20090612 Ver 1_Other Agency Comments_20090620

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® North Carolina Wildlife Resources Commission
TO: Monte Matthews, NCDOT Coordinator
Raleigh Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Permit Coordinator" k0 ??a,mdc v
Habitat Conservation Program, NCWRC
DATE: June 26, 2009
SUBJECT: Review of NCDOT's application for a Section 404 permit to replace Bridge No.
44 on US 19E over North Toe River, Avery County, North Carolina. TIP No. 13-
3608.
North Carolina Department of Transportation (NCDOT) has submitted an application to obtain a
Section 404 Permit from the U.S. Army Corps of Engineers (USACE). Staff biologists with the
North Carolina Wildlife Resources Commission (NCWRC) have reviewed the information
provided. These comments are provided in accordance with the provisions of the National
Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The NCDOT proposes to replace Bridge No. 44 on US 19E over North Toe River with another
bridge just northwest of the existing location. There will be 0.05 acres of temporary surface
water impacts from rock pads and <0.01 acres of permanent impacts from an interior bent.
Traffic will be maintained using an off-site detour. The North Toe River is Hatchery Supported
Designated Public Mountain Trout Water with excellent rainbow and brown trout habitat. The
blotched chub (Erimystax insignis), FSC and state SR, occurs in the project area. A clear bank
(riprap free) area of at least 10 feet should remain on each side of the stream underneath the
bridge for wildlife passage. This project is on a priority list of bridge replacement sites that has
been developed for providing public access to public waters, in accordance with the MOA
between our agencies. This project is listed as priority 2 for wade access, meaning a small area
left for safe parking is requested at this site.
NCWRC can concur with the issuance of the Section 404 permit provided that the following
conditions are implemented:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
B-3608, US 19E
N. Toe River, Avery Co. -2- June 26, 2009
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 for sensitive
watersheds and be strictly maintained until project completion.
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 should not be used in riparian areas. We encourage NCDOT to utilize onsite
vegetation and materials for bank stabilization when practicable. Erosion control matting
should be used on banks and steep slopes, instead of straw mulch and well anchored with
12" staples, wooden survey stakes or live stakes.
Stormwater, including deck drainage, should be directed to buffer areas or retention
basins and should not be routed directly into the waterway.
Only clean Sediment-free rock should be used as temporary fill (causeways), and should
be removed without excessive disturbance of the natural channel bottom when
construction is completed.
7. Discharge of materials into the waterway from demolition of the old bridge should be
avoided as much as practicable. Any materials that inadvertently reach the water should
be removed. "
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
B-3608, US 19E
N. Toe River, Avery Co. -3 - June 26, 2009
13. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited.
14. 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.
15. The existing roadway that is to be eliminated should be removed back to original ground
elevations and the natural floodplain elevations and functions should be restored.
Disturbed areas should be seeded or mulched to stabilize the soil and native tree species
should be planted with a spacing of not more than 10'x10'.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at [phone].
cc: Troy Wilson, USFWS
Brian Wrenn, NCDWQ
Mike Parker, NCDWQ
Carla Dagnino, NCDOT
Elizabeth Lusk, NCDOT