20161268_Environmental Assessment Comments_20131204

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
December 4, 2013
MEMORANDUM
To: Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From: Mason Herndon, Division of Water Resources, Fayetteville Regional Office,
Transportation Permitting Unit
Subject: Comments on the Supplemental Draft Environmental Impact Statement, related to
proposed SR 1409 (Military Cutoff Road) extension and the proposed Hampstead Bypass
(US 17), New Hanover and Pender Counties, Federal Aid Project No. State Project No.
4091.1.2, TIPs U -4751 and R -3300, State Clearinghouse Project No. 14 -0204
This office has reviewed the referenced document dated September, 2013. The NC Division of Water
Resources ( NCDWR) 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
NCDWR offers the following comments based on review of the aforementioned document:
Project Specific Comments:
1. This project is being planned as part of the 404/NEPA Merger Process. As a participating team
member, the NCDWR will continue to work with the team.
2. Review of the project reveals the presence of surface waters classified as SA; High Quality Waters
of the State in the project study area. This is one of the highest classifications for water
quality. Provided the project meets the requirements of NCDOT NPDES permit NCS000250, no
application for individual State Stormwater permit will be required (Streamlining State Stormwater
Permitting for NCDOT Projects letter, July 26, 2013).
Review of the project reveals the presence of surface waters classified as SA; Outstanding Resource
Waters of the State in the project study area. The water quality classification of SA; ORW is one of
the highest classifications in the State. The NCDWR is extremely concerned with any impacts that
may occur to streams with this classification. It is preferred that these resources be avoided if at all
possible. If it is not possible to avoid these resources, the impacts should be minimized to the
greatest extent possible. Given the potential for impacts to these resources during the project
implementation, the NCDWR requests that the NCDOT strictly adhere to North Carolina
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 733 -1290
Internet: www.ncwaterquality.org
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NorthCarolina
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regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124)
throughout design and construction of the project.
Provided the project meets the requirements of NCDOT NPDES permit NCS000250, no application
for individual State Stormwater permit will be required (Streamlining State Stormwater Permitting
for NCDOT Projects letter, July 26, 2013).
4. Section 5.7 (Indirect and Cumulative Effects) makes reference to an updated Indirect and
Cumulative Effects Analysis being prepared. The NCDWR request that the proposed service roads
noted in the supplement be included in the analysis and that NCDWR is provided a copy of this
report when completed.
It is stated in the DEIS dated July, 2011 that there are no waters in the project area that are listed on
the 303(d) list. NCDWR comments on the DEIS dated October 13, 2011 notes that it was not stated
from which 303(d) list the information was derived and that the information should be based on the
most recent list which would be from 2010. This concern was not addressed in the supplement.
The 2010 303(d) list has all waters in the state listed as impaired based on statewide fish
consumption advisory due to elevated mercury level and there may be other listings that are not
included in the document if the information in the DEIS was obtain from an older list. The FEIS
should address the absence or presence of 303(d) waters within the project area based on the most
recent list.
General Comments:
6. 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.
7. 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 the 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 (15A 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.
9. 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 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.
10. 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.

11. The NCDWR is very concerned with sediment and erosion impacts that could result from this
project. The 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.
12. 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 Resources Policy on the
assessment of secondary and cumulative impacts dated April 10, 2004.
13. The 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.
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 Individual 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 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.
The NCDWR appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Mason Herndon at (910) 308 -4021 or
[e-mail].
ec: Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, Division 3 Environmental Officer
Travis Wilson, NC Wildlife Resources Commission
Steve Sollod , NC Coastal Management
Ron Lucas, Federal Highway Administration
Chris Militscher, Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Jackie Roddy, NCDWR
Hannah Headrick, NCDWR, Water Quality Programs
Sonia Carrillo, NCDWR Central Office
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