20011102 Ver 1_Draft EIS Comments_20111014

Beverly Eaves Perdue
Governor
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
October 14, 2011
MEMORANDUM
Natural Resources
Dee Freeman
Secretary
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From: David Wainwright, Division of Water Quality, Central Office
Subject: Comments on the Draft Environmental Impact Statement related to the proposed US 70
Havelock Bypass, Craven County, Federal Aid Project No. NHF-70(49), TIP R-1015.
State Clearinghouse Project No. 12-0082.
This office has reviewed the referenced document dated May 2011. 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 to jurisdictional wetlands, streams, and other surface waters. The NCDWQ offers the
following comments based on review of the aforementioned document:
Project Specific Comments:
1. This project is being planned as part of the 404/NEPA Merger Process. As a participating team
member, NCDWQ will continue to work with the team.
2. Black Swamp, Southwest Prong of Slocum Creek, and the East Prong of Slocum Creek are class
C;Sw, NSW waters of the State; Goodwin Creek and Tucker Creek are SC;Sw,NSW waters of
the State. The NCDWQ is very concerned with sediment and erosion impacts that could result
from this project. The NCDWQ recommends that highly protective sediment and erosion control
BMPs be implemented to reduce the risk of nutrient runoff to these surface waters. The 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 NCD WQ's Stormwater Best
Management Practices.
3. The document states that a reach of the Neuse River is listed on the 303(d) list. However, it is not
indicated what the reach is listed for.
4. The Neuse River Buffer jurisdictional determination was performed in October 2004.
Jurisdictional determinations applicable to riparian buffers, streams, and isolated wetlands are
only valid for a period of five (5) years. Therefore, the jurisdictional determinations for this
project have expired and will need to be reverified prior to submitting a 401 Water Quality
Certification application.
Transportation Permitting Unit
1650 Mail Service Carter, Raleigh, North Carolina 27699-1650
Lrcation: 512 N. Salisbury Stret, Raleigh, North Carolina 27604
P;-one: 919907$3001 FAX: [phone]
Internet: httti//portal.ncdencorgtweb/wr
NorthCarolina
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5. It is not indicated which year the 303(d) list used to determine listings is from; although from the
citation it appears that it may have been from 2006. The discussion should be updated to reflect
the most recent approved 303(d) list, which is currently from 2010.
6. This project is within the Neuse River Basin. Riparian buffer impacts should be avoided and
minimized to the greatest extent possible pursuant to 15A NCAC 2B .0233. New development
activities located in the protected 50-foot wide riparian areas within the basin should be limited to
"uses" identified within and constructed in accordance with 15A NCAC 2B .0233. Buffer
mitigation may be required for buffer impacts resulting from activities classified as "allowable
with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance
under the Buffer Rules. A buffer mitigation plan, including use of the NC Ecosystem
Enhancement Program, must be provided to NCDWQ prior to approval of the Water Quality
Certification. Buffer mitigation may be required for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules
or require a variance under the Buffer Rules. A buffer mitigation plan, including use of the NC
Ecosystem Enhancement Program, must be provided to NCDWQ prior to approval of the Water
Quality Certification.
7. As referenced in the document, the NCD WQ has a copy of the "Quantitative Indirect and
Cumulative Effects" for the project dated July 15, 2008 on file. The NCDWQ has reviewed the
document and generally agrees that growth in the area will be low to moderate due to constraints,
and does not feel that further analysis is required at this time. However, should the information or
assumptions change or the assessment be updated, please inform the NCDWQ.
8. While the Croatan Wetland Mitigation Bank maybe available to offset all anticipated wetland
impacts associated with this project, the NCDWQ encourages the NCDOT to full explore all
possible onsite mitigation opportunities. When feasible, the NCDWQ prefers onsite mitigation to
mitigation banks.
General Comments:
9. Future documentation, including the 401 Water Quality Certification Application, should
continue to include an itemized listing of the proposed wetland and stream impacts with
corresponding mapping.
10. Alternatives should consider design criteria that reduce the impacts to streams and wetlands from
storm water runoff. These alternatives should 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.
11. 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 (15A NCAC
2H.0506[h]), mitigation will be required for impacts greater than 1 acre to wetlands and impacts
greater than 150 feet to any single 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 wetland mitigation.
12. NCDWQ is very concerned with sediment and erosion impacts that could result from this project.
NCDOT 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.
13. NCDOT 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.
14. The 401 Water Quality Certification application will need to specifically address the proposed
methods for stormwater management. More specifically, stormwater should not be permitted to
discharge directly into streams or surface waters.
15. Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may require an Individual Permit (EP) 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 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.
NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions
or require any additional information, please contact David Wainwright at [phone].
cc: Tom Steffens, US_ Army Corps of Engineers, Washington Field Office
Clarence Coleman, Federal Highway Administration
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Steve Sollod, Division of Coastal Management
Garcy Ward, NCDWQ Washington Regional Office
File Copy