North Shore Road (19)

Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
August 11, 2003
MEMORANDUM
To Melba McGee
Through John Dorney
From John E Hennessy
Subject Scoping comments on the North Shore Road Environmental Impact Statement, DENR No 04E-0005
Reference your correspondence concerning the referenced project Preliminary analysis of the project reveals the
potential for multiple impacts to perennial streams and jurisdictional wetlands in the project area More specifically,
impacts to
Stream Name River Basin Stream Classification(s) Stream Index Number
Fontana Lake Little Tennessee Class WS IV & B, CA 2
(040402)
Eagle Creek Little Tennessee Class WS IV TR CA 2-159
(040402)
Lewellyn Branch Little Tennessee Class C 2-171
(040402)
Augerhole Branch Little Tennessee Class WS IV TR CA 2-163
(040402)
Matt Branch Little Tennessee Class WS IV TR CA 2-150
(040402)
Hazel Creek Little Tennessee Class WS IV TR CA 2-146
(040402)
Mill Branch Little Tennessee Class C TR 2-146-14-6
(040402)
Chesquaw Branch Little Tennessee Class C TR 2-135
(040402)
Birchfield Branch Little Tennessee Class WS IV TR CA 2-162
(040402)
Payne Branch Little Tennessee Class WS IV TR CA 2-166
(040402)
Sweet Branch Little Tennessee Class C TR 2-172
(040402)
Myers Branch Little Tennessee Class WS IV TR CA 2-157
(040402)
Cable Branch Little Tennessee Class WS IV TR CA 2-149
(040402)
Whiteside Creek Little Tennessee Class WS IV TR CA 2-142
(040402)
Calhoun Creek Little Tennessee Class C TR 2-146-14-2-1
(040402)
MEt
N C Division of Water Quality 1650 Mad Service Center Raleigh, NC 27699-1650 [phone]
Customer Service 1 800 623-7748
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
Clark Branch Little Tennessee Class C TR 2-133
(040402)
Bluff Branch Little Tennessee Class B 2-125
(040402)
Chambers Creek Little Tennessee Class C TR 2-123
(040402)
Gunter Branch Little Tennessee Class C TR 2-102
(040402)
Glady Branch Little Tennessee Class C TR 2-98
(040402)
Little Tennessee Class WS III & B TR
Tuckasegee River (040402) ORW CA 2-79
Hyatt Branch Little Tennessee Class C TR 2-93-1
(040402)
Pilkey Creek Little Tennessee Class C TR 2-132
(040402)
Kirkland Branch Little Tennessee Class C TR 2-124
(040402)
Anthony Branch Little Tennessee Class C TR 2-123-3
(040402)
Welch Branch Little Tennessee Class C TR 2-107
(040402)
Forney Creek Little Tennessee Class C TR 2-97
(040402)
Goldwme Branch Little Tennessee Class C TR 2-93
(040402)
Tunnel Branch Little Tennessee Class C TR 2-94
(040402)
Noland Creek Little Tennessee Class C TR 2-90
(040402)
Canebrake Creek Little Tennessee Class C 2-87
(040402)
Peachtree Creek Little Tennessee Class C 2-85
(040402)
Watkins Branch Little Tennessee Class C 2-81
(040402)
Deep Creek Little Tennessee Class WS II & B TR 2-79-63
(040402) HQW CA
Hickory Flat Branch Little Tennessee Class C 2-88
(040402)
Middle Peachtree Creek Little Tennessee Class C 2-85-1
(040402)
Lands Creek Little Tennessee Class WS I HQW 2-83
(040402)
Toot Hollow Branch Little Tennessee Class C 2-79-64
(040402)
Further investigations at a higher resolution should be undertaken to verify the presence of other streams, their
tributaries, and/or jurisdictional wetlands in the area In the event that any jurisdictional areas are identified, the
Division of Water Quality requests that NCDOT consider the following environmental issues for the proposed
project
N C Division of Water Quality 1650 Mad Service Center Raleigh, NC 27699-1650 [phone]
Customer Service 1 800 623-7748
F WAJF Michael F Easley, Governor
`O?? RpG William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
A At this time, the DWQ does not support the construction of this project The project has the potential for
significant impacts to the Great Smokey Mountain National Park, high quality aquatic resources, and
important drinking water supplies located in the project vicinity In addition, the project does not appear to
have ajustifiable transportation purpose For instance, the existing road system does not appear to be
deficient Furthermore, the information provided does not discuss any problems with the safety of the
existing road infrastructure that this project might correct Finally, no economic development purpose is
proposed for this project
B At present, the DWQ believes that secondary and cumulative impacts from the proposed project may cause
significant harm to high water aquatic resources, and important drinking water supplies A detailed analysis
of potential cumulative impacts is needed
C Any document developed as part of this project should provide a detailed and itemized presentation of the
proposed impacts to wetlands and streams with corresponding mapping
D There should be a discussion on mitigation plans for unavoidable impacts If mitigation is required (which
likely), a conceptual (if not finalized) mitigation plan must be provided with the environmental
documentation While the NCDWQ realizes that this may not always be practical, it should be noted that for
projects requiring mitigation, appropriate mitigation plans will be required prior to issuance of a 401 Water
Quality Certification
E Review of the project reveals that Outstanding Resource Waters, Water Supply Water, High Quality Waters,
and Trout Waters will be impacted during the project implementation Any implementation of this project
would require adherence to the North Carolina regulations entitled "Design Standards in Sensitive
Watersheds" (15A NCAC 04B 0024) throughout design and construction of the project This would apply
for any area that drains to streams having WS (Water Supply), ORW (Outstanding Resource Water), HQW
(High Quality Water), SA (Shellfish Water) or Tr (Trout Water) classifications
F Review of the project reveals that impacts to Outstanding Resources Waters (ORW), High Quality Waters
(HQW), Trout Waters (TR), and Water Supply Waters (WS) are possible as a result of this project For any
impacts to these resources the DWQ would require the placement or preservation of 1) protected riparian
buffers, 2) appropriate stormwater controls, and the design and construction of hazardous spill catch basins at
any bridge crossing a stream (or its tributary) classified as ORW, HQW, TR, or WS The number of catch
basins installed should be determined by the design of each crossing and should be designed so that runoff
would enter said basin(s) rather than flowing directly into the stream
G For impacts to waters classified as ORW or HQW, the placement of fill will likely not be allowed Rather,
bridges to span the entire resource will likely be required
H If applicable, DOT should not install the bridge bents in any creek
I Wetland and stream impacts should be avoided (including sediment and erosion control structures/measures)
to the maximum extent practical If this is not possible, alternatives that minimize wetland impacts should be
chosen Mitigation for unavoidable impacts will be required by DWQ for impacts to wetlands in excess of
one acre and/or to perennial streams in excess of 150 linear feet
J Borrow/waste areas should not be located in wetlands It is likely that compensatory mitigation will be
required if wetlands are impacted by waste or borrow
K Any new culverts must be countersunk to allow unimpeded fish and other aquatic organisms passage through
the crossing
N C Division of Water Quality 1650 Mad Service Center Raleigh, NC 27699-1650 [phone]
Customer Service 1 800 623-7748
F \14A7*,F Michael F Easley, Governor
\O?? 91 William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
rte. Alan W Klimek, P E Director
o ?
L If foundation test borings are necessary, it should be noted in the document Geotechnical work is approved
under General 401 Certification Number 3027/Nationwide Permit No 6 for Survey Activities
M In accordance with the NCDWQ Wetlands Rules { 15A NCAC 2H 0506(b)(6) }, mitigation will be required
for impacts of greater than 150 linear feet to any single perennial stream In the event that mitigation
becomes required, the mitigation plan should be designed to replace appropriate lost functions and values In
accordance with the NCDWQ Wetlands Rules (15A NCAC 2H 0506 (h)(3)), the Wetland Restoration
Program may be available for use as stream mitigation if that program agrees to accept this responsibility
N Sediment and erosion control measures should not be placed in wetlands or streams
O The 401 Water Quality Certification application will need to specifically address the proposed methods for
stormwater management More specifically, stormwater will not be permitted to discharge directly into the
creek Instead, stormwater should be designed to drain to a properly designed stormwater detention
facility/apparatus
P While the use of National Wetland Inventory (NWI) maps and soil surveys is a useful office tool, their
inherent inaccuracies require that qualified personnel perform onsite wetland delineations prior to permit
approval
At this time, the DWQ has concerns with the proposed project As a result, we request the we be included in all
future interagency meetings to discuss this project Thank you for requesting our input at this time The DOT 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 John Hennessy at [phone]
cc File Copy
Central Files
John Hennessy, DWQ 401 Central Office
Mike Parker, Asheville Regional Office
C \ncdot\North Shore Road\Comments\North Shore Road Comments02 doc
N C Division of Water Quality 1650 Mad Service Center Raleigh, NC 27699-1650 [phone]
Customer Service 1 800 623-7748