20161268_Environmental Impact Statement_20140827

Department of Environment and Natural Resources
Project Review Form
Project Number: 15 -0085 County: Pender and New Hanover Date Received: 08/06/2014
Due Date: 8/29/2014
Project Description: Final Environmental Impact Statement - FEIS - Military cutoff extension from
US 17 (Market Street) to the proposed 1 -140 in New Hanover County & US 17
bypass of Hampstead in New Hanover & Pender counties. TIP U -4751 & R -3300
'reviously circulated through SCH under project nos. 06 -0107, 12 -0061 & 14 -0204
This Project is being reviewed as indicated below:
Regional Office
Regional Office Area
In -House Review
Asheville
Air
Air Quality
Coastal Management
Fayetteville
DWR- Surface Water
�/ Parks & Recreation
DCM -Marine Fisheries
Mooresville
f
DWR- Aquifer
Waste Mgmt
Military Affairs
Raleigh
�/
DEMLR (LQ & SW)
Water Resources Mgmt
DMF- Shellfish Sanitation
Washington
f
UST
(Public Water, Planning & Water
Quality Program)
Wildlife
Wilmington
�
DWR - Public Water
DWR- Transportation Unit
Wildlife — DOT Travis Wilson
Winston -Salem
Manager Sign- Off /Region: Date: In -House Reviewer /Agency:
8 -27 -14 DWIVTPU
Response (check all applicable)
No objection to project as proposed. No Comment
Insufficient information to complete review X Other (specify or attach comments)
If you have any questions, please contact:
Lyn Hardison at lyn.hardisonAncdenr.gov or (252) 948 -3842
943 Washington Square Mall Washington NC 27889
Courier No. 16 -04 -01

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

Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -16 50
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org

An Equal Opportunity \ Affirmative Action Employer

August 2 7 , 2014

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 Final 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. S tate Project No. 4091.1.2, TIP s
U -4751 and R -3300 , State Clearinghouse Project No. 15 -0085

This office has reviewed the referenced document dated July 2014 . The NC Division of Water Resources
(NCDW R ) 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, st reams, and other surface waters. The NCDW R 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, th e NCDW R will continue to work with the team.

2. Section 3.5.3.2.1 (Streams) reveals the presence of surface waters classified as SA: High Quality
Waters (HQW) of the State in the project study area and list Futch Creek, Old Topsail Creek, Pages
Creek, Nixons Creek and an unnamed tributary to the Atlantic Intracoastal Waterway (AIWW) as
st r eams within one mile downstream of the study area with this classification . Table 3.8 also lists
several unnamed tributaries to Mill Creek within the study area which is als o classified as SA ;
HQW which needs to be added to the list of receiving waters with this classification that will be
required to meet the protection of sensitive watershed requirements of NCDOT NPDES permit
NCS0002502 .

3. Section 3.5.3.2.1 (Streams) states “All tributaries within the study area of the downstream streams
designated HQW are classified as SA ; HQW due to the classification of their receiving waters.” The
term tributary in this statement can be misleading. An u nnamed tributary (UT) that has bee n
deemed as an intermittent or pere nnial stream and has not been assigned a classification do es carry
the same classification as its receiving waters. However, a tributary that is not deemed as an

intermittent or perennial stream and has been identifi ed as jurisdiction al waters based on the
presence of an ordinary high w ater mark (OHWM) by the USACE is considered surface water and
does not carry a classification.

4. It is stated in Section 3.5.3.2.1 that there are no 303(d) listed waters (due to sedimentation or
turbidity) on the North Carolina 2012 303(d) list within one mi le downstream of the study area .
Wh ile this statement may be true, there are several receiving waters within one mile downstr eam of
the study area which is listed on the 303(d) list for different assessment reasons which needs to be
disclosed in future environmental documents.

5. Section 4.6.1 (Evaluation of Indirect Effects ) states “Project related growth could result in negative
effects to water quality and the natural environment . These effects could include a decline in water
quality, an increase in the amount and rate of stormwater runoff and loss of wildlife habitat.” In
addition it is stated in this section that “Indirect effects in the form of changes in land use, will be
mitigated by existing development regulations such as ordinances that limit devel opment in
floodplains and require riparian buffers along streams .” Additional detailed and specific
information should be included in this section on the topic of existing development regulations that
effect land development within the specific project a rea. Some of this information was provided in
the Indirect and Cumulative Effects Screening Report and Land Use Scenario Assessment
(September 2013) that was prepared for this project .

6. As noted in NCDOT ’s response to NCDWR comments in Section 5.5.1.2 of the FEIS, NCDWR
will continue to work with the team to further minimize and avoid impacts and to determine an
appropriate mitigation plan designed to replace appropriate lost functions and values in accordance
with the Environmental Management Commission ’s Rules (15A NCAC 2H.0506[h]) dur ing the
merger and individual permitting process.

General Comments:

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. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre -treated throug h site -appropriate means (grassed swales, pre -formed scour holes,
vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT ’s NPDES
permit NCS0000250 please refer to the most recent version of the North Carolina Department of
Transportation Stormwater Best Management Practices Toolbox manual for approved measures.

9. Sediment and erosion control measures should not be placed in wetlands or streams.

10. 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 potent ial for elevated pH and possible aquatic life and
fish kills.

11. 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 stab ilize 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 an d root mat intact allows the area to re -vegetate
naturally and minimizes soil disturbance.

12. Unless otherwise authorized, p lacement of culverts and other structures in waters and streams shall
be placed below the elevation of the streambed by one foot for a ll 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 inclu ding 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 NCDW R . If this condition is unable
to be met due to bedrock or other limiting features encountered during construction, please contact
the NCDW R for guidance on how to proceed and to determine whether or not a permit modification
will be required.

13. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section
as closely as possible including pipes or barre ls 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
se diment deposition that requires increased maintenance and disrupts aquatic life passage.

14. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is
approved under General 401 Certification Number 3883 /Nationwide Per mit No. 6 for Survey
Activities.

15. 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 M anual and the most recent version of NCS000250.

16. 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 sand bags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water.

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. 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.

19. Riparian vegetation (native trees and shrubs) shall be preserved t o 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.

20. The NCDOT is respectfully reminded that all impacts, includi ng 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 o r otherwise, also need to be included as part of the 401 Water Quality Certification
Application.

21. 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.

The NCDW R appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Mason H erndon at (910) 308 -4021 or
mason.herndon @ncdenr.gov .

e c: 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 M anagement
Ron Lucas, Federal Highway Administration
Cynthia Van Der W ie le , Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Jackie Roddy, NCDWR
Sonia Carrillo, NCDWR Central Office
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