20081169 Ver 1_Other Agency Comments_20080911

J. .
® North Carolina Wildlife Resources Commission
TO David Baker, NCDOT Coordinator
Asheville Regulatory Field Office, USACE
FROM Marla Chambers, Western NCDOT Permit Coordinator
Habitat Conservation Program, NCWRC
DATE September 11, 2008
SUBJECT Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No 48 on SR 1318 (Hemphill Road) over Hemphill Creek, Haywood
County, North Carolina TIP No B-3343
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) and a 401 Water Quality
Certification from the Division of Water Quality (NCDWQ) 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 48 on SR 1318 (Hemphill Road) over Hemphill
Creek with a new single span bridge on new alignment dust to the north of the existing structure
Traffic will be maintained on-site via staged construction There will be 114 linear feet of
permanent impacts to an unnamed tributary to Hemphill Creek due to the proposed relocation of
the tributary under the road Hemphill Creek, classified as "C Tr", is Hatchery Supported
Designated Public Mountain Trout Water and supports wild trout reproduction We will honor
our previously requested moratorium dates although they differ from the current standard dates
We appreciate NCDOT's commitments to the trout moratorium and using Design Standards for
Sensitive Watersheds
Since our last correspondence regarding this project, a priority list of bridge replacement sites
has been developed for providing public access to public waters This project, B-4015, is listed
as priority 2 for wade access, meaning a small area left for safe parking is requested at this site
Perhaps an area in the footprint of a roadway segment that is to be relocated during project
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
B-3343, SR 1318, Hemphill Road
Hemphill Cr & UT, Haywood Co -2- September 11, 2008
construction could remain accessible to the public We would appreciate any assistance to help
meet this public need
NCWRC can concur with the issuance of 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 November 1 through April 15 to protect the egg and
fry stages of trout
2 Se anent acid erosion control measures shall adhere to the Design Standaids l'or Sensitive
Wateislicds and be strictly maintained until prolect 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 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
5 Stormwater, including deck drainage, should be directed to buffer areas or retention
basins and should not be routed directly into the waterway
6 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
7 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
8 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
9 Grading and backfilhng 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
B-3343, SR 1318, Hemphill Road
Hemphill Cr & UT, Haywood Co -3- September 11, 2008
12 Discharging hydroseedmg mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited
13 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 [phone]
cc Troy Wilson, USFWS
Brian Wrenn, NCDWQ
Mike Parker, NCDWQ
Carla Dagnmo, NCDOT
Elizabeth Lusk, NCDOT