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HomeMy WebLinkAbout20161096 Ver 1_AveB-5383sr1536LinvilleR2016-12_20161214�: �� � North Carolina Wildlife Resources Commission '� MEMORANDUM TO: FROM: Gordon Myers, Executive Director December 13, 2016 Steve Kichefski, Regulatory Project Manager Asheville Regulatory Field Office, USACE Marla Chambers, Western NCDOT Coordinator ����� ��.r� r�t'�:-�, Habitat Conservation Program, NCWRC SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace Bridge No. 143 over Linville River on SR 1536 (Greene Road), Avery County, North Carolina. TIP No. B-5383. 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-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. 143 over Linville River on SR 1536 (Greene Road), with a two span 90' long cored slab bridge on the existing alignment. The middle bent will be out of the water on a bedrock outcropping in the river channel. An onsite detour will be constructed to the south of the existing bridge. Permanent stream impacts include 63 linear feet for riprap bank stabilization along the river and 8 lf (<0.01 acres) of impacts to open waters, a pond, for outlet protection of a new 24" RCP. Temporary impacts to the pond (<0.01 acres) are proposed for the onsite detour. Our scoping comments dated June 27, 2012, which were included in the application, indicated that Linville River is Hatchery Supported Designated Public Mountain Trout Water (HS- Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 B-5383 - BRIDGE NO. 143, SR 1536 PAGE 2 DECEMBER 13, 2016 LINVILLE R., AVERY CO. DPMTW) and supports wild brown trout in the project area. We appreciate NCDOT's commitment to our recommended moratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer from October 15 to April 15 to protect the egg and fiy stages of trout. Sediment and erosion control measures will adhere to the Design Standards in Sensitive Watersheds. Our scoping comments also recommended that NCDOT incorporate angler access into their plans for this project for safe public access, in accordance with the MOA between our agencies. Since this bridge is over trout waters that are stocked for public fishing, it is particularly appropriate to provide public access to the public waters at this location. Access to our State's water-related recreational resources is often limited to the public right-of-ways maintained by NCDOT. People often park along the road to access the waterway, which can be a significant safety hazard, particularly in the mountains where site distance and shoulder widths are often limited. A portion of the onsite detour road planned for this project would appear to be ideal for providing the access. We again request that NCDOT coordinate with our agency to provide the public permanent and safe access to this valuable resource at the project location. NCWRC does not object to the issuance of the Section 404 and 401 permits provided that the following conditions are implemented: 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. 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. B-5383 - BRIDGE NO. 143, SR 1536 PAGE 3 DECEMBER 13, 2016 LINVILLE R., AVERY CO. 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 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(cr�,ncwildlife.org or (704) 982- 9181. cc: Dave Wanucha, NCDWR Carla Dagnino, NCDOT Andrew Henderson, USFWS