HomeMy WebLinkAbout20190170 Ver 1_EB-5707-scoping_20171106ROY COOPER
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MICHAEL S. REGAN
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Environmental LINDA CiILPEPPER
Quallty Inlcrrm Directr,r
November 6, 2017
MEMORANDUM
To
Fro m:
Bobby Croom, PE, Traffic Engineer, City of Go(dsboro
Rob Ridings, NC Division of Water Resources, Transportation Pemvtting Branch
SuUject: Scoping corrnnents on proposed Stoney Creek Greenway in W ayne County, TIP No. EB-5707
Reference your con�espondence received November 2, 2017 in which you requested conunents for the referenced
project. PreGminary analysis of the project reveals the potenYial for impacts to streams, i7parian buffers, and
jurisdictional wetlands in the project area. More specifically, in�acts to:
Stream Name �ver Basin & Stream Classifications Stream Index 303(cn Listing?
S ubbas in Number
Stoney Creek N�U OS C; NSW 27-62 No
Further investigations at a higher resolution should be undertalcen to verify the presence of other streams and/ar
jurisdictionaL wetlands in thc area. I�I the eventthat any j�irisdictional areas arc identificd, the Division of Water
Resources requests that the city considerthe following environiuental issues for the proposed project:
Project Specific Comments:
1. Stoney Creek is class C; NSW waters of the State. The NCDW R is very concenled with sediment and erosion
impacts thatconld result from this project. Tl�e NCDWR reconu7�ends thathighly protective sediment and
erosion control BMPs be itnpleil�ented to reduce the risk of nutrient runoff to Stoney Creek.
2. This project is within tl�e NeuseBasin. Riparian buffer in��acts shaLl be avoidedand mii7uiuzed to the greatest
e�tent possible pursuantio 15A NCAC 2B.0233. New development activities located ul the protected 50-foot
wide riparian areas within tl�e basin shall be linuted to "uses" identilied within and const�titcted in accordance
with 15A NCAC .02B .0295. Bufter uutigation may be required for buffer in�acts resulting fiom activities
classified as"allowable with mitigation" within thc"Tablc ofUses"scctionoftheBuffer Rules orrequn•c a
variance �inderthe Buffer Rules. A bufFer mitigation plan must be provided to the NCDWR prior to approval
of the Watcr Quality Ccrtification.
General Project Comments:
The enviro�vi�eiltal document ai�d pemvt applic�tion sl�ottldprovide a detailed �nd itemized presentatio�� of
thz proposed in�acts to wetlands and sh-eams with coirespondi»g ir�pping. If miti�ation is necessary as
required by 15A NCAC 2H.0506(h), it is preferablz to presenta conceptual(if notfinalized) mitigation plau
with the envu-onmeiltal documentation. Appropriate ilutigation plai�s will be requu-ed prior to issuance of �
401 WaterQuality Certification.
`''Ne�Thii�� C:nr���aare� _
State ofNorth Carolina I Enviromncntal Quality
1617 Mail Se�vice Center I Raleigh, North Carolina 27(i99-1617
2. Environmental impact statement altematives shall consider design criteria thatreduce the impacts to streams
and wetlands from stormwater runoff. These altematives shall include road designs that allow for treatment
ofthe storm water runoffthroughbest management practices as detailed in the most recent version of the
North Carolina Department of Transportation StormwaterBest ManagementPractices Tool box manual,
such as grassed swales, buffer areas, preformed scourholes, retention basins, etc.
3. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,
the applicant is respectfully reminded that they will need to demonstrate the avoidance and minimization of
impacts to wetlands (and streams) to the ma�mum e�ent practical. In accordance with the Environmental
Management Coimiussion's Rules (15A NCAC 2H.0506[h]), mitigation will berequired for irnpacts of
greater than 1 acre to wetlands. In the event that mitigation is required, the mitigation p lan shall be designed
to replace appropriate lost functions and values. North Carolina Division of Mitigation Services may be
available for assistancewith wetland mitigation.
4. In accordance with the Environmental Management Corrm�ission's Rules (15A NCAC 2H.0506[h]),
mitigation will be required for irnpacts of greater than 150 linear feet to any perennial stream In the event
that mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and
values. The North Carolina Division of Mitigation Services may be available for assistance with stream
mitigation.
5. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an
iternized listing ofthe proposedwetland and stream impacts with corresponding mapping.
6. The NCDWR is very concemed with sed'unent and erosion impacts that could result from this project. The
applicant 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.
7. 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 Resource Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004.
8. The applicant is respectfully reminded that all impacts, including but not limited to, bridging, fill, e�avation
and clearing, and rip rap 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 needto be included as part ofthe 401 WaterQuality Certification Application.
9. Where streams must be crossed, the NCDWR 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
countersunkto allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high
quality wetlands or streams are irnpacted, a bridge may prove preferable. When applicable, the applicant
shouldnot install the bridge bents in the creek, to the maximum e�ent practicable
10. Wheneverpossible, theNCDWR 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 shall allow for human and wildlife passagebeneaththe
structure.Fishpassageandnavigationbycanoeistsandboatersshallnotbeblocked. Bridge supports(bents)
should not be placed in the stream when possible.
11. Sediment and erosion control measures should not be placed in wetlands or strearrn.
12. Borrow/waste areas should avoid wetlands to the ma�m e�ent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate
compensatory mitigation.
13. The 401 Water Quality Certification application will need to specifically address theproposed methods for
stormwater management. More spec�cally, stormwater shall notbe pemutted to discharge directly into
streams or surfacewaters.
14. Based on the information presented 'm the document, the magnitude of impacts to wetlands and streams may
require a Nationwide Permit application to the Corps of Engineers and corresponding 401 Water Quality
Certification. Please be advisedthata401 WaterQuality Certification requires satisfactoryprotectionof
water quality to ensure that water quality standards are met and no wetland or stream uses are lost. Final
pemut authorization will require the submittal of a formal application by the applicant and written
concurrence from the NCDWR Please be aware that any approval will be contingent on appropriate
avoidance and minunization of wetland and stream irnpacts to the ma�m e�ent practical, the development
of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where
appropriate.
15. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and streamwater. 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.
16. 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 stab ilize 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, orother mechanized equipment and leaving the stumps and root
mat intact allows the area to re-vegetate naturally and minimizes soil disturbance.
17. Unless otheiwise authorized, placement ofculverts and otherstructures in waters and streams 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 ofwater and aquatic life. Design andplacement 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 downstream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested 'm writing by the NCDWR.
If this condition is unable to be met due to bedrock or otherlimiting features encountered during construction,
please contact the NCDW R for guidance on how to proceed and to determine whether or not a permit
modification will be required.
18. If multiple pipes or barrels are required, they shall be designed to nvmic natural stream cross section as
closely as possibleincluding pipes orbarrels at flood plain elevation, floodplain benches,and/orsills may be
required 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 sed'unent deposition that requires
increased maintenance and disrupts aquatic life passage.
19. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
under General 401 Certification Number 3883/Nationwide Pernut No. 6 for Survey Activities.
20. Sediment and erosion control measures sufficient to protect water resources must be irnplemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning andDesign Manual andthe most recent version ofNCS000250.
21. 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 the NCDOT Construction and Maintenance Activities manual such as
sandbags,rockberms, cofferdams and otherdiversion structures shallbe usedto prevente�avation in
flowing water.
22. While the useofNational Wetland Inventory(NWn maps, NC CoastalRegion Evaluation ofWetland
Significance (NC-CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require
thatqualified personnelperform onsitewetland delineations prior to permit approval.
23. 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 mto streams. This equipment shall be
mspected daily and maintained to prevent contarnination of surface waters from leaking fuels, lubricants,
hydraulic fluids, orothertoxic materials.
24. 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 shouldbeproperly designed,sized and installed.
25. Riparian vegetation(nativetreesandshrubs)shallbepreservedtothemaximum e�tentpossible. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion ofconstruction.
Thank you for requesting our input at this tixne. The applicant is reminded that is suance of a 401 W ater 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 orrequire additional inforn�ation, please contact
Rob Ridings at 919-707-8786.