20190529 Ver 1_ClaSR1353EVineyardRdShootingC2019-05_20190703

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

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

May 30, 2019

M E M O R A N D U M

TO: Crystal Amschler, NCDOT Project Manager
Asheville 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 improve East
Vineyard Road (SR 1353), impacting unnamed tributaries to Shooting Creek,
Clay 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 upgrade the secondary road to NCDOT standards, which will include
culvert replacements and extensions, gabion wall installations, and road widening. Permanent
impacts include 121 linear feet of stream due to culverts, and 216 lf of streambank impacts from
gabion walls, and 0.13 acres of wetland impacts. Temporary impacts total 600 lf for stream
dewatering. The Eastern hellbender (Crytobranchus a. alleghaniensis), FSC and state SC, occurs
in Shooting Creek. We request that NCDOT assist us in protecting this rare species by keeping
the sediment and erosion control measures well maintained throughout the life of the project.
Brown and Rainbow Trout also occur in Shooting Creek, therefore a moratorium prohibiting in-
stream work and land disturbance within the 25-foot trout buffer should apply from October 15
EAST VINEYARD RD. (SR 1353)
UTS TO SHOOTING CREEK, CLAY CO. PAGE 2 MAY 30, 2019
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.

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.

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.
EAST VINEYARD RD. (SR 1353)
UTS TO SHOOTING CREEK, CLAY CO. PAGE 3 MAY 30, 2019

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: Kevin Barnett, NCDWR
Patrick Breedlove, NCDOT