20131123 Ver 1_WRC Comments_20131119

�013 1 � ��
� North Carolina Wildlife Resources Commission �
Gordon Myers, Executive Director
TO
FROM:
DATE
Lori Beckwith, NCDOT Regulatory Project Manager
Asheville Regulatory Field Office, USACE
Marla Chambers, Western NCDOT Projects Coordinator
Habitat Conservation Program, NCWRC
November 19, 2013
��.� ��.a-ri��.,�
�� SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No. 17 over Owl Creek on SR 1340 (Owl Creek Road), Cherokee 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 (USACE) and a 401 Water
Quality Certification from the NC Division of Water Resources (NCDWR). Staff biologists witli
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.) 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 Bridge No. 17 over Owl Creek on SR 1340 (Owl Creek Road)
with a 30' W x 45' L concrete cored slab bridge using staged construction. Permanent impacts
include 45 linear feet (1� of stream for riprap bank stabilization and <0.01 acres of wetland fill.
Temporary impacts consist of 100' for flow diversion around the work area and <0.01 acres of
wetland impact for construction access. Owl Creek (Class C) flows about 3.2 miles downstream
to Hanging Dog Creek and then about 4.6 miles to Hiawassee Lake. The rare iish, Sicklefin
Redhorse (Moxastoma sp.2), a designated candidate species, occurs downstream in Hanging Dog
Creek. We do not expect significant trout resources downstream of this project and therefore,
are not requesting a trout moratorium. .
NCWRC can concur with the issuance of Section 404 and 401 permits provided that the
following conditions are implemented:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh NC 27699-1721
Telephone: [phone] • Fax: [phone]

Bridge No. 17, SR 1340
Owl Creek, Cherokee Co. 2 . November 19, 2013
1. Stringent sedimentation and erosion control measures must be implemented and
maintained on the project site until project completion to avoid impacts to downstream
aquatic resources.
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 ar.eas 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 crossing
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. When 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 strictly prohibited:
11. 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.

Bridge No. 17, SR 1340
Owl Creek, Cherokee Co.
November 19, 2013
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: Amy Chapman, NCDWR
Mark Davis, NCDOT