20151246_Scoping Comments_20140306

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. S alt III
Governor Director Secretary
March 6, 2014
MEMORANDUM
To: - Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From: Rob Ridings, Division of Water Resources, Transportation Permitting Unit XT
Subject: Comments on -the Environmental Assessment for proposed replacement of Bridges 227
& 213 at US 401 & 70 Interchanges, Wake County, Federal Aid Project No. BRNHS-
0070(119) & BRSTP- 0070(149), State Project No. 42263.1.1, TIP #B -5121 & B -5317,
State Clearinghouse Project No. 14 -0337.
This office has reviewed the referenced document received February 27, 2014. 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 may result in impacts to jurisdictional wetlands, streams and /or buffers. The NCDWR offers
the following comments based on review of the aforementioned document:
Project Specific Comments: (if applicable)
Two streams are found in the project study area: Pigeon House Branch and Williamson Branch.
These streams are both C; NSW 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 these waters. 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's
Stormwater Best Management Practices.
Pigeon House Branch is on the 303(d) list of impaired waters. The NCDWR is very concerned with
sediment and erosion impacts that could result from this project. The NCDWR recommends that the
most protective sediment and erosion control BMPs be implemented in accordance with Design
Standards in Sensitive Watersheds (I 5A NCAC 04B .0124) to reduce the risk of further impairment
to Pigeon House Branch. The NCDWR requests that road design plans provide treatment of the
storm water runoff through best management practices as detailed in the m6st recent version of
NCDWR Stormwater Best Management Practices.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location- 512 N Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX- 919 - 733 -1290
Internet, www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Aaturally

3. This project is within the Neuse River Basin. Riparian buffer impacts shall be avoided and
minimized to the greatest extent possible pursuant to 15A NCAC 213.0233. 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 213.0233. 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 NC Ecosystem Enhancement Program,
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, including use of the NC Ecosystem Enhancement Program,
must be provided to the NCDWR prior to approval of the Water Quality Certification.
General Comments:
1. 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 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.
4. 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.
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 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.

:y 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 Resources Policy on the
assessment of secondary and cumulative impacts dated April 10, 2004.
8. ' The NCDOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, L
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. 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.
10. 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 n6t be placed in the stream when possible.
1 L 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.
12. Sediment and erosion control measures should not be placed in wetlands or streams.
13. 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.
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 Nationwide (NW) 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.