Stewardship Begins in Our Backyards A Landowner’s Guide to Protecting Our Land and Streams

This publication was produced by Haywood Waterways Association, Inc. with financial support from the Pigeon River Fund and the Tennessee Valley Authority.

Streams of western North Carolina are one of our most beautiful assets. Unfortunately, sediment and other pollutants are threatening the health of our streams. As landowners living in the watershed, it is important to understand why streams behave the way they do, what we can do to keep them from being damaged or eroding land, and what regulations are in place to keep streams healthy. This is a guide to protect your land and the watershed you live in.

Permits By law, the Army Corps of Engineers and NC Department of Environment and Natural Resources are required to protect our waterways. Permit programs were created to provide landowners working in or around streams with guidelines for stream and land protection. Examples of permits that may be required are: Examples of permits that may be required are:

F US Army Corps of Engineers, Section 404 Permit: Section 404 of the Clean Water Act requires a permit for any activity in water or wetlands that would dredge or discharge fill material into waters or wetlands, such as stream bank stabilization, stream modifications (including ditches), damming streams, installing culverts, and work in wetlands.

F NC Department of Environment and Natural Resources, 401 Water Quality Certification: Section 401 of the Clean Water Act authorizes states to issue a Water Quality Certification for projects that require a Section 404 permit. The 401 certification is verification that the project will not degrade State Waters or violate water quality standards.

F NC Stormwater Runoff Permit: This permit covers construction activities that may result in storm water drainage into certain sensitive state waters.

F Septic System Permit: The Haywood Environmental Health Department requires a permit for construction of a septic system.

A permit may not be required for some work. However, to avoid a violation you should always contact the appropriate agency to determine if you need a permit before performing the work. A simple phone call could save you a lot of headache! Some activities that may not require a permit from the Army Corps or state may still require a permit from the US Fish and Wildlife Service due to potential endangered species concerns.

Photo courtesy of Haywood SWCD

The pollutants affecting our streams originate from construction, landscaping, logging, failing septic systems, agriculture, roads, and general household activities we do everyday. Pollutants degrade our drinking water supply, clog storm sewers and ditches, fill in lakes and ponds, and can devastate wildlife and fisheries. We pay for pollution through increased taxes and higher utility rates, and degradation of our natural resources.

This brochure provides advice for landowners working around the home and near streams to protect their land and water quality. It also provides information on laws and permits that work to reduce pollutants entering our streams, particularly sediment, our number one pollutant. This brochure does not cover every detail! Before starting any project that can affect your land, your neighbors land, or streams, contact the appropriate local, state or federal agency listed in the back of this document. They can provide financial and technical assistance for free or at minimum cost.

; Laws and Permits Every landowner should be aware of regulations that govern land disturbing activities and permits before starting work. Failure to follow these laws or obtain permits could lead to delays and enforcement action.

Land Disturbing Laws The North Carolina Sedimentation Pollution Control Act and Haywood County Sediment Control Ordinance require anyone involved in land disturbing activities to prevent soil erosion and sedimentation to waterways and property. Landowners are legally responsible for keeping sediment from leaving a disturbed site. The laws have four provisions that cover (1) creating and submitting Erosion and Sediment Control Plans, (2) standards for a riparian buffer zone, (3) standards for suitable slopes of graded areas, and (4) standards for vegetative cover on disturbed areas. The standards vary according to the size of project and if you are located in a town’s or the county’s jurisdiction, so be sure to contact the right agency to determine which law to follow.

Stewardship Begins in Our Backyards 2

3

Best Management Practices

The Riparian Buffer Two of the most important BMPs are the creation and maintenance of a riparian buffer. A riparian buffer is a strip of natural vegetated land bordering a body of water. A good riparian buffer must have woody vegetation (trees and shrubs) with extensive root systems that hold the soil in place. Mowed grass is not a good riparian buffer. Riparian buffers:

F Stabilize stream banks and prevent property damage;

F Filter nutrients and other pollutants from stormwater;

F Slow floodwaters to reduce erosion and protect property;

F Provide habitat for fish and wildlife;

F Provide leaf litter and woody debris that are the basis of food chains;

F Shade streams to maintain cold temperatures necessary for survival of coldwater species such as trout; and

F Are places to enjoy nature. When working in or near riparian buffers, you should keep runoff from bypassing the buffer, limit tree cutting, and leave stumps of fallen or cut trees. To restore a riparian buffer zone, fast-growing native shrub and tree species are recommended. Although riparian buffers of any width are helpful, wider buffers work better. Typical riparian buffers should range from 25 to 100 feet wide depending on the surrounding land use and topography. Several agencies have regulations for buffer width (refer to contact list), especially if you are near a trout stream. They can also offer suggestions for what trees and shrubs to plant.

Best Management Practices (BMPs) are cost-effective techniques that prevent or reduce soil loss and help conserve our water resources. BMPs have been developed for many land-disturbing activities.

Trees

American holly

Blackgum

Black willow

Box elder

Eastern cottonwood

Green ash

Honeylocust

Ironwood

Pawpaw

Persimmon

Redbud

Red maple

River birch

Silver maple

Sourwood

Sweetgum

Sycamore

Tulip poplar

White ash

Suitable Riparian Buffer Vegetation

A poor riparian buffer

A good riparian buffer

Shrubs Beautyberry Brookside alder Bushy St. Johnswort Buttonbush Carolina willow Elderberry Silky dogwood Silky willow Spicebush Sweet azalea Sweetshrub Witchhazel Ground Covers,Vines Bottlebrush grass Cardinal flower Groundnut Hardhack River oats Sensitive fern Trumpet creeper Virgin’s bower

Virginia creeper

A Landowner’s Guide to Protecting Our Land and Streams

4 Stewardship Begins in Our Backyards

There are valid reasons for landowners to work in streams, such as repairing eroding stream banks. Unfortunately, these activities often result in increased erosion and downstream flooding. To avoid these problems, the following BMPs should be considered:

F Maintain a riparian buffer and keep drainages from bypassing the buffer.

F Do not place buildings or driveways next to streams. Replacing protective vegetation with impervious surfaces increases water runoff and the potential for erosion and flooding, and damage to your structure.

F Keep vehicles and other equipment out of the stream. They can damage stream banks and disturb sediment.

F Use silt fencing when working with soil near streams. Make sure it is properly installed and maintained.

F Do not fill in floodplains or prevent water from entering the flood plain.

F Minimize flooding by maintaining riparian buffers, keeping culverts open, and keeping your stream channel free of downed trees, which can cause the stream channel to change course. However, downed trees and limbs provide important habitat for stream organisms and contributes to overall stream health. It is best to leave woody debris in the stream and within the riparian buffer unless it is contributing to erosion.

F Do not channelize or straighten streams. Water flows much faster through channelized streams, which can result in greater erosion, destruction of wildlife habitat, and flooding in downstream areas.

F Use natural materials such as trees, roots, and rock to divert water away from and stabilize a stream bank. Unnatural solutions such as rock riprap or gabions (wire baskets filled with rock) may control erosion problem but do so at the expense of wildlife habitat and a streams natural beauty.

F Fence livestock out of streams or provide them with only one access point; livestock can severely damage stream banks. A pump, tank, pond or other contained source can provide fresh water away from the stream.

F BMPs should be inspected on a regular basis and after each storm event. If maintenance is required, it should be performed in a timely manner. Lack of maintenance is the most common cause of BMP failure.

Inadequate erosion protection means this site will dump tons of

soil in our streams every year.

Without protection, this stream will soon be eroding this driveway.

BMPs for Work Around the Home Watershed protection begins in our homes. Many of our daily activities can impact stream health. Fortunately, there are many BMPs we can follow to prevent these impacts.

Lawn Care and Landscaping

F Create or maintain a riparian buffer and keep drainages from bypassing the buffer.

F Don’t let soil in your yard wash into a stream. Temporary or permanent vegetation should be planted on all bare soil immediately after any ground disturbing activities. A good root system reinforces the soil and holds it in place. Anchored mulch or erosion control fabrics will provide surface protection until vegetation is established.

By removing all the vegetation under this fence with herbicide, flood waters eventually eroded deep

enough to undermine the posts.

Livestock can devastate stream banks and cause tons of soil to

wash away.

Permits are often required for any work in or around streams. Technical assistance for any of these projects is highly recommended to ensure a successful project and avoid delays and potential enforcement action.

Maintaining a Healthy Stream: BMPs for Stream and Stream Bank Work

5 A Landowner’s Guide to Protecting Our Land and Streams

F Keep hard surfaces, including buildings and driveways, as far from steams as possible. Impervious areas increase water volume and pollutants directly entering streams, and decrease groundwater recharge. Use porous materials instead.

F Follow label recommendations and do not overuse fertilizers. Have your soil tested to determine if fertilizer is even needed. Excess fertilizers in streams can cause nuisance algal blooms, harm wildlife and disrupt recreational use of the stream.

F Follow label recommendations and do not overuse pesticides. They can be washed downstream during rainfall and harm aquatic life. Excessive pesticide use also kills helpful bugs that naturally control pest populations. Use integrated pest management techniques, which include attracting natural pred-ators, varying planting times to avoid infestation, rotating garden crops, selecting plants that are resistant to disease and pests, removing weeds and insects by hand, and applying less toxic pesticides.

Beneficial predators for controlling insect pests

Disposal of Wastes

F Dispose of wastewater in an approved system. Don’t pipe grey water, which may contain soaps or other chemicals, to a stream or into the ground.

F Don’t dump anything down storm drains! They may flow directly into a stream.

F Keep your vehicle free of leaking fluids. Dispose of used oil and other fluids at a recycling center.

F Store pesticides, gasoline, oil, paints, etc. in leak-proof containers and dispose of properly.

F Clean up pet waste so it doesn’t wash into streams. Pet feces are high in nutrients and bacteria..

F Don’t hose down paved surfaces or wash your vehi-cle in the driveway or street. Wash vehicles on grass or other areas that absorb water, or use commercial

car washes that recycle.

F Drain hot tubs and swimming pools into landscaping after letting the chlorine dissipate for one or two weeks. Chlorine and copper-based algaecides are toxic to aquatic organisms and other wildlife.

Septic Systems

F Keep your septic system in proper working order. Failing septic tanks can leak high levels of nutrients and bacteria. Unpleasant odors, soggy soil, liquid waste flow, or excessive grass growth can be signs your system needs service.

F Send all household wastewater to the system. This includes water from a sink, bath, shower, toilet, washing machine, and dishwasher.

F Don’t clog or poison your system. Clogging slows purification and can back sewage up into your home. Poisons kill bacteria that purify sewage. Only use cleansers safe for septic systems.

F Conserve water to avoid overloading the system. Repair leaky faucets and use low-flow fixtures.

F Plant only grass near your system. Roots from trees or shrubs may clog and damage the absorption field.

F Keep roof drains, sump pump drains, and other drainage systems away from flooding absorption fields.

F Use “Clear Water Contractors” if you hire contractors.

Things that commonly clog septic systems

non flush-toilet tissues feminine hygiene products

diapers • cigarette butts food from disposals

grease • oils • cat litter coffee grounds

clothes washer lint non-biodegradable items

Substances that destroy beneficial bacteria

paints • solvents • bleach thinners • disinfectants

anti-bacterial soap drain cleaners • acids fertilizers • pesticides

oils • antifreeze antibiotics• medications hanging toilet cleaners

F Raise your mower blade and mulch clippings to reduce the need for fertilizer. Higher grass retains more water and clippings are high in nitrogen. Never dump grass clippings in streams or down storm drains.

F Make sure rain gutters and drainages do not carry water directly to a stream. Divert stormwater into vegetated areas. Runoff from roofs and pavement carry contaminants that degrade streams. Pipes dumping onto a stream bank cause erosion. Collect rainwater in a cistern or rain barrel for garden and lawn use.

F Avoid watering streets, sidewalks, driveways, or other hard surfaces while watering your lawn.

F Use “Clear Water Contractors” if you hire contractors (www.themayberrygroup.org). They are trained in using the correct BMPs and the laws regulating erosion and sed-imentation

What do you need help with? F Stream or wetland work and permits

F Cost-share information

F Soil and water conservation information

F List of Clear Water Contractors F Section 404 permits

F Placing or extending a culvert in a stream

F Stream bank stabilization

F Moving a stream channel

F Any other stream or wetland work

F Best Management Practices

F Riparian buffer zone requirements

F Stream or wetland work and permits

F Federal cost share programs

F Soil and water conservation information

F List of Clear Water Contractors

F Issues with endangered species

F Best Management Practices

F Disposal of wastes

F Soil testing

F Pesticide training and proper use of home chemicals. F Riparian buffers

F Reporting fish kills, sedimentation, chemical spills, hazards, straight pipes or septic system failures

F Stream or wetland work and permits

F NC Sedimentation Pollution Control Act

F Erosion and Sediment Control Plan (town)

F Riparian buffers

F Conducting a land disturbing activity

TECHNICAL HELP

Federal Contacts Southwestern NC Resource Conservation & Development Council PO Box 1230 Waynesville, NC 28786 Phone: 828-452-2519 www.rcdnet.org/about.php US Army Corps of Engineers - Asheville Field Office 151 Patton Avenue, Room 208 Asheville, N.C. 28801-5006 Phone: 828-271-7980 www.saw.usace.army.mil/wetlands/where/ashville.htm USDA, Natural Resources Conservation Service 589 Raccoon Road Waynesville, NC 28786-3429 Phone: 828-456-6341 www.nc.nrcs.usda.gov US Fish and Wildlife Service 160 Zillicoa Street Asheville, NC 28801 Phone: 828-258-3939 www.fws.gov/nc-es

State Contacts NC Cooperative Extension Service 589 Raccoon Road, Suite 118 Waynesville, NC 28786 Phone: (828) 456-3575 http://haywood.ces.ncsu.edu DENR, Division of Water Quality 2090 US Hwy. 70 Swannanoa, N.C. 28778 Phone: 828-296-4500 (24 hour Hotline 800-858-0368) http://h2o.enr.state.nc.us DENR, Division of Land Resources 2090 US Hwy. 70 Swannanoa, N.C. 28778 Phone: 828-296-4500 www.dlr.enr.state.nc.us To report possible violations of the Sedimentation Pollution Control Act: 866-STOPMUD (786-7683)

Stewardship Begins in Our Backyards 6

More Precious Than Gold...Our Water

State Contacts (continued) DENR, Division of Waste Management Phone: 828-296-4500 www.wastenotnc.org Emergency Response Commission 116 West Jones Street, Raleigh, NC 27699 www.dem.dcc.state.nc.us/sercmenu.htm Emergency Operations Center 800-451-1403 Regional response team 828-252-1110 Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Waynesville, N.C. 28786 Phone: 828-452-0422 www.ncwildlife.org

County Contacts Department of Erosion and Sediment Control Haywood County Annex II 1233 North Main St., Building Box 12 Waynesville, NC 28786 Phone: 828-452-6706 www.haywoodnc.net/ - search “Departments” Environmental Health Office 1233 N. Main St. Box 8 Waynesville, NC 28786 Phone: 828-452-6682 www.haywoodnc.net/ - search “Departments” Haywood Waterways Association PO Box 389 Waynesville, NC 28786 info@haywoodwaterways.org www.haywoodwaterways.org Haywood Soil and Water Conservation District 589 Raccoon Road, Suite 203 Waynesville, NC 28786 Phone: (828) 452-2741 or 5132, Ext. 3 www.haywoodnc.net/ - search “Departments” Solid Waste Management Department 278 Recycle Road Clyde, NC 28721 Phone: 828-627-8042 www.haywoodnc.net/ - search “Departments”

What do you need help with? F Disposal of wastes

F Reporting major oil and chemical spills

F Riparian buffers

F Working in or around trout waters F Haywood County Sediment Control Ordinance

F Erosion and Sediment Control Plan (county)

F Grading permits

F Reporting sediment runoff or erosion

F Conducting a land disturbing activity

F Septic system permits and repairs

F Reporting straight pipes or septic system failures

F Site soil evaluation

F Referrals

F Education programs

F Presentations on water quality issues

F Water quality data

F Pigeon River Watershed Action Plan

F Local and state cost-share programs

F Riparian buffers

F Stream or wetland work and permits

F Soil and water conservation information

F List of Clear Water Contractors

F Disposal of wastes

TECHNICAL HELP

A Landowner’s Guide to Protecting Our Land and Streams 7

More Precious Than Gold...Our Water

While you may have little control over the entire watershed, the actions you take in your backyard will prevent and reduce harmful pollutants entering local waterways. For the benefit of the entire community, it is imperative that we all adopt healthy landowner practices. Two important actions we all should take are to get technical advice and when required a permit from the appropriate agency before beginning any activity that could potentially harm the watershed and its streams. Also, get involved with local organizations dedicated to watershed protection. The Haywood Waterways Association relies heavily on the citizens of Haywood County for volunteer and financial support. Membership in this group continues to grow as the community becomes more aware of the val-uable water resources of the Pigeon River Watershed. If you would like more information, please visit the Haywood Waterways website at www.haywoodwaterways.org. Financial and technical support that made this brochure possible was provided by the Pigeon River Fund, the Tennessee Valley Authority, and the Haywood Waterways Association Technical Advisory Committee.

Stewardship Begins in Our Backyards A Landowner’s Guide to Protecting Our Land and Streams

Additional copies are available from Haywood Waterways Association, Inc.. •

P.O. Box 389, Waynesville, NC 28786; info@haywoodwaterways.org, www.haywoodwaterways.org

• Haywood Waterways Association, Inc. is a 501(c)(3) tax-exempt, non-profit NC corporation.

Thank you for reading this brochure and protecting our land and

water resources. You can make a difference!

We All Benefit