20181416_Environmental Assessment Comments_20120322

WKWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakdd P E
Governor Director
March 22 2012
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 the proposed improvements to
NC 24/NC 27 from NC 740 in Albemarle to the proposed Troy Bypass west of Troy
Stanly and Montgomery Counties Federal Aid Project No BRSTP 0024(33) TIPS R
2530B B 4974 and R 2527
State Clearinghouse Project No 12 0224
This office has reviewed the referenced document dated December 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
Protect 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 It is stated that there are no waters within the study area that are included on the Final 2010
303(d) list It should be clarified that the Final 2010 and Draft 2012 303(d) lists include all 13 178
surface waters in North Carolina for limited fish consumption advisories due to elevated
concentrations of mercury in fish tissue of several species
Review of the project reveals the presence of surface waters classified as Water Supply Critical
Area in the project study area 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 This would apply for any area that drains to
streams having WS CA(Water Supply Critical Area) classifications
4 Should the bridge project be located within the Critical Area of a Water Supply NCDOT may be
required to design construct and maintain hazardous spill catch basins in the project area The
number of catch basins installed should be determined by the design of the bridge so that runoff
Transportation and Permitting Unit
1650 Mad Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
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would enter said basin(s) rather than flowing directly into the stream and in consultation with
NCDWQ
5 Review of the project reveals the presence of surface waters classified as C 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 As such the NCDOT is strongly encouraged to
contact the NCDWQ to discuss appropriate permitting requirements and strategies
Table 1 shows the cost estimates for the project It is noted that the amount allowed for mitigation
for projects R 2530B and B 4974 is zero It is not clear to NCDWQ why no funds are /were
allocated to mitigation for these two projects when Table 5 and Tables 11 16 clearly indicate that
there will be enough impacts to streams and wetlands associated with these two projects to
warrant mitigation
In Table 6 (Summary of Environmental Effects) the residential and business relocations for R
2530B state to See B 4974 It is unclear what this means there is no footnote explanation and it
is not discussed in the text Additionally it is not clear whether it is referring to Alternative 1 or
Alternative 4 under B 4974
The NCDWQ prefers ons►te mitigation as opposed to offsite or in lieu fee mitigation The
NCDWQ strongly encourages the NCDOT to thoroughly investigate any potential onsite
mitigation opportunities as is stated on page 34
9 With respect to the Bridge Demolition section on page 35 if demolition of Bridge 51 is to
occur the NCDOT should follow the Removal of Existing Structures guidance referenced and
select a demolition method and procedure(s) that prevents pieces of the bridge from falling in the
river during the demolition /removal process Also there is a reference to project B 2527 it is
believed it should actually reference project B 4974
10 There is a brief discussion of the anticipated indirect and cumulative effects (ICE) discussed on
page 53 The conclusion by the NCDOT is that ICE will be minimal primarily due to federal land
ownership land planning regulations and water supply watershed regulations While this
conclusion may be true based on these factors the NCDWQ would like to know that other factors
have been considered as well The NCDWQ would like to see the NCOT s screening criteria
table included This would show that other factors other than land ownership and current policy
which can change rather quickly have been evaluated on a quantitative level
General Comments
11 The environmental document should provide a detailed and itemized presentation of the proposed
impacts to wetlands and streams with corresponding mapping If mitigation is necessary as
required by 15A NCAC 2H 0506(h) it is preferable to present a conceptual (if not finalized)
mitigation plan with the environmental documentation Appropriate mitigation plans will be
required prior to issuance of a 401 Water Quality Certification
12 Environmental assessment 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

13 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
14 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 or 150
linear feet to any single perennial or intermittent 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
15 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
16 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
17 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 should allow for human
and wildlife passage beneath the structure Fish passage and navigation by canoeists and boaters
should not be blocked Bridge supports (bents) should not be placed in the stream when possible
18 Bridge deck drains should not discharge directly into the stream Stormwater should be directed
across the bridge and pre treated through site appropriate means (grassed swales pre formed
scour holes vegetated buffers etc ) before entering the stream Please refer to the most current
version of NCDWQ s Stormwater Best Management Practices
19 Sediment and erosion control measures should not be placed in wetlands or streams
20 Borrow /waste areas should 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
21 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
22 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 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

23 Unless otherwise authorized placement of culverts and other structures in waters and streams
should 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 should not be
conducted in a manner that may result in dis equilibrium of wetlands or streambeds or banks
adjacent to or upstream and downstream of the above structures The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If
this condition is unable to be met due to bedrock or other limiting features encountered during
construction please contact NCDWQ for guidance on how to proceed and to determine whether
or not a permit modification will be required
24 If multiple pipes or barrels are required they should 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 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
25 If foundation test borings are necessary it should be noted in the document Geotechnical work
is approved under General 401 Certification Number 3687/Nationw►de Permit No 6 for Survey
Activities
26 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 ofNCS000250
27 Riprap should 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 should be properly
designed sized and installed
28 Riparian vegetation (native trees and shrubs) should 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
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] or
David Wamwright @ncdenr gov
cc Ronnie Smith US Army Corps of Engineers Wilmington Field Office (electronic copy only)
Clarence Coleman Federal Highway Administration
Chris Militscher Environmental Protection Agency (electronic copy only)
Gary Jordan US Fish and Wildlife Service (electronic copy only)
Travis Wilson NC Wildlife Resources Commission (electronic copy only)
Mason Herndon NCDWQ Fayetteville Regional Office
File Copy