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Home My WebLink About20151218 Ver 1_Scoping Comments_20120924Department of Environment and Natural Resources Project Review Form 'u oject Number 13 -0101 County Orange Date Received 09/24/2012 Due Date 10/19/2012 eject Description Scoping Proposed project is for private crossing closures with the NC Railroad Norfolk Southern Railway at Gordon Thomas Dr Greenbriar Dr and Byrdsville Rd TIP No P- 44051, P 4405J P 4405K —1i s Project is being reviewed as indicated be1o1A 7 r egional Office Regional Office Area In House Rey icw Asheville ✓ Air Marine Fisheries Favetteviile ✓ Water Coastal Management Mooresville Aquifer Protection Water Resources Mgmt Raleigh ✓ Land Quality Engineer ✓Water Supply Section Washington UST ✓ Parks & Recreation Wilmington Water Quality Winston Salem ✓ Water Quality DOT Wildlife ✓ Wildlife — DOT Travis Wilson Waste Mgmt Air Qualrtv i,✓ Gr a_er Sign Off /Region Date In House Reviewer /Agency F es onse check all applicable) P ( PP ) No objection to project as proposed No Comment D Insufficient information to complete revieNA Other (specify or attach comments) f r I you have and questions please contact 2 6 i 'iElba McGee, Environmental Coordinator at Melba McGee(&ncdenr ao-* "gyp N� s �OJZ r ';'qT� H STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Beverly Eaves Perdue Governor September 21, 2012 Mr Brian Wrenn DENR Division of Water Quality 1650 MSC Raleigh NC 27699 1650 Dear Mr Wrenn Sep 4t444, o N g2 PMR 41 Ug ?0/,) 4,o Eugene A K J,, Secretary Subject Proposed Private Crossing Closures with the North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway at Gordon Thomas Drive (TIP No P 4405I), Greenbriar Drive (TIP No P 4405J), and Byrdsville Road (TIP No P 4405K) in Orange County The North Carolina Department of Transportation ( NCDOT) proposes to close private North Carolina Railroad (NCRR)/Norfolk Southern (NS) Railway crossings at Gordon Thomas Drive, Greenbriar Drive and Byrdsville Road in Orange County (see Figure 1 for protect location) These rail crossings were identified in NCDOT s Private Crossing Safety Initiative (PCSI) report completed in October 2003 and updated in December 2009 This initiative proposes safety improvements along the Raleigh to Charlotte Sealed Corridor that close private crossings where feasible and protect the remaining open private crossings with crossbucks, automatic flashers and gates, signals and/or locking gates This track is part of the Southeast High Speed Rail corridor (SEHSR), which when complete, will provide high speed passenger rail service between Washington, DC and Charlotte, NC We would appreciate any information you have that would be helpful in evaluating potential community and environmental impacts for this project If applicable, please identify any permits and/or approvals required by your agency Please note that there will be no formal interagency scopmg meeting for this project This letter constitutes solicitation for scoping comments related to the project It is desirable that you respond by November 7, 2012, so that your comments can be used in the preparation of a proposed federally funded Environmental Assessment (EA) in accordance with the National Environmental Policy Act MAILING ADDRESS NC DEPARTMENT OF TRANSPORTATION RAIL DIVISION 1553 MAIL SERVICE CENTER RALEIGH NC 27699 1553 TELEPHONE 919 733 7245 FAX 919 715 -6580 WEBSI rE www bytrain org LOCATION TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC The following describes the general features of the study area, as well as anticipated environmental impacts Proposed Improvements • Crossing #735 199Y/MP H 48 49/ Gordon Thomas Drive (P -4405) This crossing provides access to Old NC 10 (SR 1710) for six properties located south of the NCRR The crossing occurs in an area where NS operates one mainline track and a passing siding While the track section is straight at this location, it quickly enters a curved section both east and west of the crossing The sight distance for train crews on either approach to the crossing is limited by heavy foliage on both sides of the track The crossing is vertically humped and is protected by crossbucks Much of the property surrounding the six parcels is owned by Duke University and is part of their School of Forestry Alternative access to these properties will be considered using Paschall Drive west of Gordon Thomas Drive (see Figure 2) From there drivers will be able to access Old NC 10 via Dove Creek Road (SR 1715) or Murphy School Road (SRI 714) • Crossing #726 305F/MP H 47 62/ Greenbriar Drive (P- 4405.) This crossing serves eight residential parcels located north of the railroad and provides access to Old NC 10 (SR 1710) The crossing is located along a straight section of track There is heavy foliage on all four approaches to the crossing The roadway approaches are gravel, and the southbound approach is slightly humped The crossing is protected by crossbucks The railroad overpasses Old NC 10 approximately 550 feet east of the crossing The Greenbrier subdivision abuts the Whispering Pines subdivision immediately to the east which has direct access to Old NC 10 without crossing the railroad Alternative access will be considered parallel to the track to connect Greenbrier Drive to Spruce Pine Trail in the Whispering Pines subdivision A new roadway will be studied in two locations (see Figure 2) One will be from Greenbriar Drive approximately 400 feet north of the railroad crossing to Spruce Pine Trail approximately 450 feet north of Old NC 10 The other will be from the northern end of Greenbriar Drive to Spruce Pine Trail where Spruce Pine Trail turns to the east • Crossing #735 189T/MP H 43 89/Byrdsville Road (P- 4405K-) This crossing serves a large subdivision of permanent and mobile homes The crossing is protected by automatic warning devices The approach roadway is paved and is approximately 16 feet wide The westbound approach is curved The crossing is slightly humped and there is heavy foliage on three of the four approaches Approximately 70 homes are served by this crossing Residential areas south of Byrdsville Road are surrounded on three sides by Duke University property (Duke Forest) which will most likely remain undeveloped Alternatives will be considered for Byrdsville Road to have access to NC 86 to the west A new roadway is proposed to connect Byrdsville Road to Walter Clark Drive (see Figure 3) From there, drivers can follow Walter Clark Drive north to NC 86 Driveway improvements will also be considered in two locations to maintain connectivity to residential areas north of Byrdsville Road N Water Resources All three project study areas fall within the Neuse River Basin (USGS Hydrologic Unit 03020201) (DWQ Subbasin 03 04 01) However, the Gordon Thomas Drive study area is adjacent to the Cape Fear River Basin The Gordon Thomas Drive and Greenbrar Drive study areas are within the Eno River Water Supply Watershed The Byrdsville Road study area is not in a water supply watershed Based on a review of the USGS topographic map and the National Wetland Inventory (NWI) mapping inventory, an unnamed tributary (UT) to Rhodes Creek flows adjacent to the Gordon Thomas Drive study area and through the Greenbnar Drive study area Stony Creek is adjacent to the Byrdsville Road crossing, and a NWI wetland is partially within the study area A full natural resources investigation will be conducted for the project to determine if there are any impacts to natural resources including jurisdictional waters Federally Protected Species Five (5) federally protected species are listed for Orange County according to the September 22, 2010 US Fish and Wildlife Service species list The currently listed species include the following Common Name Scientific Name Status* Bald eagle Halweetus leucoce halus BGPA* Red cockaded woodpecker Picoides borealis Endangered Dwarf wed emussel Alasmzdonta heterodon Endangered Michaux s sumac Rhus michauxii Endangered Smooth coneflower I Echanacea laevi ata I Endangered *FSC = Federal Species of Concern BGPA = Bald and Golden Eagle Protection Act A natural resources investigation will be conducted to determine if any endangered or threatened species are in the project study area Historic Architectural and Archaeological Resources A preliminary database search shows one property listed on the National Register of Historic Places near the study areas The Murphy School on the southwest corner of Old NC 10 and Murphy School Road (SR 1714), is within 0 3 mile of the Greenbnar Drive crossing but is not within the study area limits NCDOT will conduct appropriate studies to determine if the project will have an effect on historic or archaeological resources 3 Thank you for assisting us in this study If further information regarding the proposed action or the environmental analysis process is required, please contact me by phone at (919) 707 -4705 or by email at mhamel @ncdot gov Sincerely 4j- Marc L Hamel, Rail Environmental Manager NCDOT Rail Division Environmental and Planning Branch MH /mlr Attachments 2 SI ATE ()I: NOR III UAIMLINA DEPARTMENT OF TRANSPORTATION oc: R. 111, 1) I\ISIO\ Project Vicinity Map P- 4405I9 J, & K Private Crossing Safety Initiative Crossings at Gordon Thomas Drive, Greenbriar Drive, & Byrdsville Road Orange County AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary October 9 2012 -- d MEMORANDUM To Marc Hamel NCDOT Rail Division From Amy Euliss NC Division of Water Quality Winston Salem Regional Office Subject Scoping comments on Private CIossing Closures with the North Carolina Railroad (NCRR)/Norfolk Southern(NS)Railway crossings at Gordon Thomas Drive Greenbi iar Drive and Byrdsville Road in Orange County TIP nos P 44051 P 4405J and P4405K respectively Reference your correspondence dated September 21 2012 in which you requested comments for the referenced project Preliminary analysis 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 Stream Stream Index Buffered Basin Basin Classification(s) Number Rhodes Creek and UTs Neuse WSIV NSW 27 2 13 (2) Neuse Stony Creek and UTs Neuse Class C NSW 27 2 14 Neuse Piney Mountain Creek Cape WSV NSW 16 41 1 8 Jordan ,, and UTs Fear I' Further investigations at a higher resolution should be undertaken to vet ify the presence of other streams 1 and/or jurisdictional wetlands in the area In the event that any jurisdictional areas are identified the Division of Water Quality requests that NCDOT consider the following environmental issues for the j I proposed project 3 I Project Specific Comments 1 Rhodes Creek Stony Creek Piney Creek and their unnamed tributaries are 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 nuts rent runoff to Rhodes Creek Stony Creek Piney Creek and their unnamed tributaries NCDWQ requests that road design plans provide treatment of the t storm water runoff through best management practices as detailed in the most recent version of NCDWQ s Stormwatet Best Management Ptacttces i 2 These projects are within the Neuse River and Jordan Lake Riparian buffer impacts shall be avoided and minimized to the greatest extent possible pursuant to 15A NCAC 2B 0233 (Neuse) and 0267(Jordan) New development activities located in the protected 50 foot wide riparian f. areas within the basin shall be limited to uses identified within and constructed in accordance Transportation and Permitting Unit 1�TOne 1650 Mail Service Center Raleigh North Carolina 27699 1617 N o hCarollna i Location 512 N Salisbury St Raleigh North Carolina 27604 t Phone 919807.63001 FAX 919-807-6492 aturall1 t Internet www ncwaterquality orq k, An Equal Opportunity I Affirmative Action Employer 1 with 15A NCAC 2B 0233 (Neuse)and 0267(Jordan 0607) 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 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 General Project 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) K mitigation plan with the environmental documentation Appropriate mitigation plans will be required pnor 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 Pt actrces Manual July 2007 such 1 as grassed swales buffer areas preformed scour holes retention basins etc a 3 After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality I 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 4 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 mitigation 5 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 NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic environments and any mitigating factor s 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 8 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 1 , 1 1 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 I9 Where streams must be crossed NCDWQ prefers bndges 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 NCDOT 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 pie 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 Stmrnwater Best Management Practices 12 Sediment and erosion control measui es should not be placed in wetlands or streams i 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 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 wi itten 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 piactical 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 i 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 Clear ing the area with chain saws mowers bush hogs or other 1 G f i mechanized equipment and leaving the stumps and root mat intact allows the area to re vegetate naturally and minimizes soil disturbance 18 Unless otherwise authorized placement of culverts and other structures in waters and streamsshall be placed below the elevation of the sti eambed 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 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 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 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 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 1 leaking fuels lubricants hydraulic fluids or other toxic materials 1 ( 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 I 26 Riparian vegetation(native trees and shrubs)shall be preserved to the maximum extent possible Ripanan vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction g � I Ii Thank you for requesting our input at this time NCDOT is reminded that issuance of a 401 Water Quality Certification requires that appropriate measures be instituted to ensure that water quality standards are met and designated uses are not degi aded or lost If you have any questions or require additional information please contact Amy Euliss at(336) 771 4959 cc Andy Williams US Army Corps of Engineers Raleigh Field Office (electronic copy only) Wetlands/401 Tiansportation Permitting Unit(electronic copy only) File Copy II I�C Qi tI J ` Ar l0. sf t I.