20150623 Ver 1_Scoping Comments_20130204

February 4, 2013
MEMORANDUM
To: Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
L From: Mason Herndon, Division of Water Quality, Fayetteville Regional Office
Subject: Comments on the Final Finding of No Significant Impact related to proposed replacement
of Bridge 116 on NC 24 -210 (Rowan Street) over CSX, Norfolk• Southern Railroads and
Hillsborough St and Intersection Improvements, Cumberland County, Federal Aid
Project No. BRNHS- 0024(24), State Project No. 8.14444501, TIP B -4490, State
Clearinghouse Project No. 13 -0279.
This office has reviewed the referenced document dated December 10, 2012. 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:
As noted in Section V -B of the document, Cross Creek are class C; 303(d) waters of the State. Cross
Creek is on the 303(d) list for impaired use for aquatic life due to habitat degradation. NCDWQ is
very concerned with sediment and erosion impacts that could result from this project. The 401
Water Quality Application must document the measures implemented in accordance with Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) to reduce the risk of further impairment
to Cross Creek, as well as, measures taken to provide treatment of the storm water runoff through
best management practices as detailed in the most recent version of NCDWQ Stormwater Best
Management Practices.
Based on the information provided at the site visit on August 15, 2012, a four barrel box culvert
may be the proposed structure at Cross Creek. The 401 Water Quality Application must include
details on how the multiple barrel culvert has been designed to mimic the natural stream cross
section by use of pipes or barrels at flood plain elevation, floodplain benches, and/or sills 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.
3. At the August 15, 2011 agency feld meeting there were discussions about the possibility of
installing two culverts at the Cross Creek site rather than one 720 foot culvert at the current
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proposed location. The engineers at the field meeting expressed concerns that two culverts may
create "slack water" between the culverts which may have an effect on the 100 -year flood water
surface elevation upstream. Additional detailed information concerning the effects of having two
culverts rather than a single culvert at this location and justification on why this is not a practicable
alternative must be included in the 401 Water Quality Application to assist the Division in making a
permitting decision.
General Comments:
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 {I 5A 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.
5. In accordance with the Environmental Management Commission's Rules 11 5A 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.
6. 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.
7. 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 factors that would reduce the impacts.
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
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, NCDOT should not install the bridge bents in the creek, to the
maximum extent practicable.
10. Sediment and erosion control measures should not be placed in wetlands or streams.
11. 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.
12. 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.

13. Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may 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 NCDOT 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.
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 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.
16. 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 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.

22. 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 Mason Herndon at (910) 308 -4021 or
[e-mail].
ec: Ronnie Smith, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Militscher, Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
Belinda Henson, NCDWQ Fayetteville Regional Office
Sonia Carrillo, NCDWQ Central Office
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