20190397_DWR Comments_EA_20161201

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Environmen tal
Quality
MEMORANDUM
To:
From:
Subject:
PAT MCCRORY
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DONALD R. VAN DER VAART
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JAY ZIMMERMAN
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December 1, 2016
Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
Dave Wanucha, Division of Water Resources, Winstou Salem Office��1z��„6
Comments on tl�e Environmental Assessinent related to proposed NC l05 Improvements from
Clark's Creek Road (SR ll 36) to NC 105 bypass (SR 1107) in Boone, Watauga County. State
Project 37512.1.5 NHPP-0150(004). TIP Project R-2566B. SEPA Project No. 17-0246.
This office has reviewed tlle referenced document dated September 22, 2016 (received on November 28, 2016). The
NC Division of Water Resources (NCDWR) is responsible fior the issuance of the Section 401 Water Qliality
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, streams, and other surface waters. NCDWR
offers the following comments based on review of the aforementioned document:
Project Specific Comments:
L This project is being planned as part of the 404/NEPA Merger Process. As a participating Ceam member,
NCDWR will continue to wark with the team.
2. The Watauga River, Laurel Fork and their tributaries are Trout waters (Tr) of the State. The NCDWR
recommends that the most protective sediment and erosion control BMPs be implemented to reduce the risk of
turbidiry violations in trout waters (i.e., Design Standards in Sensitive Watersheds). Tn addition, all
disturbances within trout bufii�ers should be conducted in accordance with NC Division of Land Resources and
NC Wildlife Resources Commission requirements.
3. The Watauga River is classified as High Qualiry Waters (HQW) of the State. This is one of the bighest
classifications for water quality. Provided the project meets the requirements of NCDOT NPDES permit
NCS000250, no application for individual State Stormwater permit will be required (Streamlining State
Stormwater Permitting far NCDOT Projects letter, July 26, 2013).
4. 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.
General Comments:
5. The NCDOT is respectfully remii�ded that all impacts, including but not limited to, bridging, fill, excavation
and clearing, and rip rap to jur-isdictional wetlands, streams, and riparian buffers need to be included in the
final impact calculations. These impacts, in addition to any construction impacts, teinporary or otherwise,
also need to be included as part of the 401 Water Quality Certification Application.
In accordance with the Environmental Management Commission's Rules (l5A NCAC 2H.0506[h]),
mitigation will be required far impacts of greater than 1501inear feeY to any single stream. In the event that
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State of North Carolina I Environmental Quality
161 I Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

mitigation is required, the mitigarion plan shall be designed to replace appropriate lost functions and values.
The Narth Carolina Division of Mitigation Services may be available to assist with stream mitigation.
7. 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.
8. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require
work within 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 stream when possible.
9. 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. To meet the requirements of NCDOT's NPDES permit NCS000250, please
refer to the most recent version of the North Carolina Department of Transportation Stormwater Best
Management Practices Toolbox manual for approved measures.
10. Sediment and erosion control measures should not be placed in wetlands or streams.
11. 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.
12. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require an Individual Permit (IP) 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 NCDOT 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.
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 ar not a pernut
modification will be required.

16. 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 or outlet end of structures typically decreases water velocity causing sediment deposition that requires
increased maintenance and disrupts aquatic life passage.
17. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
under Genera1401 Certification Number 3883/Nationwide Permit No. 6 for Survey Activities.
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
Planning 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 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 maYimum 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.
The NCDWR appreciates the opportunity 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:
Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office
Dr. Cynthia Van Der Wiele, US Environmental Protection Agency
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