HomeMy WebLinkAbout20150503 Ver 1_Scoping Comments_20131028October 28, 2013
MEMORANDUM
To: Jeff Moore, PE, Project Manager, Kimley -Horn and Associates, Inc.
From: Mason Herndon, NC Division of Water Resources, Fayetteville Regional Office /'/_/
Subject: Start of Study comments for Cross -City Trail Phase II113, proposed pedestrian walkway under the
Heidi Trask (Wrightsville Beach) Drawbridge in New Hanover County, NCDOT TIP Project U-
5534B, WBS 44096, Federal Aid Number STPDA- 0332(44)
Reference your correspondence dated October 15, 2013 in which you requested comments for the referenced
project. Preliminary analysis of the project reveals the potential for multiple impacts to streams and
jurisdictional wetlands in the project area. More specifically, impacts to:
# Discharges of sewage are prohibited to segments classified SB or SC with a pound sign according to the provisions of 15 NCAC
213 .0203 and 2H .0404(a) in order to protect adjacent shellfishing waters.
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 Resources requests that New Hanover County consider the following environmental issues
for the proposed project:
Project Specific Comments:
1. Wrightsville Recreational Area are class SB; 303(d) waters of the State. Wrightsville Recreational Area
is on the 303(d) list for impaired use for aquatic life due to loss of use. NCDWR is very concerned with
sediment and erosion impacts that could result from this project. NCDWR requests that road design
plans provide treatment of the storm water runoff through best management practices as detailed in the
most recent version of NCDWR's Stormwater Best Management Practices.
2. DWR cannot comment on permit requirements with the limited information provided. Detailed field
delineation is required to determine the presence or absence of jurisdictional resources within the
project limits. In addition, NCDOT must provide an estimate of impacts to any resources located within
the construction limits of the project before we can specifically comment on DWR permit eligibility.
3. 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
Transportation and Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina y
Location, 512 N Salisbury St Raleigh, North Carolina 27604 Natu` al J/
Phone 919 - 807 -63001 FAX. 919 - 807 -6488 i/
Internet. www navatergualitv.org
An Equal Opportunity 1 Affirmative Action Employer
Stream
Stream Index
303(d)
Stream Name
River Basin
Classifications
Number
Listing
Wrightsville Recreational Area
Cape Fear
SB#
18 -87 -24
Y
# Discharges of sewage are prohibited to segments classified SB or SC with a pound sign according to the provisions of 15 NCAC
213 .0203 and 2H .0404(a) in order to protect adjacent shellfishing waters.
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 Resources requests that New Hanover County consider the following environmental issues
for the proposed project:
Project Specific Comments:
1. Wrightsville Recreational Area are class SB; 303(d) waters of the State. Wrightsville Recreational Area
is on the 303(d) list for impaired use for aquatic life due to loss of use. NCDWR is very concerned with
sediment and erosion impacts that could result from this project. NCDWR requests that road design
plans provide treatment of the storm water runoff through best management practices as detailed in the
most recent version of NCDWR's Stormwater Best Management Practices.
2. DWR cannot comment on permit requirements with the limited information provided. Detailed field
delineation is required to determine the presence or absence of jurisdictional resources within the
project limits. In addition, NCDOT must provide an estimate of impacts to any resources located within
the construction limits of the project before we can specifically comment on DWR permit eligibility.
3. 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
Transportation and Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617 NorthCarolina y
Location, 512 N Salisbury St Raleigh, North Carolina 27604 Natu` al J/
Phone 919 - 807 -63001 FAX. 919 - 807 -6488 i/
Internet. www navatergualitv.org
An Equal Opportunity 1 Affirmative Action Employer
authorization will require the submittal of a formal application by the NCDOT and written concurrence
from NCDWR. 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.
General Project Comments:
5. 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 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.
6. 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 NCDWR's Stormwater Best Management Practices Manual, July 2007, such as
grassed swales, buffer areas, preformed scour holes, retention basins, etc.
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 {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.
8. 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.
9. 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.
10. NCDWR 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.
11. 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 Resource Policy on the
assessment of secondary and cumulative impacts dated April 10, 2004.
12. 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.
13. Where streams must be crossed, NCDWR 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.
14. Whenever possible, NCDWR 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.
15. 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
NCDWR's Stormwater Best Management Practices.
16. Sediment and erosion control measures should not be placed in wetlands or streams.
17. 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.
18. 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.
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. 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 NCDWR. If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact NCDWR 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, 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.
23. 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.
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 AMP
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) 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.
27. 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.
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 should 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.
Thank you for requesting our input at this time. NCDOT 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 Mason Herndon at (910) 308 -4021 or mason.herndon @ncdenr.gov.
ec: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Stephen Lane, NC Coastal Management
Steve Sollod , NC Coastal Management
Jessi O'Neal Baker, NC Coastal Management
Ron Lucas, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Jim Gregson, NCDWR, Wilmington Regional Office
Jackie Roddy, NCDWR
Hannah Headrick, NCDWR, Water Quality Programs
Lyn Hardison, DENR Environmental Assistance Coordinator
Sonia Carrillo, NCDWR Central Office
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