05a_NCS000250_Revised ICA Procedures Memo

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
MEMORANDUM TO:
FROM:
SUBJECT:
January 23, 2012
Division Engineers
Anthony Roper, P.E.
Steve DeWitt, P.E.
Terry Gibson, P.E. T�
State Highway Administrator
Revised Procedures for the ICA Process
EUGENE A. CONTI, JR.
SECRETARY
REVISED COPY
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
Immediate Corrective Action Extension (ICA EX) component and a Continuing Immediate
Corrective Action (CICA) component which is similar to the Continuing Notice of Violation
(NOV) process used by the regulatory agencies. The new ICA process is described below and
outlined on the attached flow chart:
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 will be conducted in five
(5) working days after an ICA is issued. If the follow-up inspection reveals that needed
corrective actions have been satisfactorily completed the ICA will be lifted (removed).
Circumstances may warrant, however, that an ICA remain in effect for an extended
period of time after its issuance. This is the case when corrective work is hampered by
adverse weather, erosion control materials needed for corrective actions are unavailable,
or corrective items on an ICA have been totally neglected or ignored.
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
1536 MAIL SERVICE CENTER
RALEIGH NC 27699-1536
TELEPHONE: [phone]
FAX: [phone]
WEESITe: WWW.NCDOT.GOV
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC

January 23, 2012
Page 2
Immediate Corrective Action Extension (ICA EX) - Should the follow-up inspection
for an ICA reveal that significant progress has been made towards the completion of
needed actions but not enough corrective work has been accomplished to justify lifting
(removing) the ICA, an ICA EX will be issued. The purpose of an ICA EX is to grant
additional time for completion of the remaining erosion control items. When an ICA EX
is issued, a follow-up inspection will be conducted in five (5) working days. If the
follow-up inspection reveals that needed corrective actions have been satisfactorily
completed the ICA will be lifted (removed).(Note: Projects are limited to a
maximum of two (2) ICA EX's.)
Continuine Immediate Corrective Action (CICA) - When any follow-up inspection
reveals that little or no progress has been made towards the completion of necessary
corrective actions or additional corrective actions are now needed to bring the project
into compliance a CICA may be issued. The purpose of a CICA is to alert Project,
Division and NCDOT management that there has been an inadequate response to an
ICA, the project now poses a higher risk for offsite sedimentation damage, and
detrimental effects to the environment are imminent. When a CICA is issued, a follow-
up inspection will be conducted every five (5) working days until the corrective actions
identified as needed in the ICA and/or follow-up inspection report(s) have been
satisfactorily completed.(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
Attachment
cc: Jon G. Nance, P.E., Chief Engineer
Ricky E. Greene, Jr., P.E., Director of Asset Management
Don G. Lee, CPESC, State Roadside Environmental Engineer
Ron A. Hancock, P.E., State Construction Engineer
Mell Nevils, P.E., NCDENR — Division of Land Resources, Section Chief

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