R-2588

I ,
.;,.?. SEP 12006
STATE OF NORTH CAROLINA DENR WATERQUAL{TY
WETLANDS AND STORMWATER BRANCH
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPET]'
GowRNOR SI;CRVI ARY
August 25, 2006
MEMORANDUM TO: Mr. Brian Wrenn
Division of Water Quality/Wetlands
FROM: Gregory J. Thorpe, Ph.D., Manager
Project Development and Environmental
SUBJECT: NC 191 from NC 280 (Boyleston Highway) to SR 14 (Kensin
Street), Hendersonville, Henderson County, Federal-Aid Project
STPNHF-191(2), WBS 34473, TIP No. R-2588
The Project Development and Environmental Analysis Branch is starting the project
development, environmental and engineering studies for the R-2588 project. The project is included in
the 2006-2012 North Carolina Transportation Improvement Program and is scheduled for right of way in
fiscal year post year and construction in fiscal year post year.
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 September 25, 2006. 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 Cliff Hamilton, Project Planning
Engineer, of this Branch at [phone], Ext. 222. 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: [phone]
FAX: [phone]
WEBSITE: WWWNCDOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

,t
280 ;
BEGIN PROJECT
i?
1
Ay 1B1 t
I?1911
t2b n
1514(
?i
i
281
i
Eru>i I / I
Rat C-i-il!
R IS G a\H Yr r,??'?`'?r:``,? ? .,
•? i Arndnmr 25
i
?` _..
61?s R, rr h4?;unlnn -•?_1 ?ilti ?'; lit :;.o_
HI: EN D t'R'S 0 N +
!`.
L R trE>L;_. ? ? ? ® END PROJEC T
Hendersonville,
t a f .SnncJbafQ/Homc..r. -e
'
t
1.4
ut 4Educ.
lu, _ Sf tit:ntrr, f. `"id lld•
THY-
T
(1 '
NORTH CAROLINA DEPARTMENT
OF TRANSPORTATION
DIVISION OF HIGHWAYS
r% PROJECT DEVELOPMENT AND
, % ENVIRONMENTAL ANALYSIS BRANCH
?? NC 191 FROM NC 280
(KENS GT?DN yy
ARENDERSONVILLB,
RENDERS N COUNTY
TIP # R-2588
F
\o?OF l F9 pG
w ~
`? r
O Y
MEMORANDUM
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 25, 2006
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From: Brian L. Wrenn, Transportation Permitting Unit, NCDWQ
Subject: Request for Scoping Comments for the Proposed Improvements to NC 191 from NC 280
to SR 1411 in Henderson County, TIP Project No. R-2588, F.A. Project STPNHF-191(2),
WBS No. 34473, State Clearinghouse No.07-0076.
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/Surface Water River Basin Classification Stream Index No.
Brittain Creek French Broad C 6-55-9
Mill Pond Creek French Broad WS-IV 6-51
French Broad River French Broad WS-IV•B 6-(47.5)
Brand Branch French Broad WS-III 6-54-6
DWQ has the following comments:
Project Specific Comments:
The project study area is approximately 2 miles upstream from the Town of Hendersonville Water
Supply Critical Area on the French Broad River (WS-IV;B;CA, 6-(52.2)). DWQ is very concerned
with sedimentation and erosion that could impact the water quality downstream of the project. Given
the potential for impacts to these resources during the project implementation, the DWQ requests that
DOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive
Watersheds" (15A NCAC 04B .0124) throughout design and construction of the project. This would
apply for any area that drains to streams having WS CA(Water Supply Critical Area) classifications.
Any cut or spoil material from this project should be properly disposed of in approved spoil disposal
sites. DOT should estimate the mass balance of material for the project and make adequate
preparations for the disposal of any excess material. Proper sediment and erosion control measures
should be in place to prevent water quality standard violations due to storm water runoff from these
sites.
One I
N
a
Transportation Permitting Unit n l ?
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.statemc.us/ncvvetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
K-6J 6 ZS
September 25, 2006
Page 2
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 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.
2. Environmental assessment 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.
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. 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.
6. If a bridge is being replaced with a hydraulic conveyance other than another bridge, DWQ believes
the use of a Nationwide Permit may be required. Please contact the US Army Corp of Engineers to
determine the required permit(s).
7. 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.
8. Bridge supports (bents) should not be placed in the stream when possible.
9. 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.
September 25, 2006
Page -3-
10. 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.
11. 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.
12. 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.
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 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 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 should be designed to mimic natural stream cross
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 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 3494/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 should be conducted in a dry work area unless otherwise
approved by NC DWQ. 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 should not be placed in wetlands and streams.
1\-L ? 0 0
September 25, 2006
Page 4
19. Borrow/waste areas should 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 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.
22. In most cases, the DWQ 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 should 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 should be stabilized with grass and planted with native tree species. Tall
fescue should not be used in riparian areas.
23. Riprap should 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. 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 at 919-733-5715.
cc: Steve Lund, US Army Corps of Engineers, Asheville Field Office
Clarence Coleman, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Mike Parker, DWQ Asheville Regional Office
File Copy
Al?
Department of Environment and Natural Resources
Office of Legislative and Intergovernmental Affairs
Project Review Form
Project Number: 07-0076 County: Henderson
Due Date: 09/25/2006
Date Received: 08/30/2006
Project Description: Improvements to NC191 from NC 289 (Boyleston Hwy) to SR 1411 (Kensington Street),
Hendersonville: TIP # R-2588
-ri,:? nr^;-f ;c l,P;no revirwPd as indicated below:
Regional Office Regional Office Area In-House Review
r_ Asheville _IZ Air Soil & Water Marine Fisheries
Fayetteville Water
T Coastal Management Water Resources
Mooresville - Wildlife Environmental Health
rT Groundwater
Raleigh Solid Waste Mgmt
Land Quality Engineer F1 Wildlife - DOT
Washington rT Forest Resources Radiation Protection
Wilmington Other
Winston-Salem Land Resources
T Parks & Recreation
Water Quality
T Water Quality - DOT
Air Quality
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)
Regional Office Only:
Please log into the IBEAM system and update your comments in the DSS (Decision Support System) application,
SEPA module. If you have any questions, please contact:
Melba McGee, Environmental Coordinator at [e-mail]
e . STATI
au...
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
M1('11AFT F. EASL.E:Y
GIn'1'-RN,'m
August 25, 2006
MEMORANDUM TO:
FROM:
SUBJECT: NC 191 from NC 280 (Boyleston Highway) to SR 1411 (Kensington
Street), Hendersonville, Henderson County, Federal-Aid Project
STPNHF-191(2), WBS 34473, TIP No. R-2588
The Project Development and Environmental Analysis Branch is starting the project
development, environmental and engineering studies for the R-2588 project. The project is included in
the 2006-2012 North Carolina Transportation Improvement Program and is scheduled for right of way in
fiscal year post year and construction in fiscal year post year.
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 September 25, 2006. 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 Cliff Hamilton, Project Planning
Engineer, of this Branch at [phone], Ext. 222. Please include the TIP Project Number in all
correspondence and comments.
GJT/plr
Ms. Chrys Baggett, Director
State Clearinghouse
Department of Administration
Gregory J. "Thorpe, Ph.D., Manager
Project Development and Environmt
LYNDO TIPPE:TT
SE('RI'TAl2Y'
Attachment
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS
1548 MAIL SERVICE CENTER
RALEIGH NC 27699-1548
TELEPHONE: [phone]
FAX: [phone]
WEBSITE: WWWNCDOT.ORG
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC
• . .
PKWY . ,.? ° ?F:ar Cav!!
P IS G A rr??
.25
., ' t Liln,'r'; a?.
y t
H-, E NOD RCS 0 N
•` I;',/
East lat
La iris.: END PROJECT
'® ...
,N. Hendersonville' '
*.
? Cca•f 5andbuiw Nprnc,i.?) ?* . .I
Fla- rc r.,
Ifs ,.r r,- 11
?t"?,?¦j ll?lneer ? ,ti
114. °?S}?ut t'tnrt rt-t??$a.U?G•
Nr7?r?..
40
rq >?? NORTH CAROLINA DEPARTMENT
?/ r ?? ?r / ?• y\s\ OF TRANSPORTATION
4 %00 a DIVISION OF HIGHWAYS
PROJECT DEVELOPMENT AND
ENVIRONMENTAL ANALYSIS BRANCH

NC 19?1 FROM)) NC 280
(B?
(KENSI TONN& AEDERSOILLE,
RENDERS N COUNTY
77P # R-2588
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director NC-DENR
December 22, 1998
MEMORANDUM
TO: William D. Gilmore Manager
Planning and Environmental Branch
FROM: Gloria Putnam, DWQ SEPA Coordinator
RE: Comments on DOT Scoping Sheets, DWQ# 12297
NC 191 from Kinsington Road (SR 1411) to NC 280
Henderson County
State Project #8.1950301, Federal Project #STPNHF-191(2),
TIP No. R-2588
The Division of Water Quality (DWQ) requests that the following topics be
discussed in the EA/EIS document:
A. Identify the streams potentially impacted by the project. The current stream
classifications and use support ratings for these streams should be included. This
information is available from DWQ through the following contacts:
Liz Kovasckitz - Classifications - 919-733-5083, ext. 572
Andrea Leslie - Use Support Ratings - 919-733-5083, ext. 577
B . Identify the linear feet of stream channelization/relocations. If the original stream
banks were vegetated, it is requested that the channelized/relocated stream banks be
revegetated.
C. Identify the number and locations of all proposed stream crossings.
D. Will permanent spill catch basins be utilized? DWQ requests that these catch basins
be placed at all water supply stream crossings. Identify the responsible party for
maintenance.
E. Identify the stormwater controls (permanent and temporary) that will be used.
F. Please ensure that sediment and erosion control measures are not placed in
wetlands.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
G. Wetland Impacts
i) Identify the federal manual used for identifying and delineating jurisdictional
wetlands.
ii) Have wetlands been avoided as much as possible?
iii) Have wetland impacts been minimized?
iv) Mitigation measures to compensate for habitat losses.
V) Wetland impacts by plant communities affected.
vi) Quality of wetlands impacted.
vii) Total wetland impacts.
viii) List the 401 General Certification numbers requested from DWQ.
H . Borrow/waste areas should avoid wetlands to the maximum extent practicable.
Prior to the approval of any borrow/waste site in a wetland, the contractor shall
obtain a 401 Certification from DWQ.
I. Please provide a conceptual wetland mitigation plan to help the environmental
review. The mitigation plan may state the following:
1. Compensatory mitigation will be considered only after wetland impacts have
been avoided and minimized to the maximum extent possible.
2. On-site, in-kind mitigation is the preferred method of mitigation. In-kind
mitigation within the same watershed is preferred over out-of-kind mitigation.
3. Mitigation should be in the following order: restoration, creation, enhancement,
and lastly preservation.
J. The EA should discuss in detail project alternatives that alleviate traffic problems
without road widening, such as mass transit and traffic congestion management
techniques.
K. The North Carolina Environmental Policy Act (SEPA) requires that the EA for this
project evaluate all direct, indirect and cumulative impacts on the environment. It is
the relationship between transportation projects and their impacts to changes in land
uses that the EA should focus its indirect impacts section. This section of the EA
should discuss the known relationship between road widening and inducements for
urban development along the project right-of-way. The EA must further address the
long-term environmental impacts of this road project, including the potential indirect
impacts of the induced urban development on all aspects of the environment. To
address this issue, the EA should answer the following questions -
i) What is the estimated traffic projections for the project corridor (and what
land use figures were used in this estimate)?
ii) Will this project provide additional traffic handling capacity and/or improved
traffic safety and control features to existing roads, such as turn lanes and
traffic signs and signals?
iii) Are any cross streets in the project area projected to see additional traffic
flows due to the proposed project? If so, how will land uses along these
secondary roads be influenced by the project?
iv) How does this project comply with local governments' land use and
metropolitan transportation plans?
V) Will this project provide new or improved access to vacant parcels of land in
the road right-of-way?
vi) Will these once less-developable parcels become more likely to develop into
urban uses with the provision of public road access, adequate road frontage
or traffic safety and control features from the project?
vii) Will this widened road serve as an inducement to additional urban
development in the project right-of-way, given the provision of additional
traffic handling capacities, and the existence (or likelihood of existence in
the future), of other essential public infrastructure improvements (e.g.
sewer, water and electricity) in the area? To what degree will this widening
encourage further urbanization of this corridor?
viii) If inducement for urban development is predicted as a result of the road
improvements, these impacts should be defined in the EA and should be
considered indirect impacts of the transportation project.
ix) What measures have DOT and the local governments in the project area
agreed to in order to effectively manage development potential along the
road right-of-way to reduce the potential indirect land use changes and
environmental impacts?
X) What environmental resources could be affected by the identified urban
development that will be allowed or encouraged by the road improvements?
What degree of impact to these resources will be anticipated? What impacts
may be significant in nature? Specific to the regulatory authority of DWQ,
the EA should discuss the types and severity of point and non-point source
water quality impacts anticipated from this additional development.
xi) What regulations are currently in place at the local government level that
would address these significant potential indirect environmental impacts?
xii) The EA should discuss these impacts (and others that are applicable to the
individual project), and quantify them when possible. In addition to
reporting on the types and significance of each direct and indirect impact of
the project, the EA should define how DOT (with their authorities and
resources) and affected local governments (with land use control in the
project area) are planning to avoid, reduce or mitigate these impacts to a
level of insignificance. The SEPA rules and statutes require that prior to
issuance of a FONSI, any identified significant environmental impacts in an
EA be avoided, minimized or mitigated to a level less.than significant.
Therefore, the EA should document how the indirect effects of urban
growth are not going to significantly impact water quality and all other
environmental concerns resulting from this proposed project, or a FONSI
should not be issued.
L. The following discussion is meant to help explain the direct and indirect impacts
issue in terms of water quality. All of these issues, as applicable to the specifics of
the project, should be discussed in a DOT EA:
In evaluating the direct water quality effects of a transportation improvement
project, typical concerns involve wetland, aquatic habitat and stream impacts from
construction, the current quality of the waters and ecosystem of the streams and
rivers to be affected by construction activities, the potential effect of spills and run-
off from the road on water quality, how that might effect overall stream health and
the other users of that water, etc. An indirect impact of a transportation project
may include increases in development in the vicinity of the road widening, if the
project will be providing new or improved access to future growth areas that are
currently undeveloped. One typical impact of increased development might include
increasing amounts of urban stormwater in the project service area. Land-
disturbing activities associated with road construction and land development may
also result in increased stream sedimentation. And over the longer term,
development features such as increased impervious surface areas and stormwater
drainage systems will only exacerbate water quality problems. Predictable impacts
could include more rapid and erosive stream flow in the creek, loss of aquatic
habitat and more efficient delivery of pollutants (such as fertilizers, pesticides,
sediment and automobile byproducts) to the stream. These impacts could be of
special concern if the project is proposed in an area with state and federally
endangered species or if the waters are high quality or nutrient sensitive.
M. DWQ is also concerned about secondary wetland impacts. For DWQ to concur
with an alternative in the mountains or the piedmont, DOT will need to commit to
full control of access to the wetland parcels or DOT to purchase these parcels for
wetland mitigation.
N . Please note that a 401 Water Quality Certification cannot be issued until the
conditions .of NCAC 15A: 01 C.0402 (Limitations on Actions During NCEPA
Process) are met. This regulation prevents DWQ from issuing the 401 Certification
until a FONSI or Record of Decision (ROD) (for and EIS) has been issued by the
Department requiring the document. It is recommended that if the 401 Certification
application is submitted for review prior to the sign off, the applicant states that the
401 should not be issued until the applicant informs DWQ that the FONSI or ROD
has been signed off by the Department.
Written concurrence of 401 Water Quality Certification may be required for this
project. Applications requesting coverage under our General Certification 14 or
General Permit 31 (with wetland impact) will require written concurrence. Please
be aware that 401 Certification may be denied if wetland or water impacts have not
been avoided and minimized to the maximum extent practicable.
Please have the applicant call Cyndi Bell at 919-733-1786 if they have any
questions on these comments.
mek:\12297; NCDOT Scoping
cc: Cyndi Bell - DWQ- ESB, Ecological Assessment Group