HomeMy WebLinkAboutI-5986 SOS June 2018ROY COOPLiR
Gni�rruor'
MICHAEL S. REGAN
S'erretnrv
Environnlenlul L(NDA CULPEPPER
QUQ�Ily 6urrim Direclnr
June 25, 2018
MEMORANll U M
To: Bmaly Simone, Enviromnental Planner, Michael Baker In[ernational
From: Joanne S[eenhuis, NC Division of Water Kesow�ces, Wihning[on Regional Office v���
Subject: Scoping emnments on proposed improvements to 1-95 from Exif 56 in Cumberland county to Exit
SI in Johnson County, STIP t-5986.
Reference your correspondence dated June 7, 2018 in which you reques[ed wrrunen[s for the referenced project.
Preliminary analysis of Ihe project reveals the potenlial for multiple impacts [o streams and jurisdic[ional wetlands
in the projec[ area. More specifically, impacts to:
Stream Name River Basin Stream Classification(s) Stream lodex 303(d) Listing
Number
Reece Creek Ca e Fear C 18-28-2 N/A
Bakers Swam Ca e f�ear C I8-28-2-2 N/A
Black River Ca e Fear C; Sw 18-68-12-1 N/A
Ston Run Ca e Fear C;Sw IS-68-12-2-2 N/A
Min o Swam Ca e Fear C;Sw IS-68-12-2 N/A
Hannah Creek Neuse C;NSW 27-52-6 Yes *
Drivin Branch Neuse C;NSW 27-52-6-1 N/A
"For 303(d) - Not Turbidiry related iherefore Design Standards in Sensitive Watersheds (15A NCAC 048
0124) is not required, however to meet the reyuireme��ts of NCD07"s NPDCS permit NCS00025Q Ihe road design
plans should provide h'eatment of the stormwater runoff through best management practices as detailed 'ui [he ntost
recent version uf the North Carolina Department of Transportation Srormwater Best Management Practices
Toolbox manual.
Further invastigations at a higher resolution should be undertaken to veriFy the presence of other streams and/or
jurisdictional wetlands in the area. In the event that anyjurisdictional areas are identified, the Division of' Water
Resources requests tliat NCDOT consider the following enviromuental issues for [he proposed project:
Project Specific Cmnments:
Hannah Creek and Driving Branch are class C; NSW wafers of the Sta[e. The NCDWR is very concerned
with sediment and erosion impacts that could result from lhis project T'he NCDWR recommends dia[
liighly pro[ective sediment and erosion control BMPs be implemented ro reduce the risk of nutrient runoff to
these streams. Additionally, lo mee[ [he requirements of NCDOT's NPDCS pennit NCS0000250, Ihe
NCDW R reques[s tliat road design plans provide treatment of the stonn water runoff through best
management prac[ices as detailed in the most recent version of the Norrh Carolinn Depnrlmenl q(
Trnnspo�7ntion Smi�nnvn�er /3es� Mnnngen+e�i� P��nc�ices Toolbox manual.
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2. Hannah Creek is identified as class C;NS W; 303(d) waters of the State. Hannah Creek is on the 303(d) list for
impaired use for aquatic life due to dissolved oxygen. The NCD WR is very concerned with sediment and
erosion impacts that could result from this project. The NCDWR recommends that the most protective
sediment and erosion control BMPs be implemented in accordance with Design Standards rn Sensitrve
Watersheds (ISA NCAC 046 A124) to reduce [he risk of further impairment to Hannah Creek. Additionally,
to meet the requirements of NCDOT's NPDES permit NCS0000250, the NCDWR requests that road design
plans provide Reatment of the srorm water runoff through best management practices as detailed in the most
recent version of the North Carolina Department ofTransportation Stormwater Best Management Practices
Toolbox manual.
3. This project is within the Neuse River Basin. Ripazian buffer impacts shall be avoided and minimized to the
greatest extent possible pursuant to 15A NCAC 2B.0233. New development activities located in the
protected 50-foot wide riparian areas within the basin shall be limited to "uses" identified within and
consWcted in accordance with l5A NCAC .02B .0295. Buffer mi[iga[ion may be required for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section
of the Buffer Rules or require a variance under the Buffer Rules. A buffer mitigation plan, including use of
the North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of
the Water Quality Certification. Buffer mitigation may be required for buffer impacts resulting from
activities classified as "allowable with mitigation" within the "Table of Uses" section of the Buf%r Rules or
require a variance under the Buffer Rules. A buffer mitigation plan, coordinated with the North Carolina
Division of Mitigation Services, must be provided to the NCDWR prior to approval oFthe Water Quality
Certification.
General Project Comments:
4. 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 endvonmental
documentation. Appropriate mitigation plans will be requ'ved prior to issuance of a 401 Water Quality
Cer[ification.
5. Environmental impact sta[ement altematives shall consider design criteria that reduce the impacts ro sueams
and wetlands &om storm wa[er runof£ These altematives 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 the
North Carolina Department ofTransportation Stormwater Best Management Practices Tool box manual,
such as gassed swales, buffer areas, preformed scour holes, retention basins, etc.
6. After the selection of the preferzed alternative and prior to an issuance of the 401 Wa[er 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 prac[icaL In accordance with the Environmental
Management Commission's Rules (ISA NCAC 2H.0506[h]), mitigation will be required for impacts of
greater than 1 acre to wetlands. I� the event that mitigation is required, the mitigation plan shall be designed
to replace appropriate lost functions and values. North Carolina Division of Mitigation Services may be
available for assistance with wetland mitigation.
7. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]),
mitigation will be required for impacts of greater than 1501inear 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.
8. Future documentation, including the 401 Water Quality Certifica[ion Application, shall continue to include an
itemized listing of the proposed weUand and stream impacts wi[h corresponding mapping.
9. The NCDWR is very concerned with sediment and erosion impacts that could result &om this project. The
NCDOT 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.
l0. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type
and detail of analysis shall conform ro the NC Division of Water Resource Policy on the assessment of
secondary and cumulative impacts dated April lQ 2004.
l 1. The NCDOT is respectfully reminded [hat all impac[s, including bu[ not limited to, bridging, fill, excavation
and clearing, and rip rap to jwisdictional wetlands, streams, and riparian buffers need to be included in the
final impact calculations. These impacts, in addition to ac�y construction impacts, temporary or otherwise,
also need to be included as part ofthe 401 Water Quality Certification Application.
l2. 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 wlverts should be
countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high
quality wetlands or streams are impac[ed, a bridge may prove preferable. When applicable, the NCDOT
should not install the bridge bents in the creek, to the maximum extent practicable.
13. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require
work within the sheam or grubbing of the sheambanks and do not require stream channel realignment. The
horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the
structure. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents)
should not be placed in the stream when possible.
l4. Bridge deck drains shall not discharge d'vectly into the sheam. Stormwater shall be directed across the bridge
and pre-treated tltrough site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etc.)
before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS0000250, please refer
to the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures.
15. Sediment and erosion conhol measures should not be placed in wetlands or s[reams.
16. Borrow/waste areas should avoid wetlands to the ma�cimum extent practicaL Impacts to wetlands in
borrow/waste azeas will need to be presented in the 401 Water Quality Certification and could precipitate
compensatory mitigation.
l7. 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 dischazge directly into
streams or surface waters.
18. The DWR cannot comment on permit requirements with the limited information provided. Detailed field
delineation is required to dete�rr�ine the presence or absence of jurisdictional resources within the project
limits. In addition, NCDOT must provide an estimate to any resources located within the construction limits
of the project area before we can specifically comment on NCDWR permit eligibility. 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 slream uses are lost. Final permit authorization will require [he submittal
of a formal application by the NCDOT and written concurrence from the NCDWR. Please be aware that any
approval will be contingent on appropriate avoidance and minimization of wetland and stream impacts to the
ma�cimum extent practical, the development of an acceptable stormwater management plan, and the inclusion
of appropriate mitigation plans where appropriate.
19. If concre[e is used during consriuction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertentty contacts uncured concrete shall not be discharged
[o surface waters due ro the potential for elevated pH and possible aquatic life and fish kills.
20. If temporary access roads or detours are conshvcted, the site shall be graded to its preconstruction contours
a�d 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 azea shall be deared b�t not grubbed. Cleazing
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.
2 L Unless otherwise authorized, placement of culverts and other shvctures in waters and streams shall be placed
below the elevation of the sheambed by one foot for all culverts with a diameter grea[er 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 placemen[ 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 upsheam and downstream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR.
If this condition is unable to be met due to bedrock or other limiting features encountered during construc[ion,
please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit
modification will be required.
22. 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, tloodplain benches, and/or sills may be
requ'ved 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 deposi[ion that requires
increased maintenance and disrupts aquatic life passage.
23. If foundation test borings aze necessary; it shall be noted in the document. Geotechnical work is approved
under Genera1401 Certification Number 41323/Nationwide Permit No. 6 for Survey Activities.
24. 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 Desig� Manual and the most recent version of NCS000250.
25. All work in or adjacent to sheam waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of the NCDOT Construction and Maintenance Activities mauual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.
26. While the use of National Wetland Inventory (N WI) maps, NC Coastal Region Evaluation of Wetland
Significance (NGCREWS) maps and soil survey maps are useful tools, their uilterent inaccuracies require
that qualified personnel perform onsite wetland delineations prior to permit approval.
27. 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 sheams. This equipment shall be
inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials.
28. Riprap shall not be placed in the active thalweg channel or placed in the sheambed in a manner that precludes
aquatic liFe passage. Bioengineering boulders or shvctures should be properly designed, sized and installed.
29. 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.
Thank you for requesting our input at this time. The NCDOT 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
Joanne Steenhuis at (9l0) 796-7306 orjoannesteenhuis@ncdenr.gov.
Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Field Office
Jim Rerko, NC DOT Division 6 DEO
Rob Ridings, NC DWR TPB Raleigh
Kristi Lynn Cazpenter, NCDWR
File Copy