19-0071 FONSI Comments U-5767.U-5771 10.22.2018

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October 22, 2018
MEMORANDUM
To: Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs
From: Donna Hood, Division of Water Resources, Transportation Permitting, Mooresville Regional
Office
Subject: Comments on tl�e Finding of No Significant Impact related to proposed Highway 21 widening
fi-om Gilead Road to Holly Point Drive and Northcross Center Court to Westinoreland Road,
Mecklenburg Cotmty, STIP U-5767 and U-5771, State Clearinghouse Project No. 19-0071.
This office has reviewed the referenced document dated September 24, 2018. The NC Division of Water Resources
(NCDWR) is respousible for the issuance of the Section 401 Water Quality Certification for activities that iinpact
Waters of the U.S., including wetlands. It is our understanding that the project as presented will resLilt in impacts to
jurisdictional wetlands, streams, and other slirface waters. The NCDWR offers the followii7g conunents based on
review of flie aforementioned document:
Project Spe�cific Comments:
To meet the requirements of NCDOT's NPD�S permit NCS000250, the road design plans shall pi-ovide
treannent of the stori��water runoff through BMPs as detailed in the most recent version of the North Caroli�na
Deparzrnent of'Trai�sportation Sto�°m�N;ater- Best Ma�i�agement Pr-acCices Toolbox manual. The BMPs should,
to t1�e MEP, be selected and designed to reduce impacts of the target pollutants of concern (POGs) for fl1e
receiving waters.
2. A review of coal asl� structural fill sites should be reviewed to determine the presence of known sites within
the projects study area. Any coal ash dist�ubed, from known or unlcnown sites, with be req�iired to be
properly disposed of, retain documentation of the proper disposal, and notify DWR Mooresville Regional
Oftice as soon as it is encountered.
General Comments:
3. The enviromnental docuinent should provide a detailed and itemized presentation of the proposed impacts to
wctlands and sh•eams witl� coi7cspondiil� map�ing. If mitigation is nccessary as required by 15A NCAC
2H.0506(h), it is prefcrablc to present a conceptual (if not finalizcd) mitigation plan with the environmcntal
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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

docu�llentation. Appropt-iate mitigation plans will be required prior to issuance of a 401 Water Quality
Certification.
Enviromnental inlpact statement alternatives shall consider design criteria that reduce the iu�pacts to sh•eams
and wetlai�ds fi-on� storm water runoff. To meet the requirements of NCDOT's NPDES permit NCS000250,
tl�ese alternatives should include road designs tl�at allow for h•eamient of the storm water runoff tlu•ough best
management practices as detailed in the most recent version of the North Cczr�oliraa De��c�rtrraerat of �
Trar�s��a�tcrtior� StoT�»au�nter Best Management Pi•actrces Toolbax �nanual, which includes BMPs such as
grassed swales, buffer areas, preformed scour l�oles, retentio�� basins, etc.
After tl�e selection of the preferred alternative and prior to an issllance of the 401 Water Quality Certification,
tl�e NCDOT is respectfully remiuded that tl�ey will need to demonstrate tl�e avoidance and ininimization of
impacts to wetlands (and streams) to the maximum extent pr�ctical. In accordance with the Environmental
Management Commission's Rules (15A NCAC 2H.0506[hJ), n�itigation will be required for impacts of
greater than 1 acre to wetlands. In the event that mitigation is required, the mitigation l��lan shall be designed
to replace appropt-iate lost functions and values. The Nortll Carolina Division of Mitigation Services �nay be
available to assist with wetland mitigation.
5. ]n accordance witl� the EnviromnentaL Management Commission's Rules (15A NCAC 2H.0506[h]),
mitigation wi'll be required for impacts of greater than 150 linear feet to auy singl� stream. In t11e event that
mitigation is required, tl�e mitigation plan sl�all be designed to replace appropriate lost fonctions and values.
The North Carolina Division of Mitigation Se�vices �nay be available to assist with stream initigation.
6. Fnture doc�ul7entation, ulcluding dle 401 Water Quality Certification Application, shall continue to include an
iteinized lisring of the proposed wetland and stream i�npacts with corresponding mappi»g.
7. The NCDWR is very concerned with sediment and erosion impacts that could result ti-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.
8. An analysis of cumulative and secondary iinpacts anticipated as a result of this project is required. The type
and detail of analysis shall conform to the NC Division of Water Resources Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004.
9. The NCDOT is respectfiilly reminded that all impacts, inclucling btit not limited to, bridging, fill, excavation
and clearing, and rip rap to j�u•isdictional wetlands, sheams, and riparian buffers need to be incltided in the
final impact calculatioiis. These iinpacts, in addition to �ny consmzctioil impacts, temporary or otherwise,
also need to be included �s part of the 401 Water Quality Certitication Application.
10. Where strea�ns imist be crossed, the NCDWR prefers bi-idges be L►sed in lieli of cLilverts. Nowever, we� realize
that economic considerations often require the Lise of culverts. Please be advised that cLilverts should be
counterstii�lc to allow unimpecled passage by fish and other aquaric organisins. Moreover, in areas where high
quality wetlands or sh�eains are impacted, a bridge may prove preferable. When applicable, the NCDOT
sho�ild not install the bridge bents in the creelc, to the maxim�un extent practicable.
11. Bridge deck c{rains shall not discharge clircctly into the stream. Starmwatcr shall bc directcd across thc bridge
and pre-trcated tln•ough sitc-appropriatc incans (grasscd swales, prc-formed scour holcs, vcgetatcd buffcrs,
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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

etc.) beCore entering the stream. To meet the requirements of NCDOT's NPDES permit NCS000250, please
refer to the most reeent version of the No�� tlt Car•olincz Deyrrr•tment of Tran,rportatio�� Stor•rrzwcater Best
Mnncxgement Pi°actices Tr�olbox manual for approved measures.
12. Sediinent and erosion conn-ol measures should not be placed ii� wetlands or sh•eams.
13. Borrow/waste areas should avoid wetlands to the �naxinlum extent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 40] Water Quality Certification and could precipitate
compensatory mitigat'ron.
14. The 401 Water Quality Certification application will ueed to specifically address the proposed methods for
stormwater management. More specifically, stormwater shall not be permitted to discharge directly into
streams or surface waters.
15. Based on tl�e infoi-mation presented in tl�e docume;nt, the magnihide of impacts to wetlands and st�eams inay
i-equirE a Nationwide (NW) permit; application to tl�e Corps of Engineers and corresponding 40l Water
Quality Certification. Please be advised tl�at a 401 Water Quality Certification requires satisfactory protection
of water quality to ensure that water quality standards are met and no wetland or sn-cam uses are lost. Final
permit authorization will require the subil�ittal of a formal application by the NCDOT and written concurrEnce
from the NCDWR. Please be aware that any appc•oval will be contingent on appi•opriate avoidance and
minimization of wet(and and stream impacts to tl�e maximum extent practical, the development of an
acceptable stormwatei- management plan, and tl�e inc(usiou of appropriate mitigation plans wl�ere appropriate.
16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing conerete and stream water. Water that inadvertently contacts unctu�ed concrete shall not be discharaed
to sw-face waters due to the potential for elevated pH and possible aquatic life and fish kills. Concrete shall
be handled in accordance with the NPDES Const�uction General Permit NCGOI 0000.
17. If temporary access roads or detours are constructed, the site sl�all be graded to its preconstniction contow-s
and elevations. Disttn-bed areas shall be seeded or mulched to stabilize the soil and appropriate native woody
species shall be planted. When using tenipora�y smictures the area shall be cleared but not gntbbed. Clearing
tl�e 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 ininiinizes soil disturbance.
18. Ui�less otherwise a�ithorized, placement of culverts and other sh•uctures 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 di�meter for culverts having a diameYer less than 48 inches, to allow low flow
passage of water and aquatic ]ife. Design and placement of culverts and other structures inchiding temporary
erosion co�ltrol measures shall not be coi�ducted in a ma��ner that �nay result in dis-equilibrium of wetlands or
sh-eambeds or ba��lcs, adjacent to or upstream and dowi�stream of the above stnictures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR.
If this conditioi� is unable to be met due to bedrocl< or other limiting feanires encountered dm-ing constniction,
please contact tl�e NCDWR for guidance on how to proceed and to determine whether or not a permit
modification will be required.
19. If multiplc pipcs or ban•cls arc rcquircd, thcy shall bc dcsigncd to mimic natural strcam cross scction as
closcly as possiblc includin� pipcs or ban•cls at flood plain cicvation, floodplain bcnchcs, and/or sills may be
requircd where appropriate. Widening tl�c stream chailnel should be avoicicd. Strcaln channcl wicicning at thc
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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

inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires
inereased maint�enance and disrupts aquatic life �passage.
20. If foundation test borings are necessary; it shall be noted in the document. Geotecllnical work is a��proved
�mder General 401 Certificarion Nuinber 3883/Narionwide Peru2it No. 6 for Survey Activities.
21. Sediment and erosion control measLu•es sufficient to protect water resources must be implemented and
maintained in accordance with the most recEnt version of North Carolina Se�diment and Erosion Conn•ol
Plamling and Design Manual and the most recent version of NCS000250.
22. All work in or adjacent to stream waters sl�all be conducted in a dry work area. Approved BMP measures
fi•om the most current veision of the 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 Cvaluation of W�tland
Significance (NGCREWS) �uaps and soil survey i��aps are useful tools, their inl�erent inaccuracies require
tl�at qualified persoimel perfoi7l� onsite wetland delineations prior to permit approval.
24. Heavy equipment sl�ould bc operated tiroil� the banl< rather than in stream channels in order to minitnize
sedimentation and reduce tl�e likelihood of introducing other pollutants into streams. This equipment shall be
inspected daily and maintained to prevent contamination of surface waters from leal<ing fuels, lubricants,
hydralilic fluids, or other toxic materials.
25. Riprap shall not be placed in the active thalweg chamiel or placed in the streaillbed in a n7anner that precludes
ac�uatic life passage. Bioengineering boulders or smich�res should be properly designed, sized and installed.
26. Riparian vegetation (native h-ees and shnibs) 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 NCDWR appreciates the opportunity to provide comments on your project. Should you l�ave any questions or
require any additional information, please contact Donn� I�ood at [phone] or donnallood c�ncdenr.gov.
Electronic copy only distribution:
Kristi Lynn Carpenter, NC Divisio�l of Water Resotn-ces
Nicholle BraspennicicX, US Ari�ry Corps of Engineers, Charlotte 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