20130165 Ver 1_WRC Comments_20130429

9 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: April 26, 2013
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to improve SR
1310 (Deacon Road), Alleghany 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 six pipes carrying unnamed tributaries (UT's) to the
New River and install gabion walls along 190 feet of stream during the paving and road
improvement project on SR 1310 (Deacon Road). The project will permanently impact five
UT's to the New River and two wetlands for a total of 360 linear feet of stream and 0.065 acres
of wetlands. One of the wetlands was impacted due to one of the road realignments that
decreased the sharpness of the curve, which leads us to question the avoidance and minimization.
The south end of the project is just upstream of the New River (classified C, ORW) which
supports a number of State listed aquatic species and Federal Species of Concern in the area.
Significant Natural Heritage Areas and the New River State Park are situated along the New
River in the area. We do not expect reproducing trout to be in the project area or immediately
downstream and 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 and water quality.
Mailing Address: Division of Inland Fisheries • 1721 Mail SeivIce Center • Raleigh NC 27699 -1721
Telephone: [phone] • Fax: [phone]

SR 1310 (Deacon Road)
UT's to New River, Alleghany Co.
April 26, 2013
NCWRC has concerns about using gabion walls, which can fail over time, and armors the stream
bank, that can cause destabilization up and downstream of the armoring. They also remove the
natural riparian conditions that provide shading, wildlife habitat, energy input and more.
However, we will not object to 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.
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

SR 1310 (Deacon Road)
UT's to New River, Alleghany Co. 3 April 26, 2013
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