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HomeMy WebLinkAbout23-0233 Bridge 91__U-6143_B-6051_Gaston CoROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director MEMORANDUM NORTH CAROLINA Environmental Quality May 22, 2023 To: Lyn Hardison, Environmental Assistance and SEPA Coordinator, NCDEQ EDS From: Dave Wanucha, NC Division of Water Resources, Transportation Permitting Branc 5/22/2023 Subject: Comments on proposed Bridge 91 replacement on US 29/US 74 (Wilkinson Blvd.) over South Fork Catawba River on border of Gaston and Mecklenburg Cos., STIP B-6051; and improve the intersection of US 74 and NC 7 (Catawba Street), STIP U-6143 in Belmont, NC; SEPA Project No. 23-0233. Reference correspondence dated May 15, 2023, in which you requested comments for the referenced project. Preliminary analysis of the project reveals the potential for impacts to streams and jurisdictional wetlands in the project. More specifically, impacts to: Stream Name River Basin Stream Classifications Stream Index Number 303(d) Listing WS-IV; B; CA; Catawba River Catawba Protected Riparian 11-(122) and No and UT at NC 7 Buffers 11-123-(2) Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or jurisdictional wetlands in the area. If any jurisdictional areas are identified, the Division of Water Resources requests that NCDOT consider the following environmental issues for the proposed project. General Project Comments: 1. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[c]), mitigation will be required for impacts of greater than 300 linear feet to any perennial stream and greater than 0.10 acres to any wetlands. If mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and values. The North Carolina Division of Mitigation Services may be available for assistance with stream mitigation. 2. These projects are within the Catawba River Basin. Riparian buffer impacts shall be avoided and minimized to the greatest extent possible pursuant to 15A NCAC 2B .0614. 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 .02B .0614. Buffer mitigation may be required for buffer impacts resulting from activities classified as "allowable with mitigation upon authorization" 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 North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of the Water Quality Certification. teo E� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 3. Future documentation, including the 401 Water Quality Certification Application (if required), shall continue to include an itemized listing of the proposed wetland and stream impacts with corresponding mapping. 4. NCDWR is very concerned with sediment and erosion impacts that could result from this project. The County 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. 5. 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 or applicable General Certification. 6. Where streams must be crossed, 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 County should not install the bridge bents in the creek, to the maximum extent practicable. 7. 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 recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. 8. Sediment and erosion control measures should not be placed in wetlands or streams 9. 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. 10. The 401 Water Quality Certification application (if required) 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. Please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. 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 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. 12. 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 NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR 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 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 Q7: > North Carolina Department of Environmental Quality I Division of Water Resources a:E 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 14. Review of the project reveals the presence of surface waters classified as Water Supply Critical Area in the project study area. Given the potential for impacts to these resources during the project implementation, the NCDWR requests that NCDOT strictly adhere to North Carolina regulations entitled Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) throughout design and construction of the project. This would apply for any area that drains to streams having WS CA (Water Supply Critical Area) classifications. 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 Manual. 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 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. 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 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. Thank you for requesting our input at this time. NCDOT is reminded that issuance of a 401 Water Quality Certification (or applicable General Certification) requires that appropriate measures be instituted to ensure that water quality standards are met, and designated uses are not degraded or lost. If you have any questions or require additional information, please contact Dave Wanucha at (336) 403-5655 or Dave.Wanucha@ncdenr.gov. Electronic copy: File Q7: > North Carolina Department of Environmental Quality I Division of Water Resources a:E 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000