20110136 Ver 1_Staff Comments_20070813

O�O�WAT�RQG
r
D �
MEMORANDUM
To: Melba McGee
Michael F. Easley, Governor
William & Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
From: Polly Lespinasse, Division of Water Quality, Mooresville Regional Office
Coleen H. Sullins, Director
Division of Water Quality
August 13, 2007
Subject: Comments on the Finding of No Significant Impact Related to Proposed NC 211 Improvements
from NC 73 in West End to the Traffic Circle in Pinehurst, Pinehurst, Moore County, Federal Aid
Project No. STP- 211(5), State Project No. 8.1560601, WBS Element 34504.1.1, TIP Project R -2812,
DENR Project No. 08 -0038, Due Date 08/28/07
This office has reviewed the referenced document dated May 2007. 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 U.S., 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:
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. The environmental document 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.
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.
Prior to the 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 (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.
In accordance with the Environmental Management Commission's Rules {I 5A NCAC 2H.0506(h)), mitigation will
be required for impacts of greater than 150 linear 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.
6. 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.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
IntemeC www.ncwaterc1uaHty.0r9 Mooresville, NC 28115
An Equal OpportucitylAHirmativo Action Employer — 50% Recycledil C% Post Consumer Paper
Phone [phone]
FAX [phone]
No 1hCarolina
�r�tura!!�

7. 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.
8. All of the streams in the project area are classified as Water Supply (WS) waters, WS -111. Therefore, the potential
for impacts to waters that are used for municipal drinking water is possible. Please locate and identify all water
intakes in the projects study area. In addition, please include their locations in all future documentation. It should
be noted that alternatives to avoid impacts upstream of any water supply intakes will need to be considered during
the development of the project.
All of the streams in the project area are classified as Water Supply (WS) waters, WS -III. Given the potential for
impacts to these resources during the project implementation, the DWQ requests that DOT strictly adhere to North
Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout
design and construction of the project.
10. 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.
11. 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.
12. 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.
13. Sediment and erosion control measures shall not be placed in wetlands or streams.
14. 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.
15. 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.
16. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require
an Individual Permit (IP) 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.
17. Bridge supports (bents) shall not be placed in the stream when possible.
1$. 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.

19. 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 11anagernent Practices.
20. 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.
21. If temporary access roads or detours are constructed, the site steal l 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.
22. 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.
23. 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,
24. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 3494/Nationwide Permit No. 6 for Survey Activities.
25. 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. .
26. 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.
27. 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.
28. 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.
29. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures shall be properly designed, sized and installed.
30. 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 Polly Lespinasse at (704) 663 -1699.
cc: Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Felix Davila, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Sonia Gregory, DWQ Central Office
File Copy