NCDWR_Scoping_Comments_U5892.pdf

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MEMORANDUM
To
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July 30, 2018
Jeunifer Evans, Project Development Engineer, NCDOT Division 7
April Norton, Environmental Sei�ior Specialist, NCDWR Transportation Permitting Brailcl�
Subject: Scoping comments for the proposed widening of Battleground Avei�uc (US 220) fronl approximately 025
milc,s north of Wesh�id�e Road to the eastbound I-840 rainps in Greensboro, Guilford County; STIP Project
Numbcr U-5892.
A req�iest for comments was dated and received July 11, 2018 for the subject project. Preliminary analysis of the
project reveals the potcntial for impacts to streams in tL�e project area. More specifically, impacts to:
Table L Potential stream impacts within the project stlidy area.
Stream Name River Basin / Sub Stream
Basin Classifications
Horsepen Cape Fear / WS-lll; NSW, CA
Creek CPF02
StreaTn lndex Number
16-11-5-(2)
303(d) Listing?
Yes
Fw-ther investigations at a higher resolution should be tmdertaken to verify the presence of additional streams and/or
jurisdictional wetlands in the area. If anyjurisdictional areas are identified, the Division of Water Resources
requests that the following e��vironmental issues for the proposed project are consiclered:
Project Specific Comments:
1. Horsepen Creek is classified as water supply tlu•ee (WS-lIl); nutrient sensitive waters (NSW); 303(d) waters of
the state. Horsepen Greek is not listed on the 303(d)-impairment profile due to turbidity; however, NCDWR is
concerned with sediment and erosion impacts tl�at could result from this project The NCDWR recommends
protective sediment and erosion control BMPs Ue implemented to reduce further degradation to Horsepen Creek.
Additionally, to meet the requirements of NCDOT's NPDES permit NCS0000250, NCDWR requests that road
design plans provide treanment of the storm water nmoff through best management practices as detailed ii1 the
most recent version of NCDWR Storrrawater Best Manngerner�t Practices.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 2 7 699-161 7
919.707.9000

2. Review of the project reveals the presence of surface waters classified as Water Supply Critical Area in the
project study area. Given the potential for iinpacts to these resources durinb the project implemeutation, the
NCDWR requests tl�at NCDOT strictly adhere to North Caroliila regulations entitled Design Standards in
SensitivE Watersheds (15A NCAC 04B .0124) througl�out design ai�d construction of the project. This would
apply for any area tl�at drains to sn-eains having WS CA (Water Supply Critical Area) classifications.
This project is wifllin tl�1e Jordan River Buffer Basin. Riparian buffer iinpacts shall be avoided and miilimized
to the greatest extent possible pursuant to 15A NCAC 2B .0267. New developinent activities located in the
protected 50-foot wide riparian areas within the basin shall be limited to "uses" identified within and constnicted
in accordance with 15A NCAC .02B .0295. Buffer il7itigation may be required for buffec iiY7pacts restilting
fi-om activities classitie�d as "allowable with mitigation" within the "Table of Uses" sectiou of the Buffer Rules
or require a variance lmder tl�e Buffer Rtiles. A buffer miti�ation plan, iilcluding use of the North Carolina
Division of Mitigation Services, must be provided to tl�e NCDWR prior to approval of the Water Quality
Certit7cation. Buffer i7�itigation may be required for buffer impacts resulting fi-om activities classified as
"allowable with mirigation" within tl�e "Table of Uses" secrion of the BtiifFer Rules or require a variance und�r
tl�e Buffer Rules. A buffer mitigarion �lan, coordinated with the Nortl� Caroliila Division of Mitigation Services,
iuust be provided to the NCDWR prior to a�proval of the Water Quality Cerrification.
General Project Comments:
The environmental document sholild provide a detailed �nd itemized presentation of the proposed impacts to
wetlands and streams with corresponding mapping. lf mitigation is necessary as required by 15A NCAC
2H.0506(h), it is preferable to present a conceptual (if not finalized) n7itigation plan with the environmental
doc�mleiltation. Appropriate nutigation plans will be reqLtired prior to issuance of a 401 Water Quality
Certification.
Environmental impact statement alternatives shall consider dEsign criteria tl�at reduce the impacts to streams
and wetlands from stornl water r�moff. These alternatives shall include road desib s th�t �llow for tream�ent of
the storm water r�mofF throLigh best tnanagement practices as d�t�iled in the inost recent version of the No�th
Cc�r•olinc� Department o�� Ti•anspor�tation Sto�•Ni��ater Best Mariagerrient Pf•actices Tool box manual, such as
�rassed swales, buffer areas, preformed scour holes, retention Uasins, etc.
After the selection of the preferred alternative and prior to an issliailce of the 401 Water Quality Certification,
the NCDOT is respectfully reminded that they will need to d�monstrate the avoidance and minimization of
impacts to wetlands (and streams) to the maxim�im extent practicaL ln accordance with the Environmental
Management Conunission's Rliles (15A NCAC 2H.0506[h]), initibation will be required for impacts of greater
than 1 acre to wetlands. If mitigation is reqttired, the mitigation plan shall be designed to replace appropriate
lost fimctions and values. North Carolina Division of Mitigation Services may be available for assistance with
wetland mitigation.
In accordance with the Environmental Management Commission's Rules (1 SA NCAC 2H.0506[h]), mitigation
will be required for impacts of greater than 150 linear feet to any perennial sn-eam. If mitigation is required,
the nutigation plan shall be designed to replace appropriate lost functions and value�s. The North Carolina
Division of Mitigation Services may be available for assistance with stream initigaYion.
F�iture documentation, including the 401 Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and sYreau7 impacts wifll coi�responding ma�ping.
The NCDWR is very concerned with sediment and erosion impacts that could result from ttiis 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.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

7. An analysis of cumulative and seconda�y impacts anticipated as a restilt of this project is required. The type
and detail of analysis shall confonn to tl�e� NC Division of Water Resource Policy on the assessme�nt of
secondary and cumularive inlpacts dated April I 0, 2004.
8. The NCDOT is respectfully reininded fl�at all impacts, including but not limited to, bridging, fill, exc�avation
and clearing, and rip rap to juiisdictional wetlands, streams, and ri��arian buffers need to be included in the final
impact calculations. These in�pacts, in addition to any construcrion impacts, teivporary or otherwise, also need
to be included as part of the 401 Water Qualiry Certification Application.
9. Where streams must be crossed, tl�e 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
countersunk to allow uuimpeded passage by 6sh and other aquatic organisms. Moreover, in areas where high
quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, the NCDOT should
not install the bridge bents in the creek, to tl�e i�7aximum extent pr�cticable.
10. Whenever possiUle, the NCDWR prefers spanning structures. Spanning structures usually do not require work
within the stream or grubbing of the streamUanks and do not require strEam channel reali�nment. Tl�e horizontal
and vertical clearances }n-ovided by Uridges shall allow for human and wildlife passage beneath the sh-ucture.
Fish ��assage and navigation by canoeists and boaters shall not be blocked. BridgE supports (bents) should not
be placed in tl�e stream when possible.
ll. Bridge deck drains shall not discharge directly into fl�e stream. Storinwater shall be directed across the bridge
and pre-treated through site-appropriate u�eai�s (grassed swales, pre-formed scoiu• holes, vegetated bliffers, etc.)
Uefore entering the stream. To meet the requirements of NCDOT's NPDLS permit NCS0000250, please refer
to tlie most recent version of the NoF•th C�o-olina Depar•t�nent of�Tr•cnzsportatiori Storrrnvater• Best Mar��age�nent
Practices Toolbox manual for approved measures.
12. Sediment and Erosion conh•ol �neasLires should not be placed in wetlands or streains.
13. Borrow/waste areas shoL�ld avoid wetlands to the maximum extent practical. Imp�cts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate
coi7lpensatory mitigation.
14. 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 s�uface waters.
15. Based on the informatior� presented in the document, d�e ir�agnitude of impacts to wetlands and streams nlay
require an applicatioii to the Corps of Engineers and corresponding 401 Water Quality Certification. Please be
advised tl�at a 401 Water Quality Certification requires satisfactory protection of water quality to eilsure that
water quality standards are met and no wetland or stream uses are lost. Final permit authoriaation will require
the submittal of a formal application by the NCDOT and written concturence froin the NCDWR. Please be
aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream
impacts to the inaxiintiim extent practical, the development of an acceptable stormwater manageinent plan, and
the inclusion of appropriate mitigation plans where appropriate.
16. If concrete is used diu-ing conshuction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts �mcured concrete shall not be discharged
to surface waters due to the potential fior elevated pH and possible ac�uatic life and fish 1<ills.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

17. If teir�porary access roads or detours are constnicted, the site shall be graded to its preconst�liction contow-s and
elevations. Disturbed areas shall be seeded ar mulched to stabilize the soil and appropriate native woody species
shall be planted. Wl�en using teinporary structtues the area shall be cleared but not grubbed. Clearing tl�e area
with chaii� saws, n�owers, busl�-hogs, or other inechanized equipment and leaving the stumps and root n�at intact
allows the area to re-vegetate naturally and �ninimizes soil disturbance.
18. Unless otherwise autl�orized, placement of culverts and other structures in watErs and strean�s shall be placed
below tl�e elevation of tl�e streambed by one foot for all culverts witl� a diameter greater tl�ai148 inches, and 20
percent of tl�e culvert diameter for culvei-ts }laving a dianleter less than 48 inches, to allow low flow passage of
water and aquatic life. Design and placement of culverts and otl�er struct�ires including temporary erosion
co»trol �1leasures shall not be conducted in a manner that n�ay result in dis-equilibrium of wetlands or
streambeds or Uanks, adjacent to or upstream and downstream of the above struchires. The applicant is required
to provide evidence that the equilibrium is being u�aintained if requested in writing by the NCDWR. If this
co»dition is Linable to be met due to bedrock or otller linliting features encountered during consh-uction, please
contact the NCDWR for guidance on how to proceed and to detern�ine whether or not a permit modification
will Ue required.
19. If inultiple pipes or ban-els are reqLiired, they shall bE designed to mimic natural strEam cross section as closely
as possible including pi�es or barrels at flood plain elevation, floodplain b�nchEs, and/or sills may be required
wl�ere appropriate. Widening the stream channel should Ue avoided. Stream channel widening at the inlet or
outlet end of structures typically deceeases water velocity causing sediment deposition that requires increased
maintenance and disnipts aquatic life pass�ge.
20. If foundation test boeings are necessary; it sl�all be iloted in the doc�iment. Geotechnical worlc is approved under
Genera1401 Certification NumUer 3883/Nationwide Permit No. 6 for Stu-vey Activities.
2l. Sediment and erosion control measures sufficient to protect water resources �nust be implemented and
maintained in �ccordance with the most recent version of North Carolina Sediment and Erosion Control
Planning �nd Design Manual and the inost recent version of NCS000250.
22. Al l work in or adjacent to sri�eam waters shall be conducted in a dry work are�. Approved BMP me�sures from
the most cturent version of the NCDOT Construction and M�intenance Activities manual s�tch as sandbags,
rock berms, cofferdams and other cliversion structures shall be used to prevent excavation in flowing water.
23. While the use of National Wetland lnventory (NW1) maps, NC Coastal Region Evalliation of Wetland
SigniFcance (NC-CREWS) maps and soil survey inaps are usef�il tools, their inherent inaccuracies require that
qualified personnel perform onsite wetland delineations prior to permit approval.
24. Heavy equipment should be operated fi-om tl�e banlc ratl�er than in sh-eam chai�nels in order to �1�inimize
sedimentation and reduce the likelihood of introducing other pollutants into sh-eams. This equipment shall be
inspected daily ai�d nlaintaii�ed to prevent contamination of sLirface waters fi-om leaking fuels, lubricants,
hydraulic fluids, or other toxic inaterials.
25. Ril�rap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering bo�ilders or struct«res should be properly designed, sized and installed.
26. Riparian vegetation (native trees and sllrubs) shall be preservecl to tl�e maximum extent possible. Riparian
vegetation must be reestablisl�ed within the construction limits of the proj ect by the end of the growing season
followii�g completion of constTliction.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

Thank you for requesting our input. The issuance of a 401 Water Quality Certification requires tl�at appropriate
measures be instituted to ensm-e that water quality standards are met and designated uses are not degraded or lost. If
you have any quesrions ar requirE addirional iilformation, please contact April Norton at �ril.norton�ncdenr.gov.
Sincerely,
DocuSigned by:
�4p.L,,:C nr��,�.
036AC6376A6340D...
Electronic copy only distrib��tion:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
File Copy
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

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NCDWR Project No.: Comrty:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all wa-1< approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsec�uent
modifications, tl�e applicant is required to rettirn this certificate to tl�e 401 Transportation Permitting Unit, North Carolina Division
of Water Resow�ces, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send cerrificates from all of these.
App7icmrt's Certiftcation
I, , l�ereby state that, to the best of my abilities, due care and diligence was used in
the observation of tlie construction such that Yhe construction was observed to be built within substanYial compliai�ce and intent of
the 401 Water Qtitality Certification and Buffer Rules, tl�e approved plans aud specifications, aud otl�er supporting materials.
Signahirc: Date:
Age�rt'.s Certificrrtio�7
I, , hereby statc tbat, to the best of iny abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Cerrification and Buffer• Rules, tl�e approved plans and specifications, and otl�er supporting nlaterials.
Signature: Date:
Engi�zeer's Certificatiora
Partial Final
I, , as a d�ily re�istered ProYessional Enginecr in the State of North Carolina,
having been authorized to observe (periodically, weel<ly, full time) the construction of the project for the Permittee hereby state
that, to ihe best of my abilities, due care ai�d diligence was used in the observation of the consn-uction such that the construciion
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specific�tions, and other slippo�tii�g materials.
Si�nature
Datc
Registration No.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000