U-4726DE (3)

is
IWDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
February 29 2012
MEMORANDUM
To Jeff Brubaker Town of Carrboro
From Lauren Witherspoon, NC Division of Water Quality Raleigh Regional Office 4—W)
Subject Scoping commentslon proposed pedestrian and bicycle path between Homestead Road and Chapel Hill
High School in Orange County TIP U 4726DE
Reference your correspondence dated January 16 2012 in which you requested comments for the referenced
project Preliminary analysis of the project reveals the potential for impacts to'streams jurisdictional wetlands and
Jordan Lake buffers in the project area More specifically impacts to
Stream
Name
giver Basin
Stream
Classifications
Stream Index
Number
303(d) Listing
Bolus Creek
Cape Fear
(Jordan Lake watershed)
WS V,NSW
16-41 l 15 I (0 5)
Bolin Creek is 303(d)
listed downstream
I
om project area
Jolly Branch
Cape Fear
Jordan Lake watershed
WS V NSW
1641 1 15 12
Further investigations atia higher resolution should be undertaken to verify the presence of other streams and/or
jurisdictional wetlands in the area In the event that any jurisdictional areas are identified the Division of Water
Quality requests that the Town of Carrboro consider the following environmental issues for the proposed project
Project Specific Comments
Bolin Creek and Jolly'Branch are class WS V, NSW waters of the State NCDWQ is very concerned with
sediment and erosion impacts that could result from this project NCDWQ recommends that highly protective
sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff to Bolin Creek and
Jolfy Branch NCDWQprequests that road design plans provide treatment of the storm water runoff through best
management practices as detailed in the most recent version of NCDWQ s Stormwater Best Management
Practices
2 Buffer Rule
This project is within the Cape Fear River Basin (Jordan Lake Watershed) Riparian buffer impacts Aall be
avoided and minimized to the greatest extent possible pursuant to 15A NCAC 2B 0267 New dev V,!nt lina
ura!!y
North Carolina Division of Water Quality 1628 Mail Service Center Raleigh NC 27699 1628 Phone [phone] Customer Service
Internet www ncwaterquality org Location 3800 Barrett Dnve Raleigh <NCr 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/1095 Post Consumer Paper

activities located .,m the protected 50 -foot wide riparian areaswithm the basin shall be limited to uses
identified within and constructed in accordance with [l 5A NCAC 2B 0267(9)]
Buffer Determinations
Since you will be conducting an activity with the Jordan Lake Watershed you are required to identify all
streams that are subject to the Jordan Lake buffer rules These rules apply to features that are approximately
shown on the most recent version of the soil survey map prepared by NRCS or the most recent version of the
USGS 4 24 000 scale quadrangle If you contest the subjectivity of any of these features then you should
contact DWQ to conduct buffer determinations along and within 50 feet of the project corridor
Buffer Activities
It is our understanding that this�projedt proposes a pedestrian/bike path This would most likely fall under the
category of `Greenway/hilcmg trails in the Table of Uses [I 5A NCAC 2B 0267(9)] If the trails are designed
constructed and maintained to maximize nutrient removal and'erosion protection mmunize adverse effects of
aquatic life and habitat and protect water quality to the maxunum extent practical then this activity would be
considered Allowable If you decided to utilize bridges for you project this activity would also be considered
Allowable Allowable activities may proceed provided that there are no practical alternatives
If you propose to impact buffers within the project corridor then this activity would require written
authorization from DWQ since it will be conducted under the authority of the State
Buffer Mitigation
Buffer mitigation maybe required for buffer impacts resulting from activities classified as allowable with
mitigation within the Table of Uses' section of the Buffer Ruleslor,require a variance under the Buffer Rules
A buffer mitigation plan, includmgiuse 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 as
private mitigation bank or the NC Ecosystem Enhancement Program, must be provided to NCDWQ prior to
approval of the Water Quality Certification
General Project Comments
1 Prior to an issuance of the 401 Water Quality Certification and Buffer Authorization the Town of Carrboro is
respectfully reminded that they will need to demonstrate the avoidance and minimization of impacts to
wetlands streams an&buffers to the maximum extent practical
2 In accordance with the Environmental Management Commission s Rules ft NCAC,2H 0506(h))
mitigation will be required for impacts greater than 1 acre to wetlands and for impacts$greater than 1501mear
feet of stream channel In the event that mitigation mrequired the mitigation plan shall be designed to
replace appropriate lost functions and values A private mitigation bank or the NC Ecosystem Enhancement
Program (EEP) maybe available for use as stream mitigation An appropriate mitigation plan or a credit
report from mitigation bank or EEP will be required prior to the issuance of a 401 Water Quality
Certification
3 The Town of Carrboro 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 and Buffer
Authorization Application
4 Where streams must be crossed NCDWQ prefers bridges or spanning structures be used in lieu of culverts
However, we realize that economic considerations often require the use of culverts In areas where high
quality wetlands or streams are impacted a bridge or spanning structure may prove preferable When
applicable the Town of Carrboro should not install the bridge supports (bents) in the creek to the maximum
extent practicable
5 Spanning structures usually do not requireRwork within the stream or grubbing of the streambanks and do not
require stream channel realignment The horizontal and vertical clearances provided by badges shall allow
'for human and wildlife passage beneath the structure Fish passage and navigation by canoeists and boaters
shall not be blocked
6 Sediment and erosion control measures should,not be placed in wetlands or streams
7 The 401 Water Quality Certification/Buffer Authorization application will need to specifically address the
proposed methods for stormwater management and diffuse flow More specifically stormwater shall not be
permitted to discharge directly into streams or surface waters
8 If concretelis used during construction wdry 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
9 Unless otherwise authorized, placement of culverts and other structures in waters and streams 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
10 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 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
I 1 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
12 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
13 Heavy equipment should 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

beanspected daily and maintained to prevent contamination of surfacematers from leaking fuels, lubricants
hydraulic fluids or other toxic materials
Thank you for requesting our uiput at this time The Town of Carrboro is reminded that issuance of a 401 Water
Quality Certification/Buffer Authorization requires that appropriate measures be instituted to ensure that water
quality standards are met and designated uses are not degraded or lost If you have any questions or require
additional information, please contact Lauren Witherspoon at [phone]
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