20150053 Ver 1_Complete File_20051123

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F VNIA7- Michael F. Easley, Governor
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a QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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Co. 7 Alan W. Klimek, P.E. Director
Division of Water Quality

December 28, 2005
MEMORANDUM
To: Brian Wiles, PE, Project Manager, KO& Associates, PC,
1011 Schaub Dr., Suite 202, Raleigh, NC 27606
From: Brian L. Wrenn, Transportation Permitting Unit, NCDWQ?)N
Subject: Request for Scoping Comments for the Proposed Safety Improvements and Climbing
Lanes from Lake Toxaway to Indian Creek in Transylvania County, TIP Project No. R-
2409C.
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. Based on a preliminary review of the project study area, tributaries, wetlands
and riparian buffers associated with the following named streams could be impacted by the proposed
project:
Stream Name River Basin Stream Classification Stream Index Number
Toxaway River Savannah C 4-(4)
Indian Creek Savannah Q; Tr 4-5-(3)
DWQ has the following comments:
Project Specific Comments:
1. Any temporary or permanent impacts that would be associated with this project could potentially
require a 404 permit and a 401 Water Quality Certification. The Army Corps of Engineers will make
the determination for the type of permit required. DWQ would issue a corresponding 401 Water
Quality Certification for the impacts based on a complete and accurate application.
2. DWQ has concerns regarding the potential for acidic rock in the project corridor. Pre-construction
geotechnical testing should be conducted for the presence of acidic rock. If any acidic rock is found,
efforts should be made to avoid and minimize disturbance of these areas. As part of the 401 Water
Quality Certification, DWQ will require a treatment and mitigation plan for handling and disposing of
acidic rock.
3. Indian Creek are Class C; Tr waters of the State. DWQ recommends that the most protective
sedimentation and erosion control BMPs be implemented to reduce the,risk of turbidity violations in
trout waters. In addition, all disturbances within trout buffers should be conducted in accordance with
NC Division of Land Resource and NC Wildlife Resources Commission requirements.
4. Stormwater should not be permitted to discharge directly into streams or surface waters. Stormwater
should be directed in to site-appropriate control measures such as, grassed swales, pre-formed scour
holes, vegetated buffers, etc.
N?o thCarohna
Transportation Permitting Unit NtllC6lly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands

December 28, 2005
Page 2
General Comments:
1. DWQ prefers spanning structures. Spanning structures usually do not require work within the stream
and do not require stream channel realignment. The horizontal and vertical clearances provided by
bridges allows for human and wildlife passage beneath the structure, does not block fish passage, and
does not block navigation by canoeists and boaters.
2. In accordance with the Environmental Management Commission's Rules 115A NCAC
2H.0506(b)(6)1, 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. A discussion of potential mitigations strategies should be
included in the EA.
3. 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 NCDOT Best Management
Practices for the Protection of Surface Waters
4. Live concrete should not be allowed to contact the water in or entering into the stream. Concrete is
mostly made up of lime (calcium carbonate) and when in a dry or wet state (not hardened) calcium
carbonate is very soluble in water and has a pH of approximately 12. In an unhardened state concrete
or cement will change the pH of fresh water to very basic and will cause fish and other
macroinvertebrate kills.
5. Sedimentation and erosion control measures sufficient to protect water resources must be
implemented prior to any ground disturbing activities. Structures should be maintained regularly,
especially following rainfall events.
6. Bare soil should be stabilized through vegetation or other means as quickly as feasible to prevent
sedimentation of water resources.
7. Sediment and erosion control measures should not be placed in wetlands.
8. Borrow/waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in
. borrow/waste areas could precipitate compensatory mitigation.
9. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is
approved under General 401 Certification Number 3027/Nationwide Permit No. 6 for Survey Activities.
10. All work in or adjacent to stream waters should be conducted in a dry work area. Sandbags, rock
berms, cofferdams, or other diversion structures should be used where possible to prevent excavation
in flowing water.
11. 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.
N
December 28, 2005
Page 3
In most cases, we prefer 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, to 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 down to the natural ground elevation. The area
should be stabilized with grass and planted with native tree species. Tall fescue should not be used in
riparian areas. If the area that is reclaimed was previously wetlands, NCDOT should restore the area to
wetlands. If successful, the site may be used as wetland mitigation for the subject project or other
projects in the watershed.
Thank you for requesting our input at this time. The DOT 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 Brian Wrenn 919-733-5715.
pc: Angie Pennock, USACE Asheville Field Office
Mike Parker, NCDWQ, Asheville Regional Office
Chris Militscher, USEPA
Marla Chambers, NCWRC
Marella Buncick, USFWS
File Copy
T KO & ASSOCIATES, R C.
Consulting Engineers
November 15, 2005
Mr. Brian Wrenn
Department of Environment and Natural Resources
Division of Water Quality
1621 Mail Service Center
Raleigh, NC 27699-1621 -
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Subject: R-24090, US 64, Safety Improvements and Climbing Lanes from Lake Toxaway
to Indian Creek, Transylvania County, North Carolina
Dear Mr. Wrenn:
The North Carolina Department of Transportation (NCDOT) has retained the services of Ko &
Associates, P.C. in planning and designing the proposed improvements of US 64 from just east of
Lake Toxaway to just west of Indian Creek in Transylvania County (approximately 1.5 miles).
The project is in the Surface Transportation Program. According to the NCDOT 2006-2012
Transportation Improvement Program, this project is scheduled for right-of-way acquisition in
fiscal year 2006 and construction in fiscal year 2007. The preliminary cost estimate for the
project is $6,800,000, including $1,300,000 for right of way and $5,500,000 for construction.
The attached vicinity map illustrates the project's study area. The following alternatives will be
studied for this project:
• Do-Nothing; `
• Upgrade the Existing 'Two-Lane Roadway Including Climbing Lanes at Selected
Locations.
We would appreciate any information you have that would be helpful in evaluating potential
community and environmental impacts for this project. If applicable, please identify any permits
and/or approvals required by your agency.
Please note that there will be no-formal interagency scoping meeting for this project. This letter
constitutes solicitation for scoping comments related to the projects. It is desirable that you
respond by January 6, 2005, so that your comments can be used in the preparation of a proposed
Federal Environmental Assessment in accordance with the National Environmental Policy Act.
The following describes the general features of the study area, as well as anticipated
environmental impacts.
Existing Land Use
With the exception of two part-time businesses, the existing land uses within the project area
include mostly undeveloped wooded areas on mountainous terrain. A nearby residential area and
golf course have access to this part of US 64,
Water Resources
Five jurisdictional :stream systems are located within the project study area, three unnamed
tributaries (UTs) to Indian Creek and two UTs to Toxaway Rivera A Best Usage Classification
of C has been assigned to the project reaches of the Toxaway River and Indian Creek and their
unnamed tributaries. A secondary trout waters designation (Tr) has been assigned to Indian
Creek and its unnamed tributaries by the North Carolina Division of Water Quality (NCDWQ).
1011 Schaub Dr., Suite 202 Raleigh, NC 27606 • Phone: [phone] • Fax: [phone]

TIP B-4674, Start of Study
Page 2
No jurisdictional wetland areas are located within the project study area.
Threatened and Endangered Species
Nine threatened or endangered species are listed for Transylvania County according to the
(February 25, 2003 FWS list) US Fish and Wildlife Service species list. The currently listed
species include the following:
Common Name Scientific Name Status
Bog turtle Clemmys muhlenbergii Threatened (Similarity of
Appearance)
Carolina northern flying squirrel
Appalachian elktoe
Oyster mussel
Mountain sweet pitcher plant
Small-whorled pogonia
Spreading avens
Swamp pink
Rock Gnome Lichen
Glaucomys sabrinus coloratus Endangered
Alasmidonta raveneliana Endangered
Epioblasma capsaeformis Endangered (Historic
Record)
Sarracenia jonesii Endangered
Isotria medealoides Threatened
Geum radiatum Endangered
Helonias bullata Threatened
Gymnoderma lineare Endangered
A natural resources investigation will be conducted to determine if any endangered or threatened
species are in the project study area.
Cultural Resources
A preliminary search using NCDOT GIS information did not identify any National Register
listed properties in the project study area. The project area will be reviewed to determine if the
project will affect any properties that may be eligible for the National Register.
Thank you for assisting us in this study. If further information regarding the proposed action or
the environmental analysis process is required, please contact Clay Oliver by phone at (919) 851-
6066, ext. 136 or by email at [e-mail].
Sincerely,

Brian Wiles, PE, Project Manager
Ko & Associates, P.C. Consulting Engineers
BW/cdo
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NORTH CAROLINA DBPARTMBNT OF TRANSPORTATION
R-2409C
LAKE TOXAWAY TO INDIAN CREEK
SAFETY IMPROVEMENTS AND CLIMBING LANES
Transylvania County
VICINITY MAP
FIGURE I