20020672_Scoping Comments_20100628

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.NC®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, Division of Water Quality, Mooresville Regional Office
Subject: Comments on the Final Environmental Impact Statement Related to the Proposed Monroe
Connector/Bypass from near 1-485 at US 74 to US 74 Between the Towns of Wingate and
Marshville, Mecklenburg and Union Counties, Federal Aid Project No. STP-NHF-74(90), WBS
Element 34533.1.TA1, STIP Project Number R-33291R-2559, DENR Project No. 10-0435, Due;Date
07106/2010
This office has reviewed the referenced document dated May 2010. The NC Division of Water Quality (NCDW%is r
responsible for the issuance of the Section 401 Water Quality Certification for activities that impact Waters of the U.S.
including wetlands. It is our understanding that the project as presented will result in impacts.to,jurisdictional wetlands;
streams, and other surface waters. NCDWQ offers the following comments based on review. of the aforementioned-..:: ,--:
document:
Project Specific Comments:-,
1. The document makes several references to the stream mitigation requirements for the project, The
indicates that all perennial streams will require mitigation. In addition, the document states that if an intermittent, `t: ,' ;dre::ar
stream has a stream rating equal to or greater than 26, as per the.completed NCDWQ Stream Identification Form, -.ti
then mitigation will be provided. Effective October 16, 2009, NCDWQ will require mitigation for all jurisdictional
streams, either intermittent or perennial., The applicable portion of the Intermittent Stream Mitigation Policy; as c.
identified in the Public Notice, published August 14, 2009, is included below:
NCDOT projects reviewed through the Clean Water Act Section 404/National Environmental Policy Act`: -t;
Merger 0l Process (Merger 01) or Safe Accountable Flexible Efficient Transportation Equity Act; A
Legacy for Users (SAFETEA-L U, published by the US Army Corps of Engineers and the Federal Highway.
Administration, 2003) or its immediate successor, and that have reached agreement with Department of
Environment and Natural Resources on avoidance and minimization (Concurrence Point 4A) prior to the
effective date of this policy are not subject to the new intermittent stream mitigation policy. Furthermore; if
a project is not reviewed by the Merger 01 process or SAFETEA-LU or its immediate successor but has
an issued Finding of No Significant Impact and has the written approval of the NC Division of Water
Quality prior to the effective date of this policy, then it is not subject to the new Intermittent Stream Mitigation Policy.
Therefore, please be advised, DWQ will require mitigation for all jurisdictional streams (stream rating equal.to or.
greater than 19 as per the completed NCDWQ Stream Identification Form) impacted by this project.
2. North Fork Crooked Creek, South Fork Crooked Creek, and Richardson Creek are Class C; 303(d) Waters of the
State. Stewarts Creek is a Class WS-III; 303(d) Waters of the State. . •
Mooresville Regional Office
Location, 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] Customer Service: 1-877-623-6748
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North Fork Crooked Creek, South Fork Crooked Creek, Richardson Creek and Stewarts Creek are on the 303(d) list
for impaired use for aquatic life due to impaired biological integrity. North Fork Crooked Creek is on the 303(d) list
for impaired use for aquatic life due to turbidity. NCDWQ is very concerned with sediment and erosion impacts that
could result from this project. As per the commitment in the Final Environmental Impact Statement, the North
Carolina Turnpike Authority (NCTA) shall provide the most protective sediment and erosion control BMPs in
accordance with Design Standards in Sensitive Watersheds to reduce the risk of nutrient runoff to North Fork
Crooked Creek, South Fork Crooked Creek, Richardson Creek and Stewarts Creek. 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 Stormwater Best Management Practices.
3. Due to the proximity of the project to Lake Twitty, which is classified as a Water Supply III (WS-III) Area in the
project area, the NCTA shall design, construct, and maintain hazardous spill catch basins as per the commitment in
the Final Environmental Impact Statement.
General Comments:
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
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.
5. Environmental impact statement 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's Stormwater
Best Management Practices Manual,.July'2007, such as grassed swales,'buffer areas, preformed scour holes,.
retention basins, etc.t..
6.. Aftecthe selection of the preferred alternative and pnor,to an issuance of the 401 Water Quality Certification the
NCTA is respectfully'reminded"that they will need.to demonstrate the avoidance and minimization of impacts to- s
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 appropnate•lost,
functions and values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation.
7. In accordance with the:EnJironmental 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.
8. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an .
itemized listing of the proposed wetland and stream impacts with corresponding mapping.
9: NCDWQ is very concerned with sediment:and erosion. impacts that could result from this project. NCTA shall
address these concerns by describing the.potential impacts that may occur tothe aquatic environments and.any
mitigating factors that would reduce the impacts.
10.. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type and
detail of analysis 'Shall 'conform to the NC Division of Water'Quality Policy on the assessment of secondary and
cumulative impacts dated April 10, 2004.NCTA is respectfully reminded that all impacts, including but not limited to,
bridging, fill, excavation and clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to be
included in the final impact calculations. These impacts, in addition to any construction impacts, temporary or
otherwise, also need to be included as part of the 401 Water Quality Certification Application.
11. Where streams must be crossed, NCDWQ prefers bridges be used in lieu of culverts. However, we realize that
economic considerations often require the use of culverts. Please be advised that culverts should be countersunk
to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high quality wetlands
or streams are impacted, a bridge may prove preferable. When applicable, NCTA should not install the bridge bents .
in the creek, to the maximum extent practicable.
Page Three
12. 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) should not be
placed in the stream when possible.
13. 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.
14. Sediment and erosion control measures should not be placed in wetlands or streams.
15. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in borrow/waste
areas will need to be presented in the 401 Water Quality Certification and could precipitate compensatory mitigation.
16. The 401 Water Quality Certification application will need to specifically address the proposed methods for
stormwater management, More specifically, stormwater shall not be permitted to discharge directly into streams or
surface waters.
17. Based on the information presented in the document, the' inagnitude of impacts to wetlands and streams may
require an Individual Permit (IP) application to the Corps of Engineers and corresponding 401 Water Quality
Certification. Please be advised that a 401 Water Quality Certification requires satisfactory protection of water
quality to ensure that water quality standards'a'r'e metand no'wetland or stream uses are lost. ' Final permit
authorization will require the submittal of a forrrial'application by the NCTA and written concurrence from NCDWQ..
Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and, ;
stream impacts to th'e'mazimum extent practical; the development of an acceptable stormwatermanagenient plan;
and the inclusion of appropriate mitigation plans where appropriate.
18. 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 surfacer ?•
waters due to-the potential or elevated pH and possible. aquatic ,life,and:fish kills.
:,.
19., If temporary access roads or detours are constructed {hie 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 .
shalLbe,planted,,..-When using temporary,structures the area shall be cleared but not grubbed. Clearing thes 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.
20. Placement of culverts and other structures in waters,, streams, and wetlands shall be placed-below the elevation•of
the.streambed by one foot for all culverts with a diametergreater 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 downstream 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.
21. 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 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.
22. If foundation test borings are necessary, it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey Activities.
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23. 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.
24. All work in or adjacent to stream waters shall be conducted in a dry work area. 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 shall be used to prevent excavation in flowing water.
25. 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.
26. 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 shall be
inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic
fluids, or other toxic materials.
27. 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.
28. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or:require any
additional information, please contact Polly Lespinasse at [phone]. '
cc: Liz Hair, US Army Corps of Engineers, Asheville Field Office (electronic copy only)
Chris Militscher,,Environmental Protection-Agency (electronic copy only) -
-Maria Chambers, NC Wildlife Resources Commission (electronic copy only)
Mar'ella Buncick,.US'Fish and Wildlife Service;,(electronic copy only);', ,
Brian Wrenn, NCDWQ Central Office (electronic copy only)
Sonia Carrillo, NCDWQ Central Office (electronic copy only)
File'Copy ..