HL-0042_Scoping

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 13, 2022
MEMORANDUM
To: Lyn Hardison, SEPA Coordinator, NC DEQ
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: Scoping comments on proposed intersection improvements to NE Judd Parkway at NC 55, Town of
Fuquay Varina, Wake County, TIP# HL-0042
Reference your correspondence received April 11, 2022 in which you requested comments for the referenced
project. Preliminary analysis of the project reveals the potential for impacts to streams, buffers, and/or jurisdictional
wetlands in the project area. Streams in the project area include:
Stream Name
I River Basin
Stream Classifications
Stream Index Number
303(d) Listing?
UT Terrible Creek
I Neuse
B; NSW
27-43-15-8
Yes
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 the Town consider the following environmental issues for the proposed project:
Project Specific Comments:
1. Road design plans shall provide treatment of the stormwater runoff through BMPs as detailed in the most recent
version of the North Carolina Department of Transportation Stormwater Program Manual, and the Stormwater
Best Management Practices Toolbox Manual. The BMPs should, to the MEP, be selected and designed to
reduce impacts of the target pollutants of concern (POCs) for the receiving waters.
2. Terrible Creek and its tributaries are class B; NSW (Nutrient Sensitive) waters of the State. The NCDWR is
very concerned with sediment and erosion impacts that could result from this project. The NCDWR
recommends that highly protective sediment and erosion control BMPs be implemented to reduce the risk of
nutrient runoff to Terrible Creek. Post -construction stormwater BMPs should, to the MEP, be selected and
designed to reduce nutrients.
Terrible Creek is listed as 303(d) impaired waters of the State. NCDWR is very concerned with sediment and
erosion impacts that could result from this project. NCDWR recommends that the most protective sediment and
erosion control BMPs be implemented in accordance with Design Standards in Sensitive Watersheds (15A
NCAC 0413.0124) or comparable BMPs to reduce the risk of further impairment to Terrible Creek. Post -
construction stormwater BMPs should be selected and designed to the MEP, to reduce target POCs in the
303(d) list for the receiving waters. All portions of the proposed project draining to 303(d) listed watersheds
shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate best
management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.) prior to
discharging to surface waters.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

4. This project is within the NeuseRiver Basin. Riparian buffer impacts shall be avoided and minimized to the
greatest extent possible pursuant to 15A NCAC 2B.0714. 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 .02B .0295. 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 North Carolina
Division of Mitigation Services, must be provided to the NCDWR prior to 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, coordinated with the North Carolina Division of Mitigation Services,
must be provided to the NCDWR prior to approval of the Water Quality Certification.
General Transportation 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 BMPs as detailed in the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Tool box manual, 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 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
Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of
greater than 0.1 acre to wetlands. In the event that mitigation is required, the mitigation plan shall be
designed to replace appropriate lost functions and values. North Carolina Division of Mitigation Services
may be available for assistance with wetland mitigation.
4. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]),
mitigation will be required for impacts of greater than 300 linear feet to any perennial stream. In the event
that mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and
values. The North Carolina Division of Mitigation Services may be available for assistance with 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. The NCDWR 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.
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 Resource Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004.
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
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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.
Sediment and erosion control measures should not be placed in wetlands or streams.
10. 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.
11. 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. Please refer to the most recent version of the North Carolina Department of
Transportation Stormwater Best Management Practices Toolbox manual for approved measures.
12. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require 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 the 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 stonnwater management plan, and the inclusion of appropriate mitigation plans where
appropriate.
13. 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. Concrete shall
be handled in accordance with the NPDES Construction General Permit NCGO10000.
14. 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.
15. 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 the NCDWR.
If this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit
modification will be required.
16. 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.
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
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17. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
under General 401 Certification Number 4085/Nationwide Permit No. 6 for Survey Activities.
18. 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.
19. 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 the 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.
20. 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.
21. 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.
22. 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.
23. 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 Town 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 [e-mail] or 919-707-8786.
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
gaparMeM of EmironmanW quay