20090372 Ver 1_EA Comments_20080829

0? WA1- Micnaei r mdbiey vuvernur
William G Ross Jr, Secretary
Q North Carolina Department of Environment and Natural Resources
Coleen Sullins, Director
Division of Water Quality
August 29, 2008
MEMORANDUM
To Melba McGee, DENR Environmental Coordinator
From Rob Ridings, Division of Water Quality, Transportation Pennittmg Unit
Subject Comments on the Environmental Assessment related to proposed improvements to NC
210 from Fayetteville Outer Loops to NC 27/87, Cumberland County, Federal Aid
Project No STP-210(11), State Project No 36492 12, TIP No U-4444, DENR
Clearinghouse No 09-0044
This office has reviewed the referenced document dated received August 25, 2008 The Division of
Water Quality (DWQ) is responsible for the issuance of the Section 401 Water Quality 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 junsdictional wetlands, streams, and other surface waters The DWQ
offers the following comments based on review of the aforementioned document
Project Specific Comments.
This project is being planned as part of the 404/NEPA Merger Process As a participating team
member, the NCDWQ will continue to work with the team
2 Cross Creek, Little Cross Creek, and their tributaries are class WS-IV, 303(d) waters of the State
DWQ is very concerned with sediment and erosion impacts that could result from this project
DWQ recommends that the most protective sediment and erosion control BMPs be implemented to
reduce the risk of nutrient runoff to these waters DWQ requests that road design plans provide
treatment of the storm water runoff through best management practices as detailed in the most
recent version of NC DWQ Stormwater Best Management Practices
General Comments:
2 The environmental document shall 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
3 Environmental assessment 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 NC DWQ Stormwater Best Management Practices, such as grassed swales,
buffer areas, preformed scour holes, retention basins, etc
None Carohna
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet http //h2o enr state nc us/ncvvetlands
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4 After the selection of the preferred alternative and prior to an issuance of the 41 Water
that they will need to demonstrate theQavoidance
Certification, the NCDOT is respectfully reminded extent
cal In and minimization of impacts to wetlands (ands eCo smmis lion's Rules {15A NCACi2H 0506(h)},
accordance with the Environmental Management event mitigation will be required for impacts of greater
beades acre
gned to Vreplace appropriate loshfunctions
mitigation is required, the mitigation plan should
and values The NC Ecosystem Enhancement Program may be available for use as wetland
mitigation 11 5
NCAC 5 In accordance with the Environmental Management
of greater than 50 linearfeet to any single
2H 0506(h)}, mitigation will be required for impacts
perennial stream In the event that mitigation is required, the mitigation
NC Ecosystem Enhancement P ogram maybe
replace appropriate lost functions and values T
available for use as stream mitigation fication
cation
cont 6 Future documentation, including the 401 Water Quality and rides cream impacsh'?'1 h orrespond rig lnue
to include an itemized listing of the propose
mapping
DWQ is very concerned with sediment and erosig the on impacts potential mpactsthat may occur to the aquatic
DOT shall address these concerns
that would educe the impacts
environments and any mitigating factors
3 An analysis of cumulative and secondary impacts anticipated as a result of this project is required
10, of Water Quality Policy on the
The type and detail of analysis shall conform to the NC Division
assessment of secondary and cumulative impacts dated April 2004
9 NC DOT is respectfully reminded that all impacts, including but not limited to, bridging, fill,
excavation and clearing, to jurisdictional wetlands, streams, and riparian buffers need to be included
in the final impact calculations These impacts, artof the 401 Water QualityCrtificationaApplicat onry
part
or otherwise, also need to be included as
10 Where streams must be crossed, the DWQ prefers bridges be used in lieu of culverts However, we
realize that economic considerations often require the use of culverts Please be
by fish and other aquatcvorganhsms
culverts shall be countersunk to allow unimpeded passage rove
Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove
preferable When applicable, DOT should not install the bridge bents in the creek, to the maximum
extent practicable
11 Sediment and erosion control measures shall not be placed in wetlands or streams
12 Borrow/waste areas shall avoid wetlands to the maximum extent ractical
Water Quah ty Certification and ctould lands in
borrow/waste areas will need to be presented in the 401
precipitate compensatory mitigation
13 The 401 Water Quality Certification application will need lstospecifically shall not ress there propose
to
methods for stormwater management More specifically, o be d
discharge directly into streams or surface waters
14 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 NCDWQ 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
15 Bridge supports (bents) shall not be placed in the stream when possible
16 Whenever possible, the DWQ 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
neath the structure, do not block fish passage and do not block navigation by
wildlife passage be
canoeists and boaters
17 Bridge deck drains shall not discharge directly into the stream Stormwater shall be directed across
the budge and pre-tntring the stream Please refer to the most pcu ent vers on of NC
vegetated buffers, etc tc ) before e
DWQ Stormwater Best Management Practices
18 If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete alduwer Water e tote potential lfor levated pH and possible aquatic 1 fe and
not be discharged to surface waters
fish kills
19 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
the area to re-vegetate
and leaving he stumps and root mat intact allows
mechanized equipment
naturally and minimizes soil disturbance
20 Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of he 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-equilibnum of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ If this condition is unable to be met due to bedrock or
other limiting features encountered during construction, please contact the NC DWQ for guidance
on how to proceed and to determine whether or not a permit modification will be required
21 If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section
including
as closely as possible
stream pipes
shall be avoided1nStream ochannel widening at the inlet or
appropriate Widening
outlet end of structures typically decreases water velocity causing sediment deposition that requires
increased maintenance and disrupts aquatic life passage
22 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
23 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 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
24 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 onsrte wetland delineations prior to permit
approval
25 Heavy equipment shall 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 should be inspected daily and maintained to prevent contamination of surface waters
from leaking fuels, lubricants, hydraulic fluids, or other toxic materials
26 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 shall be properly designed,
sized and installed
27 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
The NCDWQ appreciates the opportunity to provide comments on your project Shall you have any
questions or require any additional information, please contact Rob Ridings at [phone]
cc Richard Spencer, US Army Corps of Engineers, Wilmington Field Office
Clarence Coleman, Federal Highway Administration
Gregory J Thorpe, Ph D, NCDOT PDEA
Jim Rerko, Division 6 Environmental Officer
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
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