20161268 Ver 1_Environmental Impact Statement Comments_20111013

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2011
MEMORANDUM
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 proposed SR 1409
(Military Cutoff Road) extension and the proposed Hampstead Bypass (US 17), New
Hanover and Pender Counties, State Project No. 4091.1.2, TIPS R-3300 and U-4751.
State Clearinghouse Project No. 12-0061.
This office has reviewed the referenced document dated July 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. 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 4041NEPA Merger Process. As a participating team
member, NCDWQ will continue to work with the team.
2. Review of the project reveals the presence of surface waters classified as SA; High Quality
Waters of the State in the project study area. This is one of the highest classifications for water
quality. Pursuant to 15A NCAC 2H. 1006 and 15A NCAC 2B .0224, NCDOT will be required to
obtain a State Stormwater Permit prior to construction except in North Carolina's twenty coastal
counties.
3. Review of the project reveals the presence of surface waters classified as SA; Outstanding
Resource Waters of the State in the project study area. The water quality classification of SA;
ORW is one of the highest classifications in the State. The NCDWQ is extremely concerned with
any impacts that may occur to streams with this classification. It is preferred that these resources
be avoided if at all possible. If it is not possible to avoid these resources, the impacts should be
minimized to the greatest extent possible. Given the potential for impacts to these resources
during the project implementation, NCDWQ requests that NCDOT strictly adhere to North
Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B
.0124) throughout design and construction of the project. Pursuant to 15A NCAC 2H .1006 and
15A NCAC 2B.0224.
Transportation Permitting Unit
1650 Mail Semc.: Cente,, Raleigh, North Caolina 21699-1650
Location: 512 N. aalisbu. y Street, Raleigh, North Caolina 27604
Phone: [phone] FAX: [phone]
Igtem, http:llportal.nccl. nr.orgA?. b.Avq
North(.arolina
Naturallr.+
An Equal Opportunily 1 Hlfr:natlve ?ctlon Employee
It is stated that there are no waters in the project area that are listed on the 303(d) list. However, it
is not stated from which 303(d) list this information was derived. This should be based on the
most recent list, which would be from 2010. The 2010 303(d) list has all waters in the state listed
as impaired based on a statewide fish consumption advisory due to elevated mercury levels. If the
2010 list was not used, there may be other listings that are not included in the document; this
information should be verified.
Section 3.1 (Human Environment) makes reference to a Qualitative Indirect and Cumulative
Effects Assessment dated June 2009. The NCDWQ has not had a chance to review this
information and requests a copy of the Assessment.
6. The NCDWQ encourages the NCDOT to investigate any potential for onsite mitigation to offset
the impacts of the project.
The "Travel Demand Management" (TDM) section concludes by stating that "TDM
improvements would not add new lanes or provide alternative routes or means of travel to
existing roadways." The Purpose Statement for the project does not specifically state that adding
new lanes, providing alternative routes, or adding means of travel within the project area are the
purpose of the project. With respect to TDM, the focus would be reducing traffic, especially
during weekday peak travel times. With a reduction in traffic, the safety should increase on
Market Street and the reduction in traffic would also reduce the need to increase the carrying
capacity of the street. However, TDM is based on enough employers allowing such flexibility in
work schedule combined with enough employees partaking of the flexibility. It is doubtful that
the combination of the two would reduce traffic enough such that a noticeable decrease in crashes
and traffic would occur.
General Comments:
8. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality
Certification.
9. Environmental impact statement 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 NCD WQ's Stormwater Best Management Practices
Manual, July 2007, such as grassed swales, buffer areas, preformed scour holes, retention basins,
etc.
10. 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 of wetlands or impacts to
more than 150 feet of any single jurisdictional 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.
11. 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.
12. The NCDWQ is very concerned with sediment and erosion impacts that could result from this
project. The NCDOT should address these concerns by describing the potential impacts that may
occur tc the ::qual c environments ai_d any mitigating {'actors that w )uld :educe the impact. _

13. The 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 (IP) application to the Corps of Engineers and
corresponding 401 Water Quality Certification. Please be advised that a 40 L 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: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Chris Militscher, Environmental Protection Agency (electronic copy only)
Travis Wilson, NC Wildlife Resources Commission (electronic copy only)
Steve Sollod, Division of Coastal Management
Mason Hemdon, NCDWQ Fayetteville Regional Office
File Copy
Departmer t of Gnvironim at aad Natural 1:esoarces
Office of Legislative and Intergovernmental Af.airs
Project Review Form
I /V/
Dzm Recel"ed Date kespoiue
Project Number County
Ga 00(?l Nev??noy&(,?MJL"/ ,?scoal/it
This project is bei ng reviewed as indicated below:
ionalOffice Regional Office Area In-House Review
7 Air Soil & Water Marine Fisheries
V Water /Coastal Management

l uifer Protection
V/ A Wildlife
e
_ Mooresvil q
_ Raleigh v/ Land Quality Engineer _ Forest Resources
Water Resources v/ Enviromnental Health
-
Washington
_ -
/
V Wilmington /Parks & Recreation - Waste Mgmt
_ Winston-Salem Water Qualit - Radiation Protection
- .. ?0 .
Air Quality - Other
D In-House Reviewer/Agency:
Manager Sign-Off/Region:
ate:
/a /3-_4 u vl _ Q' wr J
Response (check all applicable)
No objection to project as proposed
No comment
_ Insufficient information to complete review
Other (specify or attach comments)
RETURN TO:
Melba McGee
Environmental Coordinator
1601 Mail Service Center
Raleigh, NC 27699-1601