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Home My WebLink About20191006 Ver 1_I-3819B NOD Trackhoe in creek and wetland 5.18.2020_20200522DocuSign Envelope ID: 93D964EF-043B-4EB9-B4F4-E1B318F55D77 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Err0MF1rh#1tf4kI Quarlry Mr. Philip S. Harris, III, P.E., CPM Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: NOTICE OF DEFICIENCY NOD-2020-PC-0222 May 22, 2020 The Lane Construction Corporation CT Corporation System, Registered Agent 160 Mine Lake Court, Ste 200 Raleigh, NC 27615 North Carolina Department of Transportation and The Lane Construction Corporation NCDWR Project No. 20191006 TIP I-3819B Iredell County Dear Mr. Harris and Mr. Seybert: On May 18, 2020, Donna Hood of the North Carolina Division of Water Resources (NCDWR) Mooresville Regional Office conducted an on -site inspection of project TIP I-3819B, I-77/I-40 Interchange improvements, in Iredell County. In addition to NCDWR staff, many NC DOT staff and many Lane Construction staff were also present during the inspection and their time and assistance is greatly appreciated. Observations made during the inspection are summarized below: Nature of the Observation Feature Type/Name Location Affected Area T(approximate) 320 Caterpillar trackhoe stuck in the stream and wetland UT to FourthCreek Site 5 0.1 acre, 40 feet Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff revealed that the violation occurred as a result of a Lane Construction crane operator performing unapproved work over the weekend of May 16t' and May 17t' unbeknownst to anyone on site. The violation was discovered first thing Monday morning, May 18, 2020 and reported to NC DWR at 8:20 am that morning. The piece of heavy equipment (320 Caterpillar trackhoe) was mired in the stream and wetland complex at Site 5, as pictured below. All resources were gathered and used as soon as possible, but the trackhoe was not removed until approximately 4:15 pm because it was so imbedded in the wetland soils. Lane Construction crews worked until the equipment was free and later in the rain to attempt to restore the area before forecasted heavy rains arrived. D_ E North Carolina Department of Environmental Quality I Division of Water Resources r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 93D964EF-043B-4EB9-B4F4-E1 B318F55D77 e-�jQE North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 93D964EF-043B-4EB9-B4F4-E1B318F55D77 The actions described above led to the violation(s) of the following North Carolina Administrative Code(s) governing wetlands and streams: The unauthorized entry of heavy equipment and fill to jurisdictional wetlands is a violation of Wetland Standards Title 15A North Carolina Administrative Code 02B .0231 (b), which states: (1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse impacts on existing wetland uses; (5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (c) The chemical, nutrient and dissolved oxygen regime of the wetland; (d) The movement of aquatic fauna; (f) Water levels or elevations The removal of the best usage in an unnamed tributary of Fourth Creek, which is jurisdictional waters of the State and has a classification of C, is a violation of Title 15A North Carolina Administrative Code 02B .0211 (2), which states: "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be considered to be violating a water quality standard." The discharge of other wastes and/or sediment into an unnamed tributary of Fourth Creek, a jurisdictional water of the State, is a violation of Title 15A North Carolina Administrative Code 02B .0211 (3)f, which states: "Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses." Our records indicate that the NCDOT submitted a Pre -Construction Notification (PCN) on July 23, 2019. The impacts were requested under U.S. Army Corps of Engineers Individual Permit: SAW- 2018-01504, and the corresponding General Water Quality Certifications. The NCDWR issued an approval letter allowing the impacts on November 19, 2019 with the first amendment dated January 30, 2020, NCDWR project number 20191006, Individual Certification WQC004203. The approval letter specifies that the activities must adhere to the conditions listed in the General Water Quality Certifications, as well as additional conditions listed in the letter. Special Condition(s) 2 and 7, General Conditions 7, 8, and 25 of the approval letter states the following: 1. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices for Construction and Maintenance Activities. [I 5A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)] 2. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into position and then sunk. The barges shall not be sunk and then dragged D_ E North Carolina Department of Environmental Quality I Division of Water Resources r� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 93D964EF-043B-4EB9-B4F4-E1B318F55D77 into position. Under no circumstances should barges be dragged along the bottom of the surface water. [I 5A NCAC 02H .0506(b)(3) 3. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)] 4. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 5. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3) Accordingly, you are directed to respond to this letter in writing within 21 calendar days of receipt of this notice. Your response shall include the following: • Assessment of additional stream and wetland impacts beyond permitted boundaries • Pictures of restored area after the removal of the trackhoe • A wetland restoration plan with monitoring that includes all areas not authorized to be impacted • Training for all equipment operators on I-3819B Your response should be sent to this office: NCDEQ, Division of Water Resources c/o Ms. Amy Chapman 1617 MSC Raleigh, NC 27699-1617 Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties. If you have any questions or require any additional information, please contact Donna Hood at (704) 682- 2838 or donna.hood@ncdenr.gov or myself at (919) 707-3871 or Amy.Chapman@ncdenr.gov. Sincerely, DOCUSigned by: 44PW1.l. 9C9886312DCD474... Amy Chapman, Supervisor Transportation Permitting Unit North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an— a L " �� 919.707.9000 DocuSign Envelope ID: 93D964EF-043B-4EB9-B4F4-E1B318F55D77 Electronic copies only: Monte Matthews, US Army Corps of Engineers Eric Alsmeyer, US Army Corps of Engineers Jeff Wyatt, NCDOT, Acting Division 12 Environmental Officer Matthew Evans, NC DOT Division 12 Resident Engineer Mark Stafford, NC DOT Division 12 Engineer Jim Seybert, Lane Construction Marla Chambers, NC Wildlife Resources File Copy North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 an— a L " �� 919.707.9000