20200192 Ver 1_Scoping Comments 4.4.2017 NCDWR TPU_20170405

ROY COOPER
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MICHAEL S. REGAN
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���1�-��������r S. JAY ZIMMERMAN
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April 4, 2017
MEMORANDUM
To:
From:
Brett Canipe, PE NCDOT Division 10
Do�ma Hood, NC Division of Water Resources, Mooresville Regional Office
Subject: Scoping cotnments on proposed improvemeuts to Nortl�cross Drive Extension in Mecl<lenburg County,
State Project No. U-5108, State Clearinghouse Project No. 2017-0397.
Refec•ence your con-espondence dated March 6, 2017 in which yoLi requested comments for the referenced project.
Prelimina�y analysis of the project reveals the potentia] for multiple iinpacts to streams and jurisdictional wetlands
in the project area. More specitically, impacts to:
Stream Name River Basin Stream Classificatio�i(s) St��eam Index 303(d) Listing
Number
McDowell Creelc Catawba C, WS-IV l L-1 15-(1.5) Yes, poor fish
comm�mity. TMDL
developed-McDowell
Creek Watershed
Mana einent Plan
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:
Extensive restoration work has been done in tl�e McDowell Creek watershed, as it is a watershed that
discharges directly upstream of a drinking water intake that serves the City of Charlotte. No control of access
on this new location road will allow heavy development in a cun�ently natural area along the main stem of
McDowell Creel<. Si�nificant development would have an adverse effect on the City of Charlotte's drinlcing
water source. Development would also have an adverse effect on tl�e attempted restoration of this wateished.
It is recoinmended to have access control. lt is also recommended to stay out of any restored (or mitigation)
wetlands and/or streams.
2. The stormwater departments for tl�e cities of Huntersville, CorneLius, Charlotte and Mecldenburg County
should be consulted to ensure compliance with locally implemented water supply/watershed rules and the
MeDowell Creelc Restoration plan.
°'"1"J�athie�q C�ae���aar�� -- _ -
State of No�tl� Carolina � Envu�onmental Quality
1617 M�il Service Center I Raleigh, North Carolina 27699-1617

McDowell Creek is class C; 303(d) waters of the State. McDowell Creek is on the 303(d) list for impaired use
for aquatic life. The NCDWR is very concerned with sediment and erosion impacts that could result from this
project. The NCDWR recommends that the most protective sediment and erosion control BMPs be
implemented in accordance with Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) to
reduce the risk of further impairment to McDowell Creek. 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 Transportation Stormwater Best Management Practices Toolbox manual.
4. 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.
5. Should the bridge project be located within the Critical Area of a Water Supply, the NCDOT may be
required to design, construct, and maintain hazardous spill catch basins in the project area. The number of
catch basins installed should be determined by the design of the bridge, so that runoff would enter said
basin(s) rather than flowing directly into the stream, and in consultation with the NCDWR.
6. This project is within the Catawba River Basin. Riparian buffer impacts shall be avoided and minimized to
the greatest extent possible pursuant to 15A NCAC 2B .0243. 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 .0295. Buffer mitigation may be required for buffer
impacts resulting from activities classified as "allowable with mitigation" 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. Buffer mitigation may be required far buffer impacts resulting from
activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer Rules ar
require a variance under the Buffer Rules. A buffer mitigation plan, coordinated with the North Carolina
Division of Mitigation Services, must be provided to the NCDWR prior to approval of the Water Quality
Certification.
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.
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 best management practices 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 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 (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 1501inear 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
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.
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 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 calcularions. These impacts, in addition to any construction impacts, temporary or otherwise,
also need to be included as part of the 401 Water Qualiry Certification Application.
9. 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.
10. 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 navigarion by canoeists and boaters shall not be blocked. Bridge supports (bents)
should not be placed in the stream when possible.
11. 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 NCS0000250, please refer
to the most recent version of the NoYth Carolina Department of Transportation Stormwater Best Managerreent
Practices Toolbox manual for approved measures.
12. Sediment and erosion control measures should not be placed in wetlands or streams.
13. 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.
14. The 401 Water Quality Certificarion 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.
l 5. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require an [Individual Permit (IP) or Nationwide (NW); pick one — in general, greater than '/z ac. Of
wetland impact or greater than 3001inear ft. of stream requires an IP] application to the Corps of
Engineers and corresponding 401 Water Quality Certification. Please be advised that a 401 Water Qualiry
Certificarion 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 contingenY 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.
16. 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.
17. 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.
18. Uniess 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland
Significance (NGCREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require
that qualified personnel perform onsite wetland delineations prior to permit approval.
24. 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.
25. 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.

26. 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 NCDOT 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
Ms. Donna Hood at [phone] or [e-mail].
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Kristi Lynn Carpenter, NCDWR
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