HomeMy WebLinkAboutScoping Comments_DWR STATE
ROY COOPER _
Governor -
ELIZABETH S.BISER `
Secretary
RI CHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 6,2022
MEMORANDUM
To: Mark Johnson,Interim Bridge Program Manager-NCDOT Division 11
(mgiohnson4@ncdot.gov)
D^^S/'1
From: Dave Wanucha,NC Division of Water Resources,Transportation Permitting Branc �Jli 5/6/2022
Subject: Scoping comments for proposed bridge replacements in Ashe County over Cranberry and Peak Creeks;
BPI LR003.1,Bridge 63;BPII R007.1,Bridge 269;and,BPI I.R006.1,Bridge 157.
Reference your correspondence dated April 21,2022,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,potential impacts to:
Stream Name Bridge River Basin Stream Stream Index 303(d)Listing
Classifications Number
Peak Creek 157 and 269 10-1-35(2)
Cranberry New B;Trout+ No
Creek 63 10-1-37
Notes: + This symbol identifies waters that are subject to a special management strategy specified in 15A NCAC 2B.0225 the Outstanding
Resource Waters(ORW)rule,in order to protect downstream waters designated as ORW,i.e.South Fork New River. The Class B stream
includes waters protectedfor all Class C uses in addition to primary contact recreation.Primary contact recreation means swimming,diving,
water skiing,and similar uses involving human body contact with water where such activities take place in an organized manner or on a frequent
basis.
Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or
jurisdictional wetlands in the area. If any jurisdictional areas are identified,the Division of Water Resources
requests that the applicant consider the following environmental issues for the proposed project:
General Project Comments:
1. Based on the information presented in the document,the magnitude of impacts to wetlands and streams may
require a 404 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 stormwater
management plan,and the inclusion of appropriate mitigation plans where appropriate.
2. Further documentation 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
ENorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality
Certification.
3. The applicant for a 401 Certification 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 1.0 acre to wetlands. If 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. If 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. Sediment and erosion control measures must be implemented and maintained in accordance with the most
recent version of North Carolina Sediment and Erosion Control Planning and Design Manual. Measures
should be designed to comply with the requirements set forth in 15A NCAC 04B.0124,Design
Standards in Sensitive Watershed.
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.
9. 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. 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.
13. 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.
Q7:> North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 applicant 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 Dave Wanucha at
dave.wanucha(a-)ncdenr.gov or 336-403-5655.
Electronic Copy:
Kevin Hining,NCDOT Division 11 DEO
Q7:> North Carolina Department of Environmental Quality I Division of Water Resources
a:E
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000