20140938 Ver 2_NCWRC Letter (09182014)_20180611

SEP 1 9 2014
� '; �.
� North Carolina Wildlife Resources Commission �
Gordon Myers, Executive Director
TO: Lori Beckwith, NCDOT Regulatory Project Manager
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Coordinator �;"F`'- ���'7z�'�
Habitat Conservation Program, NCWRC
DATE: September 18, 2014
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No. 162 over Silver Creek on SR 1361 (Old NC 280), Transylvania
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 Engineeis (USACE) 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-ltluough 113-10; 1 NCAC 25 and 42 U.S.C.
4332(2)(c), respectively), the Clean VJater 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. 162 over Silver Creek on SR 1361 (Old NC 280)
with a prefabricated aluminum box culvert, measuring 16' 4" W x 5' 11" H x 3T L. Sills,
baffles and floodplain benches will be incoiporated for fish passage and the culvert will be built
on a 0.5% slope. Proposed peimanent stream impacts include 371inear feet (1 fl for the culvert
and SO lf for floodplain benches and riprap streambank stabilization. Temporaty impacts total
100 ]f for flow diversion. Silver Creek (Class WS-V, B, Trout waters) is not expected to support
significant trout resources downstream the project area; therefore, we are not requesting a Yrout
moratorium. NCDOT has committed to protective measures for rare bat species as prescribed by
the USFWS.
NCWRC does not object to the issuance the 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 162 on SR 1361 (Old NC 280)
Silver Creek, Transylvania Co.
September 19, 2014
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 temporaiy ground disturbing activities to provide appropriate
long-term erosion control.
3. 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 h•ees. Matting in riparian areas should
not contain plastic mesh, which can entangle and h•ap small animals.
4. Stormwater should be directed to buffer areas or retention basins and should not be
routed directly inCo the waterway.
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.
Grading and backfilling should be minimized, and tree and sluub growth should be
retained, if possible, to ensure long term availability of shoreline cover for fish and
wildlife.
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
(uncm�ed) conerete does not contact surface waters. Tbis 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.
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
wateis should be inspected and maintained regularly to prevent contamination of surface
waters fi•om fuels, lubricants, hydraulic fluids or other toxic materials.

Bridge 162 on SR 1361 (Old NC 280)
Silver Creek, Transylvania Co.
September 19, 2014
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding Yhese comments, please contact me at marla.chambers(c�r�ncwildlife.org or (704) 982-
9181.
cc: Amy Chapman, NCDWR
Mark Davis, NCDOT