HomeMy WebLinkAbout20211409 Ver 1_U-6223-CatExComments_20210316 ROY COOPER. 5 o.
Governor
DIONNE DELLI—GATTI ''` ,as r% �_`
Secretary r` Qu^�^'n0`t�-
S.DANIEL SMITH NORTH CAROL!NA
Director Environmental Quality
March 16,2021
MEMORANDUM
To: Lyn Hardison,Environmental Coordinator,Office of Legislative and Intergovernmental Affairs
From: Rob Ridings,Division of Water Resources,Transportation Permitting Branch
Subject: Comments on the CE related to the proposed NCDOT extension of SR 1560 in Johnston County,Federal
Aid Project No. 1560004& 1560005,TIP No.U+6223, State Clearinghouse Project No.21-0872.
This office has reviewed the referenced document dated March 12,2021. The NC Division of Water Resources
(NCDWR)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,buffers and/or other surface waters. The NCDWR offers the following comments
based on review of the aforementioned document:
Project Specific Comments:
1. To meet the requirements of NCDOT's NPDES permit NCS000250,the road design plans shall provide
treatment of the stormwater runoff through BMPs as detailed in the most recent version of the North Carolina
Department of Transportation Stormwater Post-Construction Stormwater Program Manual, and the Best
Management Practices Toolbox Manual. The BMPs should,to the MEP,be selected and designed to reduce impacts
of the target pollutants of concern(POCs)for the receiving waters.
2.Little Creek and its tributaries are class C;NSW;303(d)impaired waters of the State.The NCDWR is very
concerned with sediment and erosion impacts that could result from this project.The NCDWR recommends that the
most protective sediment and erosion control BMPs be implemented in accordance with Design Standards in
Sensitive Watersheds(15A NCAC 04B .0124)to reduce the risk of further impairment to Little Creek.Post-
construction stormwater BMPs should,to the MEP,be selected and designed to reduce target POCs in the 303(d)list
for the receiving waters.
3. This project is within the Neuse Basin.Riparian buffer impacts shall be avoided and minimized to the greatest
extent possible pursuant to 15A NCAC 2B.0233. 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.0295. 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,coordinated with the North Carolina Division of Mitigation Services,must
be provided to the NCDWR 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,coordinated with
the North Carolina Division of Mitigation Services,must be provided to the NCDWR prior to approval of the Water
Quality Certification.
D_E North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
NORTH CAFIOUNA
Department of EnvIronmanlalouaitY 919.707.9000
General Transportation Project Comments:
4. The environmental document and application 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.
5.Environmental impact statement alternatives shall consider design criteria that reduce the impacts to streams and
wetlands from storm water runoff. To meet the requirements of NCDOT's NPDES permit NCS000250,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 the North Carolina Department of Transportation Stormwater Best
Management Practices Toolbox manual,which includes BMPs such as grassed swales,buffer areas,preformed
scour holes,retention basins,etc.
6.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. 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 North Carolina Division of Mitigation Services may be available to assist with wetland
mitigation.
7. 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 North Carolina
Division of Mitigation Services may be available to assist with stream mitigation.
8.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.
9. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The
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.
10.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 Resources Policy on the assessment of secondary and
cumulative impacts dated April 10,2004.
11. The 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 fmal 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.
12. Where streams must be crossed,the NCDWR 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 NCDOT should not
install the bridge bents in the creek,to the maximum extent practicable. (If you want specific bridging locations,put
in here.)
13.Whenever possible,the NCDWR 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
D_E C j North lnp of iromt Quality 1 W Ru
512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center Division Raleigh,Northofater Carolinaeso 2769rces 9-1617
NORTH CMOU A
Department or ammnmemai ue.uq 919.707.9000
passage and navigation by canoeists and boaters shall not be blocked. Bridge supports(bents)should not be placed
in the stream when possible.
14.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. To meet the requirements of NCDOT's NPDES permit NCS000250,please refer to the
most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices
Toolbox manual for approved measures.
15. Sediment and erosion control measures should not be placed in wetlands or streams.
16.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.
17. 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.
18.Based on the information presented in the document,the magnitude of impacts to wetlands and streams may
require an 404 permit 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 the
NCDWR. 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.
19. 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. Concrete shall be handled
in accordance with the NPDES Construction General Permit NCG010000.
20.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.
21.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. 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 downstream of the above structures.The applicant is required to provide evidence that
the equilibrium is being maintained if requested in writing by the NCDWR. If this condition is unable to be met due
to bedrock or other limiting features encountered during construction,please contact the NCDWR for guidance on
how to proceed and to determine whether or not a permit modification will be required.
22.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.
23.If foundation test borings are necessary;it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 3883/Nationwide Permit No. 6 for Survey Activities.
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North lnp of iromt Quality 1 W Ru
512 NorthCaro Salisbury iaDe Streetartment 11617Env Mail n Service enal Center Division Raleigh,Northofater Carolinaeso 2769rces 9-1617
NORTH CM CU A
Down or&.mmmo.!uu.uq 919.707.9000
24. 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.
25.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 the 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.
26.While the use of National Wetland Inventory(NWI)maps,NC Coastal Region Evaluation of Wetland
Significance(NC-CREWS)maps and soil survey maps are useful tools,their inherent inaccuracies require that
qualified personnel perform onsite wetland delineations prior to permit approval.
27.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.
28.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.
29.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 NCDWR appreciates the opportunity to provide comments on your project. Should you have any questions or
require any additional information,please contact Rob Ridings at rob.ridings@ncdenr.gov
-41 D North
512 Carolina Department1 of1617 EnMavironments[il Center Quality RaleighDivision of WaterNorth Resou27rces
North Salisbury Street Service , Carolina 699-1617
NORTH CAFIOUNA
Department or Ennmnmami maitY 919.707.9000