20120377_Environmental Assessment_20091015

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
Mr. Rob Ridings
NC DENR
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Mr. Ridings:
SUBJECT: Federal Environmental Assessment for Hopson Road Grade Separatior
and North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS)
Track Realignment and Church Street Closure and Street Realignment,
Durham County, TIP Project U-4716, WBS Project 39080.1.1
Attached is a copy of the Environmental Assessment (EA) for the subject proposed
railroad and highway improvements. It is anticipated this project will be processed with
"Finding of No Significant Impact"; however, should comments received on the
Environmental Assessment or at the public hearing demonstrate a need for preparing a
Draft Environmental Impact Statement, you will be contacted as part of our scoping
process.
Copies of this EA are being submitted to the State Clearinghouse, areawide planning
agencies, and the counties, towns, and cities involved.
Permit review agencies should note it is anticipated Federal Permits will be required as
discussed in the report.
Any comment you have concerning the EA should be forwarded to:
Marc Hamel, Rail Project Development Engineer
N. C. Department of Transportation
1553 Mail Service Center
October 14, 2009
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?F`k, ny ` 5 2009 Q
EUGENE A. CONTI, JR.
srcltrImn
Raleigh, North Carolina 27699-1553
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
RAIL DIVISION
1 553 MAIL SERVICE CENTER
RALEIGH. NC 27699-1553
TELEPHONE: [phone]
FAX: [phone]
WEBSITE WWW SYTRAIN.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH. NC
Your comments should be received by November 25, 2009. If you desire a copy of the
"Finding of No Significant Impact," please so indicate.
Sincerely,
Marc Hamel, Rail broect Development Engineer
Environmental and Planning Branch
MH/csf
Attachment
Department of Environment and Natural Resources
Office of Legislative and Intergovernmental Affairs
Project Review Form
Project Number County . Date Received Date Response Due (finn deadline)
LID l3 O L co 0
This 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
Mooresville Aquifer Protection Wildlife -VC-6.Ur,
Raleigh Land Quality Engineer _ Forest Resources
Washington _ Water Resources - Environmental Health
Wilmington ., Parks & Recreation - Waste Mgmt
Winston-Salem )( W.ate 4ua it - Radiation Protection

Air Quality _ Other
Manager Sign-OR/Region: Date: In-House Reviewer/Agency:
all
No objection to project as proposed
_ No comment
Insufficient information to complete review
Other (specify or attach comments)
RETURN TO:
Melba McGee
Environmental Coordinator
1601 Mail Service Center
Raleigh, NC 27699-1601
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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
October 27. 2009
MEMORANDUM
To: Melba McGee
From: Rob Ridings, Division of Water Quality, Transportation Permitting Unit / Y
.
Subject: Comments on the Environmental Assessment related to proposed Hopson Road &
Church Street Rail and Roadway Improvements, Durham County, State Project No.
39080.1.1, TIP No. U-4716.
This office has reviewed the referenced document dated received October 14, 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 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. Stirrup Iron Creek, Burdens Creek and Kit Creek are class C; 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 these streams and their tributaries. 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.
2. This project is within the Neuse River Basin and the Jordan Lake Basin. Riparian buffer impacts shall
be avoided and minimized to the greatest extent possible pursuant to 15A NCAC 213.0233 and 15A
NCAC 213.0267. New development activities located in the protected 50-foot wide riparian areas within
the basin shall be limited to "uses" identified within and constructed in accordance with 15A NCAC
213.0233 and 15A NCAC 2B.0267. 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.
General Comments:
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
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, Noth Carolina 27604
Phone: [phone] k FAX: [phone]
Internet: hdp://h2o.encstale.nc us lmellands/
NorthCarolina
Naturally
An Equal Opponunily l Atfinnative Anon Employer
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.
13. Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may require an Nationwide 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. Bridge supports (bents) shall 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 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.
18. 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.
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,
The NCDWQ appreciates the opportunity to provide comments on your project. Shall you have any
questions or require any additional information, please contact Rob Ridings at 919-733-9817.
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Marc Hamel, NCDOT Rail Division
Chris Murray, Division 5 Environmental Officer
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