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HomeMy WebLinkAbout20130063 Ver 1_Application_20130328tl�zl North Carolina Wildlife Resources Commission 9 Gordon Mvers, Executive Director TO: Monte Matthews, Regulatory Project Manager Raleigh Regulatory Field Office, USACE FROM: Marla Chambers, Western NCDOT Permit Coordinator` Habitat Conservation Program, NCWRC DATE: March 15, 2013 SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to improve SR 1111 (Big Flatts Church 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 (USAGE) and a 401 Water Quality Certification from the NC Division of Water Quality (NCDWQ). 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 Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 -667d) and the Clean Water Act of 1977 (33 U.S.C. 466 et seq.). The NCDOT proposes to replace and extend a pipe culvert on SR 1111 (Big Flatts Church Road). The project will impact an unnamed tributary to Mill Creels (Class C, Trout +), which flows to South Fork New River (WS V, HQW). A number of State listed species inhabit the river in this area. Mill Creek supports wild trout; however, we do not expect reproducing trout to be in the project unnamed tributary. We are not requesting a trout moratorium, but sediment and erosion control measures should adhere to the Design Standards in Sensitive Watersheds to protect downstream sensitive resources. NCWRC can concur with the issuance of Section 404 and 401 permits provided that the following conditions are implemented: Sediment and erosion control measures shall adhere to the Design Standards in Sensitive Watersheds and be strictly maintained until project completion. Mailing Address: Division of Inland Fisheries • 1721 Mail SeivIce Center • Raleigh NC 27699 -1721 Telephone: (919) 707 -0020 • Fax: (919) 707 -0028 SR 1111 (Big Flatts Church Road) UT to Mill Creek, Ashe Co. 2 March 15, 2013 2. 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. 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. 4. Stormwater should be directed to buffer areas or retention basins and should not be routed directly into the waterway. 5. The natural dimension, pattern, and profile of the waterways above and below the crossings should not be modified by widening the channel or changing the depth of the waterway. 6. 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. 7. 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. Backfill materials should be obtained from upland sites. 8. 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. 9. If concrete will be used during constriction, 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. 10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is strictly prohibited. 11. 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 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 (704) 485 -8291. cc: Amy Euliss, NCDWQ Heath Slaughter, NCDOT