20221416 Ver 1_U-5839_Haywood_DWR 20221416 v1_NCWRC comments_20221031

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]

October 31, 2022

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 GP (NWP)/401 Application for U-5839 (US 276 Russ Avenue
Improvements), Haywood County
WBS 50230.1.1, DWR 20221416 ver.1

The North Carolina Department of Transportation (NCDOT) applied for a 404 Permit and 401
Certification for the subject project. I am familiar with the wildlife resources in the area. Comments on
the application from the North Carolina Wildlife Resources Commission (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 widening and adding a median to approximately 1.12 mile of US 276 between US
23/74 and US 23 business in Waynesville. Bridge 430186 on US 276 over Richland Creek will be
replaced and widened with the project. Stream impacts include about 118 feet for new bridge piers.
Utility impacts to streams, if any, were not noted in the application.

U-5839 Page 2 October 31, 2022
Haywood County
Richland Creek in the project area is designated by the NCWRC as hatchery supported trout water.
However, summertime temperatures are periodically high in this lower section of the creek. Therefore,
according to the NCWRC’s area fish biologist, trout spawning here is not a major concern and the trout
moratorium should be waived for this project.

The NCWRC does not have major concerns with the overall stream impacts provided best management
practices for erosion control, dewatering, and hazardous material handling are followed in accordance
with current NCDOT guidelines and standard permit/certification conditions. However, the creek channel
is overly wide at the bridge and there is a large point/mid-channel bar near the center bridge columns (see
photo). This wide condition has been present for many years, and removal of the mid-channel columns
may allow the thalweg to adjust away from the north bank. Nevertheless, since the bridge is in a meander
bend, NCDOT should monitor the channel condition once the new piers are in place and address
appreciable bank erosion, should it occur.

The bridge over Richland Creek is (was) a roost for gray bat (Myotis grisescens, US Endangered). In
2018, 1-2 gray bats were observed on several occasions during regular surveys from summer to fall. In
2019, roosting by one gray bat was confirmed on at least 3 occasions. Other bats less frequently observed
under the bridge included lone big brown bats (Eptesicus fuscus) and a tricolor bat (perimyotis subflavus,
US Proposed Endangered). Informal consultation with the U.S. Fish and Wildlife Service (USFWS) was
completed for gray bats because mass roosting was not observed. Conservation and mitigation measures
included demolishing the first section of old bridge outside of the May 15 to August 15 period and
installation of a bat roost box on the underside of the new bridge. A follow-up survey of the bridge is
recommended before initial demolition to re-verify the low usage previously documented. The NCWRC
would appreciate coordination regarding any Section 7 updates on the project that may be necessary, such
as the change to the typical tree clearing moratorium and northern long-eared bat (Myotis septentrionalis,
US Threatened) listing.

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.

Cordially,

Dave McHenry, NCWRC Western DOT Coordinator

ec: Kevin Barnett, NCDOT Division 14 DEO
Katherine Etchison, NCWRC Wildlife Diversity Biologist
Lauren Wilson and Holland Youngman, US Fish and Wildlife Service

U-5839 Page 3 October 31, 2022
Haywood County

Left descending bank downstream of 430186 on U-5839 - October 31, 2022.