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HomeMy WebLinkAboutU-4901_complete file4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 18, 2007 Tina Randazzo URS Corporation 1600 Perimeter Park Drive, Suite 400 Morrisville, NC 27560 Subject: City of Raleigh/ NCDOT TIP # U-4901, Wake County Falls ofNeuse Widening and Relocation Project On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B .0233) On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h)) Dear Ms. Randazzo: On September 18, 2007, at your request and in your attendance, Rob Ridings, Division of Water Quality (DWQ) staff, conducted an on-site determination to review drainage features located at the Falls of Neuse relocation project for applicability to the Neuse River Buffer Rules and for applicability to the Mitigation Rules (15A NCAC2H .0506(h)). The drainage features are approximated on the Jurisdictional Stream and Wetland Data Forms document, prepared by URS Corporation on July 20, 2007. The Division of Water Quality (DWQ) concurs with the referenced document regarding the following stream calls: S l: Perennial stream, subject to Mitigation Rules and Neuse Buffer Rules. S2: Perennial stream, subject to Mitigation Rules and Neuse Buffer Rules. S3: Perennial stream, subject to Mitigation Rules but not Neuse Buffer Rules. S4: Perennial stream, subject to Mitigation Rules and Neuse Buffer Rules. S5: Intermittent stream, subject to Neuse Buffer Rules but not Mitigation Rules. S6: Intermittent stream, not subject to Mitigation Rules or Neuse Buffer Rules. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply with the Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local regulations. Please be aware that even if no direct impacts are proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B .0250 is required. The owner (or future owners) or permittee should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property and/or project. This on-site determination shall expire five (5) years from the date of this letter. North Carolina Division of Water Quality 2321 Crabtree. Blvd, Suite 250 Internet: h2o.ennstatem.us Raleigh, NC 27604 Phone(919)733-1786 FAX (919) 733-6893 Nose Carolina Natur"Iff An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ,,4 Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the mitigation rules may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o John Hennessy, DWQ Transportation Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60- day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. If you have any additional questions or require additional information please call Rob Ridings at 919-733-9817. Sincerely, Rob Ridings DWQ Transportation Permitting Unit Attachments: Map of designated streams from jurisdictional document cc: Eric. Alsmeyer, US Army Corps of Engineers - Raleigh Regulatory Field Office DWQ RRO File Copy' DWQ Wetlands 401 Transportation Unit file copy J at is Ti S Dr tt1 u ac 71 I ? elk W . O?O? W AT ?9QG ? r D 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality September 19, 2007 MEMORANDUM To: Melba McGee, Environmental Coordinator ff Through: John Hennessy, Supervisor, Transportation Permitting Uni From: David Wainwright, NC Division of Water Quality Subject: Scoping comments on proposed new road from SR 1126 to SR 1125 in Washington County, Federal Aid Project No. STP-1126(5), TIP R-4909. Project No. 08-0072 Reference your correspondence dated August 24, 2007 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 Classifications Stream Index Number Kendrick Creek Macke s Creek Pas uotank C;Sw 30-9-(1) Lewis Canal Pas uotank C;Sw 30-9-4-3 Main Canal Pas uotank C;Sw 30-9-4 Unnamed Canal to Main Canal Pas uotank C;Sw 30-9-4 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 any 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. If Alternate #2 is selected, additional impacts to Kendrick Creek and an Unnamed Canal to the Main Canal and their associated wetland systems would occur. Alternate #1 does not cross these waterbodies, resulting in less overall impacts to wetland and stream resources. General Project Comments: 1. 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 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. None Carolin Transportation Permitting Unit tuCaay 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: httr)://h2o.enr.state.nc.us/ncwetlands desi 2. Environmental assessment alternatives shall conThese altenat ves shall include road designs that streams and wetlands from storm water runoff. grassed detai allow for treatment of the storm water runoff through beat aanag nmenact cetic such as filed in the most recent version f rnled wQr htorm oles,vreten?on basinsgetc. swales, buffer areas, p Water ft er the selection of the preferred alternative and prior he Will need to demonstrate theQuality 3. A Certification, the NCDOT is respectfully reminded that they Rules {I 5A NCAC avoidance and minimization of impacts to eldManagement1Commis maximum extent practical. In accordance with the Environmental for i appropriate lost 2H.0506(h)}, mitigation will be required n event p lam shall g rbetdesigned to r replace approp In the that mitigation is required, the mitigation p functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation. mission CAC 4. In accordance with the Environmental Management Coe ter than' 1 O Rlinear ules {I feet to any single 2H.0506(h)}, mitigation will be required for impacts designed to d, the require shall b erennial stream. In the event that mitigation ishe NC Ecosys emitigation plan Enhancement Program may be p replace appropriate lost functions and values. available for use as stream mitigation. 5. DWQ is very concerned with sediment and erosion i he ct ehat could res It from is occur project the pntial impact that may NC DOT shall address these Con tiy describing that would reduce the impacts. aquatic environments and any gating factors i 6. Bridge supports (bents) shall not be placed in the stream when possible. refers spanning structures. Spanning structures usually ono 1 7. Whenever possible, the DWQ p nks and require require work within the stream or grubbing of the ssrero tided by br dges allow for human anadnne realignment. The horizontal and vertical clearancep d wildlife passage beneath the structure, do not block fish passage and o not block navigation by canoeists and boaters. rains shall not discharge directly into the stream. Stormwater shall be directed 8. Bridge deck d riate means (grassed swales, pre-formed across the bridge and pre-treated through site-appropriate scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the most current version of NC DWQ Stormwater Best Management Practices. work area shall be maintained to prevent direct g. If concrete is used during construction, a dry the a inadverten fortly contact uncured between curing concrete and stream water. Water and concrete shall not be discharged to surface waters due to potential possible aquatic life and fish kills. shall be b 0. Placement of culverts and other structures in waters, with streams, and wetlands greater than 8eiow theand a diameter 1 less t? elevation of the streambed by one foot for all culverts of culverts 48 in her ches, to allow low 20 percent of the culvert diameter for culverts having a diameter flow passage of water and aquatic life. Design and plcement and ,A in tem orary erosion control measures shall not be conducted in a manner that may result t to or upstream and down stye m in disinclud g P -equilibrium . wetlands stream e or banks, adjacent structures. The appl plicant is required proved s unable to bee et duet bed ockg of the If this is condition maintained if requested in writing by DWQ• lease contact the NC DWQ for or other limiting features encountered during construction, p uidance on how to proceed and to determine whether or not a permit modification will be g required. 11. If multiple pipes or barrels are required, they barrel at flood plain eilevationland/o sills where section as closely as possible including pipes or appropriate. Widening the stream channel shall be avoided. catuei g channel ideni ig at t the at inlet or outlet end of structures typically decreases water velocity se don requires increased maintenance and disrupts aquatic life passage. n test borings are necessary; it should be noted in the document. Geotechnical work is under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey 12. is approved tio Activities. and ented of North Carolina must be implem 13. Sediment and erosion control measures sufficient to protect and maintained in accordance with the most recent version Sediment Erosion Control Planning and Design Manual and the most recent version of NCS000250. 11 work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise 14. A Approved BMP measures from the most current version of NCDOT fferdams yNC DWQ• approved b construction and Maintenance Activities manual has andbans, rock berms water co an other diversion structures should be used to prevent 15. Sediment and erosion control measures shall not be placed in wetlands and streams. 16. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste areas could precipitate compensatory mitigation. WI maps, NC Coastal Region Evaluation, of 17. While the use of National Wetland Inmaps veto aild oil survey maps are useful tools, their inherent Significance (NC-CREWS) Wetland inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval. stream 18. Heavy equipment shall be operated from the bank od of ntroducing other pollutaiitsiint strums. minimize sedimentation and reduce the likelihood This equipment shall be inspected daily and mainuaidns or o ther revent toxiccontami materials nation of surface waters from leaking fuels, lubricants; hydraulic fl should d i properly a manner 19. Riprap shall not be placed in the active thalweg chanbn uldepl aced in ructuresthe stre that precludes aquatic life passage. Bioengineering designed, sized and installed. ?y 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 David Wainwright at (919) 715-3415. cc: Bill Biddlecome, US Army Corps of Engineers, Washington Field Office Clarence Coleman, Federal Highway Administration Chris Militscher, Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission Gary Jordan, US Fish and Wildlife Service Cathy Brittingham, Division of Coastal Management Garcy Ward, DWQ Washington Regional Office File Copy d a STA7Z o ti MICHAEL F. EASLEY GOVERNOR MEMORANUDUM TO: FROM: STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION August 24, 2007 LYNDO TIPPETT SECRETARY Mr. David Wainwright Division of Water Quality/Wetlands Central Office Gregory J. Thorpe, Ph.D., Manager 2 Project Development and Environmental Analysis 13r nch SUBJECT: Start of Study Letter for Washington County, Construct two-lane facility on new location from SR 1126 (Newland Road) to SR 1125 (Millpond Road), Division 1, Federal-Aid Project STP-1126(5), WBS No. 41191.1.1, TIP No. R-4909 The Project Development and Environmental Analysis Branch is starting the project development, environmental and engineering studies for the proposed project. The project is included in the 2007-2013 North Carolina Transportation Improvement Program and is scheduled for right of way in fiscal year 2012 and construction in fiscal year 2013. Attached for your review and comments are the scoping information sheets for the proposed project. We would appreciate any information you might have that would be helpful in evaluating potential environmental impacts of the project. If applicable, please identify any permits or approvals that may be required by your agency. A scoping meeting will be scheduled with NCDOT staff to discuss the proposed project in more detail. In order to include your comments in our materials for this meeting, we would appreciate your response by October 8, 2007. If you would like to attend the scoping meeting, please notify the project engineer. It is anticipated that a federally funded Environmental Assessment will be prepared for this project. This document will be prepared in accordance with the National Environmental Policy Act. If you have any questions concerning the project, please contact Michele James, Project Planning Engineer, of this Branch at (919) 733-7844, Extension 233. Please include the TIP Project Number in all correspondence and comments. GJT/plr Attachment MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE: 919-733-3141 FAX: 919-733-9794 WESSITE: WWW.NCDOT.ORG LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC PDEA Scoping Procedures Project Development and Environmental Analysis Branch Scoping Information Sheet TIP No.: R-4909 WBS No.: 4119 Federal Aid No: STP-1126 5 Division: 1 Sent Date: r 8/17/07 Revision Date: Meeting Date: County: Washington uescriotio Construction of a two lane road on new location from SR1125 (Millpond Rd.) to SR 1126 (Newland Rd.) adjacent to US 64. General Project Need: Provide improved access for SR 1126 traffic to US 64 Bypass Metropolitan / Rural Planning Organization Albemarle RPO Area: NEPA/404 Merg er Candidate?: ? Yes ? No ® Not sure Feasibility Study Completed?: ® Yes ? No 8/15/2000 Date Type of Environmental Documents to be Prepared / Project Schedule: Dates: Type of Document: Environmental Document: Right of Way: Let: Air Quality Status: FY 2012 FY 2013 Rev 4/10/06 EA FONSI ? Non-attainment ? Maintenance ? Attainment PAGE 1OF6 PDEA Scoping Procedures Design Criteria: Length of Proiect Limits: 2 miles Type of Access Control: (Existing / Proposed) Structure Inventory: Functional Classification: Rev 4/10/06 None None NA Strategic Highway Corridor Information: CTP/Thoroughfare Plan Designation (Facility Type): Roadway Typical Section: (Existing / Proposed) Typical Section in Compliance with Conformity Determination: ? Yes ? No Right of Way: (Existing / Proposed) Existing Posted Speed: US 64 is the nearest corridor NA Proposed 2-lane roadway 100 feet proposed Proposed Design Speed: Traffic (AADT): % TTST: Current Year: (2000) 900 vpd % Dual: Design Year: 2030 1800 vpd % DHV: Design Standards Applicable: AASHTO 0 3R Railroad Involvement: NA Cost Estimate: TIP Estimate: Current Estimate: Construction: Riaht of Wav: Total Cost: $2,800,000 $60,000 $3,060,000(Inclu des $200,000 in prior years cost TBD TBD TBD PAGE 2OF6 i tw r ; %? •?& I j.1 xis I JP?QP Sta B2 (E) Xle 64 r ?\16 - Ik x doper, 1 i 3 -- ROPER ?301 s o Clemo tf yHigh lSch. 64 L' 'Ced) aX TE _ ?? p pLTERH X 13 , #2 ERN ;, vX17 _ o \ T _ - J 1 1 - . i r ` Pit 0 1,000 2,000 4,000 F t ..: ,_. ee ' o BY: J.TORTORELL M7 .071 f A OF NORTH 0 4 VICINITY MAP County: WASHINGTON v ?O4 NORTH CAROLINA DEPARTMENT SR 1125 TO SR 1126 Figure OF TRANSPORTATION ROPER Div: 1 TIP# R-4909 o c DIVISION OF HIGHWAYS 4 PROJECT DEVELOPMENT AND WBS: 1.1 ENVIRONMENTAL ANALYSIS BRANCH WASHINGTON COUNTY ?"OF TRpNgQ TIP PROJECT R-4909 Date: FEB 2007 Department of Environment and Natural Resources Office of Legislative and Intergovernmental Affairs Project Review Form Project Number County Date Received Date Response Due (firm deadline) O'7 x"12, l,? r 01 -7 to This project is being reviewed as indicated below: Regional Office Regional Office Area In-House Review Asheville Air _ Soil & Water -Marine Fisheries Fayetteville "Water _,,,_?oastal Management Mooresville _ Aquifer Protection -Wildlife Raleigh ?nd Quality Engineer - Forest Resources Z'Washington _ Water Resources .-?nvironinental Health Wilmington - Parks & Recreation - Solid Waste Mgmt Winston-Salem Water Quality - Radiation Protection _ Air Quality - Other Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) - No objection to project as proposed - No comment - Insufficient information to complete review Other (specify or attach comments) RETURN TO: Melba McGee Environmental Coordinator Office of Legislative & Intergovernmental Affairs SF,o > ?p? j