20090569 Ver 1_WRC Comments_20090612

09- 059
0 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
June 12, 2009
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Nationwide Permit Application for Patrick E. Carlton
Chinquapin Irrigation Supply Project, Robinson Creek, Jackson County
Dear Ms. Beckwith:
The Chinquapin Development 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.
Commission staff is familiar with the fishery resources in the project area. Our comments on this permit
action 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 impacts to 40 feet of Robinson Creek to install an irrigation pump supplying water to
the Chinquapin golf course near Cashiers. About 150,000 gallons of water is applied to the course every
other day during normal conditions and 50,000 are applied every day during dry periods. Water is
currently obtained from Tulip Pond supplemented with an additional 12,000-20,000 gallons per day (gpd)
of well water during dry periods. The proposed intake on Robinson Creek would withdraw about 75,000
gpd. The applicant used historical discharge data from three streams in western North Carolina to
extrapolate the hydrology of Robinson Creek and to assess the potential effect of the withdrawal on
aquatic habitat. Since a flow of 1.55 cubic feet per second (cfs) was measured in Robinson Creek on
September 16, 2008, extrapolation indicated that the proposed withdrawal would remove about 7.5% of
the total flow.
The low flow period for this region of North Carolina is expected annually from July to September.
During these low flow periods, the proposed withdrawal will remove a higher percentage of flow in
Robinson Creek than has been calculated by the applicant. If the extrapolated data reasonably represents
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
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Jackson
the creek, an average flow of around 0.3 -0.4 cfs would be expected in the July to September period.
Based on this and a proposed withdrawal rate of 75,000 gpd (0.12 cfs), nearly one-quarter of flow would
be removed during these lowest annual flow. The single measurement taken in Robinson Creek in
September 2008 instead indicates less than one-tenth flow removal. Also notable is that the 1.55 cfs
measurement is five times higher than the average flow estimate despite coinciding with a period of
extreme drought in the region. Moreover the flow estimate is based on average values and is not a low
flow calculation for a contiguous period, such as the 7Q 10 flow. Therefore, assuming the data is
representative, the withdrawal would remove well above one-quarter of stream flow during drought
conditions, which is when irrigation needs are typically highest. The flow reduction would be
periodically amplified if the pump was only operated for a few hours a day at the 75,000 gpd rate, such as
when irrigation systems operate in evenings, rather than continuously throughout a day.
Robinson Creek supports wild brook trout. The Commission emphasizes the conservation of wild brook trout
populations because they are the only native trout in the region and are particularly sensitive to habitat
deterioration (NCWRC 1989). Brook trout currently occupy only 20 to 30% of their estimated historic range
in Tennessee (Bivens 1984) though their distribution seems to have since stabilized in part from restoration
efforts (Habera et al. 2001). A comparable range reduction has occurred in North Carolina and they are at
risk regionally due to habitat loss and degradation, and displacement by introduced species (Bivens 1984;
Habera and Strange 1993).
Trout populations in small streams decline in response to reduced stream flow. Brook trout population
declines in small Appalachian streams have been observed following drought and watershed disturbances
(LaRoche and Pardue 1980; Hilderbrand and Morgan 1995; Hakala and Hartman 2004). Similarly, low and
variable stream flows reduced the standing crop of rainbow trout in headwater streams in Georgia (Durniak
and England 1986) and rainbow trout in a northwestern California stream had reduced growth where flow was
experimentally reduced by 75-80% (Harvey et al 2006). Nuhfer and Baker (2004) observed a lower condition
of brook trout in a northern Michigan stream where flow was reduced by 50 or 90%, but there was no
reduction in long-term growth. The lack of a growth or density decline in this low gradient, sandy bottomed
stream may not be consistent with steeper, higher velocity streams like Robinson Creek. This is the case in
Wyoming where trout standing crops in low gradient streams did not correlate well to late summer stream
velocity while high gradient streams did (Conder and Annear 1987).
In addition to habitat loss, trout population declines from reduced stream flow can be indirectly attributed
to forage declines and habitat deterioration. Hakala and Hartman (2004) observed significantly reduced
riffle habitat (-54%) and increased fine sediments in spawning habitats in West Virginia streams. Much
of the invertebrate production in streams occurs in riffles. Invertebrate drift was markedly reduced in the
stream where Harvey et al (2006) documented reduced rainbow trout growth. Wills et al (2006) found
significantly lower total invertebrate densities at a 90% flow reduction of the northern Michigan stream
that Nuhfer and Baker (2004) tested. There was also substantial temperature increases during the 50 and
90 % flow reductions that could render unsuitable streams that are already near the upper thermal limits
for trout (Nuhfer and Baker 2004).
Based on the referenced information, the proposed project has the potential to adversely affect Robinson
Creek's brook trout population, particularly during drought. Therefore, in accordance with the statutory
charge to conserve the wildlife resources and inland fisheries in North Carolina (G.S. 113-132), the
Commission cannot concur with a permit for this project. However, a more favorable review may be
Chinquapin Page 4 June 12, 2009
Jackson
Hakala, J.P. and K.J. Hartman. 2004. Drought effect on stream morphology and brook trout (Salvelinus
fontinalis) populations in forested headwater streams. Hydrobiologia 515:203-213.
Harvey, B.C., R.J. Nakamoto, and J.L. White. 2006. Reduced streamflow lowers dry-season growth of
rainbow trout in small stream. Transactions of the American Fisheries Society 135:998-1005.
Hildebrand, R.H. and R.P. Morgan, 111. 1995. Environmental disturbance and within-basin population
dynamics of brook trout under different land use conditions. In: Proceedings of the East Coast
Trout Culture and Management Workshop, Il. American Fisheries Society Northeastern Division
and Southern Division.
LaRoche, A.L. and G.B. Pardue. 1980. Environmental extremes and native brook trout populations in
the southeastern United States. In: Wild Trout II, Proceedings of the Symposium. Trout
Unlimited and the Federation of Fly Fishermen.
North Carolina Wildlife Resources Commission (NCWRC). 1989. Casting the future of trout in North
Carolina: A plan for management of North Carolina's trout resources. Division of Boating and
Inland Fisheries, North Carolina Wildlife Resources Commission.
Nuhfer, A.J. and E.A. Baker. 2004. A long-term field test of habitat change predicted by PHABSIM in
relation to brook trout population dynamics during controlled flow reduction experiments. State
of Michigan, Department of Natural Resources, Fisheries Division. Research Report Number
2068.
Wills, T.C., E.A. Baker, A.J. Nuhfer, and T.G. Zorn. 2006. Response of the benthic macroinvertebrate
community in a northern Michigan stream to reduced summer streamflows. River Research and
Applications 22: 819-836.
Chinquapin Page 3 June 12, 2009
Jackson
possible should additional, pertinent project information be provided which demonstrate that the
withdrawal would be compatible with aquatic habitat conservation in Robinson Creek. The following
specific issues would need to be addressed to accomplish this:
1. Flow data needs to be obtained from Robinson Creek and used to evaluate the effects of the
withdrawal on aquatic habitat through coordination with Commission and NCDENR, Division of
Water Resources (DWR) staffs.
2. Information about the pump and line design plan, and operational capacity need to be presented.
Withdrawals of 100,000 gpd must be registered with DWR (see G.S. 143-215 .22H), which may
apply to this project. The existing 150,000 gpd withdrawal from Tulip Pond may be subject as
well.
3. Records showing daily water usage and availability from existing sources during the 2008
drought need to be evaluated to characterize the current supply deficiency, if applicable. Any
alternatives to the withdrawal, such as on-site wastewater application, should be evaluated as
well.
4. A comprehensive operational plan, withdrawal plan, stream flow monitoring and stream flow
reporting schedule need to be prepared and implemented with any withdrawal.
Thank you for the opportunity to review and comment on this project. Please contact David McHenry at
[phone] extension 24 if there are any questions regarding these comments.
Sincerely,
Shannon L. Deaton, Manager
Habitat Conservation Program
cc:
Mr. George Buchholz, EcoEngineering
Citations
Bivens, R.D. 1984. History and distribution of brook trout in the Appalachian Region of Tennessee.
M.S. Thesis. University of Tennessee, Knoxville.
Conder, A.L. and T.C. Annear. 1987. Test of weighted useable area estimates derived from a PHABSIM
model for instream flow studies on trout streams. North American Journal of Fisheries
Management 7:339-350.
Durniak, J.P. and R.H. England. 1986. Dynamics of rainbow trout populations in small headwater
streams. Georgia Department of Natural Resources Game and Fish Division, Federal Aid in
Sport Fish Restoration, Dingell-Johnson Project F-25-13, Final Report, Georgia.
Habera, J. W., and R. J. Strange. 1993. Wild trout resources and management in the Southern
Appalachian Mountains. Fisheries 18(1):6-13.
Habera, J.W., R.J. Strange, and R.D. Bivens. 2001. A revised outlook for Tennessee brook trout.
Journal of the Tennessee Academy of Science 76(3):68-73.