20120673 Ver 4_R2707 D & E _DWR 20120673v7_US 74 Bypass_Cleveland__NCWRC Comments_20221108

North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
November 8, 2022
Eric Alsmeyer
Regulatory Division Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Amy Chapman
NCDEQ Division of Water Resources, Transportation Permitting
512 N. Salisbury St., Archdale Building, 12th floor
Raleigh, NC 27604
SUBJECT: Comments on Application for US 74 Shelby Bypass from East of NC 150 to West of SR
1001, Cleveland County
WBS 34497.1156, R-2707D and E, DWR 20120673 ver.4
Dear Mr. Alsmeyer and Ms. Chapman,
The North Carolina Department of Transportation (NCDOT) applied for an Individual Permit and 401
Certification for the subject project. I reviewed the application materials and on November 4, 2022
visited the project area to become familiar with the anticipated impacts to wildlife habitats. 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-
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.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
The project involves completion of the final phase of the US 74 bypass around Shelby in Cleveland
County.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

R-2707 D&E Page 2 November 8, 2022
Cleveland County
The NCWRC does not have appreciable concerns with the already approved permit drawings and does
not recommend special conditions for the authorizations. However, the NCWRC does offer the following
suggestions that may facilitate project execution, though NCDOT staffs may already be familiar with
these:
1. There are barn swallow (Hirundo rustica) and maybe cliff swallow (Petrochelidon pyrrhonota) nests
on the underside of the Buffalo Creek bridges, most notably on the eastern bridge (westbound bridge
220102). The nests are currently not occupied, presumably due to fall migration. Coordination with
US Fish and Wildlife Service is recommended for guidance.
2. Class I and II should ensure stability of constructed riffles in the channel relocation, but the high
proportions proposed (90%) has the potential to bury stream flow. Fine sediment transport may
passively fill the rock voids. But, if not, then like the channel details used elsewhere, natural
substrate or smaller diameter quarry stone may be needed to fill voids and reestablish surface flow. A
note in the plans/contract that natural material is subject to approval is also recommended to help
prevent the use of unsuitable subsoil harvested deep from beneath stream channels.
Per the channel relocation detail, staples may be used for coir matting anchors, but their use, if
permitted, should be limited. Rebar or wooden stakes should always be used, at a minimum, on the
leading or upstream edges of unrolled coir matting.
4. Although wildlife will often pass over roadways and bridge approaches, some species tend to closely
follow stream corridors and will pass under bridges if suitable conditions are present. Rip rap placed
under bridges can impede or block some wildlife if it spans from streambank to cap. Therefore, the
NCWRC appreciates the proposed bridge designs that will retain the existing rip -rap free benching.
There is forested riparian habitat on either side of the bridges and so wildlife, particularly deer,
regularly pass under the bridges already (see deer trail photo). The channel change at this location
(Site 13) will address an incised stream channel, but it will also make a wide (approx. 25 foot) 2:1
sloped channel that may constitute an impediment to some wildlife, even with the rock embedment.
Therefore, at a minimum, the lower portion of this channel should be top -dressed as needed with
small natural or other material to fill voids and create a smoother surface as noted by detail #27.
These voids may otherwise fill in passively during floods, though the condition could be slow to
develop because of the Class II. Similar treatment of other rip rap structures under the bridges, for
example the deck drain pads, is recommended as practical, though these areas should be less
problematic for wildlife.
Thank you for the opportunity to review this project. Please contact me at david.mcheMkncwildlife.org
or [phone] if you have any questions about these comments.
Cordially,
Dave McHenry, NCWRC Western DOT Coordinator
ec: Jeff Wyatt, NCDOT Division 12 DEO