20150035 Ver 1_FONSI Comments_20150427

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
April 27, 2015
Donald R. van der Vaart
Secretary
MEMORANDUM
To: Lyn Hardisoq Environmental Coordinator, Office of Legislative a�d Intergovernmet�Yal Affairs
/
From: Dave Wanucha, Division of Water Resouroes, Winston Salem Regional Offtce �%��� ��7 �3�
Subject: Comments on the Finding of No Significant Impact related to proposed Relocation of Old Beatry
Ford Road (SR 1221) From SR 1210/SR 1221 to L,entz Road (SR 1337); Rowan County; Federal
Aid Project No. HISP-1221 (18); WBS No. 44105.1.FD1; TIP No. W5516.
SEPA/NEPA Project No. 15_0553.
This office has reviewed the referenced document dated August, 2014 and dated received April 8, 2015. The NC
Division of Water Resouroes (NCDWR) is responsible for the issuance of the Section 401 Water Q�ality
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, sheams, and other surface waters. The
NCDWR offers the following comments based on review of the aforementioned docament:
Project Specific Comments:
l. Review of the project reveals the presence of sorface waters classified as W ater Supply Critical Area in the
eastem and westem section of the project study area [Cold Water G7eek (Lake Fisher); Stream Index No. 13-
17-9-4-(1); and, Dutch Buffalo Creek; Stream Index No. 13-U-I L(4.5) ]. Given the potential for impacts to
these resources during the project implementation, [he NCD WR requests that the NCDOT strictly adhere to
North Carolina regulations en[itled Desrgn Standards in Sensitive Watersheds (I SA NCAC 04B .0124)
throughout design and construction of the projecL This would apply for any area that drains to streams
having WS CA (Water Supply Critical Area) classifications.
2. Review of Che projec[ reveals the presence of surface waters classified as; High QualiYy Waters of the State
in the project study area [Dutch Boffalo Creek; Stream Index No. 13-17-I 1-(5.5)]. This is one of the highest
classifications for water quality. Provided the project meets the requirements ofNCDOT NPDES permit
NCS000250, no application for individual State Stormwater permit will be required (Streamiining State
Stormwater PermittingJor NCDOT Prajects letter, July 26, 2013).
3. Should the project be located within the Critical Area of a Water Supply, the NCDOT may be required to
design, construct, and maintain hazardous spill catch basins in the project area. The number of catch basins
installed should be determined by the design of the bridge, so that runoff would enter said basin(s) rather than
flowing directly into the stream, and in consultation with t6e NCDWR.
General Comments:
Future emironmental documents 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 I SA NCAC
2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone]nternet: www.ncdenr.gov
An Equal OpDOdunity 1 Affirmativa Action EmDloyer

documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Qualiry
Certi6cation.
Environmental impact statement alternatives shall consider design criteria that red�ce the impacts to streams
and weUands from storm water runoff To meet the requirements of NCDOT's NPDES permit NCS0000250,
these alternatives should 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 North Carolina Department of
Transpordation Stormwater Best Management Practrces Too(box manual, which includes BMPs such as
grassed swales, buffer areas, preformed scour holes, retention basins, etc.
3. After the selection of the preferred altemative 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 Environme�ta]
Management Commissiods Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of
greater than 1 acre to wetlands. ln the event that mitigation is required, the mitigation plan shall be designed
to replace appropriate IosY functions and values. The North Carolina Division of Mitigation Services may be
available to assist with wetland mitigation.
4. I� accordance with the Environmental Management Commissiods Rules (15A NCAC 2H.0506[h]),
mitigation will be required for impacts of greater than 150 linear feet to any single sffeam. In the event that
mitigation is required, the mitigation plan shall be designed [o replace appropria[e lost functions and values.
The North Carolina Division of Mitigation Services may be available to assist with stream mitigation.
5. Future documentatioo, i�cluding the 401 Water Quality Certification applicatio�, shall continue to include an
itemized listing of the proposed wetland and sheam impacts with corresponding mapping.
6. The NCDWR is very concerned with sediment and erosion impacts that could res�lt 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 tha[ would reduce the impacts.
7. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The rype
and detail of analysis shall conform to the NC Division of Water Resoarces Policy on the assessment of
secondary and cumulative impacts dated April IQ 2004.
8. The NCDOT is respectfully reminded that all impac[s, including but not limited to, bridging fill, excavation
and clearing, and rip rap to jurisdictional wetlands, streams, and riparia� 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 i�cluded 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 o[her 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 ex[en[ practicable.
10. Whenever possible, the NW WR prefers spanning structures. Spanning strucmres usually do not require
work wi[hiu 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 sVeam when possible.
I5. Bridge deck drains shall not discharge directly into the stream. Stormwater shal] 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. To meet the requirements of NCDOT's NPDES permit NCS0000250, please
refer to the most recent version of the North Carolina Department ajTransportation Stormwater Best
Management Practices Toolbox manual for approved measures.
I I. Sediment and erosion control measures should not be placed in wetlands or streams.

12. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impac[s to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quali[y Certification and could precipitate
compensatory mitigaCion.
13. The 401 Water Quality Certification application will need to specifically address the proposed methods for
s[ormwater management. More specifically, stormwater shall not be permitted to dischazge directly into
streams or surface waters.
14. Based on the information presenCed in the docume�t, the magniYUde of impacts to wetlands and streams may
require an [ndividual Permit (IP) applicaYion 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 qualiry to ensure that water quality standards are met and no wetland or stream uses are IosC. Final
permit authorization will require the submittal of a formal application by the NCDOT and written concunence
from the NCD W R. 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 storznwater management plan, and the inclusion of appropriate mitigation plans where appropriate.
l5. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing co�crete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged
Co surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
16. If temporary access roads or detours aze 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. V✓hen 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.
17. 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 opstream and downstream of the above structures. The applicant is
reqaired to provide evide�ce 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 NCD WR for guidance on how to proceed and to determine whether or not a permit
modification will be required.
18. 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 a[ 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 ouNet end of structures rypically decreases water velocity causing sediment deposition that requires
increased maintena�ce and disrupts aquatic life passage.
19. If foundation [est borings are necessary; it shall be noted in the document. Geotechnical work is approved
under General 401 Certification Number 3883Mationwide Permit No. 6 for Survey Activities.
20. Sediment and erosion control measures sufficient to protect wa[er resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Manua] and the most recent versio� of NCS000250.
21. 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 stmcmres shall be used to prevent excavation in
flowing water.
22. While the use ofNational Wetland Inventory (NWI) maps, NC Coastal Region Evaluatio� of Wetland
Significance (NGCREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require
that qaalitied personnel perform onsite wetland deli�eations prior to permit approval.

23. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize
sedimenCa[ion and reduce the likelihood of introducing other pollutants into streams. This equipment shall be
inspected daily and maintained to prevent contamination of surface waters firom leaking fuels, lubricants,
hydraulic fluids, or other toxic materials.
24. Riprap shall not be placed in the ac[ive thalweg chaunel or placed in the streambed in a ma�ner that precludes
aquatic life passage. Bioengineering boulders or srtuctures shoald be properly designed, sized and installed.
25. 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 Yhe growing season
following completion of construction.
The NCDWR apprecia[es the opportuniry to provide comments on your project. Should you have any questions or
require any additional information, please contact Dave Wanucha at [phone] or [e-mail].
Electronic copy only distribution:
John Thomas, US Army Corps of Engineers, Raleigh Field Office
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
NC Division of Water Resources Raleigh Central Office
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