HomeMy WebLinkAbout20081381 Ver 0_Scoping Comments_20071008OF wA r
X02 QG
? r
O `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 8, 2007
MEMORANDUM
To: Melba McGee, DENR Environmental Coordinator
From: 4C Homewood, Division of Water Quality, Winston-Salem Office
Subject: Comments on the Finding of No Significant Impact related to proposed US 421 (King
Street) from east of NC 194 to US 321, Watauga County, Federal Aid Project No. NHF-
421(31), State Project No. 35015.1.1, TIP U4020.
This office has reviewed the referenced document dated September 17, 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:
Boone Creek is class C; Tr+ waters of the State. DWQ recommends that the most
protective sediment and erosion control BMPs be implemented to reduce the risk of
turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be
conducted in accordance with NC Division of Land Resources and NC Wildlife Resources
Commission requirements. The + sign indicates this water drains to high quality or
outstanding resource waters and additional measures may be necessary for the control of
sediment and turbidity.
2. 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 shall be designed to
replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
3. 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.
4. 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.
5. 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.
-None
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto:Hh2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Sediment and erosion control measures shall not be placed in wetlands or streams.
7. 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.
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.
9. Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may require a Nationwide (NW) 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.
10. 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.
11. 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.
12. 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.
13: 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.
14. 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. .
14. 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. .
15. 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.
16. While the use of National Wetland Inventory (NWT.) 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.
17. 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.
18. 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.
19. 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 Sue Homewood at 336-771-4964 or
sue.homewood@ncmail.net
cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Felix Davila, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
DWQ Winston-Salem Regional Office
DWQ 401 Transportation Permitting Unit