20090359 Ver 1_Approval Letter_20090427 (2)

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® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM TO: Monte Matthews, USACOE FWq0%q[R0D
Raleigh Regulatory Field Office MAY 0 1 2009
FROM: Ron Linville, Regional Coordinator / DENR-WATER QUALny
Habitat Conservation Program WETUNDSANDSTORMWATERBRANCH
DATE: April 9, 2009
SUBJECT: SR1221B, Locust Gap Road, Unnamed Tributaries Rube Creek, Watauga County
North Carolina Department of Transportation (NCDOT) proposes to improve and pave the
referenced highway. Biologists with the North Carolina Wildlife Resources Commission are
familiar with habitat values in the.area. These comments are provided in accordance with the
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S:C. 661-
667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC
25).
NCDOT project will replace five (5) existing pipes. Cumulative additional impacts are indicated
to be 60 linear feet. Wild Rainbow trout are known downstream in Rube Creek. Weller's
salamander, Ylethodon welleri (NCSC) has been documented close to the highway near the state
line.
Based on our review of the submittal and our knowledge of area habitats, we will not object to
the project providing the following recommendations are followed:
Instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the rainbow trout spawning season of January I through April 15 to
protect the egg and fry stages of trout. This moratorium may be avoided if the culvert
projects can be done independently and completely "in the dry" using stringent
sediment and erosion control methods, including clean water pipe diversions or pump
around techniques plus immediate stabilization using matting, and re-vegetation
without any delays.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
SR1221B. Locust Gap Rd. Page 2
April 9, 2009
2. To the maximum extent practicable, culverts 48 or larger should be buried a foot
into the streambed. Culverts less than 48 inches in diameter should be buried to a
depth equal to or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths. Aquatic life passage must be
assured during low flow or drought conditions. Any riprap used must not interfere
with aquatic life movement during low flows.
3. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B.0124).
4. If any concrete will be used, work must be accomplished so that wet concrete does
not contact stream water.
5. Heavy equipment should be operated from the bank rather than in the stream channel
in order to minimize sedimentation and reduce the likelihood of introducing other
pollutants into the stream.
6. Temporary or permanent native herbaceous vegetation should be established on all
bare soil within five (5) days of ground disturbing activities in the twenty-five (25)
foot trout buffer to provide long-term erosion control. Natural fiber matting is
recommended over plastic matting that can impinge and entrap small animals.
Disturbed stream banks should be planted with autochthonous (native) plants like
silky dogwood, rhododendron, dog hobble, mountain pepperbush, paw paw, red
maple, silky willow, tag alder, black willow, sycamore, river birch, or other native
woody species.
If practicable, although not recommended as a permit condition, NCDOT Environmental
Officers are requested to observe road work near the state line and to take protective measures
should any salamanders be unearthed during construction on that end of the project. If Weller's
salamanders are observed, occurrences should be reported via e-mail to appropriate state
herpetologists.
Thank you for the opportunity to review and comment on this project during the early planning
stages. If you have any questions regarding these comments, please contact me at 336-769-9453.
E-copy: Sue Homewood, DWQ-WSRO
Heath Slaughter, NCDOT
Kathy Matthews, USEPA
Marla Chambers, NCWRC
MarellaBuncick, USFWS
Sonya Gregory, DWQ-Raleigh