HomeMy WebLinkAbout20090372 Ver 1_Scoping Comments_20090216Department of Environment and Natural Resources
Project Review Form
Project Number: 09-0203 County: Cumberland
Due Date: 02/26/2009
Date Received: 02/03/2009
Project Description: Proposed improvements to widen NC 210 (Murchison Rd) from NC 24-87-210 (Bragg Blvd) in
Spring Lake to Fayetteville Outer Loop to Cumberland Co TIP No U-4444
is Project is being reviewed as indicated below
Regional Office Regional Office Area In-House Review
Asheville Air Soil & Water Marine Fisheries
Fayetteville Water Coastal Management Water Resources
Mooresville Aquifer Protection Wildlife Environmental Health
Raleigh Land Quality Engineer ? Wildlife - DOT Solid Waste Mgmt
Washington Forest Resources Radiation Protection
Wilmington Land Resources Other
Parks & Recreation
Winston-Salem
Water Quality
? Wate.Quality, yDOT;
Air Quality
Manager Sign-Off/Region
In-House Reviewer/Agency
Response (check all applicable)
No objection to project as proposed No Comment
Insufficient information to complete review Other (specify or attach comments)
If you have any questions, please contact
Melba McGee, Environmental Coordinator at melba.mcgee@ncmail.net
FEB 0 s
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
February 16, 2009
MEMORANDUM
To Melba McGee, NCDENR
From Rob Ridings, Division of Water Quality, Transportation Permitting Unit
Subject Comments on the Finding of No Significant Impact related to proposed widening of NC 210 from
existing NC 24 to proposed Fayetteville Outer Loop, Cumberland County, Federal Aid Project No STP-
210(11), State Project No 36492 12, TIP No U-4444, DENR Clearinghouse No 09-0203
This office has reviewed the referenced document dated received February 6, 2009 The Division of Water Quality
(DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of
the US, including wetlands It is our understanding that the project as presented will result in impacts to jurisdictional
wetlands, streams, and other surface waters The DWQ offers the following comments based on review of the
aforementioned document
Protect Specific Comments,
1 This project is being planned as part of the 404/NEPA Merger Process As a participating team member, the NCDWQ
will continue to work with the team
2 Cross Creek, Little Cross Creek and their tributaries are class WS-IV, 303(d) waters of the State DWQ is very
concerned with sediment and erosion impacts that could result from this project DWQ recommends that the most
protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to these waters DWQ
requests that road design plans provide treatment of the storm water runoff through best management practices as detailed
in the most recent version of NC DWQ Stormwater Best Management Practices
General Comments:
The permit application shall provide a detailed and itemized presentation of the proposed impacts to wetlands and
streams with corresponding mapping If mitigation is necessary as required by 15A NCAC 2H 0506(h), it is
preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation
Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification
2 Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams and wetlands
from storm water runoff These alternatives shall include road designs that allow for treatment of the storm water
runoff through best management practices as detailed in the most recent version of Stormwater Best Management
Practices, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc
Transportation Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 27699 1650
Location 2321 Crabtree Blvd Raleigh North Carolina 27604
Phone 919-733-17861 FAX 919 733 6893
Internet http h1h2o enr state nc uslncwetlandsl
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
3 After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the
NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to
wetlands (and streams) to the maximum extent practical In accordance with the Environmental Management
Commission's Rules f 15A NCAC 2H 0506(h)), mitigation will be required for impacts of greater than 1 acre to
wetlands In the event that mitigation is required, the mitigation plan shall be designed to replace appropriate lost
functions and values The NC Ecosystem Enhancement Program may be available for use as wetland mitigation
4 In accordance with the Environmental Management Commission's Rules 115A NCAC 2H 0506(h)), mitigation will
be required for impacts of greater than 1501mear feet to any single perennial stream In the event that mitigation is
required, the mitigation plan shall be designed to replace appropriate lost functions and values The NC Ecosystem
Enhancement Program may be available for use as stream mitigation
Future documentation, including the 401 Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping
6 DWQ is very concerned with sediment and erosion impacts that could result from this project NC DOT shall
address these concerns by describing the potential impacts that may occur to the aquatic environments and any
mitigating factors that would reduce the impacts
7 a An analysis of cumulative and secondary impacts anticipated as a result of this project is required The type and
detail of analysis shall conform to the NC Division of Water Quality Policy on the assessment of secondary and
cumulative impacts dated April 10, 2004
8 NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and
clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included in the final impact calculations
These impacts, in addition to any construction impacts, temporary or otherwise, also need to be included as part of
the 401 Water Quality Certification Application
Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts However, we realize that
economic considerations often require the use of culverts Please be advised that culverts shall be countersunk to
allow unimpeded passage by fish and other aquatic organisms Moreover, in areas where high quality wetlands or
streams are impacted, a bridge may prove preferable When applicable, DOT should not install the bridge bents in
the creek, to the maximum extent practicable
10 Sediment and erosion control measures shall not be placed in wetlands or streams
11 Borrow/waste areas shall avoid wetlands to the maximum extent practical Impacts to wetlands in borrow/waste
areas will need to be presented in the 401 Water Quality Certification and could precipitate compensatory
mitigation
12 The 401 Water Quality Certification application will need to specifically address the proposed methods for
stormwater management More specifically, stormwater shall not be permitted to discharge directly into streams or
surface waters
Transportation Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 1650 NorthCarolina
Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604 y r //
Phone 919-733-17861 FAX 919 733 6893 atz` a``y
Internet http /1h2o enr state nc us/ncwetlands/
An Equal Ooportunny ? Affirmative Kction Employer
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NC®EN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
13 Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require
an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification
Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure
that water quality standards are met and no wetland or stream uses are lost Final permit authorization will require
the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ Please be aware
that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to
the maximum extent practical, the development of an acceptable storinwater management plan, and the inclusion of
appropriate mitigation plans where appropriate
14 Whenever possible, the DWQ prefers spanning structures Spanning structures usually do not require work within
the stream or grubbing of the streambanks 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 fish
passage and do not block navigation by canoeists and boaters
15 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge and
pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc ) before
entering the stream Please refer to the most current version of NC DWQ Stormwater Best Management Practices
16 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills
17 If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and
elevations Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species
shall be planted When using temporary structures the area shall be cleared but not grubbed Clearing the area with
chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows
the area to re-vegetate naturally and minimizes soil disturbance
18 Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life
Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required
19 If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream
channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
20 If foundation test borings are necessary, it shall be noted in the document Geotechnical work is approved under
General 401 Certification Number 3687/Nationwide Permit No 6 for Survey Activities
Transportation Permitting Unit
1650 Mail Service Center Raleigh, North Carolina 27699 1650
Location 2321 Crabtree Blvd Raleigh, North Carolina 27604
Phone 919-733-17861 FAX 919 733 6893
Internet http h1h2o enr state nc us,ncwetlands/
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
21 Sediment and erosion control measures sufficient to protect water resources must be implemented and maintained in
accordance with the most recent version of North Carolina Sediment and Erosion Control Planning and Design
Manual and the most recent version of NCS000250
22 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the
most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water
23 While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland Significance
(NC-CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require that qualified
personnel perform onsite wetland delineations prior to permit approval
24 Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize sedimentation
and reduce the likelihood of introducing other pollutants into streams This equipment shall be inspected daily and
maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic
materials
25 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage B>oenglneermg boulders or structures shall be properly designed, sized and installed
26 Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction
The NCDWQ appreciates the opportunity to provide comments on your project Should you have any questions or
require any additional information, please contact Rob Ridings at (919) 733-9817
cc Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Clarence Coleman, Federal Highway Administration
Gregory J Thorpe, Ph D, NCDOT PDEA
Jim Rerko, Division 6 Environmental Officer
Ken Averitte, DWQ Fayetteville Regional Office
File Copy
Transportation Permitting Unit
1650 Mall Service Center, Raleigh, North Carolina 27699 1650
Location 2321 Crabtree Blvd Raleigh North Carolina 27604
Phone 919-733 17861 FAX 919-733 6893
Internet http //h2o enr state nc us/ncwetlands/
NorthCarohna
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An Equal Opportunity 1 Affirmative ?cuon Employer
C®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
February 16, 2009
MEMORANDUM
To Melba McGee, NCDENR
From Rob Ridings, Division of Water Quality, Transportation Permitting Unit /< C
Subject Comments on the Finding of No Significant Impact related to proposed widening of NC 210 from
existing NC 24 to proposed Fayetteville Outer Loop, Cumberland County, Federal Aid Project No STP-
210(11), State Project No 36492 12, TIP No U-4444, DENR Clearinghouse No 09-0203
This office has reviewed the referenced document dated received February 6, 2009 The Division of Water Quality
(DWQ) is responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of
the US, including wetlands It is our understanding that the project as presented will result in impacts to jurisdictional
wetlands, streams, and other surface waters The DWQ offers the following comments based on review of the
aforementioned document
Project Specific Comments.
1 This project is being planned as part of the 404/NEPA Merger Process As a participating team member, the NCDWQ
will continue to work with the team
2 Cross Creek, Little Cross Creek and their tributaries are class WS-IV, 303(d) waters of the State DWQ is very
concerned with sediment and erosion impacts that could result from this project DWQ recommends that the most
protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to these waters DWQ
requests that road design plans provide treatment of the storm water runoff through best management practices as detailed
in the most recent version of NC DWQ Stormwater Best Management Practices
General Comments:
The permit application shall provide a detailed and itemized presentation of the proposed impacts to wetlands and
streams with corresponding mapping If mitigation is necessary as required by 15A NCAC 2H 0506(h), it is
preferable to present a conceptual (if not finalized) mitigation plan with the environmental documentation
Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification
2 Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams and wetlands
from storm water runoff These alternatives shall include road designs that allow for treatment of the storm water
runoff through best management practices as detailed in the most recent version of Stormwater Best Management
Practices, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 1650
Location 2321 Crabtree Blvd Raleigh North Carolina 27604
Phone 919-733-1786 \ FAX 919 733 6893
Internet http //h2o enr state nc uslncwetlands/
NorthCarohna
,Vatura!!if
An Equal Opportunitv t Affirmative Acuon Employer
A kpi;W
NCDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
13 Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require
an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification
Please be advised that a 401 Water Quality Certification requires satisfactory protection of water quality to ensure
that water quality standards are met and no wetland or stream uses are lost Final permit authorization will require
the submittal of a formal application by the NCDOT and written concurrence from the NCDWQ Please be aware
that any approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to
the maximum extent practical, the development of an acceptable stormwater management plan, and the inclusion of
appropriate mitigation plans where appropriate
14 Whenever possible, the DWQ prefers spanning structures Spanning structures usually do not require work within
the stream or grubbing of the streambanks 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 fish
passage and do not block navigation by canoeists and boaters
15 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across the bridge and
pre-treated through site-appropnate means (grassed swales, pre-formed scour holes, vegetated buffers, etc ) before
entering the stream Please refer to the most current version of NC DWQ Stormwater Best Management Practices
16 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills
17 If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours and
elevations Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species
shall be planted When using temporary structures the area shall be cleared but not grubbed Clearing the area with
chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root mat intact allows
the area to re-vegetate naturally and minimizes soil disturbance
18 Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life
Design and placement of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or
upstream and down stream of the above structures The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by DWQ If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required
19 If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream
channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage
20 If foundation test borings are necessary, it shall be noted in the document Geotechmcal work is approved under
General 401 Certification Number 3687/Nationwide Permit No 6 for Survey Activities
Transportation Permitting Unit
1650 Mail Service Center, Raleigh North Carolina 27699 1650
Location 2321 Crabtree Blvd Raleigh North Carolina 27604
Phone 919-733 17861 FAX 919 733 6893
Internet http t,1h2o enr state nc us,ncwetlands/
NorthCarohna
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An Equal Opportunity t affirmative Acl on Ennloyer