20081047 Ver 1_WRC Comments_20080716

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? North Carolina Wildlife Resources Commission 0
MEMORANDUM
TO: Amanda Jones, USACOE
Asheville Regulatory Field Office
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FROM: Ron Linville, Regional Coordinator lUL 1 6 2008
Habitat Conservation Program
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DATE: July 14, 2008???rr?7"
SUBJECT: June Thomas Property, Unnamed Tributary Little Pine Creek, NC Division of Water
Quality No. DWQ 20081047, Alleghany County
The applicant proposes to rectify Notices of Violation issued by regulatory authorities pursuant to the
Clean Water Act. Biologists with the North Carolina Wildlife Resources Commission are familiar with
general habitat values in the area. These comments are provided in accordance with the provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North
Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25).
The project will restore stream flow to the original stream channel and relocate an access culvert to the
original stream location. The new culvert will be installed so that fish passage impediments associated
with the improperly installed culvert (to be removed) will not occur to provide aquatic life passage. A 3/4
acre "offline" pond is indicated as built already. The restoration of about 0.18 acres of wetlands is
indicated. Per a conversation with Mr. Eddie Bunn, PE on July 7, 2008, the pond was built on a seep or
spring prior to permitting activities. A database review and consultation with fishery biologists indicate
that wild Brown trout are known for Little Pine Creek and that the Bog turtle, Glyptemys muhlenbergii
(NCT, FT S/A), Kanawha darter, Etheostoma kanawhae (NCSR), and Wehrle's Salamander, Plethodon
wehrlei (NCT) are known for the general area. Impacts to the turtle and the salamander habitats may
have occurred already if suitable habitats were present.
Although an earlier review of the project should have been warranted due to possible impacts to listed or
rare species, based on our submittal review, we will not object to the project as currently proposed to
restore habitats providing the following recommendations are implemented:
In stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the brown and brook trout spawning season of October 15 through April 15 to protect
the egg and fry stages of trout from off-site sedimentation during construction.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1711
Telephone: [phone] - Fax: [phone]
June Thomas Project Page 2
July 14, 2008
To the maximum extent practicable, culverts 48" or larger should be buried a foot into the
streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or
greater than 20% their size to allow for aquatic life passage. These measurements must be
based on natural thalweg depths. Aquatic life passage must be assured during low flow or
drought conditions. Any riprap used must not interfere with aquatic life movement during
low flows.
The restored stream should incorporate state-of-the-art natural channel design and native
plants. The stream and any remaining jurisdictional waters and wetlands should be buffered,
either through protection or provision of undisturbed forested buffer zones. Buffers should
be permanently preserved as common contiguous forest areas instead of being subdivided.
For streams that do not support federally listed threatened or endangered aquatic species, we
recommend 50' intermittent and 100' perennial stream buffers. Maximum available buffers
should be provided; however, the twenty-five (25) foot trout buffer should be provided as
undisturbed to the maximum extent practicable. Buffers should be permanently preserved
with deed restrictions or conservation easements (preferable).
Sediment and erosion control measures should adhere to the design standards for sensitive
watersheds (15A NCAC 4B .0124).
If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water.
6. Stream work should be done in the dry. Heavy equipment should be operated from the bank
rather than in the stream channel in order to minimize sedimentation and reduce the
likelihood of introducing other pollutants into the stream.
Due to down stream trout habitats, a cold water release should be provided for the
impoundment. Please see the attached design recommendations. As appropriate, 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 avoided and minimized. If DWR does not set a minimum
flow regime, the minimum 7Q10 (or inflow equal to outflow) should be maintained at all
times in the stream below the dam to ensure continuous water flow to support downstream
habitats. The pond discharge should be aerated to enhance dissolved oxygen levels. Any
water diversions into the pond should not reduce base flows in the stream by more than
twenty (20) percent and in no event should stream flows fall below the 7Q 10.
Temporary or permanent native herbaceous vegetation should be established on all bare soil
within five (5) days of ground disturbing activities in the twenty-five (25) foot trout buffer to
provide long-term erosion control. Natural fiber matting is recommended over plastic matting
that can impinge and entrap small animals. Littoral shelves and native vegetation should be
provided along the pond shoreline for stability, safety, shading, and habitat benefits.
Restored streams and stream banks should be planted with autochthonous (native) plants like
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow,
sycamore, river birch, or other native woody species. Non-native or invasive plants should
not be used for the project. Only autochthonous plants should be incorporated throughout the
project. The use of fertilizers and other chemicals in the pond and around the shoreline and
buffer zones should be strictly controlled so as not to cause direct or ancillary pollutant issues
downstream.
June Thomas Project Page 3
July 14, 2008
Only native species should be stocked in the pond. 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.
10. Project proponents should contact Mr. Matt Gantt (336-771-5000) with NC Land Quality
to determine if a trout waiver is needed for the project.
We believe that permanently protecting forested stream buffers is essential to the maintenance of wild
trout and their aquatic habitats. According to US Army Corps policy, the establishment and maintenance
of riparian areas can be required by the district engineer as compensatory mitigation, to help ensure that
the NWP activity results in minimal individual and cumulative adverse effects on the aquatic
environment. Compensatory mitigation projects can include areas that are not waters of the United
States, as long as the mitigation is directly related to the impacts of the proposed work on such waters and
appropriate to the scope and degree of those impacts. Riparian areas are integral components of streams
and other open waters, and are essential for their ecological integrity and functioning. The establishment
and maintenance of riparian areas as compensatory mitigation for activities authorized by NWPs and
other types of permits also helps advance the objective of the Clean Water Act, which is to "restore and
maintain the chemical, physical, and biological integrity of the Nation's waters."
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.
E-copy: Amy Euliss, DWQ-WSRO
June Thomas Project Page 4
Fisheries Management Fact Sheet 2003
July 14, 2008
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, harming trout, smallmouth 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) over 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 constructed of a
relatively light but rigid material (aluminum is best). Heavy pipes are difficult to mount and put extra strain on the
June Thomas Project Page 5 July 14, 2008
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
the standpipe. Three bolts or pins can be inserted into the pipe several feet down from the top to serve as spacers
that will keep the drawoff pipe vertical and centered on the standpipe.
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Bottom water withdrawal devices do have their limitations. Ponds that are very shallow and/or small may not
benefit since the water temperatures near the bottom and at the surface will be more similar. Also, if the outflow
from a pond is going directly into a stream, then the water should be aerated by routing it to splash onto rocks or
other hard, jagged surfaces as it re-enters the stream.
More information concerning pond construction and management is found in the "Pond Management Guide"
published by the N.C. Wildlife Resources Commission and the N.C. Agricultural Extension Service. This guide can
be obtained online at ww_'ti_ncwi_ldli(c org or by calling 919 733-3633.
N.C. Wildlife Resources Commission Division of Inland Fisheyes
www.ncwildlife.or-q [phone]