NCDOT 7-98 Department of the Army 8/6/1999

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1 1 �� DEPARTMENT OF THE ARMY
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P.O. BOX 1890
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IN REPLY REFER TO August 6, 1999
Regulatory Division
Action ID: 199502334 PFCEIVED
AUG 1 7 1999
COASTAL MANAGEMENT
Mr. William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201
Dear Mr. Gilmore:
This correspondence confirms that on July 28, 1999, Messrs. Michael Bell and Tom
Walker of my Regulatory Division staff conducted an inspection of the bridge
construction site associated with the North Carolina Department of Transportation's
(NCDOT) Manteo Bypass project, TIP R-2551, in Dare County, North Carolina. Also
in attendance were Mr. Frank Jennings of the North Carolina Division of Coastal
Management and Messrs. Pablo Hernandez, Lindsey Riddick, and Chuck Brown of your
staff. The purpose of the inspection was to confirm that NCDOT was removing jetting
spoil deposited around bridge bents in conformance with agreements between the
agencies and with permit conditions.
The Department of the Army (DOA) permit issued for this project, Action ID No.
199502334, included the following conditions:
(s.) The permittee will require the contractor to utilize temporary bridge accesses
during construction of the permanent bridge through estuarine marsh, as identified by a
representative of the Washington Regulatory Field Office (CE), at the Croatan Sound
approaches to minimize impacts to high quality ecosystems.
(u.) The temporary placement or double handling of excavated or fill materials
within waters or wetlands is not authorized.
My staff's inspection revealed that NCDOT had constructed a temporary haul road
through estuarine marsh. They also discovered that NCDOT had temporarily stockpiled
the spoil material into adjacent marsh and then transferred the material to high ground.

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These activities are in clear violation of the permit conditions, and bear no resemblance
to the construction techniques discussed with and approved by my Regulatory staff in
discussions with NCDOT staff(see attached memorandum). These activities constitute
a violation of Section 301 of the Clean Water Act (33 USC 1311).
Accordingly, you are hereby ordered to cease and desist from all activities associated
with this project within waters of the United States, including wetlands. This cease and
desist will not be lifted until we have had the opportunity to meet with you and can be
assured that all meaningful steps have been taken by NCDOT to ensure that its
employees charged with construction of this project are aware of the permit conditions,
and the importance of adhering to them. A meeting has been scheduled for August 10,
1999 at 3 p.m. in Raleigh, North Carolina, at our Raleigh Regulatory Field Office, for
that purpose.
Any questions regarding this matter may be addressed to Mr. David Franklin at
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Copies Furnished:
United States Attorney Mr. William L. Cox, Chief
Eastern District of North Carolina Wetlands Section- Region IV
310 New Bern Avenue Water Management Division
Suite 800, Federal Building U.S. Environmental Protection Agency
Raleigh, North Carolina 27601 61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Hefner
U.S. Fish and Wildlife Service Mr. Larry Hardy
Fish and Wildlife Enhancement National Marine Fisheries, NOAA
Post Office Box 33726 Habitat Conservation Division
Raleigh, North Carolina 27636-3726 Pivers Island
Beaufort, North Carolina 28516

Regional Director
National Marine Fisheries Services, NOAA
Southeast Regional Office
9721 Executive Center Drive NORTH
Saint Petersburg, Florida 33702
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment,
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Wetlands and Aquatic Plants
4401 Reedy Creek Road
Raleigh, North Carolina 27607
District Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 U.S. 17 South
Elizabeth City, North Carolina 27909
Mr. Floyd Williams
Division of Land Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889