HomeMy WebLinkAbout20160299_DWQ Comments on FEIS_20070430MEMORANDUM
To: Melba McGee
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
From: Polly Lespinasse, Division of Water Quality, Mooresville Regional Office
Alan W. Klimek, P.E. Director
Division of Water Quality
April 30, 2007
Subject: Comments on the Final Environmental Impact Statement Related to Proposed US 64
Improvements from US 64 Just East of SR 1424 (Stutts Road) to US 64 0.6 Miles Ease of
SR 2345 (Presnell Street) for a Distance of Approximately 14 Miles, Randolph County,
Federal Aid Project No. NHF- 64(19), State Project No. 8.1571401, WBS No. 34450.1.1, TIP
Project No. R -2536, DENR Project Number 07 -0325, Due Date 05/07/2007
This office has reviewed the referenced document dated March 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:
Project Specific Comments:
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,
General Comments:
2. 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 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.
3. Environmental assessment alternatives shall consider design criteria that reduce the impacts to streams
and wetlands from storm water runoff. These alternatives shall 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.
4
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 shall be designed to replace appropriate lost functions
and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation.
NfthCarolina
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North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet h2o.enr.state.rnc.us Mooresville, NC 28115
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Phone(704)663 -1699
Fax (704) 663 -6040
Ms. Melba McGee
Page Two
5. 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.
6. 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.
7. 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.
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. Bridges shall be provided at the crossings over Little Creek, Vestal Creek and North Prong
Richland Creek with minimum lengths totaling 165 feet over each stream as agreed to in the May
25, 2006, Concurrence Point No. 4A Merger Project Team Meeting. 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.
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
will 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.
Ms. Melba McGee
Page Three
16. Bridge deck drains should 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 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, 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.
20. 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.
21. 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.
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 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.
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.
Ms. Melba McGee
Page Four
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 shall
be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants, hydraulic fluids, or other toxic materials.
26. 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 should be properly designed, sized
and installed.
27. 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 Polly Lespinasse at (704) 663 -1699.
cc: Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Felix Davila, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish and Wildlife Service
Sonia Gregory, DWQ Central Office
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