20211241 Ver 2_B-5898 and 3186_DWR 2021241v2_Haywood_NCWRC comments_20230731

9 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
July 31, 2023
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 Permit Modification Application for US 23/74/19 Intersection
Improvements and Replacement of Bridge No.s 155, 158, and 168, Haywood County
B-3186 and 5898, WBS 38332.1.FS1 , DWR 20211241 ver.2
The North Carolina Department of Transportation (NCDOT) applied for a modification of its General
Permit and 401 Certification for stream impacts for the subject project. I am familiar with the project and
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-Ithrough 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 as permitted in 2021 has been redesigned to retain the existing intersection configuration,
which has eliminated modifications to the railroad bridges to the east of the intersection. The project will
still require temporary impacts to Richland Creek and a permanent relocation of an unnamed tributary.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

13-3186/13-5898 Page 2 July 31, 2023
Haywood County
Trout spawning is not likely a concern in this part of Richland Creek, which joins Lake Junaluska a short
distance downstream of the bridges. Therefore, consistent with the NCWRC's prior scoping comments
the trout spawning moratorium can be waived for this project.
The tree clearing moratorium, as generally implemented on projects in Division 14, may be an effective,
conservative measure for tree -roosting bats that may be in the project area. It covers the May to July
timeframe which is particularly important since this is when young bats cannot fly and are vulnerable to
mortality from tree -felling.
In addition to tree -roosting, big brown bats (Eptesicus fuscus) have been seen summer -roosting in bridge no.
107 as well as in bridge no. 155 over Richland Creek. The project redesign no longer requires modification
of bridge no. 107 over the railroad line. Gray bats (Myotis grisescens, US Endangered) have been
documented roosting in bridge no. 186 over Richland Creek upstream of the project bridges. Therefore, the
NCWRC supports reassessing the bridges for bat usage before demolition that may occur during the active bat
seasons. The NCDOT also may wish to clear any deck drains on the bridges during the coming winter to help
deter bat roosting next spring -summer; the brown bat observed roosting on no. 155 was in a clogged deck
drain.
As noted in the application, the stream to be relocated is in poor condition, but it did have some riparian
vegetation that provided stream shading, particularly at its lower end. Therefore, the tree planting on the
narrow benches that were accommodated in the design should help replace those functions. The details in the
drawings note embedment of the rip rap in the stream relocation, though the original plans also included
staggered rip rap sill -like structures in the channel. The staggered sills, if still possible hydraulically, should
provide vertical channel stability while also recreating riffle -pool sequencing as found in portions of the
existing channel.
Thank you for the opportunity to review and provide recommendations on this project. Please contact me
at david.mchenryAncwildlife.org or [phone] if you have any questions about these comments.
Cordially,
Dave McHenry, NCWRC Western DOT Coordinator
cc: Patrick Breedlove, NCDOT Division 14