Scoping Comments_R-5927_US 15-501_9-7-23

September 7, 2023
MEMORANDUM___________________________________________________
To: Rick DeCola, Transportation Department Manager, Mead & Hunt

From: Ryan Conchilla, NC Division of Water Resources, Transportation Permitting Branch

Subject: Scoping comments on the proposed widening of US 15-501 from NC 2 and NC 211 to NC 73 in Pinehurst
and realignment of NC 73 and SR 1838 (McCaskill Road), Moore County. NCDOT TIP R-5927

Reference your correspondence dated August 24, 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
area. More specifically, impacts to:
Stream Name River Basin Stream
Classification(s)
Stream Index
Number 303(d) Listing
Nicks Creek Cape Fear WS-III 18-23-3-(0.5) No
Joes Fork Cape Fear WS-III 18-23-3-1 No
Little River Cape Fear WS-III, HQW 18-23-1 No

Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or
jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water
Resources requests that the applicant consider the following environmental issues for the proposed project:
Project Specific Comments:

1. Little River is class WS-III; HQW waters of the State. This is one of the highest classifications for water
quality. 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 Little River.
Transportation General Project 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
2H.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 BMPs as detailed in the most recent version of the North Carolina Department
of Transportation Stormwater Best Management Practices Tool box manual, such as grassed swales, buffer
areas, preformed scour holes, retention basins, etc.

3. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,
the applicant 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. North Carolina Division of Mitigation Services may be available for
assistance with 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 300 linear feet to any perennial stream. In the event that 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.

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
applicant 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.

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 Resource Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004.

8. The applicant 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.

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

10. 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.

11. 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. Please refer to the most recent version of the North Carolina Department of
Transportation Stormwater Best Management Practices Toolbox manual for approved measures.

12. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require a 404 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 applicant 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.

13. 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. Concrete shall be
handled in accordance with the NPDES Construction General Permit NCG010000.

14. 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.

15. 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.

16. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved under
General 401 Certification Number 4085/Nationwide Permit No. 6 for Survey Activities.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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. The applicant is reminded that issuance of a 401 Water Quality
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
Ryan Conchilla at [e-mail].