NCDOT 88-96 Correspondence 6/17/1997

'4'j
\ \
• o.r Op .tt;.rni'q..
�`'� �� DEPARTMENT OF THE ARMY , r ``',
e 2 WILMINGTON DISTRICT CORPS OF ENGINEERS / li . Nt r
a�
50 yr
o P.O.BOX 1890 r
WILMINGTON,NORTH CAROLINA28402 1890 �;�•o.7•M•
Teo S�nrzs\144,44,...e..):9
REPLY TO ''hil.motto\'
ATTENTION OF
June 17, 1997
Regulatory Branch
ACTION ID 199705795
Dr. Larry Goode, P.E. RECEIVED
State Highway Administrator
North Carolina Department of Transportation JUN 18 1997
Post Office Box 25201
Raleigh, North Carolina COASTAL MANAGEMENT
Dear Dr. Goode:
This correspondence serves to confirm a June 13, 1997, telephone conversation between
Mr. David Moye of the North Carolina Division of Coastal Management (DCM) and Messrs.
David Lekson, and Tom Walker of my Washington Regulatory Field Office staff. As a result
of our ongoing coordination with the DCM, we have learned that the North Carolina
Department of Transportation (NCDOT) is responsible for the violation of the terms and
conditions contained within Department of the Army (DA) Permit (AID 199400991), issued to
you on August 7, 1996. This approval authorized the discharge of fill material into 16.2 acres
of jurisdictional wetlands and into 0.22 acres of jurisdictional open waters of the United States
adjacent to the waters of the Chowan River, Pembroke Creek, and their unnamed tributaries,
in association with the widening of 9.3 miles of U.S. 17, including replacement of the bridges
over the Chowan River and Pembroke Creek (TIP Nos. R-2512A and R-2512B, State Project
No. 8.T010602).
Your DA permit was subsequently modified on January 29, 1997. This amendment
authorized "The installation of a temporary metal sheet pile retaining wall to be located above
the wetland/high ground intersection and which parallels the shoreline of the Chowan River in
order to facilitate the movement of equipment from the sunken barge platforms directly onto
the temporary haul road which parallels the land trestle on the east side of the Chowan River."
Information provided to us by the DCM revealed that the sheet metal pile retaining wall
had been constructed approximately 10 linear feet below the wetland/high ground intersection
and the associated backfill material had been discharged within standing water jurisdictional
wetlands in non-compliance with the terms and conditions of your permit. This information
was verified on June 16, 1997, during an onsite inspection of the work site, conducted by
Messrs. Mike Bell and Tom Walker of my regulatory staff and Mr. Randy Turner of your
staff. In accordance with onsite discussions and guidance provided to my staff, via mobile
CERTIFIED MAIL-RETURN RECEIPT REQUESTE73
Printed on ." Recycled Paper

-2-
telephone, it was agreed that this issue will be resolved by the immediate removal of the sheet
pile retaining wall and all associated fill material from the jurisdictional wetland area and
restoring the adversely affected wetlands to their pre-project condition. The wall will then be
reconstructed at the previously approved location located at the wetland/high ground
intersection and all associated fill material will be located landward of the reconstructed wall.
In accordance with the estimates provided by your staff and the contractor, I would expect this
restoration effort to be satisfactorily completed no later that June 19, 1997. At that time, we
will again inspect this work site. If this inspection reveals that you have satisfactorily restored
the wetlands, I will close your file with no further enforcement action. You are cautioned that
a failure to complete the required restoration in accordance with these requirements may result
in the referral of this matter to the Assistant U.S. Attorney with a recommendation for
appropriate action.
Any questions regarding this matter may be addressed to Mr. Mike Bell at the Washington
Regulatory Field Office, Post Office Box 1000; Washington, North Carolina 27889-1000,
telephone [phone], extension 26.
Sincerely,
\,z4.,,_4
\\''_
Michael D. Smith, PWS
Chief, North Section
Regulatory Branch

-3-
Copies Furnished:
United States Attorney Regional Director
Eastern District of North Carolina National Marine Fisheries Services, NOAA
310 New Bern Avenue Southeast Regional Office
Suite 800, Federal Building 9721 Executive Center Drive, North
Raleigh, North Carolina 27601 Saint Petersburg, Florida 33702-2432
Mr. John Hefner Mr. John Parker
U.S. Fish and Wildlife Service Division of Coastal Management
Fish and Wildlife Enhancement orth Carolina Department of
Post Office Box 33726 E .viro ent, Health, and Natural
Raleigh, North Carolina 27636-3726 s s rces
Post 6 flee Box 27687
Mr. Larry Hardy Raleigh, North Carolina 27611-7687
National Marine Fisheries Service
Pivers Island Mr. Terry Moore, Manager
Beaufort, North Carolina 28516 Division of Coastal Management
North Carolina Department of
Mr. Lee Pelej Environment, Health, and Natural
Wetlands Regulatory Section-Region IV Resources
Wetlands, Oceans and Watersheds Branch 943 Washington Square Mall
U.S. Environmental Protection Agency Washington, North Carolina 27889
Atlanta Federal Center
100 Alabama Street, S.W. State Property Section
Atlanta, Georgia 30303 North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603