20080762 Ver 1_Bridge No. 50 on NC 294 (9)_20080715

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9 North Carolina Wildlife Resources Commission 9

TO: Melba McGee, Environmental Coordinator
Office of Legislative and Intergovernmental Affairs, DENR

FROM: Marla Chambers, Western NCDOT Permit Coordinator G` Aoa L&'i
Habitat Conservation Program, NCWRC

DATE: July 10, 2008

SUBJECT: Review of the state Environmental Assessment/Finding of No Significant Impact
document for NCDOT's proposed upgrade of NC 294 from SR 1308 (Sandy Gap
Road) to SR 1130 (Sunny Point Road) and replacement of Bridge No. 50 over
Persimmon Creek, Cherokee County. TIP No. R-3622A. OLIA Project No. 08-
0346, due 07/13/2008 (extension).

North Carolina Department of Transportation (NCDOT) has submitted for review a state
Environmental Assessment/Finding of No Significant Impact (EA/FONSI) document for the
subject project. 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 widen and realign NC 294 from SR 1308 (Sandy Gap Road) to SR
1130 (Sunny Point Road), including a bridge replacement over Persimmon Creek where it joins
Lake Cherokee, for a project length of approximately 1.8 miles. Much of the land in the project
area is owned by the U.S. Forest Service and is part of the Nanatahala National Forest. Access
to Lake Cherokee and its dam are located off NC 294 near Persimmon Creek. Public access,
which was not addressed in the document, should not be negatively impacted by the project.

Permanent jurisdictional impacts expected from the project include 1.67 acres of wetlands and
253 linear feet of streams. NCWRC appreciates the efforts made to survey federal and state
listed species, as well as forest sensitive and forest concern species, in the project area. A
designated forest sensitive species, the Southern Nodding Trillium (Trillium rugelli), is also
expected to be impacted and commitments have been made to relocate the plants and soil. Three
build alternatives were considered, the Southern Alternative, the Northern Alternative, and the

Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

R-3622A, NC 294 2 July 10, 2008
Persimmon Creek & UT's, Cherokee Co.
Symmetric Alternative. We recommend that an Asymmetric or "Best-Fit" alignment be
considered in order to assure that impacts to jurisdictional resources and sensitive species have
been minimized.

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: Michael R. Parker, NCDWQ
Brian Wrenn, NCDWQ
Marella Buncick, USFWS
Angie Rodgers, NCNHP

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North Carolina Wildlife Resources Commission 0

TO: David Baker, NCDOT Coordinator
Asheville Regulatory Field Office, USACE

FROM: Marla Chambers, Western NCDOT Permit Coordinator e4m&o-'
Habitat Conservation Program, NCWRC

DATE: June 11, 2008

SUBJECT: Review of NCDOT's application for a Section 404 permit to replace Bridge No.
85 on NC 112 over Hominy Creek, Buncombe County, North Carolina. TIP No.
B-4033.

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 Categorical
Exclusion and 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. 85 on NC 112 over Hominy Creek with a new
bridge on the same alignment as the existing bridge; traffic will be maintained onsite via staged
construction. Proposed permanent impacts include 80 linear feet for bank stabilization and <0.01
acres for three circular bridge piers. Temporary impacts include 0.08 acres due to temporary
causeways for the removal and installation of the abutments. Hominy Creek is classified as "C"
waters and is on the 303(d) list of impaired waters in the project area. The blotched chub
(Erimystax insiginis), Federal Species of Concern (FSC) and state Significantly Rare (SR), and
French Broad River Crayfish (Cambarus reburrus), FSC and state SR, are known from Hominy
Creek. We appreciate the inclusion of sediment and erosion control measures that adhere to the
design standards for sensitive watersheds for this project, which will minimize impacts to
sensitive species and further degradation of water quality.

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-4033, NC 112
Hominy Cr., Buncombe Co. -2- June 11, 2008

1. Sediment and erosion control measures shall adhere to the design standards for sensitive
watersheds and be strictly maintained until project completion.

2. 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.

3. 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.

4. Stormwater, including deck drainage, should be directed to buffer areas or retention
basins and should not be routed directly into the stream.

5. Only clean, sediment-free rock should be used as temporary fill (causeways), and should
be removed without excessive disturbance of the natural stream bottom when
construction is completed.

6. Discharge of materials into the stream from demolition of the old bridge should be
avoided as much as practicable. Any materials that inadvertently reach the stream should
be removed.

7. The natural dimension, pattern, and profile of the stream above and below the crossing
should not be modified by widening the stream channel or changing the depth of the
waterway.

8. Removal of vegetation in riparian areas should be minimized. Native trees and shrubs
should be planted along the banks to reestablish the riparian zone and to provide long-
term erosion control.

9. 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.

10. 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.

11. 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.

12. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited.

B-4033, NC 112
Hominy Cr., Buncombe Co. -3 - June 11, 2008
13. Heavy equipment should be operated from the bank rather than in the stream 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 [phone].

cc: Troy Wilson, USFWS
Brian Wrenn, NCDWQ
Mike Parker, NCDWQ
Carla Dagnino, NCDOT
Elizabeth Lusk, NCDOT