HomeMy WebLinkAboutUS 221 Rutherfordton Bypass (3)O?O? W A T ?9pG
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MEMORANDUM
November 3, 2008
To Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental
Affairs
From Brian Wrenn, Division of Water Quality, Transportation Permitting Unit
Subject Comments on the Draft State Environmental Impact Statement related to proposed the
proposed Rutherford Bypass from Us 74 Bypass to SR 1366 in Rutherford County, State
Project No 8 1891001, WBS No 34400 1 1, TIP No R-223313, State Clearinghouse
Project No 09-0090
This office has reviewed the referenced document dated August 29, 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:
1 This project is being planned as part of the 404/NEPA Merger Process Asa participating team
member, the NCDWQ will continue to work with the team
In section 4 5 4, wetlands are the only jurisdictional resource that is discussed The stream impacts
anticipated with the proposed project should be included in this section as well In addition, stream
and wetland impacts should be itemized by crossing and presented in this section
3 After the selection of the preferred alternative and 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
General Comments:
1 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
2 Environmental impact statement 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
One
N Carolna
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone 919-733-17861 FAX 919-733-6893 / Internet http //h2o enr state nc us/ncvvetlands
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
3 In accordance with the Environmental Management Commission's Rules 115A NCAC 2H 0506(h) 1,
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 shall be designed to replace appropriate
lost functions and values The NC Ecosystem Enhancement Program may be available for use as
stream mitigation
4 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
5 DWQ is very concerned with sediment and erosion impacts that could result from this project NC
DOT 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
6 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 Division of Water Quality Policy on the
assessment of secondary and cumulative impacts dated April 10, 2004
7 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, in addition to any construction impacts, temporary
or otherwise, also need to be included as part of the 401 Water Quality Certification Application
8 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
9 Sediment and erosion control measures should not be placed in wetlands or streams
10 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
11 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
12 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 NCDOT and written concurrence from the NCDWQ Please be aware that any approval will
be contingent on appropriate avoidance and mmirmzation 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
13 Bridge supports (bents) should not be placed in the stream when possible
14 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
15 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 NC
DWQ Stormwater Best Management Practices
16 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
17 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
18 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 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
19 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
20 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
21 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
22 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
23 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 onsite wetland delineations prior to permit
approval
24 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
25 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 should be properly designed,
sized and installed
26 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 Should you have any
questions or require any additional information, please contact Brian Wrenn at 919-733-5715
cc David Baker, US Army Corps of Engineers, Asheville Field Office
Marla Chambers, NC Wildlife Resources Commission
Mike Parker, DWQ Asheville Regional Office
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