STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES REPORT OF PROCEEDINGS FOR THE PROPOSED RECLASSIFICATION OF BOONE FORK IN THE WATAUGA RIVER BASIN AND PORTIONS OF THE SOUTH FORK NEW AND NEW RIVERS AND OLD FIELD CREEK IN THE NEW RIVER BASIN (ALLEGHANY, ASHE AND WATAUGA COUNTIES) PUBLIC HEARING MARCH 17, 1992 BOONE, NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION RALEIGH, NORTH CAROLINA N.C. DCClfME^ITS CLEAR!, JAN 4 1993 N.C. STA^L LIBRARY RALEiGH Digitized by the Internet Archive in 2018 with funding from State Library of North Carolina https://archive.org/details/reportofproceediOOnort TABLE OF CONTENTS Page Introduction. S-1 Boone Fork Summary. S-1 Public Hearing Process/Comments Received. S-2 Recommendation. S-2 Old Field Creek Summary. S-3 Public Hearing Process/Comments Received. S-3 Recommendation. 3-4 South Fork New River Summary. S-4 Public Hearing Process/Comments Received. S-5 Recommendation. S-8 Implications of Recommended Reclassifications. S-9 Recommended Amendments to the Schedule of Classifications for the Watauga River Basin. S-13 Recommended Amendments to the Schedule of Classifications for the New River Basin. S-14 Recommended Amendment to the Outstanding Resource Waters Rule. S-21 General Map of Boone Fork. S-23 General Map of Old Field Creek. S-24 General Map of New River Basin. S-25 Request for Reclassification of the Boone Fork. 1 Request for the Reclassification of South Fork New and New Rivers. 2 Public Notice. 4 Designation of Hearing Officers. 6 Public Hearing Information Package. 8 List of People Attending the Public Hearing. 33 Written Copies of Verbal Comments and Written Comments Received at Public Hearing. 35 Written Comments. 4 8 Reports, Studies, Investigations. 116 SUMMARY AND RECOMMENDATIONS OF THE HEARING OFFICER INTRODUCTION , On March 11 1992 in Boone, North Carolina, a public hearing was held on proposals to reclassify Boone Fork and portions of Old Field Creek and the South Fork New and New Rivers. These proposals were distinct reclassification cases for which one public hearing was held for purposes of efficiency and cost effectiveness. Each of the reclassification cases are addressed individually in this summary. An overview to surface water quality classifications can be found on pages 10 and 11 of this report. BOONE FORK Summary In 1989, the Division of Environmental Management (DEM) received a request from the Wildlife Resources Commission (WRC) to consider Boone Fork and the upper Watauga River for designation as Outstanding Resource Waters. DEM surveyed the water quality of the Watauga River Basin (which includes Boone Fork) and determined that the entirety of the Watauga River and Boone Fork (including all of its tributaries) warrant the assignment of an Excellent water quality rating. Based on these results and the WRC's designation of Boone Fork as Native Trout waters, the Watauga River and Boone Fork were classified as High Quality Waters effective August 1, 1990. Subsequent to the definition of the river basin's water quality characteristics, examination of resource values was needed before a determination on the requested ORW designation could be made. Further evaluation of the Watauga River basin indicated that there are clear resource values associated with Boone Fork. A large portion of the Boone Fork watershed is contained within the Julian Price Memorial Park and Blue Ridge Parkway lands. And, as mentioned above, these waters were designated as Native Trout by the WRC. (Under the WRC's most current regulations, most of Boone Fork is listed as Catch and Release/Artificial Flies Only Wild Trout Waters.) The only potential resource that could be associated with the Watauga River is its recreational value. Based on the combined evaluation of water quality and resource values, Boone Fork and its tributaries were formally proposed for ORW designation. It was not recommended that the Watauga River be formally proposed for classification as ORW since its recreational use was not considered to be of an unusually high level. S-1 Public Hearing Process/Comments Received On March 17, 1992 a public hearing was held on the proposed reclassification of Boone Fork, as well as Old Field Creek, and the New and lower South Fork New Rivers. In this section, verbal and written comments received that addressed the ORW designation of Boone Fork will be summarized. The hearing was attended by forty-four individuals. Three of the eleven verbal comments presented addressed the Boone Fork reclassification case. Two of these expressed support for the proposal. The remaining comment was made by an individual who owns land near the mouth of the creek. He expressed concerns about the stormwater controls that would be applied in association with the protective designation. Three letters that provided written comments on the Boone Fork reclassification were received. All expressed support for the proposal. Recommendation Based on water quality and resource data, comments received, and consideration of the relevant issues, the Hearing Officer and Director recommend the reclassification of Boone Fork from its source to the Watauga River including all tributaries from Classes C Tr HQW and C HQW to Classes C Tr ORW and C ORW. This recommendation, as previously indicated, is based on Excellent water quality ratings, the location of the stream within the Julian Price Memorial Park and Blue Ridge Parkway lands, and designation of these waters as Catch and Release/Artificial Flies Only Wild Trout Waters by WRC. The specific recommended amendment to the Schedule of Classifications for the Watauga River Basin (15A NCAC 2B .0305) can be found on page S-13 of this report.’ In making these recommendations, the Hearing Officer and Director have considered the requirements of General Statute 143-214.1(d). In particular, the chemical/physical/biological properties, character of the watershed and bordering areas, economic considerations, and past/present/future uses of the Boone Fork watershed have been considered. In taking this action, rule 15A NCAC 2B .0305, which references the Schedule of Classifications for the Watauga River Basin, will show that the EMC has revised the schedule. S-2 OLD FIELD CREEK Summary In response to a request to consider the New and South Fork New Rivers (and other miscellaneous streams in the basin) for ORW designation, DEM undertook a comprehensive water quality investigation of the entire New River Basin. The only surveyed tributary in the basin that received an Excellent biological classification is the lower portion of Old Field Creek and its tributary West Prong Old Field Creek (also known as Call Creek). Analysis of possible associated resources revealed that within Old Field Creek, and its tributary, exists a reproducing population of brook trout. This trout species. North Carolina's only native salmonid, is becoming more and more rare due to habitat degradation and competition from other species. The WRC is currently investing in extensive research to determine whether or not there is a genetic strain of brook trout specific to the Appalachian area. The WRC is also engaged in activities for the species' protection. A reproducing population (such as that found in Old Field Creek) is considered to be very valuable. Based on the identified Excellent water quality and the existence of a viable, naturally reproducing population of brook trout. West Prong Old Field Creek and lower Old Field Creek were formally proposed for ORW designation. Because Old Field Creek upstream of West Prong Old Field Creek did not receive an Excellent water quality rating, it does not qualify for ORW designation. However, the proposed reclassification included the application of the management strategy used for freshwater ORWs to these upstream waters in order to protect the excellent water quality and outstanding resources downstream. Public Hearing Process/Comments Received On March 17, 1992 a public hearing was held on the proposed reclassification of Old Field Creek, as well as Boone Fork and the New and lower South Fork New Rivers. In this section, verbal and written comments received that addressed the ORW designation of Old Field Creek will be summarized. The hearing was attended by forty-four individuals. None of the verbal comments presented addressed the Old Field Creek reclassification case. Three letters that provided written comments on the Old Field Creek reclassification were received. All expressed support for the proposal. S-3 Recommendation Based on water quality and resource data, comments received, and consideration of the relevant issues, the Hearing Officer and Director recommend the reclassification of Old Field Creek from the confluence of West Prong Old Field Creek to the South Fork New River and West Prong Old Field Creek from its source to Old Field Creek from Class WS-IV Tr to Class WS-IV Tr ORW. This recommendation, as previously indicated, is based on Excellent water quality ratings and a viable, naturally reproducing population of brook trout. In addition, it is recommended that the management strategy associated with freshwater ORWs be applied to Old Field Creek from its source to West Prong Old Field Creek in order to protect downstream water quality and resources. The specific recommended amendment to the Schedule of Classifications for the New River Basin (15A NCAC 2B .0307) begins on page S-14 of this report. The listing for Old Field Creek is on page S-17. In making these recommendations, the Hearing Officer and Director have considered the requirements of General Statute 143-214.1(d). In particular, the chemical/physical/biological properties, character of the watershed and bordering areas, economic considerations, and past/present/future uses of the Old Field Creek watershed have been considered. In taking this action, rule 15A NCAC 2B .0307, which references the Schedule of Classifications for the New River Basin, will show that the EMC has revised the schedule. SOUTH FORK NEW AND NEW RIVERS Summary In 1989, the National Committee for the New River nominated the entire South Fork New and New River for ORW designation. Subsequent to this nomination and the receipt of other ORW requests for some tributaries of the North Fork New River, DEM began a water quality survey of the entire New River Basin. Early results indicated that the entire New River in North Carolina and the South Fork New River from Elk Creek to the New River warranted the assignment of an Excellent water quality rating. These waters were therefore classified as HQW effective August 1, 1990. However, further examination of water quality and resource characteristics was necessary prior to making a determination on the ORW request. The New and the lower South Fork New Rivers are S-4 characterized by a variety of water-based resources. These include smallmouth bass and rock bass fisheries, recreation in the form of canoeing and swimming, being a part of the New River State Park, and being designated as a Natural and Scenic River from Dog Creek downstream to the Virginia state line by the North Carolina General Assembly in 1976. Based on the documented Excellent water quality and the existence of these resources, the South Fork New River from Dog Creek to the New River and all of the New River in North Carolina (from the confluence of the North and South Fork New Rivers to the Virginia state line), was formally proposed for ORW designation. This portion of the river that received an Excellent water quality rating was chosen for proposal as ORW since clearly identifiable resources (Natural and Scenic designation and association with the New River State Park) are concentrated from Dog Creek downstream. Having the downstream portion of a relatively large watershed qualify for the supplemental ORW classification presented a unique situation for water quality management. Prior to this case, the ORW classification was applied to whole watersheds or headwater areas that qualified for the classification. ORW protection was applied throughout the basin; to all of the waters and to all of the lands draining to those waters. The lower South Fork New clearly qualifies for ORW classification but the headwater areas are impacted by point and nonpoint sources of pollution to the extent that an Excellent water quality rating was not achieved. Therefore, a unique management strategy for point source discharges, to be applied to upstream waters, was developed using the HQW discharge limitations as a framework. The strategy developed and proposed as part of this reclassification is detailed on pages 13-15 within the Public Information Package produced for this proposal. In addition, instead of applying the stormwater controls for freshwater ORWs to the entire river basin as has been done previously, it was proposed that these controls be applied within one mile and draining to the designated ORW. This essentially maintains the controls currently in effect because of the existing HQW classification. Public Hearing Process/Comments Received On March 17, 1992 a public hearing was held on the proposed reclassification of the lower South Fork New and New Rivers, as well as Old Field Creek and Boone Fork. In this section, verbal and written comments received that addressed the ORW designation of the lower South Fork New and New Rivers will be summarized. The hearing was attended by forty-four individuals. The majority of the verbal comments received addressed the South Fork New and New Rivers reclassification, at least in part. The nine verbal comments that were received on this proposed reclassification can be easily split into two groups: those S-5 favoring the reclassification and those from residents of Alleghany County expressing concern about the stormwater controls associated with the ORW classification. A number of individuals in Alleghany County were concerned about the implications of the ORW designation of the New River. Consequently, DEM staff made a special presentation about the proposed reclassification (prior to the hearing date) to the Alleghany County Commissioners at one of their regular meetings. This meeting was also attended by interested citizens. The part of the proposal in which the audience was most interested related to the stormwater controls. These controls have been in place since mid-1990 as a result of HQW designation. The ORW proposal did not recommend a change to the stormwater controls currently in place. Two petitions and forty letters were received during the 30- day public comment period following the public hearing. The overwhelming majority of these comments (thirty-five) expressed support for the proposed reclassification and the management strategy associated with it. All comments received are included in this report beginning on page 48. Some of the written statements received presented particular concerns about the unique management strategy proposed in association with this reclassification. In the following section staff provide responses to these concerns. Comment: There is no need for stricter discharge requirements in upstream waters. Enforcement of standards currently in effect is sufficient to protect downstream water quality. Response: Controlling direct wastewater discharges to surface waters is one of OEM's primary methods of water quality management. Under the management strategy proposed for New and South Fork New River reclassification, new and expanded wastewater discharges upstream of the waters classified ORW would be required to meet stringent effluent limitations (see the following section entitled 'Implications of the Recommended Reclassifications' for details). In the headwaters of the South Fork New River drainage area there are numerous permitted wastewater discharges whose effluent contributions are affecting water quality in this basin. Currently, recovery in downstream waters is sufficient for the attainment of an Excellent water quality rating. However, allowing the addition of new discharges and allowing existing discharges to increase their contributions will likely add stress to the system and may impact water quality in the immediate receiving waters and downstream. Requiring such additional contributors to provide "cleaner" effluent will limit additional water quality impacts without S— 6