U-5008 (2)

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WC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 28, 2010
MEMORANDUM
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
From: Polly Lespinasse, NC Division of Water Quality, Mooresville Regional Office
Subject: Scoping Comments on Proposed Grade Separation of Sugar Creek Road (SR 2975) and the North
Carolina Railroad Company (NCRR)/Norfolk Southern Railway (NS) in Charlotte, Crossing No. 715
352H., NS Mile Post 374.02., TIP U-5008, State WBS Project No. 42848, Mecklenburg County, DENR
Project No. 10-0437, Due Date 07/14/2010
Please reference your correspondence dated June 9, 2010; in which you requested comments for the above referenced .
project. An analysis of the project reveals the potential for multiple impacts to jurisdictional streams in the project area.
More specifically, impacts to:

Stream River Stream Classlf(cationl r . Stream
'Name Basin r303(d) Listed s . - -.
is# . _ ndex,`Number-'•
Little Sugar Creek Catawba Class C, 303d Listed for copper, impaired biological 11-.137-8
irate rit and fecal coliform

The Division of Water Quality (DWQ) requests that the NCDOT Rail Division consider the following environmental issues
for the proposed project:
Project Specific Comments:
1. Little Sugar Creek is a Class C, 303(d) Waters of the State. Irwin Creek is on the 303(d) listfor impaired use for '
aquatic life due to copper, impaired biological integrity and fecal coliform. 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 sediment and nutrient runoff to Rocky River. NCDWQ requests that road design plans provide treatment
of the stormwater runoff best management practices as detailed in the most recent version of NCDWQ Stormwater
Best Management Practices.
General Project Comments:
2. 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.
3. Environmental assessment alternatives should consider design criteria that reduce the impacts to streams and
wetlands from storm water runoff. These alternatives should include 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.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCaroflna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748, "???! y.? ?
Internet: htto:Uaortal nodenr.ore/wenty) [/y `(
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
4. Prior to the issuance of the 401 Water Quality Certification, the NCDOT Rail Division 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.
5. 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.
6. DWQ is very concerned with sediment and erosion impacts that could result from this project. NCDOT Rail Division
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.
.7. 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,boatersv.:...
8. 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.):.- r=' ..
before entering the stream:. Please refer to the mosfcurrentversion ofNC DWQ StormwaterBest.Management , ;,;.;;;t
Practices ^c

.. ; i..9. If concrete is used during construction, a;dry_work area sFiould be,maintained,to-prevent direct contact between';; i. ;. rp
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.
10 If temporary. access roads or detours are constructed the site shall begraded to its preconstruction contours and
elevations Disturbed area's should be seeded'or mulched'to stabilize the soil and appropriate native woody
;species should tie planted.
(b
11.. 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 rriafintact-allows the area to ,
re-vegetate naturally and minimizes soil' disturbance.. '
-•12. ,., Placement of culverts and other. structures in'wate'rs streams and wetlands.,shall be below,the elevation of the
. streambed by one foot for all culverts with a diameter g''reater than,48 inches; and 20 percent of the culvert diameter
- '
for culverts having a diameter'less'than'48 inches, to allow low fl
Vp sage 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
13. 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.
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.
Page Three
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 should 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 should not be placed in wetlands and streams.
18. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste
areas could precipitate compensatory mitigation.
19. 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.
20. 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.
21. Riprap should 'not be placed in,the active thalweg,channelor placed,in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should tie properly designed, sized and installed:.,
Thank you for requesting our input at this time. The NCDOT Rail Division is reminded that issuance ofa 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`6quire additional information, please contact
Polly Lespinasse at [phone].
Cc: Liz Hair, USACE Asheville Regional Office (electronic copy).
Chris Militscher, EPA•(electronic copy) _
Marella Buncick, US Fish and Wildlife Service (electronic copy)
Marla'Chambers, NC Wildlife Resources Commission (electronic copy)
Sonia Carrillo,'DWQ Transportation Permitiing'Unit (electronic copy)
File Co