20201864_Harnett R-5705 DWR scoping comments_20151215

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
Dirr�7or
December l4, 2015
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To: Kim Gillespie, NCDOT Project Development and Environmental Analysis Unit
From: Mason Herndon, NC Division of Water Resources, Transportation Permitting Unit, ��1
Fayetteville/Wilmington Region.
Subject: Scoping comments on proposed improvements to NC 55 from SR 1542 (Old Buies Creek Road) in Angier
to narth of SR 2791 (Kennebec Church Road in Harnett County, WBS No. 46377.1.1, TIP R-5705.
Reference your correspondence dated Deceinber 3, 2015 in which you requested comments for the referenced
project. Preliminary analysis of the project reveals the potential for multiple impacts to streams and jurisdictional
wetlands in the project area. More specifically, impacts to:
Stream Name River Basin Stream Stream Index 303(d) Listing
Classification(s) Number
UT's to Black River a Cape Fear C;Sw 18-68-]2-1 No
UT's to Neills Creek b Cape Fear WS-IV 18-16-(0.7) No �
a also known as Little Black River, Popes Lake and Rhodes Pond.
b also known as Neals Creek
` Neills Creek is listed as 303d impaired waters above confluence of tributaries in the project study area.
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 NCDOT consider the following environmental issues for the proposed project:
Project Specific Comments:
DWR cannot comment on permit requirements with the limited information provided and wide range of
estiinated impacts within the proposed alternative corridors. A verified field delineation is required to
determine the presenee or absenee of jurisdictional resources within the project limits. In addition, NCDOT
must provide an estimate of impacts to any resources located within the construction limits of the project
befare we can specifically comment on NCDWR permit eligibility.
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 eoncurrenee from 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.
State of No�th Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]

General Project Comments:
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 40l Water Quality
Certification.
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
NCDWR's Stormwater Best Management Practices Manua[, 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 40l Water Quality Certification,
the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of
impacts to wetlands (and stt-eams) to the maximum extent practical. In accordance with the Environmental
Management Commission's Rules (15A NCAC 2H.0506[h]), mitigarion will be required for impacts of
greater than l 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.
7. An analysis of cumulative and secondary impacts anticipated as a result of this project may be required if an
alternative on new location is proposed. 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. In accordance with tl�e Environmental Management Commission's Rules (l SA NCAC 2H.0506[h]),
mitigation will be required far impacts of greater than 150 linear feet to any perennial stream. In the event
tl�at 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.
9. Future documentation, including the 40] Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping.
l0. The NCDWR is very concerned with sediment and erosion impacts that could result frorn 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.
l l. The 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.
t 2. 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.
l3. 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 ar outlet end of structures typically decreases water velocity causing sediment deposition that requires
increased maintenance and disrupts aquatic life passage.
l4. The 401 Water Quality Certification application will need to specifically address the proposed inethods for
stormwater management. More specifically, stormwater shall not be permitted to discharge directly into
streams or surface waters.
l 5. 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.
16. 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
fol]owing completion of construction.
Thank you for requesring our input at this time. The NCDOT is reminded that issuance of a 40] 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
Mason Herndon at (9l0) 308-4021 or [e-mail].
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
Kristi Lynn Carpenter, NCDWR
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