20201371 Ver 1_WRC Comments_20220204

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

February 4, 2022

M E M O R A N D U M

TO: Crystal Amschler, NCDOT Project Manager
Asheville Regulatory Field Office, USACE

FROM: Dave McHenry, Western NCDOT Coordinator
Habitat Conservation Program, NCWRC

SUBJECT: Comments on IP Application for NCDOT Division 14
US 129, NC 143, and NC 28 Improvements from Robbinsville to Stecoah
Graham County, NC
TIP A-0009C, SAW-2009-01346, DWR 20201371 ver.1

The North Carolina Department of Transportation (NCDOT) Division 14 applied for an Individual Permit
for stream and wetland impacts to improve US 129, NC 143, and NC 28 from Robbinsville to Stecoah in
Graham County. I am familiar with the project area and its fish and wildlife resources. Comments on the
application from the North Carolina Wildlife Resources Commission (NCWRC) are offered 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).

Stecoah, Sweetwater, Beech, and Tallulah creeks and possibly some larger tributaries support wild
rainbow trout populations. Several of the unnamed tributaries to these streams where work is proposed
appear too small for trout or other fish. However, there is a potential for construction to cause
sedimentation downstream of these sites, particularly on the larger streams in steep terrain near Stecoah
Gap (Sections B and C).

In addition to trout, northern long-eared bat (Myotis septentrionalis) and Indiana bat (Myotis sodalis) are
known to occur in or near the project area. The NCWRC supports the tree clearing moratorium (April 1
A-0009C Page 2 February 4, 2022
Graham County

to October 15) included in the informal Section 7 Concurrence for the project. The moratorium could
prove a protective conservation measure for tree-roosting bats given the considerable amount of clearing
that will occur.

In addition to Section 7 Concurrence, the NCDOT requested a Conference Opinion (CO) from the United
States Fish and Wildlife Service (USFWS) for golden-winged-warbler (GWWA, Vermivora chrysoptera).
GWWA is seasonally present near NC 143 and Stecoah Gap and may become federally listed before A-
0009C is completed. The request for the CO included tree thinning work to enhance GWWA habitat on
parcel 26 (Section C of plans), which is a recently abandoned GWWA nesting area, as well as near the
Appalachian Trail (AT) parking area on US Forest Service property (USFS). The NCWRC intends to
assist NCDOT with oversight of the GWWA clearing work, as requested. The CO is currently under
review by USFWS.

The NCDOT has proposed a land bridge to convey the AT over NC 143 to minimize visual impacts of the
roadway widening. The bridge should also provide some wildlife passage, though trail usage and
disturbance by hikers may limit broader use of this structure by some species. As with the GWWA
enhancement areas, the NCWRC intends to collaborate further with NCDOT, as requested, on potential
ways to improve the function of the overpass for wildlife without compromising the Section 106/4f
determinations.

A vegetation plan for the land bridge and nearby terraces is included in the Section 106/4f evaluation.
The NCWRC believes large trees should be avoided on the bridge because the soil overlay will be
shallow. Instead, smaller native trees and shrubs, possibly including blueberry (Vaccinium spp.),
dogwoods (Cornus spp.), and Carolina silverbell (Halesia Carolina), should be used along with the
special seeding plan developed with USFS to increase GWWA habitat availability. Planting of the land
bridge and nearby terraces to benefit GWWA was previously included in the CO request.

The NCWRC requests that the following specific comments and recommendations be incorporated into
the permit and construction work to conserve fish and wildlife habitats:
1. The rainbow trout moratorium (January 1 to April 15) must be followed for stream and buffer
zone disturbance to protect developing trout eggs and fry.
2. Conservation measures articulated in the Section 7 Consultation and the GWWA CO (if issued)
must be followed.
3. Native material or rip rap backfill (whichever is specified by plans/details) should be compacted
in streams to the appropriate elevation immediately downstream of culvert replacements and
extensions to help prevent outlet scour.
4. Applicable measures from the current NCDOT Erosion and Sediment Control Design and
Construction Manual should be adhered to. Tall fescue and straw mulch must not be used in
riparian areas (Note, there also is prescriptive seeding that may prohibit tall fescue or sericea
lespedeza on USFS property in the special use authorization). Matting needed in riparian areas
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Graham County

should not contain nylon mesh because it entangles and kills wildlife. Coir matting should be
used on disturbed stream banks that are steep or susceptible to high water and securely anchored
with wooden stakes according to NCDOT specifications.
5. Heavy equipment needs to be well-maintained and concrete pouring needs to be closely
monitored to avoid and quickly mitigate fuel, fluid, or wet concrete losses in or near streams.
6. Rip rap specified in plans should be embedded into (aka “keyed-in”) the soil of channel
relocations wherever possible to expedite/promote surface flow and aquatic organism passage.
Native streambed materials should be used as top-dressing on culvert inlet/outlet benches where
embedment is not possible. High flow barrels that are backfilled with rip rap should be similarly
treated to promote wildlife passage.
7. Removal of vegetation in riparian areas and wetlands should be minimized. Banks on stream
relocations and abandoned roadways need to be reforested. This minimally should include
impact site 23 in Section A and impact sites 11, 17, and 19 in Section C.
8. The natural dimension, pattern, and profiles of streams and the grades of wetlands should be
restored where temporarily impacted.
9. Rip rap 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 wherever
practicable.

Thank you for the opportunity to review and provide recommendations on this project. Please contact me
at [e-mail] or [phone] if you have any questions about these comments.

ec: Kevin Mitchell, NCDEQ, DWR
Holland Youngman, USFWS
Patrick Breedlove, NCDOT Division 14