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HomeMy WebLinkAboutLincoln County AirportDepartment of Environment and Natural Resources Office of Legislative and Intergovernmental Affairs Project Review Form r` Date Received: 08/24/2006 Project Number: 07-0070 County: Lincoln (F-11 R 9W R-3 Due Date: 09/19/2006 ?kl9 'on: Construction of several aviation improvements to the Lincolnton-Lincgii CoAng%gional Project Descrlptl Airport located in Lincoln County off Highway 73. DENR - WATER QUAUTY ANDS AND STORMWATER BRANCH This Project is being reviewed as indicated below: Regional Regional Office Area Asheville Air Fayetteville Water Mooresville Groundwater Raleigh Land Quality Engineer Washington Wilmington Winston-Salem _ T y Sign-Off/Region: In-House Review Soil & Water Coastal Management Wildlife Ron Linville Wildlife - DOT Forest Resources Land Resources Parks & Recreation _ Water Quality .? Water Quality - DOT Air Quality Reviewer/Agency: Response (check all applicable) No Comment No objection to project as proposed. Insufficient information to complete review other (specify or attach. comments) Regional Office Only: m and update your comments in the DSS (Decision Support System) application, Please log into the IBEAM syste SEPA module. If you have any questions, please contact: Melba McGee, Environmental Coordinator at melba.mcgee@ncmail.net Marine Fisheries Water Resources Environmental Health Solid Waste Mgmt Radiation protection Other SEP 12006 Lincolnton - Lincoln Ceuft)p 1 QrJ Lincolnton, North Carolina Runway Safety Area Improvements and Associated Projects The North Carolina Department of Transportation Division of Aviation State Block Grant Program Administrative Action Finding of No Significant Impact Submitted Pursuant to the Provisions of The National Environmental Policy Act And Requirements of the State Aid to Airports Program Approve : C '/' /?J? <?/ . ?) Richard W. Barkes Manager Airport System Development ate TABLE OF CONTENTS Page Number Preliminary Notes: 1 Purpose And Need: 1-2 Alternatives 2 Environmental Impact Categories 3-10 Noise 3 Compatible Land Use 3 Social Impacts 3 Induced Socioeconomic Impacts 3-4 Air Quality 4 Water Quality 4 Department of Transportation Section 303/4(f) 5 Historical, Architectural, Archeological, and Cultural Resources 5 Biotic Communities 5 Endangered and Threatened Species 6 Wetlands 6 Floodplains 7 Coastal Zone Management Program 7 Coastal Barriers 7 Wild and Scenic Rivers 8 Farmland 8 Energy Supply and Natural Resources 8 Light Emissions 8 Solid Waste 8-9 Construction Impacts g Hazardous Sites/Material g Environmental Justice 10 Environmental Consequences - Other Considerations: 10 Recommendations 11 Preliminary Notes: This environmental document is to be reviewed under the guidelines set forth under the National Environmental Policy Act (NEPA). The proposed development of this airport will require that the federal and local governmental units participate in the funding of this project and the development has been proposed for federal funding under the State Block Grant Program. Under the provision of the National Environmental Policy Act (NEPA) and the North Carolina Environmental Policy Act (NCEPA) no funds may be dispersed until the funding agency has reviewed the potential environmental impacts of the proposed projects and has concluded that the impacts, if any, are acceptable. Ir 1999 an Environmental Assessment (EA) was approved for the extension of Runway 05 and installation of a glide slope. The original environmental assessment in 1999 expired. The airport was required to do an updated EA in the form of a FAA Form C Environmental Evaluation. The updated EA was circulated. Projects included in this evaluation are: • Runway 05 obstruction removal • Terminal development area • Glide slope and Runway 23 extended runway safety area (ERSA) • Runway 23 obstruction removal Lincolnton - Lincoln County was required to develop an Environmental Assessment (EA) meeting the provisions of both the federal and state environmental regulations. After the EA was circulated and reviewed by both state and federal agencies, the comments and concerns were addressed and it has been determined that the environmental impacts are minimal. As a result of this documentation, a Finding Of No Significant Impact (FONSI) is appropriate and acceptable in this matter. Purpose and Need: Lincolnton-Lincoln County Regional Airport is only ten minutes from downtown Lincolnton. The runway length is 5,500 feet, lighted, (6,000 feet with over-runs). Services include aircraft rental, aircraft maintenance, aircraft storage, tie-down space, and aircraft charter service. Many local businesses and industries house their corporate jets for fast and quick access. Lincoln County is a growing community in the Charlotte region, the nation's thirty- fourth largest metropolitan area. Lincoln County has a diverse workforce with a strong emphasis on manufacturing. Wages for Lincoln County's dependable and trained workforce are below the state and national average. Manufacturing employment in the County increased from 1980 to 1990 and 1990 to 2000 despite losses in the region, state, and country. Pis L ? r 0 0 r n 0 C7 0 c D 0 3 0 m m The positive aviation growth at the Lincolnton-Lincoln County Regional Airport (IPJ) has rendered many of the existing facilities inadequate with respect to runway safety, FAA standards and guidelines, and facility development. Continued increases in the level of operations and the size of aircraft using IPJ, along with changes in FAA requirements necessitated the improvements outlined in the 1999 EA. Expansion of the terminal development area has been a need for several years as IPJ has continued to grow. The expansion of this area will accommodate hangar and apron expansion. In the 1999 EA, the need was established for a glide slope to serve Runway 23 and the clearance of obstructions in the approach to Runway 05. A glide slope is an instrument landing system navigation facility in the terminal area electronic navigation system, providing vertical guidance for aircraft during approach and landing. The ERSA was necessary to provide safety for aviators, passengers, people on the ground, and to bring IPJ up to current FAA standards. The ERSA enhances the safety for airplanes, which undershoot, overrun, or veer off the runway end. It also provides greater accessibility for firefighting and rescue equipment, should that be necessary. The ERSA is a cleared, drained, graded, and sodded area symmetrically located about the extended runway centerline and adjacent to the end of the runway safety area (RSA). Its length is approximately 1,000 feet from the existing runway end and its width is 400 feet. Alternatives: The expansion of the terminal development area in the 1999 EA stated that hangar expansion would occur directly behind the existing terminal and that the apron expansion would occur adjacent to and west of the existing apron. The terminal development would occur entirely within Airport property. Installation of the glide slope and ERSA would require site preparation, grading, and fill material, as originally outlined in the 1999 EA. These projects would also occur within the confines of existing Airport Property. Due to these existing constraint the alternatives as outlined above are still the preferred course of action. The No-Build Alternative is considered the basis of comparison for evaluating the benefits and impacts of other reasonable alternatives. The No-Build Alternative is also defined as the do nothing alternative, which means no major improvement to the Airport, with the exception of every day operations. Implementation of this alternative would potentially jeopardize the ability of the Airport to receive future federal funding because of non-compliance with federal regulations as associated with the Runway Safety Areas. 2 Environmental Impact Categories Summary: Noise: The proposed improvements are not going to alter the airport traffic patterns that currently exist. In addition, no noise analysis is needed for proposals involving Design Group I and II airplanes on utility or transport type airports whose forecast operations in the period covered by the EA do not exceed 90,000 annual adjusted propeller operations or 700 annual adjusted jet operations (FAA Order 5050.4A Airport Environmental Handbook Paragraph 47e(1)(a) [October 8, 1985]). Therefore no significant impact is expected for this topic. Compatible Land Use: The compatibility of existing and planned land uses in the vicinity of an airport is usually associated with two factors: a) the extent of noise impacts related to the airport and related development .and, b) consistency with local land use plans and development policies. The lack of noise impacts as previously discussed in this document and none of the planned land uses for any of the alternatives are incompatible with planned land uses in the- Lincoln County land use guidance and zoning regulations. It can be concluded that there are no significant compatible land use impacts. Social Impacts: A principal social impact considered here is the potential relocations or other community disruption that may be caused by the proposed activities. The proposed extension of the runway safety area and terminal area expansions will not involve the need to relocate any residence or business; divide or disrupt established communities; disrupt orderly, planned development; or create an appreciable change in employment. There will be no negative defined social impacts as a result of the terminal area expansion, obstruction removals from both ends of existing runways, Glideslope installation and RSA extension project. Therefore, no further analysis is needed. Induced Socioeconomic Impacts: This category is primarily concerned with induced or secondary impacts on the surrounding communities. Induced impacts are usually not considered significant unless there are significant impacts in other categories especially noise, land use or direct social impacts. Induced socioeconomic impacts of airport development normally involve shifts in population, increased public service use, or changes in the local business and economic climate. The positive economic impacts of the airport have been substantial, and the proposed actions are expected to extend these positive impacts to the local community and region. The RSA and terminal area expansion would be expected to have positive induced socioeconomic impacts due to the opportunity for the airport to serve existing corporate users more efficiently and safely. Based on the previous discussions here and in the EA there are not any anticipated negative impacts that will require further analysis in this area Air Quality: According to the U.S. Environmental Protection Agency Green Book (September 2005) Lincoln County has a moderate 8-hour ozone classification designation, as it is part of the Charlotte-Gastonia-Rock Hill, NC-SC metropolitan statistical area. Based on this designation, Lincoln County has six years to achieve attainment. A level of 180,000 total operations is required before an air quality analysis must be performed for this category of airport. In addition, North Carolina requires an air quality permit for the construction and modification of airport facilities designed to have at least 100,000 annual aircraft operations. The Lincolnton - Lincoln County Airport is below this threshold for existing and projected operations. Since no further analysis is needed it can be determined that there is not any significant impact. Any open burning that occurs during construction will adhere to all federal, state, and local regulations Water Quality: There are no waters classified as high quality waters, outstanding resource waters, or waters designated as WS-1 or WS-II located within the study area for the proposed improvements and therefore; no impacts to sensitive water resources are expected. However, Lick Run, which traverses IPJ, is classified as C. Class C waters are used for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture, and other uses suitable for Class C. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. The projected construction is unlikely to have a significant impact on water resources and water quality near the airport. Wetland issues will be discussed in the wetland section. Mitigation of potential impacts will be addressed by utilizing best management practices. All permits will be acquired prior to construction. Consultation was made with the Army Corps. Of Engineers and the State Division of Environmental Management and it appears that potentially 1,000 LF of Lick Run Stream could be effected prior to any work beginning a Section 401 Water Quality Certification will be obtained. An extensive discussion of this topic was presented in the previously circulated EA and it can be concluded that the potential impacts on water quality will not be significant with all appropriate mitigation and permits. Department Of Transportation Section 303/4(f): Section 4(f) of the Department of Transportation Act of 1966 states that the Secretary of Transportation shall not approve any program or project which requires the use of any publicly-owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, state, or local significance as determined by federal, state, or local officials having jurisdiction thereof, or any land from an historic structure of national, state, or local significance as so determined by such officials unless: there is no feasible and prudent alternative to the use of such land; and, the project includes all possible planning to minimize harm to the land resulting from such use. Construction would occur entirely on Airport property, where there are no Section 4(f) properties; therefore, there would be no impact. Historic, Architectural, Archeological, & Cultural Resources: On October 17-19, 2005, a cultural resources survey was conducted of approximately 77 acres proposed for development at IPJ. The area was investigated for the presence of historic properties (sites, buildings, objects, or districts listed on or eligible for the National Register of Historic Places [NRHP]). Survey tasks were completed in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended through 1992 (16 USC 470), as well as Section 102 of the National Environmental Policy Act of 1969, as amended through 1982 (42 USC 4332). No cultural resources were identified during the field survey. Proposed development at IPJ would not affect any historic properties. Further management of IPJ with regards to archaeological resources is not warranted. The SHPO concurred with the recommendations of the findings of the survey report, therefore no significant impact is anticipated for this topic and no further action is required. Biotic Communities: The study area is located in central Lincoln County within the Southern Inner Piedmont ecoregion of North Carolina. The property adjacent to the study area consists of woodland, farmland, and residential parcels. As detailed in the EA a biological assessment was performed. The specific biotic communities will also be discussed in other sections of this FONSI under wetlands, and endangered species. Based on the discussion of these related impact categories, in combination with best management practices and good construction techniques, the biotic impacts will be kept to the minimum extent practicable and will not be significant in nature. Endangered & Threatened Species: The Endangered Species Act of 1973, .as amended, gives the Secretary of the Interior, acting for the Secretary of Commerce, U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service, the power to protect and conserve forms of wildlife and plants deemed to be in serious jeopardy. Section 7 of the Act requires federal agencies or their designated non-federal representatives, in consultation with and assisted by the USFWS, to ensure that their actions are not likely to jeopardize the continued existence of endangered and threatened species or result in the destruction or adverse modification of critical habitat of such species. The North Carolina Natural Heritage Program (NCNHP) database and the USFWS website were consulted regarding current federal and state listed species within Lincoln County. Listed species and their respective federal and state status were identified in the EA. A detailed Biological Assessment was performed and it was determined that the dwarf-flowered heartleaf - Hexastylis naniflora was in the project area. Detailed consultation has occurred with the USFWS and any impacts to the species will be mitigated. Therefore with mitigation measures in place there is not a significant impact on Endangered Species. Wetlands: Executive Order 11990 Protection of Wetlands (May 24, 1977) requires federally supported projects to preserve wetlands and avoid and minimize wetland impacts to the maximum extent practicable. On October 19-20, 2005 and November 11- 12, 2005, a jurisdictional delineation was conducted. During the visit, areas considered wetlands or waterways and ponds (waters of the United States) were identified. Routine wetland delineation sampling was conducted at selected locations to determine the presence or absence of wetlands. The currently accepted methods of wetland determination described in the 1987 United States Army Corps of Engineers Manual for Identifying and Delineating Wetland Areas were utilized. The Manual states that under normal circumstances an area must demonstrate the presence of three components to be declared a jurisdictional wetland: 1) hydrophytic vegetation, 2) hydric soils, and 3) wetland hydrology. A wetland determination has been provided by the USACOE in the development of the EA. It is anticipated that approximately 2 tenths (.2) acres of wetlands and potentially 1,000 LF of Lick Run may be effected. During the design phase the wetlands will be delineated and avoidance, minimization, and mitigation measures will be taken. There are not any anticipated problems with obtaining all appropriate permits so therefore no significant impacts are involved for wetlands. Flood Plains: As outlined in Executive Order 11988 Floodplain Management (May 24, 1977), agencies are required to reduce the risk of flood loss; minimize the impact of floods on human safety, health, and welfare; and restore and preserve the natural and beneficial values served by the floodplain. Federal regulations permit development in the 100-year floodplain if it is demonstrated through hydraulic analysis that the development would meet the requirements set forth by the Federal Emergency Management Agency (FEMA) for the National Flood Insurance Program. These requirements allow encroachment in the floodplain as long as the base flood elevation does not increase by more than one-foot. When a regulatory floodway has been defined for a waterway, the encroachment should remain outside the floodway limits. Review of the Lincoln County floodplain maps indicates that the 100-year floodplain does encroach within Airport property and therefore, the proposed improvements would have an impact on the floodplain. This impact would be to the floodplain associated with Lick Run Creek at the end of Runway 23. Based on preliminary analyses, it has been determined that any impact to the floodplain would be negligible, as it is proposed that Lick Run Creek be piped in the area of the ERSA. This pipe would be sized to ensure that the base flood elevation does not increase by one-foot. Prior to design of the ERSA, detailed hydraulic analyses would be performed to minimize potential impact to the floodplain. Therefore there is not any significant flood plain impact Coastal Zone Management Program: The Coastal Zone Management Act of 1972 (P.L. 104-950, as amended) requires that development projects in the coastal zone comply to the maximum extent practicable with approved state coastal management programs. Lincolnton-Lincoln County Regional Airport is not located in the North Carolina coastal zone; therefore, coordination was not conducted with the North Carolina Division of Coastal Management to ensure consistency with the Coastal Zone Management Act. Coastal Barriers: The Coastal Barrier Resource Act of 1982 (P.L. 97-348) prohibits the use of federal funds for projects that would impact undeveloped coastal barrier units in the Coastal Barrier Resources System. Lincolnton-Lincoln County Regional Airport is not located in a coastal county; therefore, compliance with the Coastal Barriers Resource Act was not required. 7 Wild and Scenic Rivers: There are currently four rivers or portions thereof, in North Carolina listed as wild and scenic rivers. However, none of these rivers are in the vicinity of IPJ and therefore would not be impacted by the proposed improvements. Farmlands: As defined in the Farmland Protection Policy Act of 1981 (P.L. 97-98), land is not considered prime or unique farmland if it has been committed to urban development. Prime or unique farmland committed to urban development includes land that has been designated for commercial, industrial, or residential use and is not intended at the same time to protect farmland in either a zoning code or ordinance adopted by a unit of government or comprehensive land use plan The proposed improvements would have an impact on soils by converting undeveloped land, however, these soils are not considered prime or unique because of the presence of zoning and land use ordinances for Lincoln County. Therefore, there would be no impact on prime or unique farmlands. Energy Supply and Natural Resources: Construction of the proposed improvements would initially require the consumption of energy and resources that would not be utilized if the proposed improvements were not built. Completion of the proposed improvements however, would compensate for the energy lost during construction by increasing the efficiency of critical aircraft using the facility. While construction of the proposed improvements would utilize energy resources for a short time frame, savings would be realized over the life of the facility. Small amounts of fossil fuels and construction materials (cement, aggregate, and bituminous material) would be expended, and these materials are generally not retrievable. However, these materials are not in short supply and their use would not have an adverse effect upon continued availability of these resources. Therefore, there will be no impact on energy supply or natural resources. Light Emissions: Implementation of the proposed improvements would not require relocation of lighting systems associated with Runway 05-23. Therefore no light emissions impacts. Solid Waste: The proposed improvements would not include a direct relationship to solid waste collection, control, or disposal, other than that associated with construction, i.e., clearing and grubbing and removal of construction debris. Lincoln County operates a state-approved Subtitle D Landfill on approximately 300+ acres with a life expectancy of 25+ years. The landfill is located at 5291 Crouse Road, approximately 10.5 miles southwest of IPJ. Therefore there are not any solid waste impacts for this project. Construction Impacts: The types of impacts to be considered primarily are related to noise, air, water and flora and fauna impacts. There was a detailed discussion of the potential construction impacts and possible solutions in the EA. Basically, there are not any anticipated noise impacts that are not expected to unduly impact local residences or businesses and the other impacts have been discussed in other areas of this document. In general all applicable permits, (such as sediment and erosion control plans, and burning permits) and good construction techniques and best management practices (like those outlined in FAA Order 15015370 - 10 Standards for Specifying Construction of Airports) should alleviate any potential impacts in this subject. Hazardous Sites/Materials: The purpose of a Phase I Environmental Site Assessment (ESA) is to identify, to the extent feasible pursuant to ASTM E 1527-00, Recognized Environmental Conditions (REC) in connection with the property. The ASTM Standard Practice E 1527-00 defines good commercial and customary practice for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and to petroleum products. This practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability. Due to the irregular shape of the study area, Environmental Data Resources, Inc. (EDR) provided a map with a three-mile radius from a point chosen in the center of IPJ. The results of the EDR evaluation and site reconnaissance conducted on October 19-20, 2005, November 11-12, 2005, and January 24, 2006 determined the following. No onsite findings of potential environmental concern were identified during the Phase I ESA for the study area. Two offsite findings of potential environmental concern were identified during the Phase I ESA as RECs. The two offsite RECs could potentially impact the airport due to surface water. The North Carolina Department of Environment and Natural Resources was made aware of these sites. Therefore upon resolution of the RECs no significant impact is anticipated on this topic. Environmental Justice: Executive Order 12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations (February 11, 1994) states that to the greatest extent practicable and permitted by law, each federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. The proposed improvements have no. environmental justice impacts, as it is not requiring the relocation of minority or low-income populations. Environmental Consequences - Other Considerations: The EA has addressed all the anticipated specific environmental impacts for this project in both the construction phase and ultimate utilization of the project. There were not any controversial issues raised during the EA development. The project planning and subsequent design will take into account all anticipated environmental impacts and make great efforts to avoid and minimize them. The potential impacts to wetlands, endangered species, and general water quality all appear to be able to be mitigated. The proposed actions appear to be consistent with all federal, state, and local requirements for the surrounding area. As outlined in FAA Order 5050.4A Airport Environmental Handbook, Lincolnton Lincoln County provided opportunity for the general public to comment on the proposed projects contained in the EA. They received no request to conduct a public hearing, thus no such hearing was held. In conclusion, the EA has shown that the proposed project can be completed with no significant impact on the environment. All necessary permits are expected to be obtained without incident and any additional mitigation measures that may be necessary will be completed prior to, or when applicable in the construction process. 10 Recommendations: After careful review of the Environmental Assessment and comments and response from the coordination process, and the facts contained herein, the undersigned has found that the proposed project is consistent with the objectives of the national and state environmental policies. The objectives and polices are set forth in the National Environmental Policy Act and the North Carolina Environmental Policy Act, and the project will not significantly affect the quality of human environment or otherwise include any significant condition requiring further consultation with any federal, state, or local review agencies with the following exceptions which shall be made a condition of the environmental approval of this project: + Lincolnton - Lincoln County, or its appointed representative shall obtain any and all federal, state, or local permits (such as burning, sediment and erosion control, NPDES general construction permit, 401 WQC, 404, etc.,) prior to construction of this project. + Any mitigation that might prove necessary shall be developed and implemented prior to, or during the construction phase of this project. Such mitigation may include but will not be limited to endangered species and wetlands mitigation. + To the extent practicable every effort will be made to avoid and minimize environmental impacts in the development of this project. The development of this project will utilize best management practices and good construction techniques. Therefore it is the undersigned's recommendation that-the project be given a Finding Of No Significant Impact (FONSI) under the provisions set forth by the State of North Carolina Block Grant Program, and the National Environmental Policy Act. U 44, ld-)ICX Richard W. Barkes Date Manager, Airport System Development Section Division of Aviation, North Carolina Department of Transportation 11 F W ATF Michael F. Easley, Governor ? O OCR QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Uj 7 Alan W. Klimek, P.E. Director ] t Division of Water Quality o August 22, 2006 MEMORANDUM To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs From: Brian L. Wrenn, Transportation Permitting Unit, NC DWQ Subject: Environmental Assessment for the Proposed Improvements to NC 24 in Cumberland, Sampson, and Duplin Counties, WBS Element 34416.1.1, TIP Project No. R-2303, State Clearinghouse No. 07-0017 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. The Division of Water Quality offers the following comments: Document Specific Comments: 1. South River is listed on the Impaired Waters List, 303(d) waters of the State.. South River is on the 303(d) list for impaired use for aquatic life due to mercury. Although mercury is not typically a pollutant associated with road projects, DWQ is 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 South River. 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 NC DWQ Stormwater Best Management. Practices. 2. The Concurrence Point 2A form in Appendix A, Section A.1. references. attached bridge and culvert data,. but the data is not included in the document. The referenced bridge and culvert data should be included in the document. General Comments: 1. 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.. 2. Environmental impact statement 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.. I?1 Caro ' a Transportation Permitting Unit ?'"tura 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper August 22, 2006 Page 2 of 5 3. 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. 4. 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. 5. Future documentation, including the 401 Water Quality Certification Application, should continue to include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. 6. DWQ is very concerned with sediment and erosion impacts that could result from this project.. NC DOT 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. . An analysis of cumulative and secondary impacts anticipated as a result of this. project is required. The type and detail of analysis should conform to. the NC Division of Water Quality Policy on the assessment of secondary and cumulative impacts dated April 10, 2004. 8. NC DOT is respectfully reminded that all impacts,. including but not limited to, bridging, fill, excavation and clearing, 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. 9. Where streams must be crossed, the DWQ 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, DOT should not install the bridge bents in the. creek, to. the maximum extent practicable. 10. Sediment and erosion control measures should not be placed in wetlands or streams. 11. 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. August 22, 2006 Page 3 of 5 12. The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater management. More specifically, stormwater should not be permitted to discharge directly into streams or surface waters. 13. 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 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 NCDOT and written concurrence from the 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. 14. Bridge supports (bents) should not be placed in the stream when possible. 15. 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. 16.. 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.. 17. 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. . 18. 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. 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. 19. 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 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 August 22, 2006 Page 4 of 5 guidance on how to proceed and to determine whether or not a permit modification will be required. 20. If multiple pipes or barrels are required, they should be. designed to mimic natural stream ctoss 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 a the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 21. 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 Slirvey Activities. 22. Sediment and erosion control measures sufficient to protect water resources must be imp emented and maintained in accordance with the most recent version of North Carolina Sediment d Erosion Control Planning and Design Manual and the most recent version of NCS00025 . 23. All work in or adjacent to stream waters should be conducted in a dry work area. Approved BUT 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.. 24. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evalua 'on of Wetland Significance (NC-CREWS) maps and soil survey maps are useful tools, their erent inaccuracies require that qualified personnel perform onsite wetland delineations prior] to. permit approval. 25. Heavy equipment should be operated from the bank rather than in stream channels in rder to minimize. sedimentation and reduce the likelihood of introducing other pollutants: into streams. This equipment should be. inspected daily and maintained to prevent contamination o surface waters. from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. . 26. Riprap should not be placed in the active thalweg channel or placed in the streambe in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be roperly designed, sized and installed. 27. Riparian vegetation (native trees and shrubs) should 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. i The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any additional information, please contact Brian Wrenn at 919-733-5715. August 22, 2006 Page 5 of 5 cc: Dave Timpy, US ACE Wilmington Regulatory Field Office Travis Wilson, NC WRC Gary Jordan, USFWS Chris Militscher, USEPA Ken Averitte, Fayetteville Regional Office, NC DWQ Clarence Coleman, Federal Highway Administration File Copy