20140405 Ver 1_Scoping Comments_20120924

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly E aves Perdue Charles Wakild, P.E Dee Freeman
Governor Director Secretary

225 Green St., Suite 714, Fayetteville, NC 28301 -5043
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org

An Equal Opportunity \ Affirmative Action Employer – 50% Recycled \ 10% P ost Consumer Paper

September 21 , 2012

MEMORANDUM

To: Melba McGee, NCDENR Environmental Coordinator

From: Mason Herndon , NC Division of Water Quality, Fayetteville Regional Office

Subject: Scoping comments on proposed improvements at the intersection of Shannon Road (SR 1001 )
and NC 211 , Robeson County , WBS No. 4 5537 .1.1 4 , S TIP Project No. W -5 206N , State
Clearinghouse Project No. 13 -00 89 .

Reference your correspondence dated September 10 , 2012 in which you requested comments for the
referenced project. Preliminary a nalysis of the project reveals the potential for multiple impacts to
streams and jurisdictional wetlands in the project area. More specifically, impacts to:

Stream Name River Basin Stream
Classification(s)
Stream Index
Number
303(d)
Listing
Raft Swamp L umber WS -IV ;Sw 14 -10 -(5.5) Yes (1)
(1)Aquatic Life and Fecal Coliform

Further investigations at a higher resolution should be undertaken to verify the presence of other streams
and/or jurisdictional wetlands in the area. In the event that any jurisdictio nal areas are identified, the
Division of Water Quality requests that NCDOT consider the following environmental issues for the
proposed project:
Project Specific Comments:

1. Based on the information presented in the document, the magnitude of impacts to we tlands 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 by the NCDOT and written concurrence from NCDWQ. Please be aware that any
approval will be continge nt 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 .
General Project Co mments:

2. P rior 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 NC Ecosystem Enhancement
Program may be available for use as wetland mitigation.

3. 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 mitigatio n.

4. 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.

5. NCDWQ is very concerned with sediment and erosion i mpacts that could result from this project.
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.

6. An analysis of cumulative and seconda ry 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.

7. NCDOT is respectfully re minded 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 c onstruction impacts,
temporary or otherwise, also need to be included as part of the 401 Water Quality Certification
Application.

8. Where streams must be crossed, NCDWQ prefers bridges be used in lieu of culverts. However, we
realize that economic consider ations 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
pre ferable. When applicable, NCDOT should not install the bridge bents in the creek, to the
maximum extent practicable.

9. 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 b locked. Bridge supports (bents) should not be placed in the stream when possible.

10. 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 swa les, 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 .

11. Sediment and erosion control measures should not be placed in wetlands or streams .

12. 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.

13. The 401 Water Quality C ertification 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.

14. 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.

15. 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 wo ody 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.

16. U n less otherwise authorized, p lacement of culverts and other structures in waters and streamsshall
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 s hall 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
wi ll be required.

17. 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 appr opriate. 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.

18. 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.

19. Sediment and erosion control measures sufficient to pr otect 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.

20. All work in or adjacent to stream wat ers 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 excavat ion in flowing water.

21. 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.

22. 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

equip ment shall be inspected daily and maintained to prevent contamination of surface waters from
leaking fuels, lubricants, hydraulic fluids, or other toxic materials.

23. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a ma nner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed,
sized and installed.

24. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible.
Riparian vegetation must b e reestablished within the construction limits of the project by the end of
the growing season following completion of construction.

Thank you for requesting our input at this time. NCDOT is reminded that issuance of a 401 Water
Quality Certification req uires 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 me at (910 ) 308 -4021 or mason.herndon@nc denr.gov .

ec: Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish & Wildlife Service
Belinda Henson, DWQ Fayetteville Regional Office
Sonia Carrillo, DWQ Central Office
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