20190397_FONSI Comments_20180829

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August 29, 2018
MEMORANDUM
To: Lyn Flardison, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
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Froim: Dave Wanucl�a, Division of Watec Resources, Winston Salem Regional Offi e��W 8/z9/z018
Subject: Comments on tl�e Finding of No Significant Impact related to proposed NC 105 (SR 1136)
Improvements from Clark's Creel< Road (SR 1] 07) to NC 105 Bypass in Boone, NC. Watauga
County. State Project 37512.1.5. NHPP-Ol 50(004).
This office has reviewed tl�e referenced docu�nent dated June 29, 2018. The NC Division of Water Resources
(NCDWR) is responsible for the issuance of the Section 401 Water Quality Certitication for activities tl�at in�pact
Waters of the U.S., iucluding wetlands. it is our understanding that the project as presented will result �in in�pacts to
jl�risdictional wetlands, streams, and otl�er surface waters. The NCDWR offers the following comments based on
review of tl�e aforeulentioned docun�ent:
Project Specific Comments:
1. This project is beiug planned as part of the 404/NEPA Merger Process. As a participating team �nember, the
NCDWR will continue to work with the team.
2. To meet the reqLiireme»ts of NCDOT"s NPDES permit NCS000250, the i-oad design plans shall provide
h-eannent of the stormwater ninoff through BMPs as detailed in tl�e most recent version of tl�e North Cnroli�na
Department o f�Trai�s�ortation Stormwcrter• Best Management Pr•actices Toolbox manual.
3. Laurel Forlc and the Watauga River are Trout waters of the State. The NCDWR recoimnends that the most
protective sediment and erosion control BMPs be impleinented to reduce the risk of turbidity violations in
trot�t waters. ln addition, all distl�•bances within trout buffers should be conducted in accordance with NC
Division of Land Resources and NC Wildlife Resources Coinmission requirements. Post-construction
stormwater BMPs should be selected and designed to reduce TSS and avoid a sustained increase in the
receiving water temperature.
4. Tl�e Watauga River is classitie�d High Quality Waters (HQW) of the State in the project study area. This is
one of the highest classitications for water quality. The NCDWR is extremely concen�ed with any impacts
tl�at may occ�u to streams witl� this classification. Impacts sl�ould be miniivized to the greatest extent
possible. Given tl�e potential for impacts to tl�ese re�so�uces during the �roject implementarion, the NCDWR
requests that the NCDOT strictly adhere to North Carolina regulations entitled "Design Standards in Sensitive
Watersheds" (15A NCAC 04B .0124) tluougho�it design and constrtiction of the project.
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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

General Comments:
5. The environmental document sl�ould provide a detailed and itemized presenYation of the proposed inrpacts to
wetlands and streams witl� coi�•esponding ina�pping. If n�itigarion is necessary as required by 15A NCAC
2H.0506(h), it is �referable to present a conceptual (if not fiilalized) mitiga�tion plan with the environmental
documentarion. Appropriate mirigation plans will be required prior to issuance of a 40 t Water Quality
Certification.
6. After the sElecrion of the prefei7ad alterr►ative and prior to an issuance of the 401 Water Quality Certification,
the NCDOT is respectfiilly reil�i��ded that they will need to demoustrate the avo�idance and minimization of
ii�pacts to wetlands (and streams) to the maxi�nun� extent practical. In accordance with the Environ�nental
Manageu�ent Commission°s Rules (15A NCAC 2H.0506[h]), �nitigation will be required for i�npacts of
greater tl�an oi�e acre to wetlands and 300 linear feet to any single stream. It1 tl�e event that mitigatio» is
required, the mitigation plan sl�all be designed to replace appropriate lost fin�etions and values. The North
Carolina Division of Mitigation Services may Ue available to assist with wetland mitigation.
7. Future doctullentation, including the 401 Water Quality Certification Applicatio��, shall continue to include an
iteinized listing of thE proposed wetland and streain impacts with con-esponding �napping.
8. The NCDWR is very concerned with sediment and erosion in�pacts that cottld result from this project Tl�e
NCDOT shall address these concerns by describing tl�e. potential iinpacts that may occur to tl�e aquatic
environments and any mitigating factors that would reduce the in�pacts.
9. An analysis of cunllilative and secondary impacts anticipated as a result of this project is required. The type
and detail of analysis shall co»form to the NC Division of Water Resources Policy on the assessment of
secondary ai�d cumulative impacts dated April 10, 2004.
10. The NCDOT is respectfully remii�ded that all impacts, ii�cluding but not limited to, bridging, fill, excav�tion
and clEariilg, and rip rap to jtuisdictional wetlands, streams, and riparian bufFErs nEed to be includEd ii1 the
final i�npact calculations. These iinpacts, in addition to any constiuction impacts, temporary or otl�erwise,
also need to be inchided as part of the 401 Water Quality Certification Applicatiou.
11. W11ere 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
co�mters�uik to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high
qu�lity wetlands or sireams are impacted, a bridge may prove preferable. Wlien �pplicaUle, the NCDOT
should not install the bridge bents in the creek, to the maYim�u�1 extent practicable.
12. Whenever possible, the NCDWR prefers spanning sri-uchires. Spanning struchires usually do not require
work within the sri-eain or grubbing of the streambanl<s and do not require sh-eam channel realignment. The
horizontal and vertical clearances provided by bridges shall allow for hLiman and wildlife passabe beneath the
sh-ucture. Fish passage and n�vigation by canoeists and boaters shall not be blocked. Bridge supports (bents)
should not be �laced in the streain when possible.
13. Briclge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (�rassed swales, pre-formed scour holes, vegetated
buffers, etc.) befare entering the streain.
14. Sedinlent and erosion control measures should not be placed in wetlands or streams.
15. Borrow/waste areas should avoid wetla��ds to the maximum extent practicaL Impacts to wetlands ii1
barrow/waste areas will need to be }�resented ii1 the 401 Water QLialiry Certification and could precipitate
compensatory mitigatioi�.
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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

16. The 40l Water Qualiry Certification applic�tiou will need to specifically address tl�e pi-oposed metl�ods for
stonnwater manageinei�t More specifically, stormwater shall not be permitted to discharge directly into
sh•eams or surface waters.
17. Based on tl�e infori�narion presented in the docutnent, the magnitude of ii�npacts to wetlands and streams may
require an Individual Permit (IP) application to the Coips of Engineers and con•espoilding 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 inet and no wetland or sh•eam uses are lost. Final
pennit authorization will require tl�e submittal of a forn�al applicatiotl by tl�e NCDOT and written concurrence
fi-om t11e NCDWR. Please be aware that ai�y approval will Ue continbent on appropriate avoidance and
minimization of wetland and stream impacts to the maximum extent practical, the development of an
acceptable stonnwater inanagenle»t plau, and the inclusion of appropriate mitigation plans wl�ere appropriate.
18. If concrete is used during construction, a diy work area shall be maintained to prevent direct contact Uetween
curing concrete and stream water. Water that inadvertently contacts unctu�ed concrete shall not be discliarged
to sw-face waters due to the potential for elevated pH and possible aquatic life and fish kills. Concrete sliall
be handled in accordance with the NPDES Consh-uction General Permit NCGO10000.
19. If temporary access roads or dEtours are constructed, tl�e site shall be graded to its preconstniction contours
and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody
species shall be planted. Whei7 using temporary strlictures, the area shall be cleared but not grubbed.
Clearii�g the area with chain saws, mowers, btish-hogs, or other mechanized equipment and leaving the
sttunps ai7d root mat intact allows tl�e area to re-vegetate nattu-ally and minin�izes soil disttu•bance.
20. Unless otherwise authorized, placement of culverts and other struchires in waters and streams shall be placed
below the elevation of the streambc;d by one� foot for all c�ilverts with a di�meter � eater than 48 inches, and
20 percent of the culvcrt diameter for culverts having � diameter less than 48 inches, to allow low flow
p�sslge of water and aquatic life. Design and pl�cement of culverts and other sn-�ictur�s incll�din� temporary
erosion control measl�res shall not be conducted in a in�nner tl�at inay resnit in dis-equilibri�nn of wetlands or
sri-eambeds or banlcs, adjacent to or u�stream and dovv��streain of the above sn-uctures. The applicant is
required to provide evidence that the equilibri�ull is being maintained ifrequested in writing by the NCDWR.
If this condition is unable to be met dtie to bedrock or other limitulg features encountered during construction,
please contact the NCDWR for gtiidance on how to proceed and to deternune whether or not a pennit
modificatic�n will be required.
21. If n7ultiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as �ossible including pipes or barrels at flood plain elevation, floodplain benches, and/or sills n�ay be
required where appropriate. Widening the sn-eam channel should be avoided. Stream channel widening at the
inlet or outlet end of struch�res typically decreases water velocity causing sediment deposition that rec�uires
increased maintenance and disrupts aquatic life passage.
22. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
�mder Genera1401 Certiflcation Number 3883/Nationwide Perinit No. 6 far Survey Activities.
23. Sediment and erosion control measures sufficient to protect water resources inust 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.
24. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
fi-om the most cm-rent version of the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion struchu-es shall be used to prevent excavation in
flowing water.
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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

25. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize
sedi�nentarion and reduce the likelihood of ii�hoducing other pollutants into sh-eams. This equipment shall be
inspected daily and maiiltained to prevent contatninatio�� of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials.
26. Riprap shall not be placed in tl�e active thalweg cl�annel ar placEd in the streainbed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
27. Riparian vegetatio�� (uative trees and siuubs) shall be preserved to the n�aximLim extent possible. Riparian
vegetation must be reestablished within the coilstniction 1ii77its of the project by the end of the growing season
following completion of construction.
The NCDWR appreciates the opporhmity to provide comments on yoLir project. Should you have airy questions or
require any additional information, please contact Dave Wanucha at [phone] or Dave.Wanucha�uncdenr.gov.
Elech-onic copy only dish�ibution:
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 2 7 699-161 7
919.707.9000