HomeMy WebLinkAboutI-5987 SOS letter Jan 2019ROY COOPFR
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Envlrortmental Qualily
January 16, 2019
To:
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MEMORANDUM
Scott Yridgen, NCDOT Division 6 Project Manager
Joanne Steenhuis, NC Division of Water Kesources, W ilmington Regional Office �� � 1.l
Subject: Scoping comments on proposed widening of 1-95 to eight lanes from US 301 (Exit 22) in Robeson
County to 1-95 Business/US 301 (Exit 40) in Cumbedand County, TIP I-5987, Sta[e Clearinghouse
Project No. 19-0142.
Reference your correspondence dated December 4, 2018 in which you requested comments for the referenced
Further inves[igations at a higher resolution should be undertaken to verify the presence of other streams and/or
jurisdictional wetlands in the area. In the event tha[ anyjurisdictional areas are identified, the Division of Water
Resources requests [hat NCDOT consider [he following environmental issues for the proposed project
Project Specific Comments:
l. To meet the requiretnents of NCDO'P's NPUES permit NCS000250, the road design plans shall provide
treatment of Ihe stormwater runoff through BMPs as detailed in the most recent version of the Nor�h Carolinu
Deparhnent of7Y�attsportntion S[a•imva(er Bes� Mrmngernen[ Pructices Toolbox manual. l�he BMPs shoold, to
Ihe MEP, be selected and designed to reduce impacts of the target pollutants of concern (POCs) for the
receiving waters.
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project. Prelimi�ary analysis of the project reveals the potential for multiple impacts to streams a�d jurisdictional
wetlands in the project area. More specifically, impacts to:
General Project Comments:
2. The emironmental document should provide a detailed and itemized presentation of the proposed impacts to
wetlands and streams with corcesponding mapping. If mitigation is necessary as required by l5A NCAC
2H.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.
3. Environmental impact statement altematives shall consider design criteria that reduce the impacts to streams
and wetlands from storm water runofE These altematives shall include road designs that allow for treatment of
the storm water runoff through BMPs as detailed in the most recent version of the North Carolina Deparhnent
ofTransportatron Stormwater Best Management Practices Tool box manual, such as grassed swales, buffer
areas, preformed scour holes, reten[ion basins, etc.
4. ARer the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,
the NCDOT is respectfully reminded that they will need to demonstrate the avoidance and minimization of
impacts to wetlands (and s[reams) to the maximum extent practical. In accordance with the Environmental
Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of greater
than l acre to wetlands. In the event that mitigation is required, the mitigation plan shall be designed to
replace appropriate lost functions and values. North Carolina Division of Mi[iga[ion Services may be available
for assistance wi[h wetland mitigation.
5. In accordance with the Environmental Management Commission's Rules (15A NCAC 2H.0506[h]), mitigation
will be required for impacts of greater than 300 linear feet to any perennial stream. In the event that mitigation
is required, the mitigation plan shall be designed to replace appropriate lost functions and values. The North
Carolina Division of Mi[igation Services may be available for assis[ance with stream mitigation.
6. Future documentation, including the 401 Water Quality Certification Application, shall continue to incWde an
itemized listing of the proposed wetland and sheam impacts with corresponding mapping.
7. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The
NCDOT shall address these concems by describing the potential impacts that may occur to the aquatic
enviromnents and any mitigating factors that would reduce the impacts.
8. 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 Resource Policy on the assessment of
secondary and wmulative impacts dated April lQ 2004.
9. The NCDOT is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation
and clearing, and rip rap to jurisdic[ional 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.
10. Where 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
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, the NCDOT
should not install the bridge bents in the creek, to the maximum extent practicable.
I I. Whenever possible, the NCDWR 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 wildiife passage beneath the
strucwre. Fish passage and navigation by canoeists and boaters shall not be blocked. Bridge supports (bents)
should not be placed in the stream when possible.
12. Bridge deck drains shall not discharge directly in[o [he stream. Stonnwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers, etcJ
before entering the sheam. To meet the requirements of NCDOT's NPDES permi[ NCS00025Q please refer to
the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures.
13. Sediment and erosion control measures should not be placed in wetlands or streams.
14. Borrow/waste areas should 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.
l5. 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. To meet [he requiremen[s of NCDOT's NPDES permit NCS000250, please refer to
the most recent version of the North Carolina Department of Transportation Stormwater Best Management
Practices Toolbox manual for approved measures.
16. The DWR cannot comment on permit requirements with the limited information provided. Detailed field
delineation is required to determine the presence or absence ofjurisdictional resources within the project limits.
In addition, NCDOT must provide an estimate to any resources located within the construction 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 the NCDOT and written concurrence &om [he NCDWR. Please
be aware that any approval will be contingent on appropriate avoidance and minimization of wetland and stream
impac[s to the maximum extent practical, the development of an acceptable stormwater management plan, and
the inclusion of appropriate mitigation plans where appropriate.
17. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream watec 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. Concrete shall be
handled in accordance with the NPDES Construction General Permit NCGO10000.
18. If temporary access roads or detours are constructed, the site shall be graded to its prewnstruction 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.
l9. 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 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 downstream of the above structures. 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 during construction, please
contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification
will be required.
20. If muitiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely
as possible including pipes or barrels at ftood 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.
21. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
under General 401 Certification Number 4085/Nationwide Permit No: 6 for Survey Activities.
22. Sediment and erosion control measures sufficient [o 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.
23. All work in or adjacent ro stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags,
rock berms, wfferdams and other diversion structures shall be used to prevent excavation in flowing water.
24. While [he use ofNational Wetland Inventory (NWl) maps, NC Coastal Region EvaWation of Wetland
Sgnificance (NGCREWS) maps and soil survey maps aze useful tools, their inherent inaccuracies require that
qualified personnel perform onsite wetland delineations prior to permit approval.
25. Heary equipment should be operated from the bank rather than in stream channels in order to minimize
sedimentation and reduce the likelihood of introducing other polWtants 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.
26. 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 should be properly designed, sized and installed.
27. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum ex[ent possible. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.
Thank you for requesting our input at this time. The NCDOT is reminded that issuance of a 401 Water Quality
Certification requires that appropriate measures be instiwted to ensure that water quality standards are met and
designated uses are not degraded or lost. If you have any questions or require additional information, please contact
Joanne Steenhuis at (910) 796-7306 orjoanne.steenhuis@ncdenr.gov.
Electronic copy only distribution:
Jim Rerko, NC DOT Division 6 DEO
Liz Hair, US Army Corps of Engineers, Wilmington Field OfSce
Kristi Lynn Carpenter, NCDWR
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