20130925 Ver 1_Other Agency Comments_20130930

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: Lori Beckwith, NCDOT Regulatory Project Manager
Asheville Regulatory Field Office, USACE

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

DATE: September 30, 2013

SUBJECT: Review of NCDOT’s application for Section 404 and 401 permits to replace
Bridge No. 291 over Singecat Branch on SR 1438, McDowell 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 National
Environmental Policy Act (42 U.S.C. 4332(2)(c)), 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 Bridge No. 291 over Singecat Branch on SR 1438 with a 10’ x
5’ x 21’ box culvert. Permanent stream impacts total 51 linear feet (lf), 21 lf for the culvert and
30 lf for stream bank restoration. Temporary impacts total 30 lf for dewatering. Singecat
Branch (Class WS-II, B, HQW) supports Rainbow Trout in the project area. A moratorium
prohibiting in-stream work and land disturbance within the 25-foot trout buffer should apply
from January 1 to April 15 to protect the egg and fry stages of the trout. We also recommend the
use of NCDOT’s sediment and erosion control measures that include coir fiber logs, straw
wattles, and PAM (optional), if practicable, to meet the Design Standards in Sensitive
Watersheds.

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

Bridge No. 291, SR 1438
Singecat Branch, McDowell Co. 2 September 30, 2013

1. In-stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of January 1 through April 15 to protect the egg and
fry stages of Rainbow 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. When 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.

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 No. 291, SR 1438
Singecat Branch, McDowell Co. 3 September 30, 2013

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, NCDWQ
Roger Bryan, NCDOT