (lotic) reach downstream
(within 500 feet) of the reference impoundment.
Locations of all sampling stations should be georeferenced in the field using NAD83
' datum.
Water Quality Indicators
The indicators to be measured include water temperature, dissolved oxygen saturation,
dissolved oxygen concentration, pH, specific conductance, Secchi depth transparency,
' total suspended residue, turbidity, nutrients (total phosphorus, total Kjeldahl nitrogen,
ammonia [NH3], nitrate + nitrite [N02+NO31), chlorophyll-a(corrected for pheophytin),
and fecal coliform. Depth to bottom should also be recorded for the two to four lentic
' stations (i.e., within the impoundment).
' Protocol for Sampling Reference Impoundments, March 12, 2008
Page 3 of 5

Sampling methods
All sampling, field measurements, and QA/QC procedures should conform to the
methods outlined in the DWQ Intensive Survey Unit (ISU) Physical and Chemical
Monitoring Standard Operating Procedure (SOP), available online at
http://h2o.enr.state.nc.us/esb/isu.html. Two different sampling methods will be used,
depending on whether the station is lotic (upstream and downstream reaches) or lentic
(within the impoundment), as described below and summarized in Table 2:
• Lotic stations: Field measurements (temperature, DO, pH, specific conductance)
will be taken in situ at a depth of approximately 0.1m below the surface. Water
samples for nutrients, total suspended residue, turbidity, and fecal coliform are to
be taken as grab samples at a depth of approximately 0.1m below the surface. All
measurements and samples should be taken in a flowing, well-mixed area of the
stream, generally at or near the thalweg.
• Lentic stations: Field measurements (temperature, DO, pH, specific conductance)
will be taken at each station just below the surface (depth of approximately 0.1m),
and at lm intervals to the lake bottom. Secchi depth transparency should be taken
at each sampling location. Fecal coliform samples shall be collected as grab
samples at a depth of approximately 0.1m below the surface. Samples for
nutrients, total suspended residue, chlorophyll a, and turbidity shall be taken as
spatial composites of the photic zone, defined as twice the Secchi depth. The
preferred method of composite sampling is to use a LabLine (see ISU SOP for
description) or similar type sampler that allows continuous sampling as it is
lowered and raised throughout the photic zone. Less desirable but acceptable is
the use of a Van Dorn or similar sampler to collect multiple grab samples at
regular intervals throughout the photic zone, and composite them before
distributing into sample bottles.
Table 2: Summary of water quality indicators to be measured. All depths are measured from the water
surface.
Parameter Upstream of
impoundment
(1 station) Impoundment Cross section
(2-4 stations) Downstream of
impoundment
(I station)
Field measurements Yes, 0.1 m only 0.1 m and every meter
to bottom Yes, 0.1 m only
Depth to bottom N/A Yes N/A
Secchi transparency N/A Yes N/A
Fecal coliform Grab Grab Grab
Total suspended
residue Grab Photic zone composite Grab
Turbidity Grab Photic zone composite Grab
Nutrients Grab Photic zone composite Grab
Chlorophyll a N/A Photic zone composite N/A
Protocol for Sampling Reference Impoundments, March 12, 2008
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Analytical methods
' All measurements and analyses shall be performed by a laboratory with a current North
Carolina Wastewater Laboratory Certification for the parameters of interest (including
field parameters). A list of certified laboratories is available at
' http://h2o.enr.state.nc.us/lab/cert.htm. All sample handling, preservation, and analysis
should be performed using approved methods (see
http://h2o.enr.state.nc.us/lab/inorgparam.ht ).
Reporting
' The applicant should provide an interpretive report summarizing all results and findings
to DWQ 401 Oversight Unit for review. Results from all samples and measurements
should also be provided in electronic form, e.g., Excel spreadsheet or delimited text file.
' DWQ will review for completeness, comparison of raw values to appropriate surface
water quality standards included in the NC Administrative Code (15A NCAC .0200, see
http://h2o.enr.state.nc.us/admin/rules/codes statutes.htm), and significant differences
' between lotic sites.

' Protocol for Sampling Reference Impoundments, March 12, 2008
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