20120285 Ver 1_Scoping Comments_20090630

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
(;nvPrnnr ntrPrtnr Secretary
June 30 2009
MEMORANDUM
To Melba McGee Environmental Coordinator Office of Legislative and Intergovernmental Affairs
From Polly Lespinasse Division of Water Quality Mooresville Regional Office
Subject Comments on the Draft Environmental Impact Statement Related to the Proposed Gaston East
West Connector, Gaston and Mecklenburg Counties, Federal Aid Protect No STP 1213(6), State
Protect No 8 2812501, WBS Element 34922 1 TA 1, STIP Project Number U 3321, DENR Project
No 09 0322, Due Date 07/01/09
This office has reviewed the referenced document dated April 2009 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
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
Abernethy Creek Crowders Creek and Catawba Creek are Class C 303(d) Waters of the State Abernethy Creek
Crowders Creek and Catawba Creek are on the 303(d) list for impaired use for aquatic life due to impaired biological
integrity Crowders Creek is also on the 303(d) list for impaired use for aquatic life due to fecal coliform 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 wit implemented in
accordance with Design Standards in Sensitive Watersheds to reduce the risk of nutrient runoff to Abernethy Creek
Crowders Creek and Catawba Creek NCDWQ requests that road design plans provide treatment of the storm water
runoff through best management practices as detailed in the most recent version of NCDWQ Stormwater Best
Management Practices
2 This project is within the Catawba River Basin Riparian buffer impacts should be avoided and minimized to the
greatest extent possible pursuant to 15A NCAC 2B 0243 New development activities located in the protected 50 foot
wide riparian areas within the basin shall be limited to uses identified within and constructed in accordance with
15A NCAC 2B 0243 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 the NC Ecosystem Enhancement Program must be provided
to NCDWQ prior to approval of the Water Quality Certification
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] \ Fax [phone] Customer Service 1 877 623 6748
Internet www ncwaterquality org
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The recommended alternative (DSA 9) will impact approximately 7 5 acres of wetlands and 38 894 linear feet of
perennial streams In addition an additional 10 101 linear feet of intermittent streams will be impacted by this
project NCDWQ is concerned that the required amount of mitigation will not be available in the Hydrologic
Cataloguing Unit adjacent Hydrologic Cataloguing Unit and /or Ecoregion All efforts to avoid and minimize wetland
and stream impacts should be considered during the alternative selection and development process In addition
efforts should be made to identify on site mitigation opportunities
4 The document indicates that stormwater runoff effects can be minimized through implementation of local stormwater
ordinances NCDWQ remains concerned regarding the effects of stormwater runoff associated with the construction
of this project Stormwater discharges which are located within the riparian buffer associated with the Catawba River
Basin will require the implementation of the appropriate stormwater management facility in accordance with 1�A
NCAC 2B 0243 NCDWQ would recommend that the North Carolina Turnpike Authority (NCTA) consider
additional stormwater facilities in other areas of the project where the Catawba River Basin buffer regulations are not
applicable specifically in areas draining to those Jurisdictional resources which occur on the 303(d) list (indicated in
Item #1 above)
5 The NCTA should be aware that NCDWQ will require a quantitative Indirect and Cumulative Impacts (ICI) analysis
once the preferred alternative is selected
General Comments
1 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
2 Environmental impact statement 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 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
After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification the
NCTA 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 shall be designed to replace appropriate lost
functions and values The NC Ecosystem Enhancement Program may be available for use as wetland mitigation
4 In accordance with the Environmental Management Commission s Rules 115A NCAC 2H 0506(h)) mitigation will
be required for impacts of greater than 150 linear feet to any single perennial 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 shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping
6 NCDWQ is very concerned with sediment and erosion impacts that could result from this project The NCTA 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
7 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 10 2004

The NCTA 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
9 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 should 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 the NCTA should not install the bridge bents
in the creek to the maximum extent practicable
10 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 allow for human and wildlife passage beneath the structure Fish passage and
navigation by canoeists and boaters shall not be blocked Bridge supports (bents) should not be placed in the stream
when possible
11 Bridge deck drains shall not discharge directly into the stream Stormwater shall 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
12 Sediment and erosion control measures should not be placed in wetlands or streams
13 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
14 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
15 Based on the information presented in the document the magnitude of impacts to wetlands and streams will 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 NCTA 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
16 If 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
17 If temporary access roads or detours are constructed the site shall be graded to its preconstruction contours and
elevations Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody species shall
be planted When using temporary structures the area shall be cleared but not grubbed Clearing the area with chain
saws mowers bush hogs or other mechanized equipment and leaving the stumps and root mat intact allows the area
to re vegetate naturally and minimizes soil disturbance
18 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 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
19 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 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
20 If 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
21 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
22 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
23 While the use of National Wetland Inventory (NWI) maps and soil survey maps are useful tools their inherent
inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit approval
24 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 be inspected daily and
maintained to prevent contamination of surface waters from leaking fuels lubricants hydraulic fluids or other toxic
materials
25 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 should be properly designed sized and installed
26 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
NCDWQ appreciates the opportunity to provide comments on your project Should you have any questions or require any
additional information please contact Polly Lespinasse at [phone]
Cc Steve Lund US Army Corps of Engineers Asheville Field Office (electronic copy)
George Hoops Federal Highway Administration
Chris Militscher Environmental Protection Agency (electronic copy)
Marla Chambers NC Wildlife Resources Commission (electronic copy)
Marella Buncick US Fish and Wildlife Service (electronic copy)
Sonia Gregory NCDWQ Central Office (electronic copy)
File Copy