20170401 Ver 1_WRC Comments_20170502

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� North Carolina Wildlife Resources Commission ��
MEMORANDUM
TO:
FROM:
Gordon Myers, Executive Director
May 2, 2017
Monte Matthews, Regulatory Project Manager
Raleigh Regulatory Field Office, USACE
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Marla Chambers, Western NCDOT Coordinator �L�- ��.ct�r�z�.r,:�.
Habitat Conservation Program, NCWRC
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No. 262 over Gunpowder Creek (Old Mill Pond) on SR 1107 (Falls
Avenue), Caldwell 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-lthrough 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 replace Bridge No. 262 over Gunpowder Creek (Old Mill Pond) on SR
1107 with a four-span bridge at the existing location using a rock causeway. NCWRC has agreed
with leaving some of the lower layer of the causeway in place in a manner that will not cause a
hazard to boaters. Permanent stream impacts total 192 linear feet for the causeway and bank
stabilization and 0.77 acres of iill in open water. No temporary impacts are proposed.
Gunpowder Creek is classified as WS-IV. Significant trout resources are not expected; therefore,
we are not requesting a trout moratorium.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

BRIDGE NO. 262, SR 1107 PAGE 2 MAY 2, 2017
GUNPOWDER CREEK, CALDWELL CO.
We are concerned with the proposed curb and gutter and especially the plans to discharge
stormwater from the bridge directly into the waterway through multiple deck drains. The size of
the bridge (400' x 40') provides a larger than average drainage area and lentic nature of the mill
pond means pollutants from the bridge will linger, potentially impacting the fish, aquatic life and
recreational use of the waterway. We recommend appropriate treatment of the stormwater to
preserve water quality. NCWRC has an agreement in place to develop a parcel next to the bridge
for public access. We appreciate NCDOT's efforts to ensure the parcel will not be negatively
impacted by the bridge replacement project.
NCWRC does not object to the issuance of the Section 404 and 401 permits provided that the
following conditions are implemented:
Stringent sedimentation and erosion control measures must be implemented and
maintained on the project site until project completion to avoid impacts to downstream
aquatic resources.
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 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.
4. Storm water should be directed to buffer areas or retention basins and should not be
routed directly into the waterway.
5. 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.
6. 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.
7. 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.
8. 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.

BRIDGE NO. 262, SR 1107 PAGE 3 MAY 2, 2017
GUNPOWDER CREEK, CALDWELL CO.
9. 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.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is prohibited.
11. 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 marla.chambers(c�r�,ncwildlife.org or (704) 982-
9181.
cc: Dave Wanucha, NCDWR
Heath Slaughter, NCDOT