C_NCS000250_Revised ICA Policy Memo dated 1-23-2012

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
MEMORANDUM TO:
FROM:
January 23, 2012
Division Engineers
Anthony Roper, P.E.
Steve DeWitt, P.E.
Terry Gibson, PE
State Highway Administrator
SUBJECT: Revised Procedures for the ICA Process
EUGENE A. CONTI, JR.
SECRETARY
We have revised procedures for the Immediate Corrective Action (ICA) process to
improve communication and provide clarity for our environmental compliance efforts.
Our Erosion Control Program has been successful and it is critical that we continue to
make necessary improvements to protect the environment and ensure timely delivery of
our construction and maintenance programs.
These minor revisions to the ICA process will become effective March 1, 2012. The
intent of these changes is to streamline the ICA process and to identify projects where we
have continuing difficulty maintaining environmental compliance. Changes include the
implementation of an hmmediate Corrective Action Extension (ICAEX) component and a
Continuing Immediate Corrective Action (CICA) component which is similar to the
Continuing NOV process used by the regulatory agencies. The new ICA process is
outlined as follows:
Immediate Corrective Action (ICA) - An ICA will be issued when an erosion
control inspection reveals that a project is in violation of the Sedimentation
Pollution Control Act and/or the NPDES permit and is given an overall grade of 6
or below. Once issued, the ICA status will remain in effect until corrective
actions have been satisfactorily implemented. To ensure that compliance with the
Sedimentation Pollution Control Act and/or the NPDES Permit is regained, a
follow-up inspection is conducted within five (5) working days after an ICA is
issued.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
1536 MAIL SERVICE CENTER
RALEIGH NC 27699-1536
TELEPHONE: [phone]
FAX: [phone]
WEesim, WWWWWOTGOV
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH W RMINGTON STREET
RALEIGH NC

January 23, 2012
Page 2
Immediate Corrective Action Extension (ICAEX) - Circumstances may warrant
that an ICA remain in effect for an extended period of time after its issuance. If
the follow-up inspection for the ICA reveals corrective actions are progressing
but are not sufficient to justify lifting (removing) the ICA, an ICAEX will be
issued. (Note: Projects are limited to only two (2) ICAEXs. If corrective actions
are still not complete at the time of the follow-up inspection for the second
ICAEX, a Continuing Immediate Corrective Action (CICA) will be issued).
Continuing Immediate Corrective Action (CICA) - A CICA is issued when the
follow-up inspection for a second ICAEX reveals that little or no progress has
been initiated or additional corrective actions are needed to bring a project into
compliance. (Note: the CICA component replaces the Repeat ICA on the
Performance Dashboard Appraisal (PDA) environmental compliance metric for
various positions).
Environmental compliance is a critical component of program delivery and is a
performance measure for which we are held accountable. In order to meet our
environmental commitments, the Department's construction and maintenance activities
must be performed in a manner that not only protects, but enhances the state's natural
resources.
It is my expectation that we will take appropriate actions to prevent work suspensions and
NOV's. Suspension of operations on a project should not become necessary if all parties
are committed to fulfilling the Department's obligation to environmental compliance and
stewardship.
If you have any questions or need additional information, please contact Don Lee, State
Roadside Environmental Engineer at [phone].
TRG/dgl
cc: Jon G. Nance, PE, Chief Engineer
Ricky E. Greene, Jr., PE, Director of Asset Management
Don G. Lee, CPESC, State Roadside Environmental Engineer
Ron A. Hancock, PE, State Construction Engineer
Mell Nevils, PE, NCDENR — Division of Land Resources, Section Chief