North Shore Road (8)

Michael F Easley, Governor
Q? ?T?iQ William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
?J 'Y Coleen Sullins, Director
Y?M1„ ` ?-I Division of Water Quality
3
October 22, 2007
MEMORANDUM
To Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
Through John Hennessy, Supervisor, Transportation Permitting Unit, NCDW
From Brian Wrenn, Transportation Permitting Unit, NCDWQ
Subject Comments on the Final Environmental Impact Statement related to the proposed North
Shore Road, Swain County, State Clearinghouse Project No 08-0110
This office has reviewed the referenced document dated September 2007 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
Protect Specific Comments:
The NCDWQ agrees with the National Park Service (NPS) selection of the Monetary Settlement
Alternative as the Preferred Alternative
Comments if the Monetary Settlement Alternative is not ultimately selected:
2 Several streams have supplemental classifications as Trout (Tr) waters of the State
NCDWQ recommends that the most protective sediment and erosion control BMPs be
implemented to reduce the risk of turbidity violations in trout waters In addition, all
disturbances within trout buffers should be conducted in accordance with NC Division of
Land Resources and NC Wildlife Resources Commission requirements
3 Review of the project reveals the presence of surface waters classified as Outstanding
Resource Waters of the State in the project study area The water quality classification of
ORW is one of the highest classifications in the State NCDWQ is extremely concerned
with any impacts that may occur to streams with this classification It is preferred that
these resources be avoided if at all possible If it is not possible to avoid these resources,
the impacts should be minimized to the greatest extent possible Given the potential for
impacts to these resources during the project implementation, the NCDWQ requests that
the applicant strictly adhere to North Carolina regulations entitled "Design Standards in
Sensitive Watersheds" (15A NCAC 04B 0124) throughout design and construction of the
project Pursuant to 15A NCAC 2H 1006 and 15A NCAC 2B 0224, the applicant will be
required to obtain a State Stormwater Permit prior to construction The applicant must
One
N Carolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 276991650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] FAX [phone] / Internet http //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
meet the requirements of 15A NCAC 02B 0225 including any additional requirements
listed for the specific waterbody
4 In section 4 4 1 1, the methodology for assessing impacts to wetlands describes the impact
thresholds for negligible, minor, moderate, and mayor impacts As stated in our comments dated
March 1, 2006, DWQ feels that the impact thresholds should be adjusted to reflect the rarity and the
relative significance of wetlands in the mountains of North Carolina DWQ feels that any impact to
wetlands greater than 0 1 acres should be considered a mayor impact, especially considering the rare
plant and animal communities, and thus, the significant functions and protections to water quality
that these wetlands prove
5 In general, the Final Environmental Impact Statement (DEIS) reports that the proposed Partial Build
to Bushnell and Northern Shore Corridor alternatives would have moderate to mayor, adverse, long-
term impacts to wetlands, streams, lakes, water quality, aquatic ecology and vegetation
communities These alternatives would not meet the stated goals of the proposed project NCDWQ
does not feel that the potential benefits of the Purpose and Need justify the level of adverse impacts
to these resources
6 DWQ is extremely concerned about the long-term impacts to water quality resulting from the
exposure of acid-producing (AP) rock formations during road construction Construction of
previous projects in areas with AP rock has resulted in degradation of water quality with no
practical solutions available to reverse the impairment The DEIS indicates similar rock formations
are present throughout the study area, and the Northern Shore Corridor would involve construction
in the area with the highest potential for acid production Please provide a discussion of the
strategies that would be implemented to prevent water quality impairment due to runoff from AP
rock
7 In section 4 4 3 2, the document states that for the build alternatives, Water Quality Standard
violations may occur or are likely to occur A North Carolina 401 Water Quality Certification can
only be issued for a project that provides adequate assurances that Water Quality Standards and
discharge guidelines will not be violated Based on the information provided in the FEIS, NCDWQ
may not be able to issue a 401 Water Quality Certification for the build alternatives associated with
this project
In August 2005, NCDWQ biologists completed a benthic macroinvertebrate survey of several
representative tributaries along the north shore of Fontana Lake to determine if the streams qualified
for Outstanding Resource Water (ORW) designation All benthic macroinvertebrate collections
evaluated scored an excellent bioclassification and indicates the tributaries to the north shore of
Fontana Lake qualify for ORW designation In addition, the biologists noted that every sample
collected from this study included at least one rare mayfly or caddisfly An extremely rare
caddisfly, Mayatrichia ayama, was collected at the Eagle Creek site This particular taxon appears
just eight times in over 5,800 of NCDWQ's benthological collections throughout the State The
presence of such rare and diverse benthic communities demonstrates the pristine habitat and water
quality provided by streams along the northern shore of Fonatana Lake NCDWQ is particularly
concerned about the potential loss of these unique resources if any of the Northern Shore Corridor
build alternatives are pursued
General Comments:
9 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
10 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 NCDWQ Stormwater Best Management Practices, such as grassed swales,
buffer areas, preformed scour holes, retention basins, etc
11 After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the permittee 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 (1 5A 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 The NC Ecosystem Enhancement Program may be available for use as wetland
mitigation
12 In accordance with the Environmental Management Commission's Rules 11 5A NCAC
2H 0506(h)}, ntigation will be required for impacts of greater than 150 linear feet to any single
perennial stream In the event that mitigation is required, the mitigation plan shall be designed to
replace appropriate lost functions and values The NC Ecosystem Enhancement Program may be
available for use as stream mitigation
13 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
14 NCDWQ is very concerned with sediment and erosion impacts that could result from this project
The permittee 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
15 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 DWQ's Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004
16 The permittee 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, in addition to any construction impacts, temporary
or otherwise, also need to be included as part of the 401 Water Quality Certification Application
17 Where streams must be crossed, the NCDWQ 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 permittee should not install the bridge bents in the creek, to the
maximum extent practicable
18 Sediment and erosion control measures should not be placed in wetlands or streams
19 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
20 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
21 Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may require an individual permit 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 permittee 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
22 Bridge supports (bents) should not be placed in the stream when possible
23 Whenever possible, the NCDWQ 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 allow for human and
wildlife passage beneath the structure, do not block fish passage and do not block navigation by
canoeists and boaters
24 Bridge deck drains should 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 Please refer to the most current version of
NCDWQ Stormwater Best Management Practices
25 If concrete is used during construction, a dry work area should 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
26 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
27 Placement of culverts and other structures in waters, streams, and wetlands 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 down stream of the
above structures The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by NCDWQ 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
28 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 and/or sills 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
29 If foundation test borings are necessary, it shall be noted in the document Geotechmcal work is
approved under General 401 Certification Number 3494/Nationwide Permit No 6 for Survey
Activities
30 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
31 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
32 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
33 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
34 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage Bioengineenng boulders or structures should be properly designed,
sized and installed
35 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

ents on your project Should you have any
on, please comet provide The NCDWQ information, please contact Bnan Wrenn at 919-733-571
appreciates the opportunity to
questions or require any additional
Corps of Engineers, Asheville Field Office
Cc David Baker, US Army Administration
Clarence Coleman, Federal Highway
Marla Chambers, C WRC
Marella Buncick, USFWS
Chris Militscher, USEPA Regional O
A ffice, NC DWQ
Mike Parker, Asheville DWQ Pl planning Branch
Alex Marks,
File Copy
i
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¦ Significant land use changes
¦ Significant loss of trail 11la?5 '
¦ Cemetery access - although some will see beneficial impacts others will see U
adverse or indeterminate impacts due to Build alt
¦ Construction of north shore would excavate -2 9 mill yds3 and need 2 5 null .
yds3 of fill X"& ?oxa ?A ? wa ga
¦ Much of the needed fill may not be useable due to acidic rock -- (iw?1c ot k (`9
¦ Do construction costs reflect cost of limestone for acidic rock treatment and
hauling costs for 85 mile quarry
¦ Mayor visibility impacts
¦ Unique wetlands in corridors?
¦ Measure of seventy for impacts to wetlands should be adjusted to reflect ranty of
wetlands in this region
¦ Stream impacts should be broken down by stream with classification'
¦ Over 4 miles of stream impact
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