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NCDENR
North Carolina Department of Environment and Natural Resources
� Division of Water�uality
Beverly Eaves Perdue _ Coleen H.Sullins Dee Freeman
Governor Director Secretary
October 26, 2011
.
i MEMORANDUM
IITo: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovemmental �
Affairs
IFrom: Brian Wrenn, Division of Water Quality, Transportation Permitting Unit ��
Subject: Comments on the State Environmental Assessment related to proposed improvements to
US 221 from existing north of SR 1366(Roper Loop Road)to existing US 22l-NC 226
in Rutherford and McDowell Counties, State Project Nos. 6.899002T and 6.879005T,
T[P Project Nos. R-2597 and R-204 D&E, State Clearinghouse Project No.12-0077.
This office has reviewed the referenced document dated June 30, 201 L 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:
IProject SpeciTic Comments:
L 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. Corpening Creek is class C; 303(d)waters of the State. Corpening Creek is on the 303(d) list for
impaired use of ecologicaUbiological integrity for benthos. NCDWQ is very concerned with
sediment and erosion impacts that could result from this project. NCDWQ recommends that the
most protective sediment and erosion control BMPs be implemented in accordance with Design
Standmds in Sensrtive Watersheds to reduce the risk of nutrient runoff to Corpening Creek.
NCDWQ requests that road design plans provide treatment ofthe storm water runoffthrough best
management practices as detailed in the most recent version ofNCDWQ's Stormwater Best
Management Practices.
3. In Section V.H. [ndirect and Cumulative Effects,the documents states that the Indirect and
Cumulative Effects Assessment will be updated using current methodologies. NCDWQ requests
that the ICE study area be expanded. The document states that the study area was determined by
drawing a perimeter 'h mile off of the project bowidaries. This seems to be a very arbilrary way to
determine an [CE study area boundary. Several 303(d)watersheds are located adjacent orjust
downstream lium the wrrent study area. In addition, several other large transportation projects are
being planned/constructedjust outside ofthe current study area. Potential effects to these 303(d)
watersheds as well as the ePfecis ofthe other transportation pro.jccts should be adequately assessed
in this study.
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4. The document is organized by presenting the narrative of the document first and providing the
figures associated with the nartative in a separate Appendix at the end of the document. This makes
it difficult to review the narrative while referring to the figures referenced in the narrative. Please
insert the figures in appropriate locations within the nartative to facilitate reviewing the document.
General Comments:
5. 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 ]SA NCAC 2H.0506(h), it is preferable to present a conceptual (if not finalized)mitigation plan
with the emironmental documentation. Appropriate mitigation plans will be required prior to
issuance of a 401 Water Quality Certification.
6. 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 stortn water runoff through best management practices as detailed in the
most recent version of NCDWQ's Stormwater Best Management Practices, such as grassed swales,
buffer areas, preformed scour holes, retention basins, etc.
7. .After the selection of the preferted altemative 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 of greater than 1 acre to wetlands. 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.
8. In accordance with the Environmental Management Commissiods Rules {I SA NCAC
2H.0506(h)}, mitigation will be required for impacts of greater than I50 lineaz 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.
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 cortesponding
mapping.
10. NCDWQ is very concerned with sediment and erosion impacts that could result from this project.
NCDOT 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.
I 1. 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 ]0, 2004.
12. NCDOT is respectfulh�reminded that all impacts, including but not limited tq bridging, fill,
exc-ivation and clearirg, and rip rap to jurisdictional wetlands, streams, and riparian buffers nee!I to
be inclu?ed in the fin��l im�_act eale�:latiens. ''.'hcse im�.�acts. in addition t�am con;truction imp.,cts,

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. temporary or otherwise, also need to be included as part of the 401 Water Quality Certification
Application.
13. 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 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, NCDOT should not install the bridge bents in the creek,to the
maximum extent practicable.
14. 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 aflow for human and
wildlife passage beneath the strucwre. Fish passage and navigation by canoeists and boaters shal(
not be blocked. Bridge supports (bents)shall not be placed in the stream when possible.
l5. Bridge deck drains shall not discharge directly into the stream. Stortnwater shall be directed across
the bridge and pre-treated through site-appropriate means(grassed swales, pre-Fortned 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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' 16. Sediment and erosion control measures shall not be placed in wetlands or streams.
17. Borrow/waste areas shall avoid wetlands to the maximum extent practicaL [mpacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could
precipitate compensatory mitigation.
18. The 40l Water Quality Certification application will need to specifically address the proposed
methods for stortnwater management. More specifically, stormwater shall not be permitted to
discharge directly into streams or surface waters.
19. Based on the information presented in the document,the magnitude of impacts to wetlands and
streams may require an individual permit application to the Corps of Engineers and corresponding
401 Water Quality Certification. Please be advised that a 401 Water Quality CeRification 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.
20. [f 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.
21. If temporary access roads or de[ours are conshucted,the site shall be �raded to its preconstruction
contours and eleval ions. llisturbed arcas shall be seeded or mulched to stnbilize [he soil and
appropriate native woody species shall be planted. When using temporary strucwres the area shall
h•� clear;d but not g�ubbed. Cle..ring rhe area wi[h chain saws; mowc:s, bush-ho�;s, or cther

mechanized equipment and leaving the stumps and root mat intact allows the area to re-vegetate .
naturalfy and minimizes soil disturbance.
22. Placement of culverts and other shuctures 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 strucwres
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of weNands 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 NCD WQ. [f this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please wntact the NCDWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required.
23. 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 shall be avoided. Stream
channel widening at the inlet or outlet end of structures typicaily decreases water velocity causing
sediment deposition that requires increased maintenance and disrupts aquatic life passage.
24. ►f 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.
25. 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. .
26. 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 bertns, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.
27. While the use ofNational Wetland Inventory(NW[) maps,NC Coastal Region Evaluation of
Wetland Significance(NGCREWS) maps and soil survey maps are useful tools,their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit
approval.
28. 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 should be inspected daily and maintained to prevent contamination of surface waters
from leaking fuels, lubricants, hydraulic fluids, or other toxic materials.
29. Riprap shall not be placed in the active thalweg channel a placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures shall be. properly designed,
sizcd and installed.
` 30. Riparian vegetation (native trees and shrubs) shall he preserved to the maximwn extent possible.
Riparian vegetation must be reestablished within the construction limits ofthe project by the end of
the growii:g season folluwin,,co�r.pletion of construction.

NCDWQ appreciates the opportunity to provide comments on your project. Shall you have any questions
or require any additional infortnation, please contact Brian Wrenn at 919-807-6365.
cc: Lori Beckwith, US Army Corps of Engineers,Asheville Field Office
Clarence Coleman, Federal Highway Administration
Chris Militscher, Environmental Protection Agency(electronic copy only)
Marella Buncick, US Fish and Wildlife Service(electronic copy only)
Marla Chambers, NC Wildlife Resources Commission
Mike Parker, NCDWQ Asheville Regional Office
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