20091031 Ver 1_Memorandum of Agreement_20090721

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 21, 2009
MEMORANDUM
To: Melba McGee, Environmental Coordinator, Office of Legislative and Intergovernmental.
Affairs
From: Rob Ridings, Division of Water Quality, Transportation Permitting Unit
Subject: Comments on the Finding of No Significant Impact related to proposed realignment and
widening of Falls of Neuse Road (SR 2000), City of Raleigh, Wake County, Federal Aid
Project No. STPDA-0520(25), State Project No. 39949.1.1, TIP No. U-4901, DENR
Clearinghouse No. 09-0392.
This office has reviewed the referenced document dated received July 1, 2009. The NC Division of
Water Quality (NCDWQ) is responsible for the issuance of the Section 401 Water Quality Certification
for activities that impact Waters of the U.S., including wetlands. It is our understanding that the project
as presented will result in impacts to jurisdictional wetlands, streams, and other surface waters. NCDWQ
offers the following comments based on review of the aforementioned document:
Project Specific Comments:
1. The Neuse River and its unnamed tributaries are class WS-IV; NSW waters of the State. DWQ is very
concerned with sediment and erosion impacts that could result from this project. DWQ recommends that
highly protective sediment and erosion control BMPs be implemented to reduce the risk of nutrient runoff
to these waters. DWQ requests that road design plans provide treatment of the storm water runoff
through best management practices as detailed in the most recent version of NC DWQ Stormwater Best
Management Practices.
2. Unnamed tributaries to Falls Lake may be present in the project study area. These waters are
classified as Water Supply Critical Area (CA). Given the potential for impacts to these resources during
the project implementation, the DWQ requests that DOT strictly adhere to North Carolina regulations
entitled "Design Standards in Sensitive Watersheds" (15A NCAC 04B .0124) throughout design and
construction of the project. This would apply for any area that drains to streams having CA
classifications.
3. This project is within the Neuse River Basin. Riparian buffer impacts shall be avoided and minimized
to the greatest extent possible pursuant to 15A NCAC 213.0233. New development activities located in
the protected 50-foot wide riparian areas within the basin shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 213.0233. Buffer mitigation may be required for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses"
section of the Buffer Rules or require a variance under the Buffer Rules. A buffer mitigation plan,
Transportation Permitting Unit One 1..
OrthCarolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NNaturally
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: [phone] FAX: [phone] Internet: http:lrh2o.enr.state.nc.us!nmetlandsl
An Equal Opportunity 1 Affirmative.ACton Employer
including use of the NC Ecosystem Enhancement Program, must be provided to DWQ prior to approval
of the Water Quality Certification.
General Comments:
The application shall provide a detailed and itemized presentation of the proposed impacts to
wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A
NCAC 211.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the
environmental documentation. Appropriate mitigation plans will be required prior to issuance of a
401 Water Quality Certification.
2. Environmental assessment alternatives shall consider design criteria that reduce the impacts to
streams and wetlands from storm water runoff. These alternatives shall include road designs that
allow for treatment of the storm water runoff through best management practices as detailed in the
most recent version of Stormwater Best Management Practices, such as grassed swales, buffer
areas, preformed scour holes, retention basins, etc.
3. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality
Certification, the applicant 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 Environmental Management Commission's Rules f 15A NCAC 2H.0506(h)),
mitigation will be required for impacts of greater than 1 acre to wetlands. In the event that
mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and
values. The NC Ecosystem Enhancement Program may be available for use as wetland mitigation.
4. In accordance with the Environmental Management Commission's Rules [I 5A NCAC
2H.0506(h)), mitigation will be required for impacts of greater than 150 linear feet to any single
perennial stream. In the event that mitigation is required, the mitigation plan shall be designed to
replace appropriate lost functions and values. The NC Ecosystem Enhancement Program may be
available for use as stream mitigation.
5. Future documentation, including the 401 Water Quality Certification Application, shall continue to
include an itemized listing of the proposed wetland and stream impacts with corresponding
mapping.
6. NCDWQ is very concerned with sediment and erosion impacts that could result from this project.
The applicant 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.
7. An analysis of cumulative and secondary impacts anticipated as a result of this project is required.
The type and detail of analysis shall conform to the NC Division of Water Quality Policy on the
assessment of secondary and cumulative impacts dated April 10, 2004.
8. The applicant is respectfully reminded that all impacts, including but not limited to, bridging, fill,
excavation and clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to
be included in the final impact calculations. These impacts, in addition to any construction impacts,
temporary or otherwise, also need to be included as part of the 401 Water Quality Certification
Application.
9. Where streams must be crossed, NCDWQ 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 shall be countersunk to allow unimpeded passage by fish and other aquatic organisms.
Moreover, in areas where high quality wetlands or streams are impacted, a bridge may prove
preferable. When applicable, DOT should not install the bridge bents in the creek, to the maximum
extent practicable.
10. Whenever possible, NCDWQ prefers spanning structures. Spanning structures usually do not
require work within the stream or grubbing of the streambanks and do not require stream channel
realignment. The horizontal and vertical clearances provided by bridges shall allow for human and
wildlife passage beneath the structure. Fish passage and navigation by canoeists and boaters shall
not be blocked. Bridge supports (bents) shall not be placed in the stream when possible.
11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across
the bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes,
vegetated buffers, etc.) before entering the stream. Please refer to the most current version of
NCDWQ's Stormwater Best Management Practices.
12. Sediment and erosion control measures shall not be placed in wetlands or streams.
13. Borrow/waste areas shall avoid wetlands to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could
precipitate compensatory 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 surface waters.
15. Based on the information presented in the document, the magnitude of impacts to wetlands and
streams may require a 404 Permit application to the Corps of Engineers and corresponding 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 met and no wetland
or stream uses are lost. Final permit authorization will require the submittal of a formal application
by the applicant and written concurrence from the NCDWQ. Please be aware that any approval will
be contingent on appropriate avoidance and minimization of wetland and stream impacts to the
maximum extent practical, the development of an acceptable stormwater management plan, and the
inclusion of appropriate mitigation plans where appropriate.
16. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall
not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and
fish kills.
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 mulched to stabilize the soil and
appropriate native woody species shall be planted. When using temporary structures the area shall
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
naturally and minimizes soil disturbance.
18. Placement of culverts and other structures in waters, streams, and wetlands 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 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 structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact NCDWQ for guidance on
how to proceed and to determine whether or not a permit modification will be required.
19. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section
as closely as possible including pipes or barrels at flood plain elevation, floodplain benches, and/or
sills may be required where appropriate. Widening the stream channel should be avoided. Stream
channel widening at the inlet or outlet end of structures 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 noted in the document. Geotechnical work is
approved under General 401 Certification Number 3687/Nationwide Permit No. 6 for Survey
Activities.
21. Sediment and erosion control measures sufficient to protect water resources must 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. .
22. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of 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. Any anticipated bank stabilization associated with culvert installations or extensions shall be
addressed in the permit applications. An adequate bank stabilization amount shall also be applied
for to prevent the need of a later permit modification.
24. Heavy equipment shall 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 other toxic materials.
25. 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 structures shall be properly designed,
sized and installed.
26. Riparian vegetation (native trees and shrubs) 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.
27. Any anticipated dewatering or access structures necessary for construction of bridges shall be
addressed in the permit applications.
The NCDWQ appreciates the opportunity to provide comments on your project. Should you have any
questions or require any additional information, please contact Rob Ridings at 919-733-9817.
cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Clarence Coleman Jr., Federal Highway Administration
Dean Fox, City of Raleigh
Gregory J. Thorpe, NCDOT PDEA
Chris Militscher, Environmental Protection Agency
Travis Wilson, NC Wildlife Resources Commission
File Copy
Department of Environment and Natural Resources
Office of Legislative and Intergovernmental Affairs
Project Review Form
Project Number
(? `? 6 a Counry
H KE Date Received
Lj5nj q Date Response Due (firm deadline)
-7 1 Q':1 64

This project is being reviewed as indicated below:
Regional Office Regional Office Area In-House Review
Asheville Air Soil & Water _ Marine Fisheries
Fayetteville Water _ Coastal Management
Mooresville Aquifer Protection Wildlife
_ _ DO?
Raleigh Land Quality Engineer _ Forest Resources
Washington Water Resources - Environmental Health
Wilmington _ Parks & Recreation - Waste Mgmt
_ Winston-Salem _LWater_Quality'.?; _ Radiation Protection
bbt_.
_ Air Quality Other N H P
HARK = G u
Manager Sign-Off/Region: Date: In-House Reviewer/Agency:
Response (check all applicable)
- No objection to project as proposed
No comment
Insufficient information to complete review
- Other (specify or attach comments)
RETURN TO:
Melba McGee
Environmental Coordinator
7T
1601 Mail Service Center slyF
Raleigh, NC 27699-1601
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