20191555 Ver 1_B36 - Cherokee County - F and W Comments EBCI_20191112

Eastern Band of Cherokee Indians
Natural Resources
P.O. Box 1747
Cherokee, NC
Phone: [phone]
Fax: [phone]
Mr. Patrick Breedlove
N.C. Department of Transportation
Asheville Field Office
Division 14
253 Webster Road
Sylva, N.C. 28779
December 11, 2018
SUBJECT: EBCI Natural Resources comments on Webb Creek Road (SR 1384) bridge
replacement over Webb Creek (B-36), Cherokee County, NC.
Dear Mr. Breedlove,
The Eastern Band of Cherokee Indians (EBCI) Department of Natural Resources are providing
comments for the permit application of the North Carolina Department of Transportation
(NCDOT), regarding the replacement of Bridge NO. 36 over Webb Creek, on Webb Creek Road,
Cherokee County, NC.
The NCDOT plans to replace Bridge NO. 36 over Webb Creek. The construction sites will be
dewatered into a temporary special stilling basin, minimizing the sediment load into Webb
Creek. All work will be completed in the dry and all best management practices will be applied
to the project area by including the use of silt fencing material around the project site. A
temporary detour will be constructed around the project site, involving excavation and the
installation of a temporary 24" flexible culvert pipe to redirect flows around the construction
area, while the 24'x5'-9' aluminum bottomless arch is installed. Comments from the EBCI
Natural Resources program are offered for your consideration under provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Memorandum of Agreement (MOA)
developed between the U.S. Army Corps of Engineers (Wilmington District) and the EBCI.

The project site does contain suitable fish habitat, however the EBCI does not have records of
fish surveys from Webb Creek. Downstream of the project area, Crawford Creek, is known to
support both non -game and wild rainbow and brook trout. Webb Creek is under a WS-IV
classification under the North Carolina Division of Water Resources (NCDWR), meaning this
water supply is used for consumption, as well as being a protected fishery. The EBCI
Department of Natural Resources supports the permitting of this project with the following
recommendations:
1) Stream disturbance in the creek sand in the adjacent 25-foot buffer shall be avoided
from October 15t" to April 15t" to avoid impacts to spawning wild trout downstream of
the project area. Project staging and preparation can proceed during this period
assuming stream channel disturbance is avoided.
2) Measures to control sediment and erosion should be installed before any ground -
disturbing activities occur to minimize effects on downstream aquatic resources.
Herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long-term erosion control. Disturbed soils in steep slopes
and riparian areas should be stabilized with heavy fiber matting in addition to seeding.
Matting should be secured in place with staples, stakes, live stakes of native trees, or
whatever possible. Discharging hydro -seed mixtures and washing out hydro -seeders
and other equipment in or adjacent to surface waters is prohibited.
3) Heavy equipment should be utilized from the stream bank and not in the channel
whenever feasible. All mechanized equipment operated near surface waters should be
inspected and maintained regularly to prevent contamination of stream waters from
fuels, lubricants, hydraulic fluids or other toxic materials. Uncured concrete must not
contact the stream because this can kill fish.
4) All work within the stream should be completed in the dry with the use of temporary
diversion structures. Materials used for flow diversions should be removed from the
stream bed after completing the construction work.
5) The temporary road bypass culvert used to divert traffic while the permanent road
crossing is constructed, should be placed in the thalweg and installed at the stream
grade. The temporary culvert should be properly imbedded (>20% of culvert diameter)
below the stream bottom to allow for the accumulation of natural substrate and
facilitate aquatic organism passage during periods of low stream flow. Partial burial of
the culvert may require increasing the size of the culvert to meet flow conveyance
requirements.

6) The 24'x5'-9' aluminum bottomless arch should be placed in away to maintain the
natural stream grade, allowing aquatic organism passage. Riprap placed for bank
stabilization should be limited to the stream bank below the high-water mark, and
vegetation should be used above.
Thank you for the opportunity to review and comment on this regulatory action. Please contact
me at [phone] if you have any questions about these comments or require further
assistance.
Sincerely,
a",-, �UC'L
Aaron Ducker
Environmental Aquatic Specialist
EBCI Natural Resources
Cc: Mr. Michael LaVoie, Program Manager
Mr. Gary Sneed, Regulatory Specialist