20110857 Ver 1_Environmental Assessment Comments_20090311

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality .
Beverly Eaves Perdue Coleen H. Sullins Dee Fr;,eman
(,nvarnnr nirpr;3nr Sec; letary
Marti I '11, 2000
To: Melba McGee, DENR Environmental Coordinator
From: Polly Lespinasse, Division of Water Quality, Mooresville Regional Office
Subject: Comments on the Environmental Assessment Related to the Proposed Widening and
Paving of 3.5 Miles of FDR 597 from McLeans Creek Road (FDR 544) North to Shamrock
Road (SR 1179), Montgomery County, DENR Project No. 09 -0230, Due Date 03/16109
This office has reviewed the referenced document dated February 2009. The bivision 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, streams, and other surface waters. The DWQ offers the following comments based on
review of the aforementioned document:
Project Specific Comments:
Review of the project reveals the presence of surface water classified as Water Supply (WS -IV) (Reeves
Spring Branch and Moccasin Creek), Water Supply Critical Area (NITS -IV, CA) (Reeves Spring Branch)
and WS -IV, CA, B (Badin Lake) in the project study area. Given the potential for impacts to these
resources during the project implementation, the DWQ requests that the applicant strictly adhere to North
Carolina regulations entitled "Design Standards in Sensitive Watersheds" (15 NCAC 048.0124)
throughout the design and construction of the project. This would apply to any area that drains to
streams having WS CA (Water Supply Critical Area) classifications.
2. Should a bridge project be located within the Critical Area of a Water Supply, the applicant will 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 DWQ.
General Comments:
3. The environmental document shall 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.
Mooresville Regional office
Location: 610 East Center Ave., suite 301 Mooresville, NC 26115
Phone: [phone] Fax; (704) 663 -60401 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality,org
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4. Environmental assessment 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 NC DWQ Stormwater Best Management Practices, such as grassed swales, buffer areas,
preformed scour holes, retention basins, etc.
5. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the applicant 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 Manaaement Commission's Rules f15A 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
should be designed to replace appropriate lost functions and values. The NC Ecosystem Enhancement
rogram may be available for use as wetland mitigation.
6. 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 perennial 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.
7. Future documentation, including the 401 Water Quality Certification Application, should continue to
include an itemized listing of the proposed wetland and stream impacts with corresponding mapping.
8. DWQ 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.
9. An analysis of cumulative and secondary impacts anticipated as a result of this project may be 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.
10. The applicant 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.
11. Where streams must be crossed, the DWQ 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
shall 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. The
applicant should not install the bridge bents in the creek, to the maximum extent practicable.
12. Sediment and erosion control measures shall not be placed in wetlands or streams.
13. Borrow /waste areas shall 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 magnitude of impacts to wetlands and streams, either an Individual Permit (IP) or
Nationwide Permit (NWP) application to the Corps of Engineers and corresponding 401 Water Quality
Certification will be required. Please be advised that a 401 Water Quality Certification requires
satisfactory protecticn 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 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.
16. Bridge supports (bents) shall not be placed in the stream when possible.
-- Whenever possible, the-DVVQ prefers spanning structures. panning structures u u require
i
work within the stream or grubbing of the streambanks and do not require stream channel realignment.
The horizontal and vertical clearances provided by bridges allow for human and wildlife passage beneath
the structure, do not block fish passage and do not block navigation by canoeists and boaters.
18. 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
Stormwater Best Management Practices.
19. 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.
20. 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.
21. Placement of culverts and other structures in waters, streams, and wetlands 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 down stream of the above structures.
The applicant is required to provide evidence that the equilibrium is being maintained if requested in
writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features
encountered during construction, please contact the NC DWQ for guidance on how to proceed and to
determine whether or not a permit modification will be required.
22. 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 and/or sills where appropriate.
Widening the stream channel shall 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.
23. 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.

24. 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. .
25. 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.
26. While the use of National Wetland Inventory (NWI) mans, INC 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.
27. Heavy equipment shall 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
should be inspected daily and maintained to prevent contamination of surface waters from leaking fuels,
lubricants, hydraulic fluids, or other toxic materials.
28. 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 shall be properly designed, sized
and installed.
29. 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.
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 at (704) 663 -1699.
cc: Richard Spencer, US Army Corps of Engineers, Wilmington Office
Felix Davila, Federal Highway Administration
Chris Militscher, Environmental Protection Agency, electronic copy
Travis Wilson, NC Wildlife Resources Commission, electronic copy
Gary Jordan, US Fish and Wildlife Service, electronic copy
Ken Averitte, NCDWQ Fayetteville Regional office, electronic copy
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