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HomeMy WebLinkAboutU4020 (2)OF wA r X02 QG ? r O `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 8, 2007 MEMORANDUM To: Melba McGee, DENR Environmental Coordinator From: 4C Homewood, Division of Water Quality, Winston-Salem Office Subject: Comments on the Finding of No Significant Impact related to proposed US 421 (King Street) from east of NC 194 to US 321, Watauga County, Federal Aid Project No. NHF- 421(31), State Project No. 35015.1.1, TIP U4020. This office has reviewed the referenced document dated September 17, 2007. The Division of Water Quality (DWQ) 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 to jurisdictional wetlands, streams, and other surface waters. The DWQ offers the following comments based on review of the aforementioned document: Boone Creek is class C; Tr+ waters of the State. DWQ recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of turbidity violations in trout waters. In addition, all disturbances within trout buffers shall be conducted in accordance with NC Division of Land Resources and NC Wildlife Resources Commission requirements. The + sign indicates this water drains to high quality or outstanding resource waters and additional measures may be necessary for the control of sediment and turbidity. 2. 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. 3. 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. 4. DWQ 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. 5. NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, 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. -None Transportation Permitting Unit Naturally 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: htto:Hh2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Sediment and erosion control measures shall not be placed in wetlands or streams. 7. 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. 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. 9. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require a Nationwide (NW) 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. 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. 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 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. 12. 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 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. 13: If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under General 401 Certification Number 3494/Nationwide Permit No. 6 for Survey Activities. 14. 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. . 14. 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. . 15. 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. 16. While the use of National Wetland Inventory (NWT.) 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. 17. 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. 18. 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. 19. 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 Sue Homewood at 336-771-4964 or sue.homewood@ncmail.net cc: Monte Matthews, US Army Corps of Engineers, Raleigh Field Office Felix Davila, Federal Highway Administration Chris Militscher, Environmental Protection Agency Marla Chambers, NC Wildlife Resources Commission Marella Buncick, US Fish and Wildlife Service DWQ Winston-Salem Regional Office DWQ 401 Transportation Permitting Unit Department of Environment and Natural Resources Project Review Form Project Number: 08-0099 County: Watauga Due Date: 10/22/2007 Date Received: 09/27/2007 Project Description: Widening of US 421 (King Street) to a multi-lane from NC 194 (Jefferson Ave.) to US 321 (Hardin Street); approx. 1.155 miles in length in Watauga County. TIP No. U-4020 Th;c Amiart is heina raviewed ac indicated below: Regional Office Regional Office Area In-House Review Asheville Air Soil & Water Marine Fisheries Fayetteville Water Coastal Management Wildlife Water Resources Mooresville Aquifer Protection Environmental Health Raleigh _ Land Quality Engineer Wildlife - DOT Solid Waste Mgmt Washington Forest Resources Radiation Protection Wilmington Land Resources Other Winston-Salem Parks & Recreation Water Quality Water Quality - DOT Air Quality Manager Sign-Off/Region: Date: In-House Reviewer/Agency: Response (check all applicable) - No objection to project as proposed. Insufficient information to complete review No Comment Other (specify or attach comments) If you have any questions, please contact: Melba McGee, Environmental Coordinator at melba.mcgee@ncmail.net OnT 0 t l?? 4o , ' DENR- WA1-F.RQUALITY VYETLAN P 4WATRR BRANCH! ?'rSTG ti