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Home My WebLink About20190992 Ver 1_U-2719-FONSI-comments_20180629ROY COOPER Go,�crno,• MICHAEL S. REGAN Secr� r�rn� Environmental LINDA CULPEPPER QUClllty L�terin� Director June 29, 2018 MEMORANDUM To: From: SLibject: Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovermnental Affairs Rob Ridings, Division of Water Resources, Transportation Permitting Brancl� Conm�ents on the Finding of No Signiiieant In�pact (FONSI) related to proposed I-440 & US 1 Widening from SR 1313 to SR 1728, Raleigh, Wake Coui�ty, Federal Aid ProjEct Na IMSNHS- 0440(10), State Project No.35869.1.2, TIP No U-2719, State Clearinghouse Project No. 18-0315. This office has reviewed the referenced docu�uei�t received June 2l, 2018. The NC Division of Water Resources (NCDWR) is respoi�sible for the issuance of the Section 401 Water Quality Certificarion for activities that impact Waters of the U.S., incltiding wetlands. It is our Llnderstandii7g that the project as presei7ted will result in impacts to jLu•isdictional wetlands, streams, �nd other sLirface waters. The NCDWR offers the foLlowing conmlents 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 participaring team �neulber, the NCDWR wil] continue to work witl� tl�e team. House Creel<, Bushy Branch, Simmons Branch, Lyi�n Branch and UT Silver Lalce are class NSW (Nutrient Sensitive) waters of the State. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The NCDWR recoinmends that highly protective sediment and erosion control BMPs be unplemented to reduce the risk of n�itrient runoff to these streams and their tributaries. Additionally, to meet the requirements of NCDOT's NPDES permit NCS0000250 the NCDWR requests that road design plans provide treatment of the storm water runo£f through best management practices as detailed in the most recent version of the North Carolina Departrnef�z o f Trczr�spa�tation Stornzwatei- Best Mr�i�agemer�t Practices Toolbo.r manual. Walnut Creek, Lalce Johnson, Rocicy Branch and their tributaries are class NSW; 303(d) impaired waters of the St2te. The NCDWR is very concei7led with sediment and erosion iin�acts that co«ld result fi•on1 this project. The NCDWR recommends that the most protective sediment and erosion control BMPs be implemeilted in accordance with Desi�;n Standa�-cls in Se��srtive Wc�tersheds (15A NCAC 04B .0124) to rediice the risk of fiirther impairnlent to these waters. Addirionally, to mcet the requu•emenYs of NCDOT's NPDES permit NCS0000250, the NCDWR rcquests that road design pl�ns provide treatment of the storm water ruiloff throli�h best management practices as detailed in the most recent version of the Nor•tl� Car�olirla Depc�rbrzey�t of� Trnnsportatiott StoNn�water Best Mczriagement Practices Toolbox manttal. '�"NnT}�ir�� Cnrr,p�7-�-a�> � - . State of North Caroli��a I Envirom�iental QualiTy 1617 Mail Scrvice Ccntcr I Ralcigh, North Carolina 27699-1617 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 2B.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 15A NCAC .02B .0295. 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, coordinated with the North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of the Water Quality Certification. 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, coordinated with the North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of the Water Quality Certification. General Comments: 5. The pernut applications 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. 6. Final designs shall consider design criteria that reduce the impacts to streams and wetlands from storm water runoff. To meet the requirements of NCDOT's NPDES permit NCS000250, these 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 Practices Toolbox manual, which includes BMPs such as grassed swales, buffer areas, preformed scour holes, retention basins, etc. 6. 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, buffers, 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 North Carolina Division of Mitigation Services may be available to assist with wetland mitigation. 7. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of greater than 300 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 North Carolina Division of Mitigation Services may be available to assist with stream mitigation. 8. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an itemized listing of the proposed wetland, buffer and stream impacts with corresponding mapping. 9. 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. 10. 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 April 10, 2004. 11. 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. 12. 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, the NCDOT should not install the bridge bents in the creek, to the maximum extent practicable. 13. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require wark 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. 15. Bridge deck drains shall 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. To meet the requirements of NCDOT's NPDES permit NCS000250 please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. 14. Sediment and erosion control measures should not be placed in wetlands or streams. 15. 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. 16. 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. 17. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an Individual Permit application to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be advised that a 441 Water Quality Certification requires satisfactory protection of water quality to ensure that water quality standards are met and no wetland ar stream uses are lost. Final permit autharization 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 stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate. 18. 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. Concrete shall be handled in accordance with the NPDES Construction General Permit NCGO10000. 19. 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. 20. 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 or 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. If 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. 2 L 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 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. 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 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. 24. 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. 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 construction. The NCDWR appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact Rob Ridings at 919-707-8786.