20071470_Staff Comments_20040507

F WATF Mic..:el F. Easley, Governor
O RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C Cam" Alan W. Klimek, P.E. Director
Division of Water Quality
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May 7, 2004
MEMORANDUM
To: Melba McGee From: John Hennessy ;?-2'?L
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Subject: Comments on the State Final Environmental Impact Statement to construct the Western Wake
Freeway from NC 55 at SR 1172 (Old Smithfield Road) to NC 55 near SR 1630 (Alston Avenue
in Wake County, State Project No. 6.408006T, TIP R-2635, DENR Project Number 04-0226.
This office has reviewed the referenced document. 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 preferred alternative, as presented in the EA, will result in impacts to 15
acres of jurisdictional wetlands, and 12,138 linear feet of streams. The project will have impacts to wetlands,
streams, and other surface waters associated with:
The DWQ offers the following comments based on review of the aforementioned document:
A) The DWQ is a participating member of the Merger Team. As such, we support the selection of the
preferred alternative and look forward to working with DOT (and the other agencies) to complete the
planning and permitting of this project.
B) 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. Based on the impacts
described in the document, wetland mitigation will be required for this project in accordance with
Environmental Management Commission's Wetland Rules (I 5A NCAC 2H.0506 (h)(2) 1.
C) In accordance with the Environmental Management Commission's Rules 115A NCAC 2H.0506(b)(6) },
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 should be designed to replace appropriate lost
functions and values. In accordance with the Environmental Management Commission's Rules 115A
NCAC 2H.0506 (h)(3) ), the NC Ecosystem Enhancement Program may be available for use as stream
mitigation.
D) Sediment and erosion control measures should not be placed in wetlands.
E) Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in
borrow/waste areas could precipitate compensatory mitigation.
F) Future documentation should include an itemized listing of the proposed wetland and stream impacts with
corresponding mapping.
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1-800-623-7748

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
G) An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The
type and detail of analysis should conform to the NC Division of Water Quality Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004.
H) Based on the information presented in the document, the magnitude of impacts to wetlands and streams will
require an Individual 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 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.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or
require any additional information, please contact John Hennessy at [phone].
cc: Eric Alsmeyer, Corps of Engineers Washington Field Office
Gary Jordan, USFWS
Travis Wilson, NCWRC
John Hennessy, NCDWQ
File Copy
c:\ncdot\TIP R-2635\comments\R-2635 EIS comments.doc
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1-800-623-7748