20160136 Ver 1_NCWRC Comments_20160412

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

April 11, 2016

M E M O R A N D U M

TO:
Steve Kichefski, NCDOT Regulatory Project Manager
Asheville Regulatory Field Office, USACE

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

SUBJECT:
Review of NCDOT’s application for Section 404 and 401 permits to replace
Bridge No. 55 over Lance Creek on SR 1557 (Shulls Mill Road), Watauga
County, North Carolina. TIP No. B-5118.

The North Carolina Department of Transportation has submitted an application to obtain a
Section 404 Permit from the U.S. Army Corps of Engineers and a 401 Water Quality
Certification from the NC Division of Water Resources. Staff biologists with the North Carolina
Wildlife Resources Commission 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 Bridge No. 55 over Lance Creek on SR 1557 (Shulls Mill
Road) with a 37’ single-span cored slab bridge on existing alignment. Permanent stream impacts
total 52 linear feet for riprap fill. Temporary impacts total 16 lf for excavation to remove the
existing bents. Wild Brown and Rainbow Trout occur in the project area, therefore 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 trout. The moratorium dates
originally recommended in our scoping comments, submitted April 15, 2009, were revised at
NCDOT’s request in 2012, in consideration of the adjacent golf course and local needs.
Sediment and erosion control must adhere to the Design Standards in Sensitive Watersheds.

Mailing Address:
Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone:Fax:
[phone] • [phone]

BRIDGE NO. 55, SR 1557 PAGE 2 APRIL 11, 2016
LANCE CREEK, WATAUGA CO.
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 January 1 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.Storm water 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.

BRIDGE NO. 55, SR 1557 PAGE 3 APRIL 11, 2016
LANCE CREEK, WATAUGA CO.

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 [e-mail] or (704) 982-
9181.

cc: Amy Chapman, NCDWR
Dave Wanucha, NCDWR
Carla Dagnino, NCDOT