20181192_Scoping Comments_20100212

Department of Environment and Natural Resources
Project Review Form
Project Number: 10-0283 County: Wake and Johnston Date Received: 02/04/2010
Due Date: 3/22/2010
Project Description: Scoping - Scoping notice for the Southern and Eastern Wake Expressway,
STIP Projects R-2721,-2828 and R-2829. Completion of the 540 Outer Loop
from NC 55 in Wake County to the US 64/US 264 bypass in Knightdale ,
approximate distance cf 29 miles.
This Project is being reviews as indicated 1e ow:
Regional Office Regional Office Area In-House Review
Asheville ? Air Soil & Water Marine Fisheries
Fayetteville ? Water Coastal Management Water Resources
Mooresville ? Aquirer Protection Wildlife ? Environmental I-lealth
? Raleigh v/ Land Quality Engineer ? Wildlife - DOT ^ Solid Waste Mgmt
Washington ? Forest Resources Radiation Protection
Wilmington Land Resources Other
? Parks & Recrec:ti..i
Winston-Salem
Water QualitA
`` Water. Quality,- DOT'
Air Quality
Manager Sign-Off/Region:
Response (check all applicable)
No objection to project as proposed. No Comment
Insufficient information to complete review _ Other (specify or attach comments)
If you have any questions, please contact:
Melba McGee, Environmental Coordinator at N'lelha.N! 1cGee(cr ncdenr.gov
Reviewer/Agency:
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STATE OF NORTH CAROLINA
TURNPIKE AUTHORITY
Bi vi-,R-L)' E. PERDUE 1578 MAIL SERVICL CENTER, RALEIGH, N.C. 27699-1578
GO\'LRNOR
January 25. 2010
Mr. Rob Ridings
North Carolina Department of Environment and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Start of Study and Agency Scoping Meeting, Notification
Southern R Eastern Wake Expressway. Wake and Johnston Counties
STIP Projects R-2721. R-2828. and R-2829
Dear Mr. Ridings,
/Q
R ?
DAVID W..OVNIE:R
INI(171\ L DIRWTOR
The North Carolina Turnpike Authority (NCTA), a division of the North Carolina Department of
Transportation (NCDOT). has initiated the project development, environmental. and engineering
studies for the proposed Southern and Eastern Wake Expressway in Wake and Johnston Counties
(see attached figure). As it is currently defined. the project would address the proposed
completion of the Raleigh 540 Outer Loop. from NC 55 in Wake County in the vicinity of the
Towns of Apex and Holly Springs, east to the US 64/US 264 Bypass. in the Town of Knightdale,
a distance of approximately 28 miles. The proposed study area also includes the southeastern
limits of the City of Raleigh. the southern limits of the Towns of Garner and Cary, and portions
of the Town of Clayton and Johnston County. A Notice of Intent (NOI) to prepare an
Environmental Impact Statement (EIS) was published on November 30. 2009 (Federal Register
Vol. 74, No. 228, page 62629).
This project is included in the 2009-2015 NCDOT State Transportation Improvement Program
(STIP) as Projects R-2721. R-2828, and R-2829. These three projects are being developed as a
single project in a single EIS. The three projects combine to form the southern and eastern
portions of the Outer Loop around Raleigh and surrounding communities, completing the Outer
Loop. The northern portion of the Outer Loop is open to traffic and the western portion, the
Western Wake Freeway, is currently under construction. The southern portion of this project is
proposed to tie into the Western Wake Freeway near Apex. The eastern portion of this project is
proposed to tie into the northern portion of the Outer Loop in Knightdale.
While much of the project area is rural and agricultural in nature, the area's proximity to
employment centers in Raleigh and Research Triangle Park is stimulating a transition to suburban
land uses. Based on previous studies and natural systems screening, the project corridor includes
a number of streams, wetlands, and floodplains, as well as potential habitat for four federally
protected species: dwarf wedgemussel (Alusmidonto heterodon), Tar River spinymussel (Elliptio
sleinstansanu), Michaux's sumac (Rhus michauiii), and the red-cockaded woodpecker (Picoides
borealis).
NORTH CAROLINA TURNPIKE At7HORrrl'
TELEPHONE [phone] FAX [phone]
NCTA plans to prepare an EIS for the Southern and Eastern Wake Expressway project in
accordance with the National Environmental Policv Act (NEPA). The EIS will consider
alternatives that include improving existing roadwavs, alternatives that involve building a new
location facility, and various non-hi-hway alternatives. We would appreciate any information
you might have that would be helpful in establishing the study area and project purpose and need.
Identifying preliminary corridors. evaluating the potential environmental impacts of those
corridors, and establishing a viable range of alternatives for consideration. Also, please identify
any permits or approvals or other requirements of your agency.
In lieu of strictly following the NCDOT's merger process, this project will follow coordination
procedures authorized under Section 6002 of SAFETEA-LU for the environmental review
process. The key difference in the t%yo approaches is that under the Section 6002 process formal
agency concurrence is not required at decision points in the study. However. NCTA still expects
agencies to highlight issues of concern. particularly those that could affect later permitting
decisions.
An agency scoping meeting will be held at the Turnpike Environmental Agency
Coordination Meeting on February 16, 2010 in the NCTA Board Room (Address: 5400
Glenmood Avenue. Suite 400, Raleigh, NC 27612). This meeting Hill be from 8:30 AM to
10:30 AM. The purpose of the meeting will be to identify significant issues related to the
proposed action that should be considered during the study process. We strongly encourage you
or a representative of your agency to participate in this meeting: however, if your agency can not
be represented, please provide written comments by March 3 L 2010. Your response should be
mailed to the followina:
Ms. Jennifer Iiarris. PE
North Carolina Turnpike Authority
1 X78 Mail Service Center
Raleigh, NC 27699-1 578
If you have anv questions concerning the proposed project. please call Ms. Harris at
[phone]. Public inquiries about the project can also be made via e-mail at
sewake a netLIMP ike.org.
Sincerely.
Steven D. DeWitt. P.E.
Chief Enaineer
Attachment: Project Studv Area Figure
cc: Mr. David Joyner, NCTA
Ms. Jennifer Harris, P.E., NCTA
Ms. Reid Simons, NCTA
Mr. Roy Bruce. A.E.. H.W. Lochner
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Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
"Division or Water Quality
Coleen H. Sullins
Director
March 23, 2010
MEMORANDUM
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From: Brian Wrenn, Transportation Permitting Unit, NC Division of Water Quality SW
Subject: Scoping comments on proposed Southern and Eastern Wake Expressway from NC55 to US
641US 264 Bypass in Wake County, TIP Project Nos. R-2721, R-2828, and R-2829, State
Clearinghouse Project No. 10-0283.
Dee Freeman
Secretary
Reference your correspondence dated January 25, 2010 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, impactsdo:
Stream Name River Basin Stream
Classifications Stream Index
Number 303(d) Listing..
Lake Wheeler Neuse WS-111;NSW 2743-(1)
-
Lake Benson Neuse WS-III;NSW;CA 27-43
(5.5)
Swift Creek Neuse C;NSW 2743-(8) Biological Integrity
Dutchman's
Branch Neuse " WS-III;NSW 27-43-4.5
Sunset Lake Neuse B;NSW 27-43-15-(2)
Bass Lake Neuse B;NSW 27-43-15-3
Cam Branch Neuse C;NSW 27-43-15-5
Roc Branch Neuse C;NSW 2743-15-4.5
Bells Lake Neuse C;NSW 2743-15-6
Panther Branch Neuse C;NSW 2743-15-9
Terrible Creek Neuse B;NSW 27-43-15-8
Middle Creek Neuse C;NSW 27-43-15 Biological Integrity,
Low DO, Turbidity
White Oak
Creek Neuse C;NSW 27-43-11
Mahlers Creek Neuse C;NSW 27-43-9
Walnut Creek Neuse C;NSW 27-34-(4) Biological Integrity,
Copper, PCB,
Turbidity
Big Branch Neuse C;NSW 24-34-11
Neuse River Neuse C;NSW 27-(36)
Little Creek Neuse C;NSW 27-43-15-10 Biological Integrity
Gully Branch Neuse C;NSW 27-43-15-10-2
Transportation Pemliang Unit
1350 Mail Service Center, Raleigh, North Carolina 27699-1650
1 oration. 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]
Internet: httpl!h2o.enr.state.nc.us4imettands
One
NorthCarolina
)Vatumllry
An Euu4 C,nrerlunlly 1 Affirmalwe Action Emoluyer
Buffalo Creek Neuse C;NSW 27-43-15-11
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 the NC Turnpike Authority (NCTA) consider the following
environmental issues for the proposed project:
Project Specific Comments:
All of the named streams in the study area have a supplemental classification of NSW waters of the
State. NCDWQ is very concerned with sediment and erosion impacts that could result from this
project. NCDWQ recommends that highly protective sediment and erosion control BMPs be
implemented to reduce the risk of nutrient runoff to these streams. NCDWQ.requests that road design
plans provide treatment of the storm water runoff through best management practices as detailed in
NCDOT's NPDES BMP Toolbox.
Swift Creek, Middle Creek, Walnut Creek, and Little Creek are listed as 303(d) waters of the State.
They are listed for a variety of reasons including biological integrity, low dissolved oxygen, copper,
PCBs, and turbidity. NCDWQ is very concerned with sediment and erosion impacts that could result
from this project. NCDWQ recommends that the most protective sediment and erosion control BMPs
be implemented in accordance with Design Standards in Sensitive Watersheds to reduce the risk of
nutrient runoff to these creeks. Of particular concern is the listing for Middle Creek due to copper. A
recent NCDOT study on stormwater runoff from bridges has shown that copper is a pollutant in
stormwater runoff that frequently exceeds state standards. NCDWQ requests that road design plans
provide treatment of the storm water runoff through structural best management practices as detailed .:
in NCDOT's NPDES BMP Toolbox. , . ,
Review of the project reveals the presence of surface waters classified as Water Supply Critical Area
(WS CA) in the project study area. Given the potential for impacts to these resources during the %
project implementation, NCDWQ requests that NCDOT 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:: .. .
classifications. Should a crossing be located within the WS CA, NCDOT will be required to design,.
construct, and maintain hazardous spill catch basins in the project area. The number of catch basins
installed shall be determined by the design of the crossing. Runoff shall enter the basin(s) priorto.;.
flowing into the stream. The basin(s) shall be designed in consultation with NCDWQ.
4. This project is within the Neuse River Basin. Riparian buffer impacts shall be avoided and minimized
to the greatest extent possible pursuant to 15A NCAC 2B,0233..
5. Due to the fact that this project is a new location road being constructed in areas with impaired
streams and water supply watershed critical areas, NCDWQ will require a quantitative secondary and
cumulative impacts analysis. This analysis shall quantitatively model impacts to water quality from
secondary and cumulative development resulting from this road project. This analysis shall be
conducted in consultation with NCDWQ.
6. It is NCDWQ's understanding that NCTA intends to develop this project using FHWA's SAFETEA-
LU 6002 process. NCDWQ would prefer that NCTA, as a division of NCDOT, develop this project
and all future projects under the multi-agency Merger Process. NCDOT along with its partnering and
participating agencies, and under the direction of the Interagency Leadership Team, has expended
considerable time and money to develop, implement, and streamline the Merger Process.
Furthermore, NCDWQ is of the opinion that the Merger Process is a more accountable process that
results in projects that hold up under scrutiny of the NEPA process and Sections 404 and 401 of the
Clean Water Act.
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 ISA 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 assessment alternatives shall consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff. These alternatives shall include road designs that
allow for treatment of the storm water runoff through best management practices as detailed in the
most recent version of NCDWQ Stormwater Best Management Practices, such as grassed swales,
buffer areas, preformed scour holes, retention basins, etc.
3. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, 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 shall 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 shall be designed to replace appropriate .
lost functions and values. The NC Ecosystem Enhancement Program may be available for use as
stream mitigation.
5. NCDWQ is very concerned with sediment and erosion impacts that could result from this project.
NCDOT shall address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts. '
6. If a bridge is being replaced with a hydraulic conveyance other than another bridge, NCDWQ
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. Whenever possible, NCDWQ prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the streambanks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall not
be blocked. Bridge supports (bents) shall not be placed in the stream when possible.
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers, etc.) before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices.
10. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
11. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted. When using temporary structures the area shall
be cleared but not grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other
mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate
naturally and minimizes soil disturbance.
12. 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 NCDWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact NCDWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required.
13. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section
as closely as possible including pipes or barrels at flood plain elevation, floodplain benches, and/or
sills maybe required where appropriate. Widening the stream channel shall 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.
14. If foundation test borings are necessary; it should be noted in the document. Geotechnical work is
approved under General 401 Certification Number 3624/Nationwide Permit No. 6 for Survey
Activities.
15. 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.
16. All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise
approved by NCDWQ. 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.
17. Sediment and erosion control measures shall not be placed in wetlands and streams.
18. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in
borrow/waste areas could precipitate compensatory mitigation.
19. 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.
20. Heavy equipment shall be operated from the bank rather than in stream channels in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment
shall be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants, hydraulic fluids, or other toxic materials.
21. Inmost cases, NCDWQ 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 shall 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 shall be stabilized with grass and planted with native tree species. Tall
fescue shall not be used in riparian areas.
22. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed.
Thank you for requesting our input at this time. NCDOT 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: EricAlsmeyer, US Army Corps of Engineers, Raleigh Field Office
Clarence Coleman, Federal. Highway Administration
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
File Copy
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