20110136 Ver 1_Environmental Assessment Comments_20060106

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MEMORANDUM
To: Melba McGee
From: Polly Lespinasse
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 6, 2006
Subject: Comments on the Environmental Assessment for Proposed Improvements to NC 211 from NC 73 in West
End to the Traffic Circle in Pinehurst, Pinehurst, Moore County, Federal Aid Project No. STP- 211(5), State
Project 8.1560601, WITS Element No. 345041.1, TIP Project R -2812, DENR Project Number 06 -0193
This office has reviewed the referenced document. The Division of Water Quality (DWQ) 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 and streams. The DWQ offers the following comments based
on review of the aforementioned document:
A) This project is being planned as part of the 404/NEPA Merger Process. Asa participating team member, the NCDWQ will
continue to work with the team.
B) 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. Based on the impacts described in the document, wetland mitigation will be
required for this project. Should the impacts to jurisdictional wetlands exceed 1.0 acres, mitigation will be required in
accordance with NCDWQ Wetland Rules (I 5A NCAC 2H.0506(h)(2)1.
C) In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506(b)(6)), mitigation will be
required for impacts of greater than 150 linear feet to any single perennial stream. In the event that mitigation is required, the
mitigation plan should be designed to replace appropriate lost functions and values. In accordance with the Environmental
Management Commission's Rules { 15A NCAC 21-1.0506 (h)(3)), the NC Ecosystem Enhancement Program may be available
for use as stream mitigation.
D) As part of the 401 Water Quality Certification Application process, NC DOT is respectfully reminded to include specifics for
both offite and offsite mitigation plans. If mitigation is required, it is preferable to present a conceptual (if not finalized)
mitigation plan with the environmental documentation. While NCDWQ realizes that this may not always be practical, it
should be noted that for projects requiring mitigation, appropriate mitigation plans will be required in conjunction with the
issuance of a 401 Water Quality Certification. We understand that NC DOT will request compensatory mitigation through
the NC Ecosystem Enhancement Program for offsite mitigation.
E) Future documentation, including the 40I Water Quality Certification Application, should continue to include an itemized
listing of the proposed wetland and stream impacts with corresponding mapping.
F) NCDOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation and clearing, 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,
G) Sediment and erosion control measures should not be placed in wetlands.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.emstate.mus Mooresville, NC 28115
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H) Borrow /waste areas should avoid wetlands to the maximum extent practicable. Impacts to wetlands in borrow /waste areas
could precipitate compensatory mitigation.
1) The 401 Water Quality Certification application will need to specifically address the proposed methods for stormwater
management. More specifically, stormwater should not be permitted to discharge directly into streams or surface waters.
J) All of the streams in the project area are classified as Water Supply (WS) waters, WS -III. Therefore, the potential for
impacts to waters that are used for municipal drinking water is possible. Please locate and identify all water intakes in the
projects study area. In addition, please include their locations in all future documentation. It should be noted that
alternatives to avoid impacts upstream of any water supply intakes will need to be considered during the development of the
project.
K) All of the streams in the project area are classified as Water Supply (WS) waters, WS -III. Given the potential for impacts to
these resources during the project implementation, the DWQ requests that DOT strictly adhere to North Carolina regulations
entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0024) throughout design and construction of the
project.
L) Based on the information presented in the document, the magnitude of impacts to wetlands and streams may require an
Individual 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 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.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any questions or require any
additional information, please contact Polly Lespinasse (704) 663 -1699.
cc: US Army Corps of Engineers, Wilmington Office
Gary Jordan, USFWS
Travis Wilson, NCWRC
Chris Militscher, EPA
Rob Ridings, NCDWQ
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