20191006_I-40/I-77 Interchange_20081008

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? Michael F Easley, Governor
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William G Ross Jr, Secretary
co r ui YkDq?FR North Carolina Department of Environment and Natural Resources
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'?C7Coleen H Sullins, Director
-Division of Water Quality
October 3, 2008
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MEMORANDUM
To Melba McGee, Environmental Coordinator
From Polly Lespinasse, Division of Water Quality, Mooresville Regional Office
Subject Comments on the Finding of No Significant Impact (FONSI) Related to the Proposed 1-
40/1-77 Interchange Area Improvements, Iredell County, Federal Aid Project No IMS-
40-2, State Project No 8 1823901, TIP 1-3819, DENR Project No 09-0065, Due Date
10/08/08
This office has reviewed the referenced document dated July 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
jurisdictional wetlands, streams, and other surface waters The DWQ offers the following comments based
on review of the aforementioned document
Specific Comments
A) Fourth Creek Is a Class C, 303(d) waters of the State Fourth Creek is on the 303(d) list for impaired
use for aquatic life due to turbidity, fecal coliform and biological impairment 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 Fourth Creek 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
B) A service road is proposed northeast of the 1-40/1-77 interchange Due to additional stream and
wetland impacts (both impacts associated with the initial road construction and other impacts which
may be incurred if the site is developed), the merger team members requested an evaluation of
potential alternatives The FONSI includes a short discussion, in Section15 0, of the potential
alternatives for road construction, along with NCDOT's preferred alternative DWQ does not believe
the FONSI includes sufficient information for DWQ to support the selection of NCDOT's preferred
alternative at this time
General Comments
C) The environmental document should continue to 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 - '
Mailing Address
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Phone [phone] Location
Fax [phone] East Center Avenue Suite 301
Mooresville, North Carolina
Nose Carolina
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Internet www n(wateruuahty of a Customer Service 1-877-623-6748
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Page Two
D) Environmental assessment alternatives should consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff These alternatives should include road designs that
allow for treatment of the storm water runoff through' best management practices as detailed imthe
most recent version of NCDWQ Stormwater Best Management Practices, such as grassed swales,
buffer areas, preformed scour holes, retention basins, etc
E) 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 should be designed to
replace appropriate lost functions and values The NC Ecosystem Enhancement Program may be
available for use as wetland mitigation
F) In accordance with the Environmental Management Commission's Rules {15A NCAC 2H 0506(h)},
mitigation 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 should be designed to replace appropriate
lost functions and values The NC Ecosystem Enhancement Program may be available for use as
stream mitigation
G) Future documentation, including the 401 Water Quality Certification Application, should continue to
include an itemized listing of the proposed wetland and stream impacts with corresponding mapping
H) DWQ is very concerned with sediment and erosion impacts that could result from this project
NCDOT should address these concerns by describing the potential impacts that may occur to the
aquatic environments and any mitigating factors that would reduce the impacts
1) An analysis of cumulative and secondary impacts anticipated as a result of this project is required
The type and detail of analysis should conform to the NC Division of Water Quality Policy on the
assessment of secondary and cumulative impacts dated April 10, 2004
J) NCDOT 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
K) 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 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, DOT should not install the bridge bents in the creek, to the maximum
extent practicable
L) Sediment and erosion control measures should not be placed in wetlands or streams
M) Borrow/waste areas should avoid wetlands td 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 = -'
Page Three
N) The 401 Water Quality Certification application will need to specifically address the proposed
methods for stormwater management More specifically, stormwater should not be permitted to
1 discharge'directly into streams or surface waters - ; { - , - ,
O) 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
P) Bridge supports (bents) should not be placed in the stream when possible
Q) 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 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
R) Bridge deck drains should not discharge directly into the stream Stormwater should 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
S) 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 should not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills
T) If temporary access roads or detours are constructed, the site shall be graded to its preconstruction
contours and elevations Disturbed areas should be seeded or mulched to stabilize the soil and
appropriate native woody species should be planted When using temporary structures the area
should 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
U) 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 -
main, tainedCif requested in writing by DW,Q , If this condition is unable, to be met,,due to bedrock or
other limiting features encountered during construction, please contact the DWQ for guidance, on
how to proceed and to determine whether or not a permit modification will be required
Page Four
V) If multiple pipes or barrels are required, they should 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
W) If foundation test borings are necessary, it should be noted in the document Geotechnical work is
approved under General 401 Certification Number 3494/Nationwide Permit No 6 for Survey
Activities
X) 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
Y) All work in or adjacent to stream waters should 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 should be used to prevent
excavation in flowing water
Z) 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 should be inspected daily and maintained to prevent contamination of surface waters
from leaking fuels, lubricants, hydraulic fluids, or other toxic materials
AA) Riprap should 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
BB) Riparian vegetation (native trees and shrubs) should 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 Should you have any
questions or require any additional information, please contact Polly Lespinasse at [phone]
cc Steve Lund, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
Sonia Gregory, DWQ Central Regional Office
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