20170806 Ver 1_WRC Comments_20170728

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

July 28, 2017

M E M O R A N D U M

TO: Eric Alsmeyer, Regulatory Project Manager
Raleigh 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 impact three
unnamed tributaries to Stony Fork as part of their proposed project to pave
Conley Shumaker Road (SR 1158), Wilkes County, North Carolina.

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.), the Endangered Species Act (16 U. S. C. 1531-1543;
87 Stat 884), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d), as applicable.

The NCDOT proposes to impact three unnamed tributaries to Stony Fork as part of their
proposed project to pave Conley Shumaker Road (SR 1158). We appreciate NCDOT’s efforts to
correct the perched pipe. Permanent stream impacts for this 1.38-mile project include 34 linear
feet for the culverts and 30 lf for bank stabilization. Temporary impacts total 120 lf for
dewatering. Brook and Brown Trout occur in Stony Fork, 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 fry stages of trout. Sediment and erosion control should adhere
to the Design Standards in Sensitive Watersheds and be strictly maintained.

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

CONLEY SHUMAKER RD. (SR 1158)
UTS TO STONY FORK, WILKES CO. PAGE 2 JULY 28, 2017
Approximately 0.75 acres of trees are proposed to be removed. We are concerned with road
paving projects that have significant terrestrial impacts. These projects typically upgrade lightly
traveled, low-speed roadways to specific standards with wide travel lanes, shoulders and ditch
lines, often straightening curves and removing adjacent hillsides. Greater amounts of tree and
vegetation removal and earthmoving activities constitute greater wildlife habitat destruction and
increase the likelihood of sediment entering the waterways. Standards appropriate for the
piedmont and coastal settings may not be appropriate for mountainous terrain. While the road
design standards are intended to improve safety, we are concerned that the increased traffic and
higher speeds will have a negative effect on the safety of motorists, pedestrians and wildlife
along these types of roadways. We encourage NCDOT to use context sensitive designs to
minimize aquatic and terrestrial impacts and address safety issues in upgrading gravel roads.
Smaller, less intrusive projects will have the added benefit of reducing construction and right-of-
way costs.

NCWRC does not object to 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 October 15 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. 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
crossings 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.

CONLEY SHUMAKER RD. (SR 1158)
UTS TO STONY FORK, WILKES CO. PAGE 3 JULY 28, 2017
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. Backfill materials should be obtained from upland sites.

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 [e-mail] or (704) 244-
8907.

cc: Dave Wanucha, NCDWR
Heath Slaughter, NCDOT