19990223 Ver 1_Information Letter_20080331

?F W ATF? ?? ?? ?? Michael F. Easley, Governor
i
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q -? Coleen H. Sullins, Director
Division of Water Quality
March 31, 2008
MEMORANDUM
To: Melba McGee, Environmental Coordinator
From: Polly Lespinasse, Division of Water Quality, Mooresville Regional Office
Subject: Comments on the Final Environmental Impact Statement for the Proposed US 74
Shelby Bypass, Cleveland County, Federal Aid Project No. NHF-74(14), State
Project No. 8.1801001, WBS Number 34497.1.2, TIP No. R-2707, DENR Project
Number 08-0269 (Reference 99-0289 - Comments in Appendix B)
This office has reviewed the referenced document dated January 2008. 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:
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. Review of the project reveals the presence of surface waters classified as Water Supply Critical
Area in the project study area. 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 .0124) throughout design and
construction of the project. This applies to all areas that drain to streams having WS CA (Water
Supply Critical Area) classifications. This includes all tributaries upstream of Moss Lake and on the
First Broad River and its upstream tributaries.
3. The NCDOT will be required to design, construct, and maintain hazardous spill catch basin(s) on the
main stem of the First Broad River and its associated tributaries. The number of catch basins
installed should be determined by the design of the bridge(s), so that runoff would enter said
basin(s) rather than flowing directly into the stream, and in consultation with the DWQ.
General Comments:
The environmental document should 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 21-1.0506(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.
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North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Intemet: h2o.enr.state.nc.us Mooresville, NC 28115
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2. Environmental assessment alternatives should consider design criteria that reduce the impacts
to streams and wetlands from storm water runoff. These alternatives should include road
designs that allow for treatment of the storm water runoff through best management practices as
detailed in the most recent version of NC DWQ Stormwater Best Management Practices, such
as grassed swales, buffer areas, preformed scour holes, retention basins, etc.
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 {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 should 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 {15A 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 should be designed
to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program
may be available for use as stream mitigation.
5. Future documentation, including the 401 Water Quality Certification Application, should 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 should 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. An analysis of cumulative and secondary impacts anticipated as a result of this project is
required. The type and detail of analysis should 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.
9. 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 should 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 should not be placed in wetlands or streams.
11. Borrow/waste areas should 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.
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12. The 401 Water Quality Certification application will need to specifically address the proposed
methods for stormwater management. More specifically, stormwater should not be permitted to
discharge directly into streams or surface waters.
13. 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.
14. Bridge supports (bents) should not be placed in the stream when possible.
15. 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.
16. 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.
17. If concrete is used during construction, a dry work area should be maintained to prevent direct
contact between curing concrete and stream water. Water that inadvertently contacts uncured
concrete should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills.
18. If temporary access roads or detours are constructed, the site shall be graded to its
preconstruction contours and elevations. Disturbed areas should be seeded or mulched to
stabilize the soil and appropriate native woody species should be planted. When using
temporary structures the area should 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.
19. 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.
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20. If multiple pipes or barrels are required, they should 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.
21. If foundation test borings are necessary; it should be noted in the document. Geotechnical work
is approved under General 401 Certification Number 3494/Nationwide Permit No. 6 for Survey
Activities.
22. 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. .
23. All work in or adjacent to stream waters should 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 should be
used to prevent excavation in flowing water.
24. 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.
25. Heavy equipment should 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 should be inspected daily and maintained to prevent contamination of surface
waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials.
26. Riprap should 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 should be
properly designed, sized and installed.
27. Riparian vegetation (native trees and shrubs) should 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 [phone].
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Ron Lucas, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Sonia Gregory, DWQ Central Office
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