HomeMy WebLinkAboutUS 401 Corridor Study April 2021.pdf _=--,-0.STATE 0,''',,,
ROY COOPER
Governor V O f
DIONNE DELLI-GATTIt,z.t6
Secretary *fscp,e4,0 *_.-
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
April 14,2021
MEMORANDUM
To: Greg Price,NCDOT Division 6 Division Environmental Officer
From: Joanne Steenhuis,NC Division of Water Resources,Wilmington Regional Office?)7
Subject: Scoping comments on proposed potential highway and multimodal improvements for US 401 from SR
3724(Banks Road)north of Fuquay-Varina in Wake County in the Town of Lillington in Harnett County
as well as the proposed Fuquay-Varina/US 401 Bypass in Wake County.
Reference your correspondence dated April 6,2021 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 Basin Stream Stream Index 303(d)Listing
Classification(s) Number
Middle Creek Neuse C;NSW 27-43-15-(4) Yes
Terrible Creek Neuse C;NSW 27-43-15-8-(2) Yes
Mills Branch Neuse C;NSW 27-43-17-7 N/A
Kenneth Creek Cape Fear C 18-16-1-(1) Yes
Neils Creek(Neals Creek) Cape Fear C 18-16-(0.3) Yes
Little Black Creek Neuse C;NSW 27-45-3 N/A
Black Creek Neuse B;NSW 27-45-(1) N/A
Hector Creek Cape Fear _ C;HQW 18-15-(0.4) N/A
Coopers Branch Cape Fear WS-IV:HQW 18-15-1 N/A
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 jurisdictional areas are identified,the Division of Water
Resources requests that NCDOT consider the following environmental issues for the proposed project:
Project Specific Comments:
1. Black Creek is classified as B;NSW and Middle Creek,Terrible Creek,Mill Creek and Little Black Creeks
are classified as C;NSW waters of the State. The NCDWR is very concerned with sediment and erosion
impacts that could result from this project. The NCDWR recommends that highly protective sediment and
erosion control BMPs be implemented to reduce the risk of nutrient runoff to these Creeks. Post-
construction stormwater BMPs should,be designed to the MEP,be selected and designed to reduce
nutrients.
2. Middle Creek,Terrible Creek,Kennth Creek and Neils Creek have been identified as 303(d)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)or
comparable BMPs to reduce the risk of further impairment to these Creeks. Post-construction stormwater
BMPs should be selected and designed to the MEP,to reduce target POCs in the 303(d)list for the
receiving waters.
D_E�.. of l Quality I of Wt Rrc
v
Department �%/� 512 NorthNorthCarolina Salisbury StreetDepartment 1 1617 MEnvironmentaail Service Center I RaleighDivision,Northa Carolinaeresou
27699-1617es
NORTH CAROLINA
me�vi�o�menalQ Quality � 919.707.9000
3. 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,
the NCDWR 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.
Should the bridge project be located within the Critical Area of a Water Supply,the 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 would enter said
basin(s)rather than flowing directly into the stream,and in consultation with the NCDWR.
4. Review of the project reveals the presence of surface waters classified as WS-IV;High Quality Waters of
the State in the project study area. This is one of the highest classifications for water quality.
5. This project is within the Neuse River 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.02B .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,
including use of 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.
General Project Comments:
6. 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.
7. 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 BMPs as detailed in the most recent version of the North
Carolina Department of Transportation Stormwater Best Management Practices Tool box manual, such as
grassed swales,buffer areas,preformed scour holes,retention basins,etc.
8. 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. North Carolina Division of Mitigation
Services may be available for assistance with wetland mitigation.
9. In accordance with the Environmental Management Commission's Rules(15A NCAC 2H.0506[h]),
mitigation will be required for impacts of greater than 300 linear feet to any perennial 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 for assistance with stream
mitigation.
10. 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.
11. 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.
12. 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 Resource Policy on the assessment
of secondary and cumulative impacts dated April 10,2004.
13. 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 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.
14. 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.
15. 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 passage and navigation by canoeists and boaters shall not be blocked. Bridge
supports(bents)should not be placed in the stream when possible.
16. 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.
17. Sediment and erosion control measures should not be placed in wetlands or streams.
18. 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.
19. 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. 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.
20. Based on the information presented in the document,the magnitude of impacts to wetlands and streams is
unknown and may require an Individual Permit(IP)or Nationwide(NW)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.
21. 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.
22. 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.
23. 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.
24. 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.
25. If foundation test borings are necessary;it shall be noted in the document. Geotechnical work is approved
under General 401 Certification Number 4085/Nationwide 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 of NCS000250.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
Thank you for requesting our input at this time. The 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 degraded or lost. If you have any questions or require additional information,please contact
Joanne Steenhuis at(910)796-7306 or joanne.steenhuis@ncdenr.gov.
Electronic copy only distribution:
Katharine Mather,AICP,WSP
Rob Ridings,NC Division of Water Resources
Jim Rerko,NC DOT Division 6 Project Development and Environmental Analysis Engineer
Liz Hair,US Army Corps of Engineers,Wilmington Field Office
Kristi Lynn Carpenter,NCDWR
File Copy