20081342 Ver 1_WRC Comments_20081017

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Mr. James Lastinger, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 17 October 2008
SUBJECT: Public Notice for Mr. Carlton Midyette for Construction of a Recreational Impoundment,
Franklin County, North Carolina. Corps Action ID #: 200802598
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), North Carolina General Statutes (G.S. 113-131 et
seq.), and North Carolina Administrative Code 15A NCAC 101.0102.
The applicant proposes to construct a 10+ acre impoundment on an existing 400-acre cattle farm.
The proposed project will permanently impact 0.322 acres of wetlands and 2,165 linear feet of perennial
stream channel. The applicant has proposed a 13:1 mitigation ratio for wetland preservation and a 3:1
mitigation ratio for stream preservation. The applicant proposes to install fences to permanently restrict
cattle which will preserve 4.32 acres of contiguous bottomland hardwood forested wetlands,
approximately 6,200 linear feet of stream channel, and approximately 20 acres of protected Tar-Pamlico
riparian buffer. The purpose of the impoundment is to provide recreational fishing for largemouth bass.
The applicant indicates the design criteria for the pond includes drawdown from the bottom to regulate
water temperature in the receiving streams, outlet structures designed to re-aerate the pond water, and a
mandatory low flow release.
The proposed impoundment would be located on an unnamed tributary to Cedar Creek in the Tar-
Pamlico River basin. There are records for the federal and state endangered dwarf wedgemussel
(Alasmidonta heterodon) and the state threatened triangle floater (Alasmidonta undulata) in Cedar Creek.
At this time, we are unable to complete our review of the permit application because it is unclear
whether the proposed project will avoid and minimize impacts to aquatic and terrestrial wildlife resources
to the maximum extent practicable. To complete our review we request the following:
• Please provide information on whether off-line ponds (i.e., ponds constructed in upland areas)
were evaluated. The applicant indicates that other drainage areas on the site were not considered
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
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17 October 2008
Midyette Pond
Corps Action ID#: 200802598
because they are either too small to support a largemouth bass population or to keep a near
constant water level, but it is not clear whether off-line ponds were considered or evaluated.
• It appears there is an existing pond on the site. Please provide information on the size of this
pond and whether improvements to this pond were considered. If improvements to this pond
were considered, please provide information on why use of this pond is not feasible as a
recreational pond for largemouth bass.
• Please clarify the need for a 10+ acre pond for largemouth bass. Largemouth bass populations
can be established in ponds of at least one acre and quality largemouth bass fishing can be
developed in ponds that are less than 5 acres. We question the need for a 10+ acre pond for
largemouth bass.
• Please provide information on what the minimum flow release will be or how it will be
determined. Also, please provide information regarding how the minimum flow release will be
maintained and/or monitored.
• Please provide information regarding the establishment and/or protection of buffers around the
proposed impoundment.
• The applicant indicates wetland, stream channel, and associated riparian buffer areas on the site
will be enhanced and preserved. Please clarify what enhanced implies (e.g., instream structures
installed, riparian vegetation planted, etc.).
We hesitate to concur with the construction of instream dams because these can modify stream
flows, affect water quality, and can alter the natural diurnal, seasonal, and annual patterns of the upstream
and downstream movements of instream biota (Yeager 1993). The NCWRC recommends that small
impoundments be located off-channel and wetlands be avoided.
Due to the presence of dwarf wedgemussel within the watershed, we have significant concerns
regarding the impacts of the proposed project on dwarf wedgemussel and its habitat. Although the
information provided with the permit application is not sufficient for our staff to make definitive
recommendations or conclusions concerning this project, the following are NCWRC's general comments
and recommendations regarding construction of impoundments and are provided as information for the
applicant
The applicant should contact the N.C. Division of Land Quality to determine if a dam safety
review is required.
The applicant should contact the N.C. Division of Water Resources (DWR) regarding a minimum
flow release.
3. The outflow pipe must be designed to draw water from near the bottom of the pond. Coldwater
bottom withdrawal devices should be within 1-2 feet of the bottom, but not on the bottom. This
design will prevent buildup of poorly oxygenated water and improve water quality in the pond.
The discharge should be aerated to enhance dissolved oxygen levels.
4. Discharge from the impoundment should be routinely monitored to ensure compliance with the
required minimum flow release. In addition, outflow water temperatures and dissolved oxygen
should be monitored. Outflow water temperatures should be compared to inflow water
temperatures and should not exceed the temperature standard for piedmont streams.
5. Only native piedmont species should be stocked in the impoundment. A stocking permit from the
NCWRC is now required to stock any species of fish, mollusks or crustaceans in the public,
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17 October 2008
Midyette Pond
Corps Action ID#: 200802598
inland fishing waters of North Carolina. Applications for a stocking permit are available at
http://www.ncwildlifc.org. There is no fee associated with the permit application process.
6. Native woody vegetation (e.g., river birch, sycamore, bald cypress, water oak, willow oak,
overcup oak, swamp white oak, swamp chestnut oak) should be re-established wherever possible
around the impoundment, but not on the dam. For watersheds that support federally listed
species, we recommend a 100-foot forested buffer on intermittent streams and a 200-foot forested
buffer on perennial streams. These areas should be protected with conservation easements.
7. Residual flow in the stream below the dam must be maintained during filling of the impoundment
to protect aquatic life. However, turbid water should not be discharged. Until water in the
impoundment is clear, flexible pipe should be used to maintain any stream flow around the
impoundment.
8. Concrete is toxic to aquatic life and should not be allowed to come in contact with surface waters
until cured.
9. All mechanized equipment operated near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or
other toxic materials.
10. Rock, sand, or other materials should not be excavated from the stream channel except in the
immediate permitted area. Also, sandbags, flexible pipe, or other stable diversion structures
should be used to avoid excavation in flowing water.
11. A plan should be developed to manage sediment behind the dam. Potential examples include
periodical flushes (thorough sediment analysis and prior assessment of the foreseeable effects of
releasing sediment must be included) and sediment removal (passive techniques are preferred
such as sediment trapping devices).
12. Sediment and erosion controls measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive
silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. We look forward to reviewing the
additional information. If we can provide further assistance, please contact our office at [phone].
Literature cited
Yeager, B. L. 1993. Dams. Pages 57_114. In C. F
warmwater streams: Guidelines for evaluation.
Rock, Arkansas.
. Bryan and D. A. Rutherford, editors. Impacts on
Southern Division, American Fisheries Society, Little
cc: Cyndi Karoly, DWQ
cc: Dale Suiter, USFWS
Rob Nichols, WRC
Kirk Rundle, WRC