20071134 Ver 1_More Info Received_20000928

RE: 19E moratoria
Subject: RE: 19E moratoria
From: "marla chambers" <[e-mail]>
Date: Fri, 28 Sep 2007 16:05:50 -0400
To: "'Brian Wrenn"' <[e-mail]>
No, those should be named tribs of Middle Fork & therefore we're not
requesting a moratorium for them.
Marla Chambers
Western NCDOT Permit Coordinator
NC Wildlife Resources Commission
12275 Swift Rd.
Oakboro, NC 28129
marla.chambers~~ctc.net
phone (cell): 704-984-1070
-----Original Message-----
From: Brian Wrenn [mailto:brian.wrennc~ncmail.net]
Sent: Wednesday, September 26, 2007 4:59 PM
To: marla chambers
Subject: 19E moratoria
Marla,
I have your Sept. 11 comments on the 19E project. Your comments list no
moratoria for Middle fork Creek and its tribs and a Jan. 1- April 15
trout moratorium for Bald Cr. do you want any for Turkey Br., Polly
Br., Holland cr., or Ivy Gap Branch? Thanks
Brian
marla chambers wrote:
See attached.
Marla Chambers
Western NCDOT Permit Coordinator
NC Wildlife Resources Commission
12275 Swift Rd.
Oakboro, NC 28129
marla.chambersCctc.net
phone (cell): 704-984-1070
1 of 1 10/1/2007 12:52 PM

~ North Carolina Wildlife Resources Commission ~
TO: David Baker, NCDOT Coordinator
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Permit Coordinator ~~"~"` C~a''n~''~-'
Habitat Conservation Program, NCWRC
DATE: September 11, 2007
SUBJECT: Review of NCDOT's application for a Section ,404 Permit and 401 Water Quality
Certification for the proposed improvements to US 19/LTS 19E from future I-26
(existing US 19-23) in Madison County to SR 1186 near Micaville in Yancey
County. Madison and Yancey Counties. TIP No. R-2518A, R-2518B, and R-
2519A.
North Carolina Department of Transportation (NCDOT) has submitted an application to obtain a
Section 404 Individual Permit from the U.S. Army Corps of F,ngineers (USACE) and a 401
Water Quality Certification from the Division of Water Quality (NCDWQ). Staff biologists with
the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the information
provided and have participated in the Merger O1 process by attending field, concurrence and
hydraulics meetings and submitting comments at various steps in the project development
process. These comments are provided in accordance with the provisions of the National
Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The subject project consists of NCDOT's proposal to widen US 19/US 19E from future I-26
(existing US 19-23) in Madison County to SR 1186 near Micaville in Yancey County to a four-
lane divided highway with shoulder section outside the Burnsville Municipal Limits and a curb
and gutter section within Burnsville. This project includes three segments (TIP Nos. R-2518A,
R-2518B, and R-2519A) of a larger widening plan for this roadway that extends at least into
Avery County. The permit application for this 21-mile long project is a "phased application" as
final design plans and impact determinations have only been presented for the western most
section of the project, R-2518A, and preliminary calculations were provided for R-2518B and R-
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

R-2518A & B, R-2519 A - US 19 E 2 September 12, 2007
Madison and Yancey Counties
2519A. It is anticipated that construction will be authorized for the first section initially and
NCDOT will apply for permit modifications for the latter two sections as designs are finalized.
Some portions of the project are on new location to improve alignment. Final permanent impact
calculations for the R-2518A section include 0.42 acres of wetland and 6,591 linear feet of
stream. Preliminary calculations of permanent impacts for all three sections are 0.94 acres of
wetland and 14,766 linear feet of stream.
Waters within the project area are located in the Nolichucky River system of the French Broad
River basin. Streams in the Madison County portion of the project drain to Little Ivy Creek. In
Yancey County, project streams west of Burnsville drain to the Cane River and those east of
Burnsville drain to the South Toe River. All streams within the R-2518A section have a DWQ
stream classification of WS II - HQW (High Quality Waters) except Bald Creek, which is Class
C water. The named streams include Middle Fork Creek, Bailey Branch, Turkey Branch, Polly
Branch,. Holland Creek and Ivy Gap Branch. In the Yancey County portion of the project, the
Cane River has a significant smallmouth bass fishery and is inhabited by the Appalachian elktoe
(Alasmidonta raveneliana), a federal and state Endangered (E) mussel, and the following listed
fish species: striped shiner (Luxilus chrysocephalus), state Threatened (T); olive darter (Percina
squamata), Federal Species of Concern (FSC) and state Special Concern (SC); sharphead darter
(Etheostoma acuticeps), FSC and state T; and stonecat (Noturus flavus), state E. The remaining
perennial streams crossing the project support reproducing trout populations.
The South Toe River, which crosses US 19 E a short distance east of this project (within the R-
2519B section), is designated B Tr ORW (Outstanding Resource Waters). The following
protected species have been found in the South Toe River in the US 19E project area:
Appalachian elktoe, federal and state E; wavy-rayed lampmussel (Lampsilis fasciola), state SC;
blotchside logperch (Percina burtoni), state E; olive darter, FSC and state SC; and hellbender
(Cryptobranchus alleganiensis), FSC and state SC.
We sincerely appreciate the efforts of NCDOT to minimize and mitigate impacts to these
important natural resources throughout the Merger process for this project. Sediment and
erosion control measures will follow the Design Standards in Sensitive Watershed for the entire
project. NCDOT plans to construct a bridge at the Bald Creek crossing, close off deck drains on
the existing bridges, and incorporate a hazardous spill basin at the Cane River bridge. Efforts
were made to provide stormwater treatment and aquatic life passage at stream crossings
wherever feasible in the given terrain.
The "Detail" pages in the plan sheets provided clear, easy to read specifics on constructing
various aspects of the project, including in-stream structures. This should help to ensure that
plans are properly carried out in the field. We recommend that NCDOT review plans for all
culvert installations and extensions to ensure alternating baffles were included where appropriate
to improve aquatic life passage potential, such as at Site 24 in the R-2518A section. This is a site
where baffles were indicated during a hydraulics meeting, but not on the current plans. NCDOT
should also consider using enhanced sediment and erosion control measures due to the sensitive
and high quality nature of the aquatic resources of the project area. NCDOT and NCSU recently
studied such techniques on some mountain road projects with very encouraging results, showing

R-2518A & B, R-2519 A - US 19 E 3 September 12, 2007
Madison and Yancey Counties
a considerable reduction in off-site sedimentation over standard practices. These new techniques
also appear to cost less than the traditional methods.
We also commend NCDOT for their considerable efforts to provide on-site mitigation along the
project corridor and protecting the mitigation sites by including them in the right-of--way.
Approximately 4,341 linear feet (lf) of stream restoration/relocation, 640 if of stream
enhancement and 15,335 if of stream preservation are proposed for R-2518A. An additiona1279
if of stream restoration and 5,131 if of stream enhancement are proposed for R-2518B. No on-
site mitigation is proposed for R-2519A, only stream relocations.
The Merger Team previously discussed supporting better mitigation credit ratios for the
preservation component in order to encourage protection of these important natural resources,
fish and wildlife habitat, and water quality from future impacts and development. NCDOT
proposed a 3:1 credit ratio in the permit application cover letter, as opposed to the typical 5:1
ratio. Table 6 listed a buffer width, but no details as to the width on each side of the stream, how
much of the site failed to meet buffer requirements, or why buffer requirements were not met.
The stream mitigation plan for R-2518A indicated "narrow" buffers on many of the preservation
sites, and no buffer at one site. These sites, their boundaries, and buffers were not clearly
indicated on the plan sheets or any map. It appears additional details are needed to determine
appropriate mitigation credit ratios.
During project field meetings, several locations were noted to have Japanese knotweed, an
invasive plant of serious concern. Surveys should be conducted and any Japanese knotweed
found within construction limits for the project or mitigation sites should be eradicated using
proper techniques. Procedures should be developed for treatment and handling of the plant
material and soils to prevent the spread of the plant and ensure eradication so that the mitigation
sites and habitat along the project corridor are not diminished.
Our recommendations for work moratoria on this project and the section immediately east (R-
2519B) have been provided to NCDOT and appropriate Team members previously. The most
recent letter, dated July 19, 2007, indicated no work moratorium for Middle Fork Creek or its
unnamed tributaries. An in-water work moratorium from April 1 to June 30 will apply to Cane
River and South Toe River to protect federal and state listed species, including the federally
Endangered Appalachian elktoe. Smallmouth bass, an important game fish, will also receive
some reproduction protection with this moratorium. The remaining perennial streams will need
to adhere to a trout moratorium prohibiting in-stream work and land disturbance within the 25-
foot trout buffer from October 15 to April 15 for streams containing brook or brown trout or
from January 1 to April 15 for streams in which the only trout species occurring is rainbow trout.
Current data lead us to recommend the October 15 to April 15 trout moratorium for Big Crabtree
Creek and the January 1 to April 15 trout moratorium for California Creek, Bald Creek, Little
Crabtree Creek, Prices Creek, Brushy Creek, and Long Branch. Unnamed tributaries should use
the moratorium appropriate for the named stream they flow to, unless survey data indicate
otherwise.
We are concerned about cumulative and secondary impacts to the valuable and sensitive natural
resources in the project vicinity as a result of this project. The US 19/19E widening project will

R-2518A & B, R-2519 A - US 19 E 4 September 12, 2007
Madison and Yancey Counties
be the only four-lane road in Yancey and Mitchell Counties and is situated between Asheville
and Boone. This and other projects in the area will improve regional accessibility throughout
this part of western North Carolina. The area is becoming an important tourist destination,
largely due to the scenic beauty and nature-based recreational opportunities, such as fishing,
hiking, canoeing and site-seeing. Any induced growth has the potential to degrade water quality,
scenic views, and recreational amenities, and the potential increases when development controls
are not in place. Local communities have a desire to grow the manufacturing employment base
and this project may influence intraregional land development location decisions.
NCDOT will provide partial control of access for the project, limiting the number of access
points connecting to the highway. They also propose to place on-site mitigation sites in the
right-of--way, effectively controlling access in these areas and protecting the sites from direct
impacts from future development. We applaud these commitments! Local authorities, however,
must provide appropriate protection for the remaining developable land in the project vicinity,
not just the highway corridor, in order to protect the valuable natural resources that are key to the
tourism that is vital to the area's economy. Strong stormwater management requirements, limits
on impervious area, and protection of natural buffers along waterways are important measures to
preserve the water quality, fish and wildlife habitats, and scenic beauty. Other measures to
mitigate secondary and cumulative impacts can be found in the Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife
Resources and Water Quality (NCWRC 2002). We urge local authorities and NCDOT to adopt
many of these measures and to use low impact development techniques (see
u~~w.lowimpactdevelopment.org for information) to manage stormwater quantity and quality in
developing areas. Additional information can be found at ivww.l~cstorn~water.or~.
In addition, we can concur with the permit issuance if the following conditions are implemented:
1. Sediment and erosion control measures shall adhere to the Design Standards for Sensitive
Watersheds and be strictly maintained until project completion to avoid impacts to
downstream aquatic resources.
2. Temporary or permanent herbaceous vegetation should be planted on all bare soil as soon
as possible, but within 21 calendar days of temporary or permanent grade establishment,
to provide long-term erosion control.
3. Tall fescue should not be used in riparian areas. We encourage NCDOT to utilize onsite
vegetation and materials for streambank stabilization when practicable. Erosion control
matting should be used in riparian areas and steep slopes, instead of straw mulch, and
well anchored with 12" staples, wooden survey stakes or live stakes.
4. The natural dimension, pattern, and profile of the streams above and below the culverts
should not be modified by widening the stream channel or changing the depth of the
stream.
5. Culverts that are less than 48-inch diameter should have the floor of the barrel installed
20% of the diameter of the culvert below the level of the stream bottom, as appropriate.

R-2518A & B, R-2519 A - US 19 E
Madison and Yancey Counties
September 12, 2007
Culverts that are 48-inch diameter or larger should be placed with the floor of the barrel
approximately 12 inches below the stream bottom to allow natural stream bottom
materials to become established in the culvert following installation and to provide
aquatic life passage during periods of low flow. This may require increasing the size of
the culvert to meet flow conveyance requirements. These measurements must be based
on natural thalweg depths. Any perched outlets should be corrected during construction,
as appropriate.
6. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs
should be planted along the stream banks to reestablish the riparian zone and to provide
long-term erosion control.
7. Grading and backfilling should be minimized, and tree and shrub growth should be
retained, if possible. Backfill materials should be obtained from upland sites.
Rip rap should be minimized. Rip rap placed for bank stabilization should be limited to
the stream bank below the high water mark, and vegetation should be used for
stabilization above the high water elevation.
9. Excavation of the stream crossings should be conducted in the dry, if possible. Sandbags,
cofferdams, flexible pipe, or other diversion structures should be used to minimize
excavation in flowing water.
10. Rock check dams at culvert outlets should be removed at project completion. These
structures could impede movement of aquatic life.
11. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into streams whenever possible.
12. If concrete will be used during construction, work must be accomplished so that wet
(uncured) concrete does not contact surface waters. This will lessen the chance of
altering the water chemistry and causing a fish kill.
13. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited.
14. Heavy equipment should be operated from the bank rather than in the stream channel
whenever possible in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the stream. 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.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at [phone].

R-2518A & B, R-2519 A - US 19 E
Madison and Yancey Counties
Literature Cited:
September 12, 2007
NCWRC (North Carolina Wildlife Resources Commission). 2002. Guidance Memorandum to
Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial
Wildlife Resources and Water Quality. NCWRC, Raleigh. Available:
http:~';%~~~~~-w.ncwild ife.org/pg07_WildlifeSpeciesCot~/pg7c3_impacts.pdf. (February
2003).
cc: David Baker, USACE
Brian Wrenn, NCDWQ
Marella Buncick, USFWS
Christopher Militscher, USEPA