R-5850 SOS Comments Dec 2018.pdf

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MICHAEL S. RIiGAN
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LINDA CULPEPPF.R
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December 20, 2018
MEMORANDUM
To: Eric Murray, NC DOT Project Manager, Division 3 �
From: Joanne Steenhuis, NC Division of Water Resources, Wilmington Regional Office
Subject Scoping comments on proposed widening of NC 53 from US 1 U Bypass to SR 1509 (Stag Park Road) in
Burgaw in Pender County, STIP R-5850.
Reference your correspondence dated December l7, 2018 in which you requested comments for the referenced
project. Preliminary analysis of the project reveals the potential for nominal impacts to streams and jwisdictional
wetlands in the project area. More specifically, impacts to:
Stream Name River Basin Stream Stream lodex 303(d) Listing
Classification s Number
Bur aw Creek or UTs to Bur aw Creek Ca e Fear C; Sw 18-74-39 Yes
Os ood Branch or UT to Os ood Branch Ca e Fear C;Sw 15-74-39-1 N/A
Further investigations at a higher resolution should be undertaken to verify the presence of streams and/or
jurisdictional wetlands in the area. In the event that any jurisdictional areas are ide�tified, the Division of Water
Resources requests that NCDOT consider the following environmental issues for the proposed project:
Project Specific Comments:
To meet the requirements of NCDOT's NPDES permit NCS000250, the road design plans shall provide
treaGnent of the stonnwater runoff through BMPs as detailed in the most recent version of the Nortiv Cm�oiina
Deparhnent ofTransportntion Stormwater Best Management Practices Toolbox manual.
2. Burgaw Creek has been identified as class C;Sw; 303(d) waters of the State. Burgaw Creek is on the 303(d)
Iist for impaired use for aquatic life due to Copper.'I'he NCDWR is very concemed with sediment and
erosion impacts [hat could result from this projecL The NCDWR recommends that the most protective
sediment and erosion control BMPs be implemented in accordance with Design Standards in Sensi[ive
Wntersheds (I SA NCAC 04B .0124) or comparable BMPs to reduce the risk of further impairment to Burgaw
Creek.
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North Carolina DeparUnent of flnvlronmen[al Quallry � Dmision of Water Resources
512 North Salisbury Street I 1617 Mail Service Center I Raleigh, Noith Carolina 27699-1617
919707.9000

General Project Comments:
3. The environtnental document should provide a detailed and itemized presentation of the proposed impacts to
wetlands and sh'eams with corresponding mapping. lf mi[igation is necessary as required by I SA NCAC
2H.0506(h), it is preferable to present a conceptual (if not finalized) tnitigation plan with the environmental
documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality
CertificaCion.
4. Environmental impact statement al[ernatives shall consider design criteria [hat reduce the impacts U> streams
and wetlands fiom stonn water runof£ 7'hese altematives shall include road designs that allow for treatment of
the storm water runoff through 13MPs as detailed in the most recent version of [he Nor[h Ca�•olina Department
of 7rnnspa•tation Stormwater l3esl Munagemen� Practices Tool box manual, such as grassed swales, buffer
areas, prefonned scour holes, retention basins, e[c.
5. After the selection of the preferred alternative and prior to an issuance of [he 401 Water Quality Certification,
the NCDO"C is respectfully reminded that they will need to demonstrate the avoidance and minimization of
impacts to wetlands (and streams) to the maximum extent practical. In accordance with the Emironmental
Management Commission's Roles (I SA NCAC 2H.0506[h]), mitiga[ion will be required for impacts of
greater than I acre to wetlands. ln Ihe event [ha[ mitigation is required, the mitigation plan shall be designed
to replace appropriate lost functions and values. North Carolina llivision of Mitigation Services may be
available for assistance with wetland mitigation.
6. In accordance wi[h the Environmental Management Cmnmission's Rules (15A NCAC 2H.0506[h]),
mitiga[ion will be required for impacts of greater than 300 linear feet to any perennial stream. ln the event
that mi[iga[ion is required, the mitigation plan shall be designed to replace appropriate lost functions and
values. I'he North Carolina Uivision of Mitigation Services may be available for assis[ance with stream
mitigation.
7. Future documentation, including the 401 Water Quality CertiScation Application, shall continue to include an
itemized listing of the proposed weNand and stream impacts wi[h corresponding mapping.
8. The NCDWR is very concerned with sediment and erosion impac[s that could result from this project. The
NCDOT shall address these concerns by describing the potential impacts that may occur to the aquatic
e�vironments and a�y mitigating factors that would reduce the impacts.
9. An analysis of cumulative and secondary impacts anticipated as a result of this projec[ is required. The type
and de[ail of analysis shall conform to the NC Division of Water Resource Policy on the assessment of
secondary and cumulative impacts da[ed April 10, 2004.
10. The NCDOT is respectfully reminded that all impacts, including but not limited to, bridging fill, excavation
and clearing and rip rap to jurisdictional wetlands, sheams, and riparian buffers need to be included in the
final impact calculations. 'Chese impacts, in addition to any co�struction impacts, teniporary or otherwise,
also need to be included as part of the 401 Water Quality Certiflcation Application.
I l. Where streams must be crossed, the NCDWR prefers bridges be used in lieu of ciJverts. However, we realize
that economic considerations often require the use of culverts. Please be advised that culverts should be
countersunk to allow unimpeded passage by fish and o[her aquatic organisms. Moreover, in areas where high
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North Carolina Uepartment of Environmenlal Quality i Division of Wate� Besources
512 North Sallsbury Street I 1617 Mail Service Center I Raleigh, North Oawlina 27699-187 7
919707.9000

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 the maximum extent practicable.
12. Whenever possible, the NCDWR prefers spanning shuc[ures. Spanning structures usually do not require
work within the stream or grubbing of [he streambanks and do not require stream channel realig�ment The
horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage benea[h the
structure. Fish passage and navigation by canoeis[s and boa[ers shall not be blocked. Bridge supports (bents)
should not be placed in the stream when possible.
13. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-trea[ed through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etcJ
before entering [he stream. To meet the requiremen[s of NCDO'I"s NPDES permit NCS000250, please refer
to the most recent version of the Na�lh Cnrolinn Depurrment of lrnnspa tu[ion Slormwater Best Managemen!
Prac[ices Toolbox manual for approved measures.
14. Sedimen[ and erosion control measures should not be placed in we[lands or streams.
I5. Borcow/was[e areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in
borcow/waste areas will need [o be presented in the 40l Water Quality Certification and could precipitate
compensatory mitigation.
16. The 401 W ater Quality Certification application will need to specifically address the proposed methods for
stormwater management More specifically, stormwater shall no[ be permitted to discharge directly into
streams or surface waters. To mee[ the requirements of NCDOT's NPDES permit NCS00025Q please refer
to the most recent version of the North Caralina Department of Transportation Stonnwater Best Management
Practices Toolbox manual for approved measures.
17. The DWR cannot comment on pern�it requirements with the limited information provided. lletailed field
delineation is required to detennine the presence or absence of jurisdictional resources within the project
limits. In addition, NCDOT mus[ provide an es[imate to any resources located wi[hin Ihe wnstruction limits
of the project area before we can specifically comment on NCDWR permit eligibility. Final permit
authorization will require the submittal of a formal application by [he NCDO'I' and written concurrence from
the NCllWR. Please be aware that any approval will be contingen[ on appropriate avoidance and
minimization of wetland and stream impacts to the maximum extent prac[ical, the development of an
acceptable stonnwater management plan, and the inclusion of appropria[e mi[igation plans where appropriate.
18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Wa[er tha[ inadvertently contacts imcured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Concrete shall
be handled in accordance with the NPDES Construction General Permit NCG010000.
19. If [emporary access roads or detours are construc[ed, the site shall be graded [o i[s prewnstruction contours
and eleva[ions. Disturbed areas shall be seeded or nmlched to stabilize the soil and appropriate native woody
species shall be planted. When using temporary structures the area shall be deared but not grubbed. Clearing
[he area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving Ihe shmips and roo[
mat intac[ allows the area [o re-vegetate naturally and minimizes soil disturbance.
20. Unless otherwise authorized, placement of culverts and other structures in waters and streams shall be placed
below the elevation of the streambed by one foot for all culver[s with a diameter greater than 48 inches, and
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Nor[h L'aroiina Department of Brvironmentel Qualiry I Division of Waler Resources
512 North SalisburyStreel I 1617 Mail Service Center I Raleigh, North Carolina 27699� 161!
919.707.9000

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 placement of culverts and other struc[ures including temporary
erosion control measures shall not be conduc[ed in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent [o or upstream and dow�stream of the above struc[ures. "1'he applicant is
required to provide evidence that the equilibrium is being maintained if requested in wri[ing by the NCllWR.
If this condition is u�able to be met due to bedrock or other limiting features encountered dw ing construction,
please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit
moditication will be required.
2 L If nmltiple pipes or barrels are required, they shall be designed to mimic na[ural stream cross section as
cbsely as possible including pipes or barrels a[ flood plain elevation, floodplain benches, and/or sil(s may be
required where appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of struc[ures typically decreases water velocity causing sedimen[ deposi[ion that requires
increased main[enance and disrupts ayuatic life passage.
22. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
under Ueneral 401 Certification Number 4085/Nationwide Pennit No. 6 for Survey Activities.
23. Sedimen[ and erosion control measures sufficient to pro[ect water resources must be implemented a�d
maintained in accordance with the ntost recen[ version of North Carolina Sedimen[ 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 BMY measures
from the most cun�ent version of the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excava[ion in
flowing water.
25. 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 inherent inaccuracies require
that qualified personnel perform onsite wetland delineations prior to permit approval.
26. 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 streams. This equipment shall be
inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or otlier toxic materials.
27. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or struc[ures should be properly designed, sized and installed.
28. Riparian vegetation (native trees and shrubs) shall be preserved to [he maximum ex[en[ possible. Riparian
vege[ation must be reestablished within the cons[ruction limits of the project by Ihe end of the growing season
following completion of ca�struction.
Thank you for requesting our input a[ this time. The NCllO"f is reminded [hat issuance of a 401 Water Quality
Certification requires [hat appropriate measures be instituted to ensure that water quality standards are met and
designated uses are not degraded or IosL If you have any questions or require additional information, please contact
Joanne Steenhuis at [phone] orjoannestee�ilmis�ncdenr.gov.
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North Carolina Department of EnNromnentel QualiTy I Oivison of Water Resources
512 North Salisbury Street I 1617 Mei15ervice Cen[er I Raleigh, Nortn Carolina 27699 16P
919707.9000

Electronic copy only distribution:
Mason Herndon, NC DO"C Division 3
Brad Shaver, US Anny Corps of Engineers, Wihnington Field Office
Cathy Brittingham, NC Division of Coastal Management
Kristi Lynn Carpenter, NCDWR
File Copy
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North Carolina Deparhnen[ of Environmental Quality I Division ot Wa[er Resources
512 North Salisbury S[ree[ I 1617 Mail Service Center � Raleigh, North Carolina 276991617
919.707.9000