R-4060 EA Comments

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
MEMORANDUM
To:
From: ��
John E. Skvarla, Itl
Secretary
September 3Q 2014
Lyn Hardison, Environmental Coordinator, Office of Legisla[ive and [ntergovemmental Affairs
Dave Wanucha, Division of WaCer Resources, Winsto� Salem Regional Office
Subject Comments on Ihe Environmental Assessment/Finding of No Significan[ Impact, related [o the
proposed Sparta Western Loop US 21 from SR I 172 to US 21, Alleghany County; State ProjecC
No.82692601;TIP R-4060.
This office has reviewed the referenced document dated August, 2014_ The NC Division of Water Resources
(NCDWR) is responsible for the issua�ce of the Section 401 Water Quality Certification for activities that impact
Waters of the U.S., including wetlands. [t is our understanding that the recommended altemative for the project as
presen[ed may not result in impacts tojorisdictional wetlands, streams, and other surface waters. The NCDWR
offers Che followin� comments based on review of the aforementioned document:
Project Specific Comments:
The catchment in which the project will be built is drained by Bledsoe Creek which is designated as Class C
and Trout waters of the State. In 2008, Bledsoe Creek received a Bioclassification rating of Excel lent for
benthic macroinvertebrates in tlie most recent Basinwide Assessment Report for the New River Basi❑
eonducted by NCDWR Environmental Sciences Section (NCDWR, 2009). The NCDWR is very eoneerned
with sediment erosion and turbidity impacts to Bledsoe Creek that could result from this project. The
NCDWR recommends that highly protec[ive sediment and erosion control BMPs be implemented to reduce
the risk of sediment runoff and subseqoent turbidity. Additionally, to meet the requirements of NCDOT's
NPDES permit NCS000250, the NCDW R requests that road design plans provide treahnent of the storm
water runoff through best management practices as detailed in the most recent version of the North Carolina
Department ofTranspor�ntion Stornrw�ater Best Managemerzt Practices Toolbox manual. ln addition, all
disturbances within trout buffers (if they should oceur) should be eonducted in accordance with NC Division
of Land Resources and NC Wildlife Resources Commission requirements.
2. (t is our understanding that NCDOT Division 11 has committed to ensure [hat no impaets are incurred to
streams and/or wetlands with the design of this project. The wetland (W8) will be bridged to avoid impact to
the jurisdictional feature.
General Com ments:
After the final selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification (if needed), the NCDOT is respectfully reminded that they will need to demons[rate the
avoidance and minimization of impacts to wetlands (and streams) to the maximum extent practicaL [❑
Transportation and Permitting Uni�
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accordance with the Environmental Mana�ement Commissiods Rules 15A NCAC 2H.0506(h), mitigation
will be required for impacts oCgreater than one acre to wetlands. In the event tha[ mitigation is required, the
mitigation pla� shall be designed to replace appropriate los[ functions and values. The NC Ecosystem
Enhancement Program may be available for use as wetland mitigation.
2. In accorda�ce with the Enviroomental Management Commissiods Rules 15A NCAC 2H.0506(h), mitigation
will be required for impacts of greater than l50 linear feet to any single stream. In Che 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 s[ream mitigation.
3. Sediment and erosion control measures should not be placed in wetlands or streams.
4. Borrow/was[e areas should avoid wetlands to [he maximum extent practical.
5. Based on the information presented in the document, the magnitude of impacts to wedands and streams may
not require an Individual Permit (IP) or Nationwide (N W) application to the Corps of Engineers and
corresponding 40l Water Quality Certification. Please be advised that a 401 Water Quality Certification
requires satisfactory protection of water quality to ensure that water qualiry standards are met and no wetland
or stream uses are lost. Final permit authorization (if needed) will require the submittal of a formal
applica[ion by the NCDOT and written concurrence from the NCDWR.
The NCDWR appreciates the opportunity to provide commen[s on yoor project. Should you have any questions or
require any addieional information, please contact Dave Wanucha at [phone] or dave.wanucha@ncdencgov.
cc: Andy Williams, US Army Corps of Fngineers, Raleigh Field Office (electronic copy only)
Dr. Cynthia Van Der Wiele, Emironmental Protection Agency (electronic copy only)
MarelLa Buncick, US Fish and Wildlife Seivice (electronic copy onLy)
Marla Chambers, NC Wildlife Resources Commission (electronic copy only)
NCDWR Central Office (electronic copy only)
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