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HomeMy WebLinkAbout20150225 Ver 1_Scoping Comments_20130713' NCDr ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A Reeder John E. Skvarla, III Governor Acting Director Secretary July 13, 2013 MEMORANDUM TO: Lyn Hardison, Environmental Assistance Coordinator, Washington Regional Office FROM: Michael R. Parker, NCDWQ, Asheville Regional Office f �'� U in SUBJECT: Project No. 13 -0502 Scoping comments on Environmental Assessment for proposed Upgrade to NC Highway 294, from Sunny Point Road (NCSR 1130) to Upper Bear Paw Road (NCSR 1312) in Cherokee County, WBS 38068.1.1, TIP No. R -3622B In reply to the request dated May 28, 2013 in which you requested comments for the above referenced project. Preliminary analysis of the project reveals the potential for multiple impacts to perennial streams and possible jurisdictional wetlands in the project area. More specifically, impacts to: Stream Name River Basin Stream Classification Stream Index Number Bearpaw Creek Hiwassee C 1 -66 Ut to Hickey Branch Hiwassee C 1 -63 -2 Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water Quality request that NCDOT consider the following environmental issues for the proposed project: Project Specific Comments: 1. DWQ has concerns with the parallel orientations of NC 294 and Bearpaw Creek and the unnamed tributary to Hickey Branch. Improvements to NC Highway 294 should be conducted to avoid and minimize direct impacts to Bearpaw Creek, the unnamed tributary to Hickey Branch and associated tributaries and wetlands as much as possible. This may include but is not limited to widening to the roadside opposite of the streams, steeper fill slopes and retaining walls. 2. DWQ has concerns regarding the potential for acidic rock in the project corridor. Preconstruction geotechnical testing should be conducted for the presence of acidic rock. If any acidic rock is found, efforts should be made to avoid and minimize disturbance of these areas. As part of the 401 Water Quality Certification, DWQ may require a treatment and mitigation plan for handling and disposing of acidic rock. SURFACE WATER PROTECTION SECTION - Asheville Regional Office One 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 -8211 NorthCarohna Phone: 828 - 296 -45001 FAX: 828 - 299 -7043 �latura!!f Internet: www.ncwaterquality org An Equal Opportunity t Affirmative Action Employer General Project Comments: 1. 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 with the environmental documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality Certification. 2. Environmental impact statement 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 NCDWQ Stormwater Best Management Practices, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc. 3. 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 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. 4. 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. 5. 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. 6. NCDWQ is very concerned with sediment and erosion impacts that could result from this project NCDOT 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. 7.- An analysis of cumulative and secondary impacts anticipated as a result of this project 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 reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, and rip rap 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. Where streams must be crossed, NCDWQ 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, NCDOT should not install the bridge bents in the creek, to the maximum extent practicable. 10. Whenever possible, NCDWQ 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 shall allow for human and wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents) should not be placed in the stream when possible. 11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pretreated through site appropriate means (grassed swales, preformed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of NCDWQ's Stormwater Best Management Practices. 12. Sediment and erosion control measures should not be placed in wetlands or streams. 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 shall not be permitted to discharge directly into streams or surface waters. 15. 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 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. 16. 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. 17. 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 soif and appropriate native woody species should 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. 18. Unless otherwise authorized placement of culverts and other structures in waters and streams shall be 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. 19. 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 shall 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. 20. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey Activities. 21. 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. 22. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NC DWQ. 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. 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. 24. 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. 25. 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. 26. 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 the construction. Thank you for requesting our input at this time. The DOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Mr. Mike Parker at (828) 296 -4500. cc: Lori Beckwith, US Army Corps of Engineers, Asheville Field Office Chris Militscher, Environmental Protection Agency Joel Setzer, PE, Division 14 Engineer Mark Davis, NCDOT, Division 14 Environmental Officer Marella Buncick, US Fish and Wildlife Service Marla Chambers, NCWRC Transportation Permitting Unit Mike Parker, ARO Scoping Comments for Improvements to NC 294 from NCSR 1130 (Sunny Point Road) to NCSR 1312 (Upper Bearpaw Road)