20151218 Ver 1_P-4405I,J,K EA Comments_20150629

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F'�t McCrory
Governor
MEMORANDUM
To:
From:
June 29, 2015
Lyn Hardison, SEPA Coordinator
Dave Wanucha, Division of Water Resources, Winston Salem Regional Office
C�onald uan der Vaart
S�cr�tary
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Subject: Comments on the Environmental Assessment related to Proposed Private Crossing Closures with
the NC Railroad/Norfolk Southern Railway at Gordon Thomas Drive (TIP P-4405I), Greenbriar
Drive (TIP P4405J) and Byrdsville Road (TIP P-4405K) in Orange County. Project No. 15-0645.
This office has reviewed the referenced documents dated May 6 and 26, 2015. The NC Division of Water
Resources (NCDWR) 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 thai the project as presented will result in
impacts to jurisdictional wetlands, streams, and other surface waters. The NCDWR offers the following comments
based on review of the aforementioned documents:
Project Speci6c Comments:
Stony Creek and its UTs [27-2-13-(2)] and Rhodes Creek and its UTs (27-2-14) within the project area, are
classified as Nutrient Sensitive Waters (NSW) and Water Supply (WS-IV) waters of the State. The NCDWR
is very concerned with sediment and erosion impacts that could result from this project. The NCDWR
recommends that highly protective sediment and erosion control BMPs be implemented to reduce the risk of
nutrient runoff to each Creek. Additionally, to meet the requirements of NCDOT's NPDES permit
NCS000250, the NCDWR requests that road design plans provide treatment of the storm water runoff through
best management practices as detailed in the most recent version of the North Carolina Department of
Transportation Stormwater Best Management Practices Toolbox manual.
This project is within the Neuse River Basin. Riparian buffer impacts shall be avoided and minimized to the
greatest extent possible pursuant to 15A NCAC 02B .0233. 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 I SA NCAC 02B .0233. 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 the NCDWR prior to approval of the Water Quality
Certif cation.
General Comments:
1. To meet the requirements of NCDOT's NPDES permit NCS000250, these alternatives should include road
designs that allow for treatment of the storm water runoff through best management practices as detailed in
the most recent version of the North Carolina Department of Transportation Stormwater Best Management
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: 939-F907-63001 Inier€tet; www.nt;denr.gav
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Practices Toolbox manual, which includes BMPs such as grassed 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 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 mirigarion plan shall be designed
to replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be available
for use as wetland mitigation.
3. 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 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.
4. The 401 Water Quality Certification Application, shall include an itemized listing of the proposed wetland,
buffer and stream impacts with corresponding mapping.
5. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The
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.
6. 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 Resources Policy on the assessment of
secondary and cumulative impacts dated Apri] ] 0, 2004.
7. The 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.
8. Sediment and erosion control measures should not be placed in wetlands or streams.
9. 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.
10. 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.
11. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require a Nationwide (NW) 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 NCDWR. 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 sYormwater management plan, and ±he inclusion af appropriate mitigation plans where appropriate.

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12. 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.
13. Unless otherwise authorized, placement of culverts and other structures in waters and streams 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 ar
streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR.
[f this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit
modification will be required.
14. 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, floodplain benches, and/or sills may be
required wbere 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.
15. 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.
16. 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 the 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.
17. 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.
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 should 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 NCDWR appreciates the opportunity to provide comments on your project. Should you have any questions or
require any additional information, please contact Dave Wanucha at (336) -776-9703 or [e-mail].
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
NC Division of Water Resources Raleigh Central Office
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