20091182 Ver 1_Other Agency Comments_20091215

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TO: David Baker, NCDOT Coordinator
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Permit Coordinator
Habitat Conservation Program, NCWRC
DATE: December 11, 2009
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No. 37 on NC 226 over Hopper Creek, McDowell County, North Carolina.
TIP No. B-4190.
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 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. 37 on NC 226 over Hopper Creek with a three
barrel (12' x 1 1') box culvert. There will be 62 feet of permanent stream impacts from culvert
installation, 48 feet of bank stabilization, and 80 feet (0.04 acres) of temporary impacts due to
dewatering and an on-site detour. No justification of replacing the bridge with a culvert was
provided. We recommend providing justification for all bridge to culvert projects.
Hopper Creek is Class C waters and is within the Muddy Creek drainage. Sediment and erosion
control is a major concern, as a watershed restoration project is under way in this drainage to
reduce negative impacts to downstream resources, particularly in the Catawba River. Catawba
River resources of concern include brown and rainbow trout tailwater fisheries and state listed
mussels, the notched rainbow (Villosa constricta), state SC, and the creeper (Strophitus
undulatus), state T, which are present near the mouth of Muddy Creek. We request the use of
NCDOT's sediment and erosion control measures that include coir fiber logs, straw wattles, and
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
B-4190, Bridge No. 37 on NC 226
Hopper Cr., McDowell Co. -2- December 11, 2009
PAM (optional), in lieu of the Design Standards in Sensitive Watersheds that we previously
recommended for this project, to protect downstream resources.
NCWRC can concur with the issuance of Section 404 and 401 permits provided that the
following conditions are implemented:
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.
2. 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 and be well anchored with staples or wooden survey stakes and, whenever
possible, include live stakes of native trees.
Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into the waterway.
Ontv clean, sediment-free rock should be used as temporarv fill (causcwavs), and should
he removed without excessive disturbance of the natural channel bottom when
construction is completed.
5. 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.
6. 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.
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.
8. 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.
9. 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.
10. 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-4190, Bridge No. 37 on NC 226
Hopper Cr., McDowell Co. -3 - December 11, 2009
11. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is strictly prohibited.
12. 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 Dagnino, NCDOT
Elizabeth Lusk, NCDOT