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L�1��P1 ��JLPEF��� MEMORANDUM
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To:
From:
Elyse Mize, Project Manager, VHB
�*l�Jf�TH �.A:�C?LINA.
��ew�r�anrag�rtrcr! �ua��ry
December 5, 2018
Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: Scoping comments on proposed iinpi•ovements to SR 1603 and SR 1770 at US 64 and I-95 in Nash
County, TIPs# U-5996, R-5720, and U-5026.
Reference your correspondence received November 26, 2018 in which you requested comments for the referenced
project. Preliminary analysis of the project reveals tl�e potential for impacts to strEams, bLiffers, and/or jm-isdictional
wetlands in the project area. Streanls in the project vicinity include:
Stre�am Name Basin Stream Classification Stream Inde�x Number 303(d) Listin ?
Ston Creek Tar-Pamlico C; NSW 28-(8 Yes
Ma�le Creelc Tar-Pamlico WS-IV; NSW 28-66 No
Lassiters Creek Tar-Pamlico C; NSW 28-68-4 No
Further invesrigatio��s at a higher resolutioi� sl�ould be undertaken to verify the presei�ce of other streams andlor
jtuisdictional wetlands in the area. in the event that any jurisdictional areas are identified, the Division of Water
Resotu-ces requests that NCDOT consider tl�e following environmental issues for the proposed project:
Project Specific Comments:
1. Stony Creek, Maple Creek, Lassiters Creelc and their trib�itaries are class NSW waters of the State. The
NCDWR is veiy concei7ied with sediment and erosion impacts that cotlld res�llt from this project. The
NCDWR recommends that highly protective sediment and erosion control BMPs be implemented to reduce
the risk of nutrient rtmoff to these surface waters. Post-conshliction stonnwater BMPs should, to the MEP,
Ue selected and designed to reduce nutrients.
2. Stony Creek and its tributaries are listed 303(d) impaired waters of the State. The NCDWR is very
concerned with sediment and erosion impacts that could re�stilt froul this project. The NCDWR
reconuuends that the most protecrive sediment and erosion control BMPs be implemented in accordance
with Desigr� Standards in Ser�sitive Water,shecls (15A NCAC 04B .0 L24) or comparable BMPs to reduce the
risk of further impairment to the�se surface waters. Post-construcrion stormwater BMPs should, to the
MEP, be selected and designed to redtice target POCs in the 303(d) list for the receiving waters.
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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
This project is within the Tar-Pamlico Basin. Ripariai� buffer impacts shall be avoided ar�d minimized to
t�l�e greatest extent possible pursuanf to 15A NCAC 2B.0259. New development activities located in the
protected 50-foot wide riparian areas within tlie basin sl�all be limited to "usEs" identified witllin and
constructed in accordance with 15A NCAC 2B.0295. Buffer mitigation may be required for buffer
impacts resulting fronl acrivities classified as °`allowable with mitigation" within the "Table of Uses"
section of the Buffer Rules or rec�uire a variance LmdEr the Buffer Rules. A buffer mitigation plan,
including use of the North Carolina Divisioi� of Mitigation Services, i�nust be provided to the NCDWR
prior to approval of tl�e Water Quality Certification. BufFer initigation may be required for buffEr impacts
resulting fron� activities classified as "allowable with mitigatiou" within the "Table of Uses" section of the
Buffer Rules or require a variance undei- the Buffer Rules. A buffer mitigation plan, coordinated with tl�e
North Carolina Division of Mitigation Services, must be provided to the NCDWR prior to approval of the
Water Quality Certificatio».
General Project Comments:
The envirorunental docLiment sl�ould provicie a detailed and itemized presentation of the proposed impacts to
wetlands and streams with correspondin� mapping. If mitigation is necessary as required Uy 15A NCAC
2H.0506(h), it is preferable to present a concephtal (if i7ot finalized) mitigatioil plan with the environmental
documentation. Appropriate mitigation plans will be required prior to issuance of a�O1 Water Quality
Certification.
Environinental i�npact statement altErnarives shall consider design critEria that reduce the impacts to strea�ns
and wetlands from storin water nuloff. These alternatives shall include road designs that allow for t�-eamieilt
of the storn� water ilinoff throLigh BMPs as detailed ii1 the u�ost recent version of the North Ccri�olina
Depai�trnent of Transpoi•tatia� Stor�mtivcrter• Best Managerr�erzt Practices Tool box man�tal, sttcll as grassed
swales, buffer areas, preformed scour holes, retention basins, etc.
After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,
tlie NCDOT is respectfully reminded that they will need to demonstrate the avoidance and cninimization of
iiupacts to wetlands (and streams) to the maximum extent practical. In accordance with the Enviromllental
Management Commission's Riiles (15A NCAC 2H.0506[l1]), initi��ation will be required for in�pacts of
�-eater tl�an 1 acre to wetlands. Ii1 tl�e event that mitigation is reqLiired, the mitigatioil plan shall be designed
to replace appropriate lost filnctions and values. North Carolina Division of Mitigation Seivices may Ue
availaUle for assistance witl� wetland initigation.
In accordance with the Environmental Manage�ment Commission's Rules (15A NCAC 2H.0506[h]),
mitigation will be required for inlpacts of greater than 3001inear feet to any peremlial strealn. li7 the event
that nutigation is requ�ued, flle nutigation plan s11a11 be designed to replace appro�riate lost fiulctions and
values. Tl�e North Carolina Division of Mitigation Servic�s may be available for assistance wifll stream
mitigation.
5. Future documentation, inchiding the 401 Water Qliality Certificatioi� Applicatio��, shall contimie to include an
iteinized listing of the proposed wetlar�d and stre�m iinpacts with corresponding mapping.
The NCDWR is very concerned with sediment and erosion impacts that could result fi-om this project. The
NCDOT shall address these concerns by describing the potential impacts that n�ay occur to the aquatic
environments and any mitigating facto�s that would reduce the impacts.
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���, �, �..:�.-i, �-�,�.-
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 secondary ii��pacts anticipated as a result of this project is required. The rype
and detail of analysis shall conForm to the NC Division of Water Resource Policy on tl�e assessulent of
secondary and cumulative impacts dated April 10, 2004.
8. The NCDOT is respectfully retninded that all impacts, including but not limited to, bridging, fill, excavatioi�
and clearing, and rip rap to jurisdicrional wetlands, streams, and riparian buffers need to be included in the
final impact calculatious. These iu�pacts, in addition to any coi�shuction impacts, te�nporary or otherwise,
also i�eed to be included as part of the 401 Water Quality Certification Applicarion.
9. Wl�ere 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 sl�ould be
countersunl< to allow unimpeded passage by fish and other aquatic organisms. Moreover, i�1 areas wt�ere higl�
quality wetlands or streams are impacted, a bridge may prove preferaUle. When applicable, the NCDOT
should not install the bridge be�nts in the creek, to the maximum extent practicable.
10. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require
worlc within the stream or b Libbing of the streambanl<s and do not require stream cl�annel realignment The
horizontal and vertical cLearances provided by bridges shall allow for h�iinan and wildlife passage beneath tl�e
snucture. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge s�ipports (bents)
should not be placed in the stream wllen possible.
11. Bridge deck drains shall not discl�arge directly into tl�e stream. Stormwater shall be directed across the bridge
and pre-treated througl� site-appropriate means (brassed swales, pre-formed scour 1�loles, vegztated buffers, ete.)
before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS000250, please refer
to the nlost recent versio�l of the Noy-tiz Caroliraa Departnaent of�Trans�ortatio�� Stor•mti�vater� Best Mcmage��nerzt
Pr•aetices Toolbo.a� manual for approved measures.
12. Sediment and erosion control measures should not be placed ii� wetlands or streams.
13. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will need to be �resented in the 401 Water Qualiry Certification and could precipitate
compensatory mitigation.
14. The 40l Water Quality Certification application will need to specifically address the proposed mefllods for
stormwater management. More speciflcally, starmwater shall not be permitted to discharge directly into
streams or surface waters. To meet the requireinents of NCDOT's NPDES permit NCS000250 please refer to
tl�e most reeent version of the North Cc7rolina De�artinent of Trar�s�ortatiorl Stor•mri�nter• Best Ma�ic�gei�7ent
Prcrctices Too/l�o.�� mamial for approved measures.
15. Based on the information presented in the document, the magnitude of impacts to wetlands and streams may
require a Nationwide Peri��it application to the Corps of Engineers and corresponding 401 Water Quality
Certification. Please be advised that a 401 Water Quality Ceetification requires satisfactory protection of
water quality to ens�ue that water quality standards are met aud no wetland or sheam uses are lost. Final
pernut authorization will require the submittal of a formal application by the NCDOT and written concun•ence
fi•om the NCDWR. Please be aware that any approval will be contingent on appropriate avoidance and
miniinization of w�tland and streaui impacts to the maximum extent practical, the development of an
accel�table stormwater management plan, and the inclusion of appropriate mitigation plans where appropriate.
t� ����
���, �, �..:�.-i, �-�,�.-
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. If concrete is used dliring coi�stnlction, a dry work area shall be �naintained to prevent direct contact between
curinb concrete and streanl water. Water that inadvertently contacts uncured c�oncrete shall not be dischar�ed
to sLirFace waters due to the potential for elevated pH and possible aquatic life and fisll kills. Concrete shall
be handled in accordance with the NPDES Constructio�� General Permit NCGO 10000.
17. 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 mulcl�ed to stabilize the soil and appropriate native woody
species shall be planted. When using tetnporary sri•uchires the area sl�all be cleared but not grubbed. Clearing
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 naturaily and minimizes soil disturbance.
18. Unless otherwise autl�orized, placemeut of culverts and other structures in waters and streams shall be placed
below tl�e elevation of the streambed by one foot for all culverts with a diameter greater tl�an 48 incl�es, aud
20 percent of the culvert diameTer for culverts having a diameter less than 48 i��ches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other strLictures including temporary
erosion conh•ol measures shall not be conducted in a�nanner that n�ay result in dis-equilibrium of wetlands or
snearnbeds or ban]<s, adjacent to or upsrteam and downstt-eam of the above st�uctures. 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 durin� construction,
please contact the NCDWR for guidance on how to pt-oceed and to detennine whether or not a pennit
modification will be rec�uired.
19. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possiUle including pipes or barrels at flood plain elevation, floodplain benches, and/or sills may be
required where appropriate. Widenin� tl�e stream channel should be avoicied. Stream channel widening at the
inlet or outlet end of structLires typically decreases water velocity causing sediment deposition that requires
increased maintenance and disrupts aquatic life passage.
20. If foundation test borings are necessary; it shall be iloted in the document. Geotechnical work is approved
under General 401 Certiticarion Number 4085/Narionwide Permit No. 6 for Suivey Activities.
21. Sediment and erosion conh•ol measures sufficient to protect water resources inust be iinplenlented and
maintained in accordance with tl�e most recent version of North Carolina Sediment and Erosion Control
Plaiuiing and Design Manual aud the most recent version of NCS000250.
22. All work in or adjacent to streain waters shall be conducted in a dry work area. Approved BMP measares
fi-om the most clirrent version of the NCDOT Construction and Maintenance Activities inannal such as
sandUags, rocic berms, cofferdams and other diversion stTuctures shall be used to prevent excavation in
flowing water.
23. While the use of National Wetland Inventory (NWi) maps, NC Coastal Region Evaluation of Wetlaild
Significance (NGCREWS) maps and soil survey maps are useful tools, their inhere��t inaccuracies require
tl�at qualified personnel perform onsite wetland delineations prior to permit approval.
24. Heavy equipment should be operaYed from the bank rather than in stream channels in order to minimize
sedim�ntation and reduce the lilcelihood of introducing other pollutants into streams. This equipment shall be
inspected daily and maintained to prevent contamination of s�u•face waters from leaking fuels, lubricants,
hydraulic fluids, ar other toxic materials.
t� ����
���, �, �..:�.-i, �-�,�.-
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. Riprap sl�all not be placed in the active thalweg chan11e1 or placed in the streambed in a maiiner that precludes
aquatic life passage. Bioengineering boulders or sh-uctures sl�ould be properly designed, sized and installed.
26. Riparian vegetation (native trees and shnibs) shall be preserved to the maximum extent possible. Riparian
vegetation must be reestablished within the consh•uction limits of tlle project by the end of the growiug season
following completion of constructiou.
Thanl< you for requesting olir iuput at this time. The NCDOT is reminded that issuance of a 401 Water Quality
Certificatiou requires that appropriate measures be instihited to ensure tl�at water quality standards are �net and
desiguated uses are not degraded or lost. If you have any questions or require additional inforination, please contact
Rob Ridings at 919-707-8786.
� ����
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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