20081051 Ver 3_Scoping Comments_20090128

Aei * AM a -
NCDENR
North Carolina Department of Environment and
Bevei ly Eaves Perdue, Governor
MEMORANDUM
To. Melba McGee, Environmental Coordinator
Natural Resources
Dee Freeman, Secretary
January 28, 2009
From. Polly Lespinasse, NC Division of Water Quality, Mooresville Regional Office
Subject. Scoping Comments on Proposed Widening of 1-77 from North of 1-277/NC 16 (Brookshire
Freeway) to 1-85 in Charlotte in Mecklenburg County, Federal Aid Project No STP NHF-
77-1, WBS No 34181 1 1, TIP No. 1-3311 E, DENR Project No 09-0178, Due Date 02/09/09
Please reference the correspondence dated January 15, 2009, 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 jurisdictional wetlands in the project area More specifically, impacts to
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Irwin Creek Catawba Class C/ 11-137-1
303(d) Listed for turbidity, fecal coliform
and impaired biological integrity
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 (DWQ) requests that NCDOT consider the following environmental issues for the proposed
project
Project Specific Comments
Irwin Creek is a Class C, 303(d) Waters of the State Irwin Creek is on the 303(d) list for impaired use for
aquatic life due to turbidity, fecal coliform and impaired biological integrity DWQ is very concerned with
sediment and erosion impacts that could result from this project DWQ recommends that the most
protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to
Irwin Creek DWQ requests that road design plans provide treatment of the storm water runoff through
best management practices as detailed in the most recent version of NCDWQ Stormwater Best
Management Practices
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
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General Project 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 should consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff 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 NC DWQ Stormwater Best Management Practices, such as grassed swales, buffer areas,
preformed scour holes, retention basins, etc
4 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
should be designed to replace appropriate lost functions and values The NC Ecosystem Enhancement
Program may be available for use as wetland mitigation
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 should be designed to replace appropriate lost
functions and values The NC Ecosystem Enhancement Program may be available for use as stream
mitigation
6 DWQ is very concerned with sediment and erosion impacts that could result from this project NCDOT
should 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 If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ believes the
use of a Nationwide Permit may be required Please contact the US Army Corp of Engineers to
determine the required permit(s)
8 If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless
otherwise authorized by the US ACOE Strict adherence to the Corps of Engineers guidelines for bridge
demolition will be a condition of the 401 Water Quality Certification
9 Bridge supports (bents) should not be placed in the stream when possible
10 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
11 Bridge deck drains should not discharge directly into the stream Stormwater should 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
12 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 should
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills
13 If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations Disturbed areas should be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted
14 When using temporary structures the area should 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
15 Placement of culverts and other structures in waters, streams, and wetlands 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
16 If multiple pipes or barrels are required, they should 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
17 If foundation test borings are necessary, it should be noted in the document Geotechnical work is
approved under General 401 Certification Number 3494/Nationwide Permit No 6 for Survey Activities
18 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
19 All work in or adjacent to stream waters should 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
20 Sediment and erosion control measures should not be placed in wetlands and streams
21 Borrow/waste areas should avoid wetlands to the maximum extent practical Impacts to wetlands in
borrow/waste areas could precipitate compensatory mitigation
22 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
23 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
should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants, hydraulic fluids, or other toxic materials
24 In most cases, the DWQ prefers the replacement of the existing structure at the same location with road
closure If road closure is not feasible, a temporary detour should be designed and located to avoid
wetland impacts, minimize the need for clearing and to avoid destabilizing stream banks If the structure
will be on a new alignment, the old structure should be removed and the approach fills removed from the
100-year floodplain Approach fills should be removed and restored to the natural ground elevation The
area should be stabilized with grass and planted with native tree species Tail fescue should not be used
in riparian areas
25 Riprap should 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
Thank you for requesting our input at this time The NCDOT 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 Polly Lespinasse at [phone]
Cc Sonia Gregory, DWQ Transportation Permitting Unit