20100311 Ver 1_Scoping Comments_20100611

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NC®ENR
Ncrth Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
June 11, 2010
Pls. Betsy L. Watson, P.E.
Stantec Consulting Services Inc.
801 Jones Frankin Road, Suite 300
Raleigh, NC 27606
Subject: Scoping Comments on Construction of a New Superstreet Intersection, Poplar Tent (SR 1394) at US 29
in Concord, CMAQ Project No. 4918A, Cabarrus County
Dear Ms. Watson:
Please reference your correspondence dated June 7, 2010, in which you requested comments for the referenced projects.
Preliminary analysis of the projects reveals the potential for impacts to perennial streams and jurisdictional wetlands in the
project area. More specifically, impacts to:
Stream Stream Index
303(d) Listing
Stream Name „ River Basin Classification

Number.. .. .
:r
r
Irish Buffalo Yadkin C 13-17-9-(2) Turbidiry and Copper
Creek
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 City of Concord consider the following environmental issues for the proposed project
Project Specific Comments:
Irish Buffalo Creek is a Class C, 303(d) Waters of the State. Irish Buffalo Creek is on the 303(d) list for impaired use for
aquatic life due to turbidity and copper. 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 Rocky River. NCDWQ requests that
road design plans provide treatment of the storm water runoff through best management practices as detailed in the most
recent version of NCDWQ's Stormwater Best Management Practices.
General Project Comments:
1 Any environmental document prepared for the project 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
Mooresville Regional Office
Location, 610 East Center Ave„ Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service, 1-877-623-6748
Internet hgp.llocria0rodencoro'weblwo
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Alaturallil
Ms. Betsy Watson, P. E.
Page Two
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. Prior to an issuance of the 401 Water Quality Certification, the City of Concord 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 f15A 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 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. The City of Concord
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).
T If the old bridge is removed, no discharge of bridge material into surface waters is allowed unless otherwise
authorized by the US ACQE 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 City of Concord 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
,l
f? Ms. Betsy Watson, P E.
Page Three
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 may be 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 3687/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 (NW;) 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. 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. The City of Concord 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
Polly Lespinasse at [phone].
Sincerely,
Marcia Allocco
Acting Surface Water Protection Regional Supervisor
cc: Liz Hair, US Army Corps of Engineers, Asheville Field Office (electronic copy)
Sonia Carrillo, NCDWQ Central Office (electronic copy)
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