20211528 Ver 2_WRC Bridge560166_404401_TerryFk_Madison_NCWRCComments_20230209

® North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Lori Beckwith, NCDOT Project Manager
Asheville Regulatory Field Office, USACE
FROM: Andrea Leslie, NC Wildlife Resources Commission
Habitat Conservation Program
DATE: December 22, 2021
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace a
bridge on SR 1533 on Terrys Fork, Madison County, North Carolina
The North Carolina Department of Transportation (NCDOT) has submitted an application to
obtain a Section 404 Permit from the U.S. Army Corps of Engineers and a 401 Water Quality
Certification from the NC Division of Water Resources (NCDWR). 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 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.), the Endangered
Species Act (16 U. S. C. 1531-1543; 87 Stat 884), and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d), as applicable.
The NCDOT proposes to replace a bridge on SR 1533 on Terrys Fork with double concrete box
culvert (each opening 9 ft x 6 ft). One opening of the culvert will function as a high flow culvert.
Permanent impacts include 85 ft due to the culvert and 20 ft from riprap bank stabilization.
Temporary impacts total 55 ft for stream dewatering.
NCWRC recommends against replacing a bridge with a culvert as proposed for this project.
Spanning structures usually do not require work within the stream and do not require stream
channel realignment. The horizontal and vertical clearances provided by bridges allow for
human and wildlife passage beneath the structure, do not block aquatic organism passage, and do
not block navigation by boaters.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

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Terrys Fk, Madison County
Project activities should not impact wild trout reproduction, and a trout moratorium is not needed
for this project.
NCWRC does not object to the issuance of the Section 404 and 401 permits provided that the
following conditions are implemented:
Sedimentation and erosion control measures sufficient to protect aquatic resources must
be implemented prior to any ground disturbing activities. Structures should be maintained
regularly, especially following rainfall events.
2. 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.
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. The matting shall be well anchored with staples or wooden stakes and,
whenever possible, include live stakes of native trees. Matting in riparian areas should
not contain plastic mesh, which can entangle and trap small animals.
4. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly into the waterway.
5. The natural dimension, pattern, and profile of the waterway above and below the
crossings should not be modified by widening the channel or changing the depth of the
waterway.
6. 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.
7. 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.
8. Where practicable, 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.
9. 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.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment
in or adjacent to surface waters is prohibited.

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Terrys Fk, Madison County
11. Heavy equipment should be operated from the bank rather than in the channel whenever
possible 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 andrea.leslie(cr�ncwildlife.or or 828-400-4223.
cc: Kevin Mitchell, NCDWR
Roger Bryan, NCDOT