20230795 Ver 1_R-5861_DWR 20230795v1_US 19 129_Cherokee_NCWRC comments_20230621

9 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
June 21, 2023
Crystal Amschler
U.S. Army Corps of Engineers Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Kevin Mitchell
NCDEQ, DWR
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Dear Mrs. Amschler and Mr. Mitchell,
SUBJECT: Comments on 404/401 Application for US 19/129 from Georgia to US 64/74, Cherokee
County. R-5861, WBS 47427.1.1, DWR 20230795 ver.1
The North Carolina Department of Transportation (NCDOT) applied for a 404 Permit and 401
Certification for stream and wetland impacts for the subject project. North Carolina Wildlife Resources
Commission (NCWRC) staff are familiar with the project and the wildlife resources in the area.
Comments on the application from the NCWRC are offered to conserve the wildlife resources affected by
the project and to promote wildlife -based recreation in accordance with applicable 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.), and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project involves improving US 19/129 from Georgia to US 64/74 in Cherokee County. A
considerable amount of stream and wetland impacts are required for this project because of extensive
vertical and horizontal realignments of the roadway and, to a lesser extent, temporary traffic detours.
Trout spawning is not likely a concem in Cobb Creek or the other streams to be impacted due to their low
elevation. However, the Nottely River downstream of the project area should support a wild Rainbow
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

R-5861 Page 2 June 21, 2023
Cherokee County
Trout (Onchorynchus mykiss) fishery. Trout were restocked in this river a few years ago after being
wiped -out by an acute warmwater discharge from Nottely Reservoir upstream. Though a trout fishery
may be present, the Nottely river is likely far enough from the project to not be appreciably affected by
sedimentation generated by construction. Therefore, consistent with the NCWRC's prior scoping
comments the trout spawning moratorium can be waived for this project.
The Nottely River and Moccasin Creek downstream of the project also support Eastern Hellbender
(Cryptobranchus alleganiensis). As with trout, the project should not adversely affect this species provided
effective sediment and erosion controls are used and sediment losses from the project are minimal.
The tree clearing moratorium, as usually implemented on projects in Division 14, should be an effective,
conservative measure for tree -roosting bats. It covers the May to July timeframe which is particularly
important since this is when young bats cannot fly and are vulnerable to mortality from tree -felling.
There will be a considerable amount of tree clearing associated with this project. Therefore, the NCWRC
supports inclusion of the tree clearing moratorium in any Section 7 re -consultation undertaken for the
project.
The NCWRC offers the following design observations or considerations:
• The profile view for Site 2 depicts a 150'+ foot long pipe according to the scale, though it is
labeled as 119 feet and appears to be that length on the plan sheets. NCDOT may want to note
this to the designers so they can cross-check the permit drawings versus construction plans and
pipe quantities.
• I believe the culvert extensions in Cobb Creek could not be designed according to the NCDOT's
guidance for sills and baffles for new box culverts because of hydraulic capacity limitations.
However, the existing culvert there was backwatered and passable to most aquatic life in part due
to the very low gradient of the structure. So, the expectation is that the extended structure should
perform similarly.
• The NCDOT should consider the use of rip rap as underlayment of any native material backfill
that may be used in the box culverts, such as the new box culvert in Gold Branch. This culvert
will be set at a relatively low gradient, and therefore should retain sediments with the addition of
the baffles. However, a base of larger rip rap with a topping of native material would be help
assure good sediment retention between the baffles. And, as often the case, there probably won't
be enough suitable native material harvestable from the stream.
• While guy lines presumably must be located close to design location, the placement of the anchor
in or in proximity of the stream at site 1 should be evaluated, as probably intended. A slight shift
might allow the anchor siting at least along the edge of the stream to minimize the channel
impact. If it is constructed in the stream channel, then a post -installation inspection is
recommended to ensure it has minimal effect on the stream flow and channel capacity and
stability.

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Cherokee County
Thank you for the opportunity to review and provide recommendations on this project. Please contact me
at david.mchenryAncwildlife.org or [phone] if you have any questions about these comments.
Cordially,
Dave McHenry, NCWRC Western DOT Coordinator
cc: Patrick Breedlove, NCDOT Division 14