20091204 Ver 1_Application_20100305

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION s,
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
GOVERNOR SECRETARY
February 22, 2010
U. S. Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
ATTN: Ms. Liz Hair
NCDOT Coordinator
0°(- (Z-o`-?
Subject: Withdrawal of Application for Section 404 Nationwide Permit 23 and
Section 401 Water Quality Certification for the proposed replacement of
Bridge No. 145 over Wiley Branch Creek on SR 1121 (Cabarrus Station
Road) in Cabarrus County, Federal Aid Project No. BRZ-1121(8); Division
10; WBS Element 33414.1.1; TIP No. B-4048.
Reference: November 5, 2009 Application for Section 404 Nationwide Permit 23 and
Section 401 Water Quality Certification
December 4, 2009 On Hold Letter NCDWQ #09-1204
Dear Madam:
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No.
145 over Wiley Branch Creek on SR 1121. The NCDOT submitted a permit application
dated November 5, 2009 which stated that there would be 238 permanent stream impacts
due to the installation of a culvert.
The Division of Water Quality issued an On Hold Letter dated December 4, 2009 while the
DOT investigated a bottomless culvert. The DOT has determined that a bottomless culvert
design is appropriate for this project. Due to design revisions, the Nationwide Permit 23 and
Water Quality Certification are no longer required. NCDOT hereby requests the previous
application and On Hold Letter to be withdrawn.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] ATLANTIC AVENUE
PROJECT DEVELOPMENT ANO ENVIRONMENTAL ANALYSIS SUITE 116
1598 MAIL SERVICE CENTER WEEISITE.' WKW..NCDOT.ORG RALEIGH NC 27604
RALEIGH NC 27699-1598
If you have any questions or need additional information, please e-mail Jennifer Harrod at
[e-mail].
Sincerely, ?
?cv Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
W/attachment:
Mr. Brian Wrenn, NCDWQ (2 Copies)
Ms. Marella Buncick, USFWS
Ms. Marla Chambers, NCWRC
W/o attachment (see website for attachments):
Dr. David Chang, P.E., Hydraulics
Mr. Greg Perfetti, P.E., Structure Design
Mr. Victor Barbour, P.E., Project Services Unit
Mr. Mark Staley, Roadside Environmental
Mr. Barry Moose, P.E., Division 10 Engineer
Mr. LarryThompson, Division 10 Environmental Officer
Mr. Jay Bennett, P.E., Roadway Design
Mr. Majed Alghandour, P. E., Programming and TIP
Mr. Art McMillan, P.E., Highway Design
Mr. Scott McLendon, USACE, Wilmington
Ms. Natalie Lockhart, Project Planning Engineer
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NCDENR
North Carolina Department of Environment and Natural Resource i
Division of Water Duality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director )ill'? Dee Freeman
Secretary
209 L ? i
November 18, 2009 '? ; .? ?.;+ ! hI OV 23
Gregory J. Thorpe, Ph.D., Manager V c, =!:1 u!,JA! r1 Y ercrlo d
r!n c, I w
Project Development and Environmental Analysis Branch
NC Department of Transportation ! w
1548 Mail Service Center
Raleigh, NC 27699-1548
Subject: Proposed Relocation of US 74 from US 129 in Robbinsville to NC 28 in Stecoah,
Graham County, TIP Project No. A-9 B and C.
Dear Dr. Thorpe:
On October 29, 2009, NCDWQ attended a public hearing in Robbinsville for the referenced project.. The:
hearing included explanations of the corridor alternatives, design, and right-of-way and relocation .
requirements and procedures for NCDOT's proposed new location four-lane divided facility.. The hearing
also provided an opportunity for the general public to provide comments and ask questions.: .
f
The overwhelming majority of participants in the public hearing were opposed to the project as currently
proposed. The main reasons for.the opposition are summarized below:
• Significant impacts to Stecoah community.
• No clear need for the road/purpose and need outdated.
• Alternatives would ruin the natural beauty of the valley.
• Bypass will hurt economy of downtown Robbinsville.
• Current alternatives are overtly expensive.
• Economic development will not be realized by Graham Co.
• Significant sociological impacts of the project.
• Major geological hazards - slope failure and acid rock.
• Significant damage would occur to archaeological sites, specifically Cherokee Indian and white
settlers homesteads in the Stecoah gap area.
• Impacts to viewshed of Appalachian Trail.
Several commenters recommended that NCDOT investigate an alternative that uses the existing US 143
and NC 28 corridors.
Based on the comments from the public hearing, the intense proposed environmental impacts, extreme
costs of the proposed alternatives, and concerns regarding the purpose and need of the project, NCDWQ
strongly believes that NCDOT should investigate other alternatives for the A-9 B and C project.
Specifically, NCDOT should give-full consideration to widening the existing US 143 and NC 28
corridors. Investigation of other alternatives in response to the concerns listed above will be necessary to
meet the requirements of the "no practical alternatives" analysis mandated by 15A NCAC 0211.0506(f).
Furthermore, NCDWQ continues to have concerns regarding the feasibility of the mitigation plan and the
waste disposal plan detailed in the June 2008 Draft Supplemental Environmental Impact Statement.
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
loralion: 2321 Crabtree Blvd., Ralegh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hftp:llh2o.enr.stale.nc.uslncwellands/
One
No hCarolina
Naturally
An Equal Opponunilyl ANnmaUve Aclion Employer
Page 2 of 2
November 18, 2009
If you have any questions regarding this letter, please contact me at 919-733-5715 or
bri an. wremi(a ncdenr. eov.
Sincerely,
6-/?
Brian L. Wrenn
Cc: David Baker, US Army Corps of Engineers, Asheville Field Office
Matt Matthews, NCDWQ, Surface Water Protection Section, Section Chief
Mike Parker, NCDWQ, Asheville Regional Office
Chris Militscher, USEPA
Marla Chambers, NCWRC
Marella Buncick, USFWS
Donnie Brew, FHWA
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Monte Matthews, USACOE
Raleigh Regulatory Field Office
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: March 3, 2010
SUBJECT: SRI 116, Watauga River Road, River Bank and Roadway Erosion and Emergency Repair,
Watauga River (Class B, Trout, HQW), Watauga County
North Carolina Department of Transportation (NCDOT) is requesting an after-the-fact permit for the emergency
road work referenced. Biologists with the North Carolina Wildlife Resources Commission are familiar with habitat
values in the area. These comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act (48 Star. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act
(G.S. 113A-1 through 113A-10; NCAC 25).
According to the application, the NCDOT has reestablished (impact length not specified) the roadway after the river
flooded and caused erosion. The application indicates that ongoing sedimentation is occurring so NCDOT desires to
armor 250 linear feet of river bank. A site visit was conducted by this office on March 2, 2010. The river has
diminished riparian buffers. Some biologists with this agency believe the river has widened and become shallower
in recent years. Aquatic habitat structure was not optimal, which is probably due to historical agricultural and
anthropogenic impacts. Smallmouth bass, Rock bass, Redbreast sunfish and some Brown trout are known from
these river waters.
Based on our review of the application and our knowledge of area habitats, we are concerned about ongoing and
cumulative impacts to this riverine ecosystem. Accordingly, we recommend that state-of-the-art natural channel
design techniques like boulder weirs and root wads be used instead of hard armoring. Provision of deep-rooted
native plant buffer zones should enhance stability. Sediment and erosion control measures should adhere to
standards for sensitive watersheds (15A NCAC 4B .0024), including trout waivers if appropriate.
Thank you for the opportunity to review and comment on this project during the early planning stages. If you have
any questions regarding these comments, please contact me at 336-769-9453.
E-copy: Amy Euliss, DWQ-WSRO
Heath Slaughter, NCDOT
Becky Fox, USEPA
Marla Chambers, NC W RC
Marella Buncick, USFWS
Sonia G. Carrillo, DWQ-Raleigh
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
® North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO: Monte Matthews, USACOE (Corps)
Raleigh Regulatory Field Office
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: March 3, 2010
SUBJECT: SRI 100, Railroad Grade Road, River Bank & Roadway Erosion, Emergency Work
Project, South Fork New River (Class C-HQW), Ashe County
North Carolina Department of Transportation (NCDOT) is requesting an after-the-fact permit for
emergency repairs to the referenced roadway and river bank. Biologists with the North Carolina Wildlife
Resources Commission are familiar with habitat values in the area. These comments are provided in
accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d), the Clean Water Act (CWA) of 1977 and the North Carolina Environmental Policy Act
(G.S. 113A-I through 113A-10; NCAC 25).
The NCDOT project is indicated to have impacted about 80 linear feet of river bank with emergency fill
to re-establish the washed out roadway. The river bank and the roadway were re-established using large
quarry rocks (hard armoring). The NCDOT indicates that this emergency armoring was necessary to
expedite re-opening the road and preventing further erosion and sedimentation issues. NCDOT should be
applauded for their extraordinary efforts to reopen this roadway during very cold and wet conditions.
The NCDOT emergency repair is directly across from the "Ibdd Island Park" which may have used Land
& Water Conservation Funds (public monies) to purchase and install the wooden pedestrian bridge over
the river. The site was just downstream of another recently Corps permitted bank stabilization (Pozzi). It
is our understanding that the South Fork New River is a federally established American Heritage River.
A site visit was conducted on March 2, 2010. During the site visit, snow accumulation precluded safely
accessing the river's edge and prevented clear viewing the water's edge. However, snows did not prevent
observance of steep river banks in the vicinity. It appears that portions of roughly 350-400 linear feet of
this reach of the river and the roadway may be subject to future failures. It should be noted that the island
across from this reach as well as the area around the emergency repair appears to be experiencing erosion
and undercutting. Island issues may be associated with shoreline berming, reduced floodplain access for
floodwaters, and diminished riparian vegetation. Elsewhere along the river, undercutting and eroding
banks may be caused by lack of root mass, exasperated storm surges (upstream development and
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
NCDOT, SRI 100, SFNR, Emergency Work Page 2 March 3, 2010
channelization?), or other physical influences such as armoring that forcefully alter stream and riverine
flows.
We commented on the Pozzi river bank stabilization project (August 19, 2009). This site is above the
NCDOT emergency work. Our recommendations for the Pozzi project included the following:
This section of river is used extensively by self-propelled individual water craft [and anglers]. This segment of
the river is classified as C-High Quality Waters by the NC Division of Water Quality. Portions of the New
River are designated as National Scenic River and the river and the island in this area are used extensively for
public recreation.
For this [Pozzi] stabilization project, natural channel design methodologies are indicated for the in channel
structures; however, extensive hard linear shoreline structures are [also] indicated. Some in channel work will
be necessaryfor the rock weirs.
Projects in Ashe County, especially within the New River, have the potential to impact listed species such as the
Green floater (Lasmigona subviridis, NCE. FS C); Kanawha minnow Phenacobius terettdus, A'CSC. I
Tonguetied minnow (Exoglossum laurae, NCSR ; Kanawha darter (Etheostoma kanawhae, A'C''SR ; loeperch.
(Percina caorodes NCT 7 seen nnudolia. (Leptoxis dilauua ACT: shaupno.se starter (Percina oxrrhvnchus
NCSC ,;purple warmback (Cvclonaias nuberculata NCSC spike (Ellipiio dilatata A;CSC I and species on the
NC watch list: Appalachia darter (Percina gvmnocephala); New River crayfish (Cambarus chasmodactylus);
and a crayfish with no common name (Orconectes cristavarius). Brown trout and Smallmouth bass are sports
fish known from the New River.
Based on the information provided by the applicant and our knowledge of the project area, we will not object to
the project providing the following recommendations are implemented to the maximum extent practicable:
The installation of rock vanes should be designed and installed using the most current state-of-the-art
natural channel design methodologies with as little hard stabilization as possible. In essence, project
methodology and bank stabilization should depend on the correct placement of "bioengineering"
methods like boulder j-hooks and/or weirs instead of hard shoreline stabilization. Softer. natural
channel methodologies can improve bank aggradation without extensive hardening, allow normal
bedload transport, maintain a more natural appearance, and reduce the potential of secondary
destabilization to river banks downstream or near the work site. If extensive hardening is allowed on
this bank, regulatory agencies should consider requiring additional j-hooks and rock weirs on the far
bank(s) and potentially further downstream. In addition, a monitoring (photographs) requirement on
both sides of this channel for several intense storm events or for a specified period may be
appropriate.
2. The existing eroding bank should be sloped back to create a gentler slope (increases floodplain
capacih) in combination with havered rock vanes ondlor weirs. The height and length of any hard
linear stabilization should be reduced to the maximum extent practicable as hard stabilization could
negatively affect the island park.
3. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds
(15A NCAC 4B .0024). Natural fiber matting is recommended over plastic matting that can impinge
and entrap small animals.
4. Equipment used in the river should either be low hoar or new equipment that is clean and well
maintained Petroleum spill containment equipment/materials should be readily available at the site
throughout construction.
5. A minimum 25 foot (preferably more) undisturbed deep rooted forested buffer should be re-established
V and permanently preserved through an enforceable conservation easement or deed restriction.
NCDOT, SRI 100, SFNR, Emergency Work Page 3 March 3, 2010
6 Restored river banks should be planted with autochthonous (native) plants like silky dogwood,
rhododendron, dog hobble, mountain pepperbush, paw paw, red maple, silky willow, tag alder, black
willow, sycamore, river birch, or other native woody species.
The Pozzi stabilization project was accomplished using large boulder and state-of-the-art natural channel
design methodologies with some additional large boulder placement below and along the normal water's
edge. During the same recent flooding and icing events that eroded the road, the Pozzi stabilization
remained in place although recently planted woody vegetation was removed by ice and water action.
It has been our experience that emergency work projects that do not incorporate natural channel design
methodologies are subject to unraveling and/or causing ancillary problems, usually downstream. When
this occurs, additional efforts and expenditures become necessary. Accordingly, completing stabilizations
using best available techniques is the best option. Based on our review of the NCDOT application and
our knowledge of the project area, we offer the following non-prioritized recommendations for NCDOT,
the Corp, and NC Division of Water Quality to consider for post emergency work:
I. The recommendations and conditions recommended and used for the Pozzi project are
recommended for completing the NCDOT project.
2. If the concerns about the susceptibility of ancillary riverine segments is correct, NCDOT
should evaluate state-of-the-art natural channel designs for the reach along Railroad Grade
Road beginning at the bridge to a point approximately 100 feet above the unnamed tributary
(near upper end of emergency work). It appears that the length of this questionable reach is
roughly 350-400 feet. Installing boulder j-hooks, w-weirs, root wads, or similar devices
should improve bank stability, improve aquatic habitats and help prevent future bank and
roadway failures. Coordination with the National Committee for the New River and the Todd
Island Park owners may enhance the project if cooperative and supportive actions are
forthcoming. Cooperation can provide benefits to the river, the island and the roadway.
3. Due to the extensive recreational use of the river and the aesthetic impacts of the emergency
repair, NCDOT should add topsoil (cover) over the quarry rocks. Replanting the area using
autochthonous (native) riparian plants and natural fiber matting is urged as deep-rooted
woody vegetation can enhance stability and aquatic/terrestrial habitat values.
If possible, consideration should be given to sharing CWA permit notifications for this river basin with
the National Committee for the New River. The result of coordinating with an organization directly
concerned with protecting the New River and its sub basins could benefit natural resource and CWA
regulatory agencies in accomplishing the objectives of the CWA, which is to "restore and maintain the
chemical physical, and integrity of the Nation's waters."
Thank you for the opportunity to review and comment on this project during the early planning stages. If
you have any questions regarding these comments, please contact me at 336-769-9453.
E-copy: Sue Homewood, Amy EUIiss, DWQ-WSRO
Heath Slaughter, NCDOT
Becky Fox, USEPA
Marla Chambers, NC W RC
Marella Buncick, USFWS
Sonia G. Carrillo, DWQ-Raleigh
George Santucci, Lynn Caldwell, NCNR
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