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Home My WebLink About20100466 Ver 0_Scoping Comments_20100311Department of Environment and Natural Resources Project Review Form Project Number 10 -0330 County Dare Date Received 03/11/2010 Due Date 4/5/2010 46�A Project Description &eeV+Fg- - Highway improvements on 5 28 miles of NC 12 from Whalebone Junction to Bodie Island District Ranger Station, at Cape Hatteras National Seashore, Dare County View info at http Uparkplanning rips gov /caha Response (check all applicable) No objection to project as proposed No Comment Insufficient information to complete review Other (specify or attach comments) D� �� . 4� 4 If you have any questions please contact "'�`� MAR 1 fl 2010 Melba McGee, Environmental Coordinator at Melba McGee(a),ncdenr gov DENR WATERQUAUTY _ ...... Ilk �I is Project is being reviewed as indicated t)e ow Regional Office Regional Office Area In House Review Asheville ✓ Air Soil & Water ✓ Marine Fisheries Fayetteville ✓ Water ✓ Coastal Management Water Resources Mooresville ✓ Aquifer Protection Wildlife ✓ 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 ✓ ateV QuaIif DOT Air Quality Manager Sign Off/Region Date In House Reviewer /Agency Response (check all applicable) No objection to project as proposed No Comment Insufficient information to complete review Other (specify or attach comments) D� �� . 4� 4 If you have any questions please contact "'�`� MAR 1 fl 2010 Melba McGee, Environmental Coordinator at Melba McGee(a),ncdenr gov DENR WATERQUAUTY _ ...... Ilk �I J ff "A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director March 29 2010 MEMORANDUM 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 Environmental Assessment related to proposed highway improvements on 5 28 miles of NC 12 from Whale Bone Junction to Bodie Island District Ranger Station in the Cape Hatteras National Seashore Dare County State Clearinghouse Project No 10 0330 This office has reviewed the referenced document dated March 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 to jurisdictional wetlands streams and other surface waters The NCDWQ offers the following comments based on review of the aforementioned document Protect Specific Comments The Alternative C — Road Improvements and Widened Shoulders (NPS and FHWA preferred Alternative) section should discuss culvert replacement Culvert replacement is discussed briefly for Alternative B but is not discussed specifically for Alternative C For example will the culverts be of the same diameter as existing? How much longer will they need to be? Will there be any additional impacts associated with replacing the culverts? General Comments 2 After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification the NPS and FHWA are 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 Transportation Pemutting Unit 1650 P1ail Se�vice t, -nter Raleigh North Carolina 2r6ga 16j0 Location 2321 urabtree Blvd Raleigh North Caiolina 2 604 Phone 91g 733 1786 FAX 919 733 6893 Internet h'tp h2o enr state nc us ncwetlands/ 11 31 ., t u i ffir native Action End yer One NorthCarohna ;Vatura!!tl 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 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 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 The NPS and FHWA are respectfully reminded that all impacts including but not limited to bridging fill excavation and clearing and np 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 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 8 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 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 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 the NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact the NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 11 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 floodplam benches and /or sills may be required where appropriate Widening the stream channel shall be avoided Stream f, 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 12 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 13 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 14 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 Shall you have any questions or require any additional information please contact David Wainwright at (715 3415) cc Bill Biddlecome US Army Corps of Engineers Washington Field Office Chris Militscher Environmental Protection Agency (electronic copy only) Travis Wilson NC Wildlife Resources Commission (electronic copy only) Cathy Brittmgham Division of Coastal Management Garcy Ward NCDWQ Washington Regional Office File Copy