HomeMy WebLinkAbout20140762 All Versions_FW FONSI comments R-2915_20140402Strickland, Bev
From: Carrillo, Sonia
Sent: Wednesday, April 02, 2014 4:10 PM
To: Wanucha, Dave
Subject: FW: FONSI comments R -2915
Attachments: FONSI comments.docx
Dave,
For FONSI's Amy does not need to sign or itial for. Thanks
Sony a G. C;arrlllo
Transportat�on Perrrrrltting 1. r t, NC;DWR
Malling Address . 1..650 Mall Service Center, Raleigh, NC; 27699-1.650
Physical Address 51.2 North 3ahshury 3t., Raleigh, NC; 27604
Fax (91.9) 733-1.2 90
l "hone (9:1.9) 707 8I85 *PLEASE NOTE THAT MY PHONE NUMBER HAS oull9ANGEW
. {!.1:1:.�..�..!2....11cdr
E-mail correspondence to and from this address may be subject to the North Carolina Public Records t..aw and may be
disclosed to third parties.
From: Wanucha, Dave
Sent: Thursday, March 20, 2014 1:23 PM
To: Chapman, Amy
Cc: Carrillo, Sonia
Subject: FONSI comments R -2915
Hey,
See attached comments for your review.
Dave Wanucha
NC Division of Water Resources
Transportation Permitting Unit
585 Waughtown Street
Winston- Salem, NC 27107
Voice: (336) 771 -4951
FAX: (336) 771 -4630
Dave.Wanuchakncdenr.gov
E -mail correspondence to and from this address may be subject
to the North Carolina Public Records Law and may be disclosed to third parties
1
March 20, 2014
MEMORANDUM
To: Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
Through: Amy Chapman
From: Dave Wanucha Division of Water Resources, Winston Salem Regional Office
Subject: Comments on the Final Finding of No Significant Impact (FONSI) related to proposed
US 221 Widening from US 421 to US 221 Business/NC88 in Jefferson, Watauga and
Ashe Counties, Federal Aid Project No. STP- 0221(13), STIP Project No. R -2915.
This office has reviewed the referenced document dated May 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 part of the 404/NEPA Merger Process. As a participating team member, the
NCDWR will continue to work with the team.
Little Buffalo Creek is Class C, Trout and is on the 2012 North Carolina 303(d) list for impaired use
for aquatic life because of a "Fair" Benthos Bioclassification. The NCDWR is very concerned with
sediment and erosion impacts that could result from this project. The NCDWR acknowledges that
NCDOT has committed to implement the most protective sediment and erosion control BMPs in
accordance with Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) to reduce the
risk of further impairment to Little Buffalo Creek. The 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 Stormwater Best Management Practices.
Gap Creek, Little Gap Creek, Old Field Creek, Beaver Creek, Call Creek and South Beaver Creek
are designated Class C; Trout waters of the State. The NCDWR recommends that the most
protective sediment and erosion control BMPs be implemented to reduce the risk of turbidity
violations in trout waters. In addition, all disturbances within trout buffers should be conducted in
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 - 6300 \ FAX :919 - 733 -1290
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
accordance with NC Division of Land Resources and NC Wildlife Resources Commission
requirements.
Review of the FONSI reveals the presence of surface waters classified in the state as High Quality
Waters (HQW) and Outstanding Resource Waters (ORW) including the South Fork of the New
River classified as WS -V, HQW; and, portions of Old Field Creek classified as C, Trout, and ORW.
These are two of the highest classifications for water quality. With respect to HQW and ORW
waters, 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).
With respect to HQW waters, 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
regulations entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124)
throughout design and construction of the project. The NCDWR acknowledges that NCDOT has
committed to adhering to the design standards.
General Comments:
3. 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.
4. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Where streams must be crossed, the 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, the NCDOT should not install the bridge bents in the creek, to the
maximum extent practicable.
12. Whenever possible, the 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.
13. 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.
14. Sediment and erosion control measures should not be placed in wetlands or streams.
15. 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.
16. 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.
17. Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may require an Individual Permit (IP) 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
The NCDWR appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Dave Wanucha at 336- 771 -4951 or
Dave.Wanucha@ncdenr.gov.
cc: Lynn Hardison, NCDENR, Washington, NC