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HomeMy WebLinkAboutU-5500Pat McCrory Governor A kv F WA MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles,Wakild, P. E. Director March 13, 2013 MEMORANDUM To: Lyn Hardison, NCDENR From: Rob Ridings, NC Division of Water Quality, Transportation Permitting Unit John Skvarla III Secretary 4///l Subject: Scoping comments Town of Cary proposed improvements to SR 1615 in Wake County, Federal Aid Project No. STPDA - 1650(5), TIP No. U -5500, State Clearinghouse Project No. 13 -0338. Reference your correspondence received March 11, 2013 in which you requested comments for the referenced project. Preliminary analysis of the project reveals the potential for impacts to streams, jurisdictional wetlands, and/or riparian buffers in the project area. More specifically, impacts to: Stream Name River Basin & Stream Stream Index 303(d) Listing? Subbasin Classifications Number Bachelor Creek Cape Fear 05 WS -IV; NSW 16- 41 -6 -2 No White Oak Creek Cape Fear 05 WS -IV; NSW 16 -41 -6 No 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 Quality requests that the applicant consider the following environmental issues for the proposed project: Project Specific Comments: 1. Bachelor Creek and White Oak Creek are class WS -N; 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 nutrient runoff to these creeks and their tributaries. NCDWQ requests that road design plans provide treatment of the storm water runoff through best management practices as detailed in the most recent version of NCDWQ's Stormwater Best Management Practices. 2. This project is within the Jordan Lake Basin. Riparian buffer impacts shall be avoided and minimized to the greatest extent possible pursuant to 15A NCAC 2B .0267. 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.0267. 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 A"M MODE R North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvarla III Governor Director Secretary 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: 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 21-1.0506(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. 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 Practices Manual, July 2007, such as grassed swales, buffer areas, preformed scour holes, retention basins, etc. 3 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 NC Ecosystem Enhancement Program may be available for use as wetland mitigation. 4 In accordance with the Environmental Management Commission's Rules (I 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. 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. The applicant 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. NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvarla III Governor Director Secretary 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 The applicant 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, the applicant 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 pre- 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 Stormwater Best Management Practices. 12 Sediment and erosion control measures should not be placed in wetlands or streams. 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 an Nationwide 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 applicant and written concurrence from NCDWQ. Please be aware that any A p X_WA NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvarla III Governor Director Secretary 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. 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 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. 18 Uless otherwise authorized, placement 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 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 A� NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvarla III Governor Director Secretary 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 leaking fuels, lubricants, hydraulic fluids, or other toxic materials. 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. 26 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 applicant 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 Rob Ridings at 919- 804 -6403. cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Kristen Dwiggins, PE, Town of Cary File Copy i To: From Date Crystal Best, NC State Clearinghouse Renee Gledhill - Earley, NCDCR Steve Taynton, DPI Rob Ridings, NCDENR — DWQ Travis Wilson, WRC — East Linda Pearsall, NHP Jessie O'Neal Baker, NCDENR — DMF Brian Strong, Div. of Parks and Recreation Clarence Coleman, FHWA Felix Davila, FHWA Michael Smith, NCDOT Board Member Vernon Cox, NC Ag. Dev. & Farmland Preservation Trust Fund Chris Militscher, USEPA Ed Johnson, CAMPO Marta Matthews, NCDOT Kristen Dwiggins, PE; Town of Cary Transportation Engineering Supervisor March 1, 2013 ENGINEERING DEPARTMENT Gary Jordan, USFWS Eric Alsmeyer, USACE Amy Simes, NCDENR Ahmad Al- Sharawneh, NCDOT — PDEA Roger Thomas, NCDOT — RDU James Mason, NCDOT — NEU Harrison Marshall, NCDOT — HEU Mack Bailey, NCDOT — SDU Matt Lauffer, NCDOT - HYDRO Wally Bowman, NCDOT — Division 5 Tim Bailey — TOC - Engineering Laura Cove, TOC — Engineering Jerry Jensen, TOC — Engineering Juliet Andes, TOC — Planning Doug McRainey, TOG— PRCR Russell H. Dalton, Town of Apex Subject: Project Initiation and Agency Scoping for the Widening of Green Level West Road, Town of Cary, Wake County, Town Project ST1206, NCDOT TIP No. U -5500, WBS 45487.1.1, Federal Aid Number STPDA - 1650(6) The Town of Cary is starting the project development, environmental, and engineering studies for the proposed improvements to SR 1615 (Green Level West Road), from NC Highway 55 at High House Road to SR 1625 (Green Level Church Road), excluding the area already widened with the recently completed interchange with I -540 (Western Wake Freeway /Outer Loop). The majority of the lands in the study area are within Cary's Corporate Limits or within Cary's Extraterritorial Jurisdiction (ETJ). A small portion of the project area is located in the Town of Apex's ETJ. Attached for your review and comment is a proposed study area map for the subject project. This project is included in the 2012 -2018 NCDOT State Transportation Improvement Program (STIP) as Project U -5500 and the Capitol Area Metropolitan Planning Organization's ( CAMPO) 2035 LRTP as Project A171. The purpose of this improvement project is to widen Green Level West Road from the current 60 -foot right -of -way (ROW) with shoulder sections to a four -lane, median - divided, 112 -foot ROW facility with bicycle and pedestrian facilities. The proposed'study will evaluate two separate typical cross sections for the project - Rural Thoroughfare (RT) (which includes shoulders and ditches) TOWN Of CARY 316 North Academy Street •Cary, NC 27513•PO Box 8605•Cary, NC 27512 -8005 te1919- 469 -4030 • fax 919- 460 -4935• www.townofcary.org west of I -540; and, Urban Thoroughfare (UT) (which includes curb and gutter) east of I -540. The Town may evaluate UT standards for the area west of 1 -540, as well. The facility will be designed with no dedicated bike lanes; however, bicycles would be accommodated within wide outside lanes for the UT sections and wide shoulders for the RT sections. The study will consider several build alternatives, including potential shifts in the widening footprint to avoid or minimize significant human and'environmental impacts, as well as a "no- build" alternative. Depending on the results of the project's traffic analysis, an additional alternative that only considers widening to the east of I -540 may be included in the EA, if forecasted traffic is determined to be insufficient to justify widening west of I -540. Several streams and wetland areas exist in the project area. Natural resource studies for the project will include field identification of biotic resources including protected species, delineation of jurisdictional waters (including wetlands) and streams, and field verification and coordination with the US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), and NC Division of Water Quality, as needed. Study results will be included in a Natural Resources Technical Memorandum. Several historic resources listed in or previously determined eligible for the National Register of Historic Places (NRHP) are located within the Green Level West Road project study area, as well as several state study list resources. This includes one NRHP- Listed district (Green Level National Historic District) as well as several properties over 50 years in age that either have been recorded but not evaluated for their NRHP potential or are unrecorded, above - ground properties which require evaluation to determine their NRHP eligibility. Cultural resource studies for the project will involve review of the North Carolina State Historic Preservation Office (NCHPO) and Town of Cary's historic property databases, performance of architectural reconnaissance studies (if needed) and intensive -level architectural evaluation (if required), as well as establishment of the project's Area of Potential Effect (APE) and coordination with the NCHPO. Investigations shall comply with the requirements of Section 106 of the National Historic Preservation Act of 1966, as amended, and the North Carolina Department of Transportation's current Guidelines for Survey Reports for Historic Architectural Resources. Coordination with the Office of State Archaeology is expected, and a Phase IA archaeological resource reconnaissance study will be completed to note areas with the potential for intact soils that may require Phase IB subsurface survey. An environmental document (anticipated to be an Environmental Assessment) will be prepared for this project in accordance with the National Environmental Policy Act (NEPA). The purpose of this letter is to initiate coordination with federal, state and local agencies and solicit comments on the proposed project. We would appreciate any information you might have that would be helpful in determining potential resources in the project study area or in evaluating potential environmental impacts from the project. If applicable, please identify any permits or approvals that may be required by your agency /department. An agency scoping meeting is scheduled for this project on March 27, 2013 at 2:30 PM at the Cary Town Hall in the Parks, Recreation, and Cultural Resources Department Conference Room (Room 11130). We invite you to attend this meeting to discuss background data, preliminary purpose and need, engineering, environmental screening results, the proposed scope of the project and any potential substantial issues. Please provide written comments by April 18, 2013 via mail or email (addresses below). Thank you for your assistance in the project development process. If you have any questions concerning the project, please contact me at (919) 462 -3930, or by email at kristen.dwiggins(n,townofcary.org or Michelle Suverkrubbe with Michael Baker Engineering at (919) 481 -5729, or by email at msuverkrubbe(cDmbakerco .com. z Please include the project name, "Green Level West Road _Widening" in all correspondence and comments. Thank you, Kristen Dwiggins, PE Att: Green Level West Widening - 'Project Study Area Map KD /td cc: Michael Baker Engineering, 8000 Regency Parkway, Suite 600, Cary, NC 27518 ;a C7 � a ;i -i"4 ,fFi� }`- €- m �_ J Green revel,Church Rd; � � - ..... o m �� r ;: _. .� y�r- � ; ... _ _ O \, ' ................. ... . . _.._.._.._.«.«. ��"'� }'ty�.»N��G'i .i� - � ��n�'"•. «._ �'I .. ___ -__ _.. K....A� vt,�.' '_.{xf- .^z: =°F °: �f`��'� ^�hJ _ .. � " ^ irntyv1 »przi wsu i'kf �F _ m Z g CD{ 9Q _ - ......,.«. "". ..,. „ate . . .. .... ...... .. .. :- .&'4.,.t q t y s F u,77 w Ir i y y _; s f. 3 .. a _"•`�• t_ 4E #'-ft_ .i Cfl s'A.x" �.fai r .Y1,� 4 {'S - s%� _y+f.� -__��: .,.i` �i ��' "��rf �` psi• �.• %.,�.�'t'.. d:" ., i1 ". r..f" "},.;, ,}. =r.f a 4� _ m , }''`„- "✓' P, %G} r es. r< °. rte.. r, f,%i O-. ...Ft., _ k� m �1. 1 d •w!' ,• ?1{a •{ t m F "'. ".� ".� ,:r,,�+ _ v Y "� de.�� _ _.. ... M�{ �.�,, w %¢ 5 �"� :',1• .' y; •j m.; }, r_ � `.f� f rit 4,,.. 4'� • v 3,5 5 mot,:,,. r o 3 �.� :�.,! ,`s - --. 4 w? X55 :: -' �•l�i 'r„_,.�r� X'HZ —' C a ��-'�£ ti�p^4a».,.f..r � .r »�'� f.Q - _ �.' �45i i N „�`, _`.,',�` '. � d'3 die �..q,•� - _ ';}a t. :� �;. _ a- a , CD (p O tit /" ✓ r '" "m'n = S 4 • ." ir... ;g>t'W ii =, CN� d U3 C dc �a=f = Vl ' '_{ Department of Environment and Natural Resources Project Review Form Project Number: 13 -0338 County: Wake Date Received: 03/07/2013 Diie�Dafe� -4%l%2 Project Description: Scoping - Proposed project is for improvements to SR 1615 - Green Level West Road from NC 55 at High House Road to SR 1625 - Green Level Church Road. Phis Project is being reviewed as indicated below: Regional Office Regional Office Area In -House Review Asheville ✓ Air Air Quality _Coastal Management Fayetteville ✓ Water _ Marine Fisheries _ Military Affairs Mooresville Aquifer Protection ✓ Parks & Recreation _ Water Quality ✓ Raleigh v/ Land Quality Engineer Waste Mgmt v/ Water Quali — DOT; Washington ✓ UST Water Resources Mgmt _ Wildlife Wilmington ✓ Water Supply Section ✓ Wildlife — DOT Travis Wilson Winston -Salem Manager Sign- Off /Region: Response (check all applicable) In -House Reviewer /Agency: No objection to project as proposed. _ No Comment _ Insufficient information to complete review _ Other (specify or attach comments) �l�41 y If you have any questions, please contact: 10/� Lyn Hardison at lyn.hardison(a)ncdenr.gov or (252) 948 -3842.