20040549 Ver 2_Staff Report_20080221

ib? W A TF? Michael F Easley, Governor
William G Ross Jr, Secretary
?O North Carolina Department of Environment and Natural Resources
r? r
r. - I Division f Water Quality
T..
February 21, 2008
MEMORANDUM
TO Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
FROM Brian Wrenn, NC Division of Water Quality, Transportation Permitting Unit W
SUBJECT Request for Comments for NCDOT's Proposed Improvements to SR 1407 (Mill Creek Road) in
McDowell County, State Clearinghouse Project No 08-0248
In reply to your correspondence dated received February 14, 2008 in which you requested comments for the above
referenced projects, the NC Division of Water Quality offers the following comments
Project-Specific Comments
1 Review of the project reveals the presence of surface waters classified as C,Tr,High Quality Waters of the State in
the project study area This is one of the highest classifications for water quality Pursuant to 15A NCAC 2H 1006
and 15A NCAC 2B 0224, NC DOT will be required to obtain a State Stormwater Permit prior to construction
Given the potential for impacts to these resources during the project implementation, the DWQ shall require 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 In addition, all disturbances within trout
buffers shall be conducted in accordance with NC Division of Land Resources and NC Wildlife Resources
Commission requirements
2 NCDWQ feels that the stated purposes of the project, to reduce maintenance costs and to improve safety, are valid It
has been shown that paving dirt/gravel roads decreases sedimentation to adjacent surface waters In addition, the
referenced road has many sharp curves and switchbacks which can hinder line-of-sight distances and make it difficult
for larger vehicles and trucks to navigate
3 If any old bridges are removed, no discharge of budge material into surface waters is allowed unless -otherwise
authorized by the US ACOE Strict adherence to the Corps of Engineers guidelines for bridge demolition will be a
condition of the 401 Water Quality Certification
4 Whenever possible, the DWQ prefers spanning structures over surface waters Spanning structures usually do not
require work within the stream or grubbing of the stream banks 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
5 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
NorthCarohna
Transportation Permitting Unit Naturally
1650 Mail Seance Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] Internet htto //h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
6 If temporary access roads or detours are constructed, the site shall be graded to its preconstruchon 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
7 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
8 All work in or adjacent to stream waters shall be conducted in a dry work area unless otherwise approved by NC
DWQ 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
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 shall be inspected daily and
maintained to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic
materials
10 In most cases, the DWQ prefers the replacement of the existing structure at the same location with road closure If
road closure is not feasible, a temporary detour shall be designed and located to avoid wetland impacts, minimize the
need for clearing and to avoid destabilizing stream banks If the structure will be on a new alignment, the old
structure shall be removed and the approach fills removed from the 100-year floodplam Approach fills shall be
removed and restored to the natural ground elevation The area shall be stabilized with grass and planted with native
tree species Tall fescue shall not be used in riparian areas
11 Placement of culverts and other structures in waters, streams, and wetlands shall be 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 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
12 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 shall 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
13 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
Thank you for requesting our input at this time If you have any questions or require additional information, please
contact Brian Wrenn at 919-733-5715
cc David Baker, US Army Corps of Engineers, Asheville Field Office
Chris Milrtscher, Environmental Protection Agency
Marla Chambers, NC Wildlife Resources Commission
Marella Buncick, US Fish and Wildlife Service
Mike Parker, DWQ Asheville Regional Office
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