20170566 Ver 1_WRC Comments_20170531

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MEMORANDUM
TO:
FROM:
Gordon Myers, Executive Director
May 31, 2017
Eric Alsmeyer, Regulatoiy Project Manager
Raleigh Regulatory Field Office, USACE
Marla Chambers, Western NCDOT Coordinator %''�r���� ��- ��6��t-��c��•�r,�:
Habitat Conservation Program, NCWRC
SUBJECT: Review of NCDOT's applicatioil for Section 404 and 401 permits to replace
Bridge No. 47 over Flat Springs Branch on SR 1316 (Flat Springs Road), Avery
County, North Carolina.
The North Carolina Department of Transportation has submitted an application to obtain a
Section 404 Permit from the U.S. Army Coips of Engineers and a 401 Water Quality
Certificatioil 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 aild 42 U.S.C. 4332(2)(c), respectively), the Clean
Water Act of 1977 (33 U.S.C. 466 et seq.), the Endangered Species Act (16 U. S. C. 1531-1543;
87 Stat 884), and the Fish and Wildlife Coordination Act (48 Stat. 401, as a�nended; 16 U.S.C.
661-667d), as applicable.
The NCDOT proposes to replace Bridge No. 47 over Flat Springs Branch (or Poga Creek) on SR
1316 with a three-sided bottomless culvert at the same location. Class I riprap will be
countersunk inside of culvert to inaintain channel width. In addition, an unnamed tributary in the
roadway ditch will be relocated into a riprap ditch and a pipe. Pennanent stream impacts total
213 linear feet for riprap and pipe (41') iinpacts and 12 lf of temporary impacts due to
dewatering. Flat Springs Branch supports Rainbow Trout downstream of the project, therefore a
inoratorium prohibiting in-stream work and land disturbance within the 25-foot trout buffer
should apply from January 1 to April I S to protect the egg and fry stages of trout. Sediment and
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

BRIDGE NO. 47, SR 1316 PAGE 2 MAY 31, 2017
FLAT SPRINGS CR., AVERY CO.
erosion control should adhere to the Design Standards in Sensitive Watersheds. Removing 1.2
acres of trees appears excessive. Tree removal should be minimized.
NCWRC will 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 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.
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.

BRIDGE NO. 47, SR 1316 PAGE 3 MAY 31, 2017
FLAT SPRINGS CR., AVERY CO.
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) 244-
8907.
cc: Dave Wanucha, NCDWR
Heath Slaughter, NCDOT