20090029 Ver 1_WRC Comments_20090121

~ North Carolina Wildlife Resources Commission ~

Gordon Myers, Executive Director

January 21, 2009

Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Ms. Cyndi Karoly
NCDENR, Division of Water Quality, 401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628

SUBJECT:

Indian Lake Club POA Nationwide Permit Application
Lake dredging and drain repair - Indian Creek, Transylvania County
DWQ No. 09-0029

Dear Ms. Beckwith and Ms. Karoly:

The Indian Lake Club POA requested a letter of concurrence from the North Carolina Wildlife Resources
Commission (Commission) for a 404 Permit from the U.S. Army Corps of Engineers (ACOE).
Comments from the Commission are provided under provisions of the Clean Water Act of 1977 (33
U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.c.
661-667d).

The project involves dredging sediment from 0.7 acre of Indian Lake and temporarily installing 40 feet of
culvert in Indian Creek downstream of the dam to facilitate drain repair. The lake will be drawn-down
completely by pumping from a cofferdam constructed in the lake bed. The drain will/does draw water from
near the mid-depth of the 27-foot deep lake.

Indian Creek supports wild brook trout. This project will harm trout habitat and possibly trout survival if it
causes sedimentation or substantially reduces flow in the creek below the lake.

The Commission can concur with a permit for this project if:

Mailing Address: Division of Inland Fisheries · 1721 Mail Service Center · Raleigh, NC 27699-1721
Telephone: [phone] · Fax: [phone]

Indian Lake Club POA
Transylvania

Page 2

January 21, 2009

1. Lake drawdown and other construction and excavation in the lake or Indian Creek does not
occur from October 15 to April 15 to avoid harm to trout spawning downstream of the lake.

2. Sediment and erosion control measures are used before construction and maintained until all
disturbed soils are permanently stabilized. Buffers along the stream channel through the lake are
covered with secure matting and seeded to reduce erosion during high flows that may occur during
the drawdown.

3. Dredged materials are disposed of and quickly stabilized with ground cover in a suitable upland
location.

4. Dredging is avoided in areas with emergent wetland vegetation.

5. Stream flow is isolated from any dredging and construction areas.

6. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.

7. Flow in the stream below the dam is never markedly reduced. Lake refilling is done gradually to avoid
serious diminution of downstream flow.

8. Elevated turbidity downstream of the dam is avoided. This may require additional settling basins, silt
bags on the pump discharge, or other appropriate measures during the drawdown.

9. As proposed, outflow from the repaired dam outflow is designed so that cool water is released instead of
warmer water from the upper layer of the lake.

10. Any concrete work is isolated from water because uncured concrete can kill aquatic life.

The Commission appreciates the opportunity to assist the U.S. Army Corps of Engineers with this permit
action. Commission staff may inspect the project area during and after construction. If there are any
questions regarding these comments, please contact me at [phone] extension 24.

Sincerely,
/-:7
/tY~

Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program

cc: Fish and Wildlife Associates Inc., Mrs. Pam Boaze