HomeMy WebLinkAbout20020672_Environmental Impact Statement Comments_20090512NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
(;nvemnr f)iractnr
Natural Resources
Dee Freeman
Secretary
May 12, 2009
MEMORANDUM
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
From: Polly Lespinasse, Division of Water Quality, Mooresville Regional Office
Subject: Comments on the Draft Environmental Impact Statement (EIS) Related to the Proposed Monroe
Connector/Bypass Extending from US 74 near 1-485 in Mecklenburg County to US 74 Between the
Towns of Wingate and Marshville in Union County, Mecklenburg and Union Counties, Federal Aid
Project No. STP-NHF-74(90), WBS Element 34533.1TA1, TIP No.s R-3329/R-2559, DENR Project No.
09-0292, Due Date 0511312009.
This office has reviewed the referenced document dated March 2009. The NC Division of Water Quality (NCDWQ) 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 project as presented will result in impacts to jurisdictional wetlands,
streams, and other surface waters. NCDWQ offers the following comments based on review of the aforementioned
document:
Project Specific Comments:
North Fork Crooked Creek, South Fork Crooked Creek and Richardson Creek are Class C; 303(d) Waters of the
State. North Fork Crooked Creek, South Fork Crooked Creek and Richardson Creek are on the 303(d) list for
impaired use for aquatic life due to impaired biological integrity. North Fork Crooked Creek is on the 303(d) list for
impaired use for aquatic life due to turbidity. 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 North Fork Crooked Creek, South Fork Crooked Creek and Richardson Creek. NCDWQ 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.
2. The draft EIS identifies a recommended Detailed Study Alternative (DSA) for this project. DSA "D" has been
identified in the document as the recommended alternative. While DSA "D" provides for the least amount of linear
feet of stream impact requiring mitigation, NCDWQ staff is not prepared to recommend the selection of an
alternative at this time. However, we will continue to be involved in the development of this project as a
participating agency.
General Comments:
3. 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-1699 1 Fax: (704) 66350401 Customer Service: 1-877523-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Acton Employer -50% Recycled/10% Post Consumer paper
NorthCarolina
Naturalltf
4. Environmental impact statement 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's
Stormwater Best Management Practices Manual, July 2007, such as grassed swales, buffer areas, preformed
scour holes, retention basins, etc.
5. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification, the
North Carolina Turnpike Authority (NCTA) 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.
6. 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 shall be designed to replace appropriate lost functions and values. The NC
Ecosystem Enhancement Program may be available for use as stream mitigation.
7. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping.
8. NCDWQ is very concerned with sediment and erosion impacts that could result from this project. The NCTA 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.
9. 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 Quality Policy on the assessment of secondary and
cumulative impacts dated April 10, 2004.
10. The NCTA 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.
11. Where streams must be crossed, NCDWQ prefers bridges be used in lieu of culverts. However, we realize that
economic considerations often require the use of culverts. 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 NCTA should not install
the bridge bents in the creek, to the maximum extent practicable.
12. 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 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.
13. 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. Please refer to the most current version of NCDWQ's Stormwater Best Management
Practices.
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 (IP) 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 NCTA and written concurrence from
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.
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.
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. Placement of culverts and other structures in waters, streams, and wetlands 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 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.
21. 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. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities.
23. 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 NCS000523.
24. 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 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.
25. 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.
26. 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.
27. 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.
28. 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.
NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any
additional information, please contact Polly Lespinasse at (704) 663-1699.
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office (electronic copy)
Clarence Coleman, Federal Highway Administration
Kathy Matthews, Environmental Protection Agency (electronic copy)
Marla Chambers, NC Wildlife Resources Commission (electronic copy)
Marella Buncick, US Fish and Wildlife Service (electronic copy)
Sonia Gregory, NCDWQ Central Office (electronic copy)
File Copy