20140132 Ver 1_Mitigation Information_20140313

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh NC 27699-1721
Telephone: [phone] · Fax: [phone]

TO: Andy Williams, NCDOT Coordinator
Raleigh Regulatory Field Office, USACE

FROM: Marla Chambers, Western NCDOT Coordinator
Habitat Conservation Program, NCWRC

DATE: March 13, 2014

SUBJECT: Review of NCDOT’s application for Section 404 and 401 permits to impact
Evans Branch and one of its unnamed tributaries as part of their project to
improve SR 1151 (Cheek Mountain 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 (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-1through 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 and extend two pipe culvert crossings of SR 1151 (Cheek
Mountain Road), one carrying Evans Branch (Class C; Trout waters) and the other carrying one
if its unnamed tributaries, as part of the road paving project. The project will permanently
impact 38 linear feet (lf) of stream for pipe extension and 20 lf for riprap stabilization.
Temporarily impacts total 80 lf for dewatering the work areas.

Fish samples this week by NCWRC biologists revealed Brook, Brown and Rainbow Trout
present in Evans Branch, and included Brook Trout at the culvert crossing at station 90+94. We
appreciate NCDOT’s plans to correct the perched pipe at this location and to avoid impacts to the
wetlands present at the crossings. We do not object to the proposed plans for the other pipe
crossing. 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.
SR 1151, Cheek Mountain Road
Evans Branch & UT, Alleghany Co. 2 March 13, 2014

NCWRC can concur with the issuance of the Section 404 and 401 permits provided that the
following conditions are implemented:

1. 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. Backfill materials should be obtained from upland sites.

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.

11. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is prohibited.
SR 1151, Cheek Mountain Road
Evans Branch & UT, Alleghany Co. 3 March 13, 2014

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
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 [phone].

cc: Amy Chapman, NCDWR
Heath Slaughter, NCDOT