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HomeMy WebLinkAbout20150921 Ver 1_NCWRC Comments_20150928� North Carolina Wildlife Resources Commission � Gordon Myers, Executive Director TO: Steve Kichefski, NCDOT Regulatory Project Manager Asheville Regulatory Field Office, USACE FROM: Marla Chambers, Western NCDOT Coordinator ��"��` ����"z��'� Habitat Conservation Program, NCWRC DATE: September 28, 2015 SUBJECT: Review of NCDOT's permit application for Section 404 and 401 permits to replace Bridge No. 263 over Rich Hill Creek on SR 1317 (Rich Hill Road), Ashe County, North Carolina. The North Carolina Department of Transportation (NCDOT) has submitted an application to obtain a Section 404 Permit from the U.S. Army Corps of Engineers (USACE) and a 401 Water Quality Certification from the NC Division of Water Resources (NCDWR). Staff biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the information provided. These comments are provided in accordance with the provisions of the state and federal Environmental Policy Acts (G.S. 113A-lthrough 113-10; 1 NCAC 25 and 42 U.S.C. 4332(2)(c), respectively), 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), as applicable. The NCDOT proposes to replace Bridge No. 263 over Rich Hill Creek on SR 1317 (Rich Hill Road) with a 21' W x 6' H x 88' L aluminum box culvert on a 1.2 % slope. Three baffles will be used in the culvert to maintain channel width. Permanent stream impacts include 88 linear feet (1� for the culvert and 35 lf for riprap stabilization. Temporary impacts tota1491f for dewatering. Rich Hill Creek supports Brown Trout, therefore a moratorium prohibiting in- stream work and land disturbance within the 25-foot trout buffer should apply from October 15 to April 15 to protect the egg and fry stages of trout. Sediment and erosion control should adhere to the Design Standards in Sensitive Watersheds. NCWRC does not object to the issuance of Section 404 and 401 permits provided that the following conditions are implemented: Mailing Address: N.C. Wildlife Resources Commission • 1701 Mail Service Center • Raleigh NC 27699-1701 Telephone: (919) 707-0010 Bridge 263, SR 1317 (Rich Hill Rd.) Rich Hill Creek, Ashe Co. September 28, 2015 In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout. 2. Sediment and erosion control measures shall adhere to the Design Standards in Sensitive Watersheds and be strictly maintained until project completion. 3. Herbaceous vegetation shall be planted on all bare soil as soon as possible following the completion of permanent or temporary ground disturbing activities to provide appropriate long-term erosion control. 4. Tall fescue and straw mulch shall not be used in riparian areas. We encourage NCDOT to utilize onsite vegetation and materials for bank stabilization when practicable. Erosion control matting shall be used on steep slopes and for establishing permanent vegetation in riparian areas. The matting shall be well anchored with staples or wooden stakes and, whenever possible, include live stakes of native trees. Matting in riparian areas should not contain plastic mesh, which can entangle and trap small animals. 5. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into the waterway. 6. The natural dimension, pattern, and profile of the waterway above and below the crossing should not be modified by widening the channel or changing the depth of the waterway. 7. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs should be planted along the banks, as appropriate to the setting, to reestablish the riparian zone and to provide long-term erosion control. 8. Grading and backfilling should be minimized, and tree and shrub growth should be retained, if possible, to ensure long term availability of shoreline cover for fish and wildlife. 9. Where practicable, riprap placed for bank stabilization should be limited to the banks below the high water mark, and vegetation should be used for stabilization above the high water elevation. 10. 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. 1 l. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 12. Heavy equipment should be operated from the bank rather than in the channel whenever possible in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the waterway. All mechanized equipment operated near surface Bridge 263, SR 1317 (Rich Hill Rd.) Rich Hill Creek, Ashe Co. 3 September 28, 2015 waters should be inspected and maintained regularly to prevent contamination of surface 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 marla.chambers(a�ncwildlife.org or (704) 982- 9181. cc: Amy Chapman, NCDWR Dave Wanucha, NCDWR Heath Slaughter, NCDOT