20170086 Ver 1_Bridge #123 WRC Comments_20181213

� North Carolina Wildlife Resources Commission �
Gordon Myers, Executive Director
February 20, 2017
MEMORANDUM
TO: Steve Kichefski, Regulatory Project Manager
Asheville Regulatory Field Office, USACE
FROM: Marla Chambers, Western NCDOT Coordinator ��ti���- �l��t,��z�
Habitat Conservation Program, NCWRC
SUBJECT: Review of NCDOT's application for Section 404 and 401 permits to replace
Bridge No. 123 over Elijah Estes Mill Creek on SR 1356 (Old Johns River Road),
Caldwell County, North Carolina.
The North Carolina Department of Transportation 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. Staff biologists with the North Carolina
Wildlife Resources Commission 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. 123 over Elijah Estes Mill Creek on SR 1356 (Old
Johns River Road) with a two-barrel box culvert at the same location on a 2.03% slope. Sills will
be placed at the inlet, outlet and middle of the base flow barrel. Permanent stream impacts
include 48 linear feet for the culvert and 75 lf for riprap bank stabilization. Temporary impacts
tota1201f for dewatering.
Elijah Estes Mill Creek, Class B waters, joins Johns River just downstream. Game fish, including
Smallmouth Bass, and several rare species occur at or not far downstream of the confluence.
Significant trout resources are not expected in the project vicinity. The Brook Floater
(Alasmidonta varicosa), a Federal Species of Concern and State Endangered mussel, and other
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

BRIDGE 123, SR 1536 (OLD JOHNS R. RD) PAGE 2 FEBRUARY 20, 2017
ELIJAH ESTES MILL CR., CALDWELL CO.
State Significantly Rare fish and mussel species occur downstream in Johns River. The river in
the project vicinity is part of Johns River/Mulberry Creek Aquatic Habitat, with a special
designation of Natural Area by the Natural Heritage Program. We recommend sediment and
erosion control measures that adhere to the Design Standards in Sensitive Watersheds.
NCWRC does not object to the issuance of the Section 404 and 401 permits provided that the
following conditions are implemented:
Sediment and erosion control measures shall adhere to the Design Standards in Sensitive
Watersheds and be strictly maintained until project completion.
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.
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 trees. Matting in riparian areas should
not contain plastic mesh, which can entangle and trap small animals.
4. Storm water 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.
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.

BRIDGE 123, SR 1536 (OLD JOHNS R. RD) PAGE 3 FEBRUARY 20, 2017
ELIJAH ESTES MILL CR., CALDWELL CO.
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.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at ����.l�..c����m�:���.s�ez)��cw�lc�l��`�.c�r�; or (704) 982-
9181.
cc: Dave Wanucha, NCDWR
Heath Slaughter, NCDOT
Marella Buncick, USFWS