20150919 Ver 1_NCWRC Comments_20150928

� North Carolina Wildlife Resources Commission �
Gordon Myers, Executive Director
TO: Steve Kichefski, NCDOT Regulatory Project Manager
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Coordinator ��"��` ����"z��'�
Habitat Conservation Program, NCWRC
DATE: September 28, 2015
SUBJECT: Review of NCDOT's permit application for Section 404 and 401 permits to
replace Bridge No. 264 over Rich Hill Creek on SR 1317 (Rich Hill 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 (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-lthrough 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 Bridge No. 264 over Rich Hill Creek on SR 1317 (Rich Hill
Road) with an 18' W x 4' H x 60' L aluminum box culvert on a 1.8 % slope. Three baffles will
be used in the culvert to maintain channel width. Permanent stream impacts tota160 linear feet
(1� for the culvert and temporary impacts tota138 lf for dewatering. Rich Hill Creek supports
Brown Trout, therefore 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 fiy stages of
trout. Sediment and erosion control should adhere to the Design Standards in Sensitive
Watersheds. Measures should be taken to avoid potential impacts to the federally listed Northern
Long-eared Bat, in consultation with the USFWS.
NCWRC does not object to the issuance of Section 404 and 401 permits provided that the
following conditions are implemented:
Mailing Address: N.C. Wildlife Resources Commission • 1701 Mail Service Center • Raleigh NC 27699-1701
Telephone: [phone]

SR 1317 (Rich Hill Rd.)
Rich Hill Creek, Ashe Co.
September 28, 2015
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
fiy 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.
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.
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

SR 1317 (Rich Hill Rd.)
Rich Hill Creek, Ashe Co. 3 September 28, 2015
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 marla.chambers(c�r�,ncwildlife.org or (704) 982-
9181.
cc: Amy Chapman, NCDWR
Dave Wanucha, NCDWR
Heath Slaughter, NCDOT