HomeMy WebLinkAbout20120996_Scoping Comments_20090811IV
Beverly Eaves Perdue
Governor
A
MCDENR
North Carolina Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
August 11, 2009
MEMORANDUM
To: Marc Hamel, NCDOT Rail Division
From: Amy Euliss, NC Division of Water Quality, Office
Natural Resources
Dee Freeman
Secretary
Subject: Scoping comments on proposed improvements to the railroad track from Bowers to Lake Double
Track Project between Lexington and Thomasville in Davidson County, North Carolina State
Project No. WBS No. 42647, TIP No. C-4901.
Reference your correspondence dated July 31, 2009 in which you requested comments for the 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:
Stream Name River Basin Stream Stream Index 303(d) Listing
Classification(s Number
Abbotts Creek Yadkin C 12-119(7) Yes (Impaired
and its UTs Biological Criteria
Rich Fork and Yadkin C 12-119(6) Yes (Impaired
its UTs Biological Criteria,
fecal coliform,
dissolved oxygen)
Hamby Creek Yadkin C 12-119-7-4 Yes (copper,
and its UTs nutrients, Impaired
biological criteria)
Jimmy's Creek Yadkin C 12-119-7-4-2 No
and its UTs
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 airy jurisdictional areas are identified, the
Division of Water Quality requests that NCDOT consider the following environmental issues for the
proposed project:
Project Specific Comments:
1. Abbotts Creek, Rich Fork, and Hamby Creek and their unnamed tributaries are class C; 303(d)
waters of the State. Abbotts Creek is on the 303(d) list for impaired biological integrity for
unknown reasons, Rich Fork is on the 303(d) list for standard violations dissolved oxygen and
fecal coliform, as well as impaired biological integrity due to urban runoff and storm sewers.
Hamby Creek is on the 303 (d) list for an action level violation for copper, historically listed for
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:llh2o.enr.state. nc.uslncwetlandsl
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nutrients, as well as impaired biological integrity. The source is unknown. NCDWQ is very
concerned with sediment and erosion impacts that could result from this project. NCDWQ
recommends that the most protective sediment and erosion control BMPs be implemented in
accordance with Design Standards in Sensitive Watersheds to reduce the risk of nutrient runoff
to Abbotts Creek, Rich Fork, Hamby Creek, and their unnamed tributaries. NCDWQ requests
that road design plans provide treatment of the storm water runoff through best management
practices as detailed in the most recent version ofNCDWQ's SlormwaterBest Management
Practices.
General Project Comments:
2. 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 21-1.0506(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 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.
4. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, 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.
5. In accordance with the Environmental Management Commission's Rules {I 5A 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.
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. If a bridge is being replaced with a hydraulic conveyance other than another bridge, NCDWQ
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.
i'
9. 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
:o;
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) shall not be placed in the stream when possible.
10. Bridge deck drains shall not discharge directly into the stream. Stonnwater 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. Please refer to the most current
version of NCDWQ's Stonnwater Best Management Practices.
11. 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.
12. 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 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.
13. 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 NCDWQ. if this condition is unable
to be met due to bedrock or other limiting features encountered during construction, please
contact NCDWQ 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 where appropriate. Widening the stream charnel 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.
15. 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.
16. 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.
17. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise
approved by NCDWQ. 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.
18. Sediment and erosion control measures shall not be placed in wetlands and streams.
19. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands
in borrow/waste areas could precipitate compensatory mitigation.
20. 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.
21. 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.
22. In most cases, NCDWQ 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 shall 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 shall be stabilized with grass and planted with
native tree species. Tall fescue shall not be used in riparian areas.
23. 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.
Thank you for requesting our input at this time. 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 Amy Euliss at (336) 671-2886.
cc: John Thomas, US Army Corps of Engineers, Raleigh Field Office
Kathy Matthews/Chris Militscher, Environmental Protection Agency (electronic copy only)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
Wetlands/401 Transportation Group
File Copy
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