20110984 Ver 1_Memorandum of Understanding_20101103

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 3, 2010
NIENIORANDUNI
Dee Freeman
Secretary
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From: Mason 1 lerndon, Division of Water Quality, Fayetteville Regional Office A//
Subject: Comments on the Finding of No Significant Impact related to proposed replacements of
12, 18 and 24, Bladen County, Federal Aid Project No. 131;tS"l-p-0011 (9), State Project
No. 8.1421401, TIP B-4028, State Clearinghouse Project No. 11-0096.
This office has reviewed the referenced document dated September 23, 2010. The NC Division of Water
Quality (NCDWQ) is 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 tojurisdictional wetlands, streams, and other surface waters. NCDWQ
offers the following comments based on review of the aforementioned document:
Project Specific Comments:
Although this project is not being proposed to be placed in the 404/NEPA Merger Process. Given
the complexity of this project and the potentially substantial impacts tojurisdictional resources
associated with the project; NCDWQ would like the opportunity to review and comment on the
project's preliminary plans typically provided at the 413 and 4C stage of the Merger Process.
General Comments:
2. 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 15A NCAC 2H.0506(11),.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 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 Stormwater Best Management Practices, such as grassed swales, buffer
areas, preformed scour holes, retention basins, etc.
Transportation Permitting Unit
1650 Mail Service Center. Raleigh. North Carolina 27699-1650
Location. 2321 Crabtree Blvd.. Raleigh, North Cooing 27604
Phone: [phone] FAX: [phone]
Internet'. mtp91h2o.enr.state.m; uslncv+eltands)
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4. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the 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 {l 5A NCAC 21-1.0506(h)),
mitigation will be required for impacts of greater than I 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.
5. In accordance with the Environmental Management Commission's Rules { 15A NCAC
2H.0506(11)1, 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.
6. 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.
7. NCDN'Q is very concerned with-sediment and erosion impacts that could result from this project.
NC DOT 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.
8. 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.
9. NC DOT 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.
10. Where streams must be crossed, NCD)AIQ 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 shall 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, DOI' should not install the bridge bents in the creek, to the maximum
extent practicable.
11. 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 (buts) shall not be placed in the stream when possible.
12. 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.
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13. Sediment and erosion control measures shall not be placed in wetlands or streams.
14. Borrow/waste areas shall 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.
15. 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.
16. Based on the information presented in the document, the magnitude 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
are met and no wetland or stream uses are lost. Final permit authorization will require the submittal
of a formal application by the NCDOT and written concurrence from the NCDWQ. Please be
aware that any approval will be contingent on appropriate avoidance and minimization of wetland
and stream impacts to the maximum extent practical, the development of an acceptable stormwater
management plan, and the inclusion of appropriate mitigation plans where appropriate.
17. 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 coma etc shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
18. If temporary access roads or detours are constructed, the site shall be graded to its pi econstruction
contours and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and
appropriate native woody species shall 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.
19. 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 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.
20. 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, fioodplain 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.
21. 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.
22. 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. .
23. All work in or adjacent to stream waters shall be conducted in a dry, work area. Approved BMP
nteasm es fi om 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.
24. 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.
25. 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.
26. 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 shall be properly designed,
sized and installed.
27. 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.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Mason Herndon at [phone].
cc: Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office
Clarence Coleman, Federal Highway Administration
Jim Rerko, Division 6 Environmental Officer
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission
Sonia Carrillo, NCDWQ Central Office
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