20120996_Memorandum of Understanding_20111129

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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
November 29 2011
MEMORANDUM
To Marc Hamel Manager of Environmental Programs NCDOT Rail
From Amy Euliss Division of Water Quality Winston Salem Regional Office
Sub�ect Comments on the Environmental Assessment related to proposed construction of a
second track and safety improvements along the NCRR from Thomasville (Bowers) to
Lexmgton (Lake) m Davidson County TIP C 4901A WBS no 49010 1 STR02T2
This office has reviewed the referenced document dated October 2011 The NC Division of Water
Quality (NCDWQ) is responsible for the issuance of the Section 441 Water Quality Certification for
actrvrties that impact Waters of the U S mcluding wetlands It is our understandmg that the pro�ect as
presented will result m impacts to�urisdictional wetlands streams and other surface waters NCDWQ
offers the following comments based on review of the aforementioned document
Pro�ect Specific Comments
Abbots Creek Rich Fork Creek and Hamby Creek are class C 303(d) waters of the State Abbotts
Creek is on the 2010 303(d) list for impaired use for aquatic life due to copper ecological and
biological mtegrity and turbidity Rich Fork Creek is listed for ecological and biological integrrty and
fecal coliform Hamby Creek is listed for copper ecological and biological integrity and fecal
coliform NCDWQ is very concerned with sediment and erosion impacts that could result from this
pro�ect NCDWQ recommends that the most protective sediment and erosion control BMPs be
implemented in accordance with Design Standards tn Sensctrve Watersheds to reduce the risk of
nutrient runoff to Abbotts Creek Rich Fork Creek Hamby Creek and their unnamed tributaries
NCDWQ requests that rail design plans provide treatment of the storm water runoff through best
management practices as detailed in the most recent version of NCDWQ s Stormwater Best
Management Practrces
General Comments
The environmental document shall provide a detailed and rtemized presentation of the proposed
impacts to wetlands and streams wrth corresponding mapping If mrtigation 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
2 Environmental assessment alternatives shall consider design crrteria that reduce the impacts to
streams and wetlands from storm water runoff These alternatives shall mclude rail designs that
allow for treatment of the storin water runoff through best management practices as detailed in the
North Carolina Drvision of Water Quality Winston Salem Regional Office
Location 585 Waughtown St Winston Salem North Carolina 27107 �IIE
Phone [phone] \ FAX [phone] Customer Service 1 877-&23 6748 NorthCarolina
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most recent version of NCDWQ s Stormwater Best Management Practrces such as ;rassed swales
buffer areas preformed scour holes retention basins etc
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 maYimum extent practical In
accordance wrth 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
mrtigation is required the mitigation plan should be designed to replace appropnate lost functions
and values The NC Ecosystem Enhancement Program may be available for use as wetland
mrtigation
4 In accordance wrth the Env�ronmental Management Commission s Rules { 15A NCAC
2H 0506(h)} mrtigation will be required for impacts of greater than 1501inear feet to any smgle
stream In the event that mrtigahon is required the mrtigation plan shall be designed to replace
appropriate lost functions and values The NC Ecosystem Enhancement Program may be available
for use as stream mrtigation
5 Future documentation mcluding the 401 Water Quality Certification Application should continue
to tnclude an itemized listmg of the proposed wetland and stream impacts with corresponding
mappmg
6 NCDWQ is very concerned wrth sediment and erosion impacts that could result from this pro�ect
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mrtigating factors that would reduce the impacts
7 An analysis of cumulative and secondary impacts anticipated as a result of this pro�ect 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
8 NCDOT is respectfully remmded that all impacts mcludmg but not ltmited to bridging fill
excavation and cleanng and np rap to �urisdictional wetlands streams and ripanan buffers need to
be included in the final impact calculations These impacts in addrtion to any construction impacts
temporary or otherwise also need to be included as part of the 401 Water Quality Certification
Application
Where streams must be crossed NCDWQ prefers bndges 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 NCDOT should not mstall the bridge bents m the creek to the
maximum extent practicable
10 Whenever possible NCDWQ prefers spannmg 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 shall allow for human and
wildlife passage beneath the structure Fish passage and navtgation by canoeists and boaters shall
not be blocked Bridge supports (bents) shall not be placed in the stream when possible

11 Bridge deck drams shall not discharge directly mto 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
NCDWQ s Stormwater Best Management Practrces
12 Sediment and erosion control measures shall not be placed m wetlands or streams
13 Borrow/waste areas shall avotd 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
preciprtate compensatory mrtigation
14 The 401 Water Quality Certification applicat�on will need to specifically address the proposed
methods for stormwater management More specifically stor�nwater shall not be perinitted to
discharge directly mto streams or surface waters
15 Based on the information presented m the document the magnrtude of impacts to wetlands and
streams may require an Individual Permrt (IP) application to the Corps of Engmeers 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 permrt authorization will require the subm�ttal
of a formal application by the NCDOT and written concurrence from NCDWQ Please be aware
that any approval will be contmgent 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
16 If concrete is used durmg construction a dry work area shall be mamtained 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
17 If temporary access roads or detours are constructed the srte shall be graded to rts preconstruction
contours and elevations Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate natrve woody species shall be planted When using temporary structures the area shall
be cleared but not grubbed Clearing the area wrth chain saws mowers bush hogs or other
mechanized equ�pment and leaving the stumps and root mat mtact allows the area to re vegetate
naturally and minimizes soil disturbance
18 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 wrth 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
mcludmg temporary erosion control measures shall not be conducted in a manner that may result m
dis equilibrium of wetlands or streambeds or banks ad�acent to or upstream and down stream of the
above structures The applicant is required to provide evidence that the equilibrium is bemg
maintamed if requested in wrrting by NCDWQ If th�s condrtion is unable to be met due to bedrock
or other limiting features encountered during construction please contact the NCDWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required
19 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section
as closely as possible includmg pipes or barrels at flood plain elevation floodplam benches and/or
sills may be required where appropriate Widenmg the stream channel shall be avoided Stream

channel widening at the mlet or outlet end of structures typically decreases water velocity causing
sediment deposition that requires increased mamtenance and disrupts aquatic life passage
20 If foundation test borings are necessary rt shall be noted m the document Geotechn�cal work is
approved under Genera1401 Certification Number 3687/Nationwide Perm�t No 6 for Survey
Activrties
21 Sediment and erosion control measures sufficient to protect water resources must be implemented
and mamtained in accordance with the most recent version of North Carolina Sediment and Erosion
Control Plannmg and Design Manual and the most recent version of NCS000250
22 All work m or ad�acent to stream waters shall be conducted in a dry work area Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activrties
manual such as sandbags rock berms cofferdams and other diversion structures shall be used to
prevent excavation m flowmg water
23 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 mherent
inaccuracies require that qualified personnel perform onsrte wetland delineations prior to permrt
approval
24 Heavy equipment shall be operated from the bank rather than �n stream channels in order to
minimize sedimentation and reduce the likelihood of mtroducmg other pollutants into streams This
equtpment should be inspected daily and maintamed to prevent contamination of surface waters
from leaking fuels lubricants hydraulic fluids or other toxic materials
25 Riprap shall not be placed m the active thalweg channel or placed m the streambed in a manner that
precludes aquatic life passage Bioengineermg boulders or structures shall be properly designed
sized and mstalled
26 R�parian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible
Riparian vegetation must be reestablished withm the construction ltmits of the pro�ect by the end of
the growmg season following completion of construction
NCDWQ appreciates the opportunity to provide comments on your pro�ect Shall you have any questions
or require any addrtional information please contact Amy Euliss at [phone]
cc John Thomas US Army Corps of Engmeers Raleigh Field Office
Chris Milistcher Environmental Protection Agency (electronic copy only)
Marla Chambers NC Wildlife Resources Commission (electronic copy only)
Wetlands/ 401 Transportation Permitting Unit
File Copy