HomeMy WebLinkAbout20190188 Ver 3_Pre-Filing Meeting Information_20211003 ATA
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild,P.E Dee Freeman
Governor Director Secretary
December 17, 2012
MEMORANDUM
To: Kim Gillespie, NCDOT PDEA
4 From: Rob Ridings,NC Division of Water Quality,Transportation Permitting Unit
Subject: Scoping comments on proposed improvements to US 70 in Johnston County,Federal Aid
Project No. HSIP-0070(163), State Project No. 50056.1.1, TIP No. W-5600
Reference your correspondence received November 26,2012 in which you requested comments for the
referenced project. Preliminary analysis of the project reveals the potential for impacts to streams and/or
jurisdictional wetlands in the project area. More specifically, impacts to:
Stream Name River Basin & Stream Stream Index 303(d)Listing?
Subbasin Classifications Number
Reedy Branch NEU 02 C; NSW 27-43-14 No
Poplar Creek NEU 02 WS-IV; NSW 27-41 No
UT Neuse River NEU 02 WS-IV; NSW 27-(39.7) No
I
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 NCDOT consider the following environmental issues for the
proposed project:
Project Specific Comments:
1. These streams are NSW waters of the State. NCDWQ is very concerned with sediment and erosion
imacts that could result from this project. NCDWQ recommends that highly protective sediment and
I erosion control BMPs be implemented to reduce the risk of nutrient runoff to these waters. 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 Neuse 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 2B.0233. 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
Transportation and Permitting Unit One
1650 Mail Service Center,Raleigh,North Carolina 27699-1617 No-thCarolina
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone:919-807-63001 FAX:919-807-6492 aurally
Internet:www.ncwaterquality.orq
An Equal Opportunily 4 Affirmative Action Employer
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:
1. 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 I SA NCAC 21-1.4506(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 Storimvater 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 21 I,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 SA 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.
G. 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.
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. 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. 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 Stormi ater 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 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.
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.