NHC U-5729 DWR TPU Scoping Comments

Water Resources
ENVIRONMENTAL OU^,LITY
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To:
From:
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY ZIMMERMAN
April 21, 2016
Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
Mason Herndon, NC Division of Water Resources, Transportation Permitting Unit, �,0
Fayetteville/Wilmington Region.
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Subject: Scoping comments on proposed improvements to US 421 (Carolina Beach Road) from Burnett Boulevard
to US 117 (Shipyard Boulevard) in Wilmington, New Hanover County, State Project No. 54020.1.FR, TIP
U-5729 State Clearinghouse Project No. 16-0304.
Reference your correspondence dated April 14, 2016 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
Tributaries to Cape Fear River Cape Fear SC 18-(7l )a3 Yes
Greenfield Creek Cape Fear SC;Sw 18-76 No
Tributaries to Greenfield Lake Cape Fear C;Sw 18-76-1 Yes
Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/ar
jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water
Resources requests that NCDOT Division 3 consider the following environmental issues for the proposed project:
Project Specific Comments:
Cape Fear River are class SC; 303(d) waters of the State. Cape Fear River is on the 303(d) list far impaired
use for aquatic life due to low dissolved oxygen and pH. The NCDWR is very concerned with sediment and
erosion impacts that could result from this project. Additionally, to meet the requirements of NCDOT's
NPDES permit NCS0000250, the NCDWR requests that road design plans provide treatment of the storm
water runoff through best management practices as detailed in the most recent version of the North Carolina
Department of Ti^ansportation StormwateN Best Management Practices Toolbox manual.
Greenfield Lake are class C;Sw; 303(d) waters of the State. Greenfield Lake is on tlie 303(d) list for impaired
use far aquatic life due to chlorophyll a. The NCDWR is very concemed with sediment and erosion impacts
that could result from this project. Additionally, to meet the requirements of NCDOT's NPDES permit
NCS0000250, the NCDWR requests that road design plans provide treatment of the storm water runoff
through best management practices as detailed in tlie most recent version of the North Carolina Department of
Transportation StoNmwater Best Management Practices Toolbox manual.
State of No�th Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]

DWR cannot comment on permit requirements with the limited information that was provided. A verified
field delineation is required to determine the presence or absence 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 before 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 concurrence from NCDWR.
Please be aware that any approval will be contingent on appropriate avoidance and minimization of wetland
and stt-eam impacts to the maximum extent practical, the development of an acceptable stormwater
management plan, and the inclusion of appropriate mitigation plans where appropriate.
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 401 Water Quality
Certification.
Proposed alternatives shall consider design criteria thatreduce the impacts to streams and wetlands from
storm water runoff. These alternatives shall include road designs that allow for treatment of the storm water
runofFthrough best management practices as detailed in the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Toolbox manual.
Prior to an issuance of the 40l Water Quality Certiflcation, 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 Environmental Management Commission's Rules (l5A
NCAC 2H.0506[h]), mitigation 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. in accordance with tl�e Environmental Management Commission's Rules (15A NCAC 2H.0506[h]),
mitigation will be required for impacts of greater than 1501inear 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.
8. Future documentation, including the 40l Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping.
9. The NCDWR is very concerned with sediment and erosion impacts that could result 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 that would reduce the impacts.
l0. 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.
11. 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. Impacts to wetlands in
borrow/waste areas will need to be presented in the 40] Water Quality Certification and could precipitate
compensatory mitigation.
l3. The 40] Water Quality Cerrification 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.
14. 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.
l 5. 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.
l6. Unless otherwise authorized, placement of culverts and other stt-uctures 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.
l 7. If multiple pipes or barrels are required, they shall be designed to mimic natural stt-eam cross section as
closely as possible including pipes ar 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 or outlet end of structures typically decreases water velocity causing sediment deposirion that requires
increased maintenance and disrupts aquatic life passage.
18. 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
Plannin� and Design Manual and the most recent version of NCS000250.
19. 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.
20. Heavy equipment should be operated from the bank rather than in stt-eam channels in arder to minimize
sedimentation and reduce the likelihood of introducing other pollutants into stt-eams. 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 thalwe� 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 requesring our input at this time. The NCDOT is reminded that issuance of a 40l 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 [phone] or [e-mail].
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stephen Lane, NC Division of Coastal Management
Kristi Lynn Carpenter, NCDWR
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