HomeMy WebLinkAboutR-3829State 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
DEN R
November 14, 1997
MEMORANDUM
TO: Melba McGee, DENR SEPA Coordinator
FROM: Michelle Suverkrubbe, DWQ SEPA Coordinator
RE: Comments on DOT Scoping #98-0273; WQS# 11859
US 421 Widening
TIP R-3829; Forsyth County
RECEIVED
N C v 1 Cc; 1997
ENVIROW11P NITALSCIENCES
The Division of Water Quality (DWQ) requests that the following topics be
discussed in the environmental 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
Carol Metz - Use Support Ratings - 919-733-5083, ext. 562
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. 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) to be employed.
F. The following wetlands information should be included in the EA, as appropriate:
1. Identify the federal manual used for identifying and delineating jurisdictional
wetlands. If no wetlands are found, the EA should still include information
on how this determination was made, including the methods used in
surveying for their presence and the qualifications of the survey staff in
delineating jurisdictional wetlands.
2. If wetlands are to be impacted by the project, have they been avoided as
much as possible? (Please ensure that sediment and erosion control
measures are not placed in wetlands).
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-5637
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98-0313 DOT Scoping
November 14, 1997
Page 2
3. Have wetland impacts been minimized?
4. Mitigation measures to compensate for habitat losses.
5. Wetland impacts by plant communities affected.
6. Quality of wetlands impacted.
7. Total wetland impacts.
8. List the 401 General Certification numbers requested from DWQ.
G . If wetlands are anticipated to be impacted by the project, the following measures
should be taken to reduce the impacts -
1. Wetland impacts should be avoided (including placement of sediment and
erosion control structures / measures outside of wetlands). If this is not
possible, alternatives that minimize wetland impacts should be chosen.
Mitigation for unavoidable impacts will be required if impacts are greater
than one acre.
2. 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.
3. Please provide a conceptual wetland mitigation plan, if appropriate, to help
the environmental review. The mitigation plan may state the following:
a. Compensatory mitigation will be considered only after wetland
impacts have been avoided and minimized to the maximum extent
possible.
b. 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.
C. Mitigation should be in the following order: restoration, creation,
enhancement, and lastly preservation.
H. The EA should discuss (in detail) project alternatives that alleviate traffic problems
without new road construction, such as mass-transit and traffic congestion
management techniques.
The North Carolina Environmental Policy Act (SEPA) requires that the EA or EIS
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 environmental document should focus its indirect
impacts section. This section of the document should discuss the known
relationship between new roads, highways and interchanges and resulting
inducements for urban development along the project right-of-way, at interchanges
and along connecting arterials. 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, at
interchanges and all connecting arterials (and what current and future land
use figures were used in this estimate)?
98-0313 DOT Scoping
November 14, 1997
Page 3
ii) Will this project provide additional traffic handling capacity and/or improved
traffic safety and control features to connecting roads, such as turn lanes
and traffic signs and signals?
iii) How will traffic patterns and traffic quantities on cross streets (including
planned interchanges) in the project corridor change due to the proposed
project? How will land uses along these secondary roads be influenced by
the access or increased traffic flow provided by this 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 or undeveloped
parcels of land in the road right-of-way, at planned interchanges, or along
connecting arterials?
vi) Will these 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 road widening 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 road
widening encourage further urbanization of this corridor? To what degree
will this bypass affect land uses in the areas to be bypassed?
viii) If inducements for urban development are predicted as a result of the road
improvements, these impacts should be defined in the environmental
document 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 restrict development potential along the road right-of-
way, at interchanges and along connecting arterials 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 both the new road project and 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 environmental document should discuss these environmental 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 document 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.
For Environmental Assessments (EA's), the SEPA rules and statutes require that
prior to issuance of a FONSI, any identified significant environmental impacts must
be avoided, minimized or mitigated to a level less than significant, or a FONSI
should not be issued. Therefore, an EA for this project should show how the
indirect effects of the project, including those effects of urban development, are not
98-0313 DOT Scoping
November 14, 1997
Page 4
going to significantly impact the environment, including water quality. If
significant impacts are unresolved, a FONSI cannot be issued and an
Environmental Impact Statement (EIS) should be prepared.
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 environmental document:
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 analysis of a transportation project should evaluate increases in
development in the vicinity of the road project if the project will be providing new
or improved access to future growth areas that are currently undeveloped. Indirect
water quality impacts of induced development might include: increases in ground
and surface water withdrawals to supply water for development; increases in
wastewater collection and treatment capacity, potentially including increases in
surface water discharges; and, increases in amounts of urban stormwater in the
project service area and along connector streets that experience increases in land
development due to the project. Land-disturbing activities associated with road
construction and land development may also result in increased stream
sedimentation and secondary wetland impacts. 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 creeks and streams, loss of
aquatic habitat and wetlands and more efficient delivery of pollutants (such as
fertilizers, pesticides, sediment and automobile byproducts) to surface waters.
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, nutrient
sensitive, or used for public water supply.
K. Please note that a 401 Water Quality Certification cannot be issued until the
conditions of NCAC 15A: 01C.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.
98-0313 DOT Scoping
November 14, 1997
Page 5
Please have the applicant give me a call at 919-733-5083, ext. 567 if they have any
questions on these comments.
mis:V80273 US 301 Scoping
cc: Cyndi Bell - DWQ - Non-Discharge Branch, Wetlands/401 Unit