19970093 Ver 1_Memorandum of Understanding_20090223

4
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 23, 2009
MEMORANDUM
To Marc Hamel, Rail Environmental Planning Engineer
Rail Division, Environmental and Planning Branch
From David Wainwright, Division of Water Quality 9?
Subject Comments on the Draft Environmental Impact Statement related to the proposed Global
TransPark Rail Access, WBS No 41739, TIP U-2928, Lenoir County
SCH #09-0197
This office has reviewed the referenced document dated December 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:
All waterbodies within the project area are class C Sw, NSW waters of the State DWQ is very
concerned with sediment and erosion impacts that could result from this project DWQ recommends
that highly protective sediment and erosion control BMPs be implemented to reduce the risk of
nutrient runoff to surface waters DWQ requests that the 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
This project is within the Neuse River Basin Riparian buffer impacts should be avoided and
minimized to the greatest extent possible pursuant to 15A NCAC 213.0233 New development
activities located in the protected 50-foot wide riparian areas within the basin should be limited to
"uses" identified within and constructed in accordance with 15A NCAC 2B .0233 Buffer mitigation
may be required for buffer impacts resulting from activities classified as "allowable with mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules A
buffer mitigation plan, including use of the NC Ecosystem Enhancement Program, must be provided
to DWQ prior to approval of the Water Quality Certification
3 The Neuse River Basin Riparian Buffer Rules are discussed on pages 3-26 and 3-27 With respect to
riparian buffer impacts, the text states, "These systems were originally delineated and approved as
wetlands by the USACE, but have since been declared subject to the Neuse River Buffer Rules by
NCDWQ " Current DWQ guidance is to consider the total riparian buffer areas first, whether they
have been delineated as wetlands or not, for purposes of calculating total riparian buffer impacts
Transportation and Permitting Unit One
1650 Mad Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location 2321 Crabtree Blvd Raleigh, North Carolina 27604 iftf?t+A?/)r/
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However, for purposes of mitigation, applicants should subtract the delineated wetland areas from the
riparian areas Wetland areas within the riparian buffer areas will be required to be mitigated as
impacts to wetlands while the remaining impacts to the riparian buffer areas will need to the mitigated
as impacts to riparian buffers
General Comments:
4 Future environmental documents, as well as the 401 Water Quality Certification application, 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 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
5 Environmental assessment alternatives should consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff These alternatives should include 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
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
and written concurrence from the DWQ 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
7 The Rail Division 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
After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the Rail Division 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
9 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
Transportation and Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604
Phone [phone] FAX [phone]
Internet http l1h2o enr state nc us/ncwetiandsl
NorthCarolina
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lost functions and values The NC Ecosystem Enhancement Program may be available for use as
stream mitigation
10 The DWQ is very concerned with sediment and erosion impacts that could result from this project
These concerns should be addressed by describing the potential impacts that may occur to the aquatic
environments and any mitigating factors that would reduce the impacts
11 Sediment and erosion control measures should not be placed in wetlands or streams
12 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
13 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
14 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
15 Bridge supports (bents) should not be placed in the stream when possible
16 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
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 are constructed, the site should 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 should 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 should not be conducted in a manner that may result in
Transportation and Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd , Raleigh, North Carolina 27604
Phone [phone] FAX [phone]
Internet http //h2o enr state nc us/ncwetlands/
NorthCarohna
Nahmally
An Equal Opportunity \ Affirmative Action Employer
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 DWQ for guidance on how
to proceed and to determine whether or not a permit modification will be required
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 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
23 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
24 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
25 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 David Wainwright at [phone]
cc Tracey Wheeler, US Army Corps of Engineers, Washington Field Office
Clarence Coleman, Federal Highway Administration
Chris Militscher, Environmental Protection Agency (electronic)
Kathy Matthews, Environmental Protection Agency (electronic)
Travis Wilson, NC Wildlife Resources Commission (electronic)
Garcy Ward, DWQ Washington Regional Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd, Raleigh, North Carolina 27604
Phone [phone] FAX [phone]
Internet http /Ih2o enr state no uslncwetlands/
NorthCarolina
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