20191006 Ver 1_I-3819 B 2020-06-25 NCDOT Response to NOD_20200626

,gsr�re.,
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
June 25, 2020
Ms. Amy Chapman
Transportation Permitting Unit, Supervisor
NCDENR, Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Notice of Deficiency NOD-2020-PC-0222
Dear Ms. Chapman:
J. ERIC BOYETTE
SECRETARY
In reference to the above noted Notice of Deficiency (NOD) issued by letter dated May 22,
2020 the Department offers the following response as requested in your letter.
On Monday, May 18, 2020, upon arrival of our personnel to the project site, the contractor,
Lane Construction Corporation, informed us of an issue that occurred over the weekend.
An equipment operator for the contractor had reported to work over the weekend and
attempted to re -position crane mats adjacent to a wetland area of the project, noted on the
permit drawings as Site 5. The operator was using a tracked excavator and managed to get
the piece of equipment into the wetland area and became stuck in the wet soils. The
operator continued unsuccessfully to free the equipment from the wetland and ultimately
informed Lane management of the issue on the morning of May 18, 2020 who immediately
informed the Department. The operator was not authorized to perform this work, reported
to work without advising supervision, and independently made the decision to work alone.
The operator's actions were not in compliance with the contractor's policies and the work
methods were contradictory to how operations are handled in environmentally sensitive
areas of the project. The operator's employment with the contractor was terminated after
an investigation of the incident.
There was no Department personnel present during the time the incident occurred nor were
we notified of any work to be performed in this area of the project. Our technicians are
trained on best management practices and permit requirements sufficient to recognize non-
compliance issues especially of this extent and would have taken measures to stop or
eliminate damage to the wetland had they been present. We also believe that Lane
Construction's personnel are cognizant of these requirements as well, excluding this
particular operator.
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Website: ncdot.gov
Location:
1000 BIRCH RIDGE DRIVE
RALEIGH NC 27610

Lane Construction mobilized resources to recover the excavator and restore the area to the
extent possible prior to the impending rain events predicted for the following days. Efforts
were also made to establish protective measures around the site such as temporary matting,
temporary berm, and reestablished the stream channel to prevent further damages to the
wetland area.
The NCDOT and Lane Construction have demonstrated commitment to perform work on
this project in accordance with the environmental permit requirements and in accordance
with the Best Management Practices for Construction and Maintenance Activities.
Please see the following comments pursuant to your response request:
Assessment of additional stream impacts and wetland impacts beyond the permitted
boundaries.
We have surveyed the impacted area and compared to the area permitted for Site 5.
A total of 0.23 acre of wetland was temporarily impacted, and a total of 37 linear
feet of stream was temporarily impacted beyond the permitted boundaries.
the removal of the trackhoe.

• A wetland restoration plan with monitoring that includes all areas not authorized to
be impacted.
See attachment
Training for all equipment operators on I-3819B.
Lane Construction conducted training for all field employees on June 10, 2020. Mr.
Casey Hurley with Lane Construction conducted the training. The training session
covered incident review and prevention, review of permit project specific and
general conditions, review of stream crossings, and erosion control review. The
training was attended by Ms. Donna Hood, Mr. Matthew Evans, Mr. Jeff Wyatt and
other NCDOT staff.
The Department regrets that this issue occurred on this project. It clearly was not an
intentional action by the contractor, but an action by an insubordinate employee without
understandable reason. It is our intention to ensure that this area is restored to satisfactory

condition and future work continues to remain in compliance with the permit requirements
for this project. Please advise if further information is requested. We understand that
Lane Construction will also provide a response to this notice.
Sincerely,
EpDocuSigned by:
Lur S. aovis) «�
8CV43F6874A457...
Philip S. Harris III, P.E., CPM
Environmental Analysis Unit Head
Electronic copies only:
Mark Stafford, P.E.
Larry S. Carpenter, Jr., PE
Matthew Evans, P.E.
Eric Alsmeyer
Jeff Wyatt

Wetland Restoration Plan
At Permit Site 5
For I-40/I-77 Interchange Improvements
Iredell County
TIP No. I-3819B
June2020
Lane Construction performed on -site restoration of temporary wetland and stream impacts at Permit
Site 5 for the I-40/I-77 interchange improvements (TIP No. I-381913). The restoration mitigated
unauthorized impacts of approximately 0.23 acre of temporary impacts to wetland WD and 77 linear
feet of temporary impacts to stream SJ that occurred during the construction phase of the I-3819B
project.
The restoration site is located just upstream of where the new two-lane bridge will cross wetland
WD and stream SJ. It is also upstream of 40 linear feet of permitted temporary impacts to stream SJ
for a temporary pipe that was eliminated and is no longer required for site access. Lane Construction
will restore 0.23 acre of wetland WD, including 0.15 acre of temporary impacts from the mired
trackhoe, 0.03 acre of temporary impacts from sediment deposition, and 0.05 acre of temporary
impacts for site access, and restore 77 linear feet of stream SJ (40 linear feet of temporary impacts
to stream SJ were previously permitted, therefore the restoration of 77 linear feet of temporary
impacts results in a net increase of 37 linear feet of temporary impacts that were not previously
permitted).
EXISTING CONDITIONS
The restoration project is located in Iredell County, approximately 0.25 miles south of I-40 and 0.06
miles to the west of I-77 southbound, near the I-40/I-77 interchange and adjacent to the new two-
lane ramp bridge currently under construction. In the Natural Resources Technical Report (NRTR)
memorandum dated July 10, 2018, wetland WD was identified as a medium quality riverine swamp
forest per the North Carolina Wetland Assessment Method (NCWAM). Based on a June 1, 2020 site
visit, in the intact portion of wetland WD near the impacted area, vegetation is primarily herbaceous
and is dominated by giant goldenrod (Solidago gigantea), arrowleaf tearthumb (Polygonum
sagittatum), barnyardgrass (Echinochloa crus-galli), dallisgrass (Paspalum dilatatum), and fall
panicgrass (Panicum dichotomiflorum), with black willow (Salix nigra), and boxelder (Acer
negundo) saplings further from the stream. Prior to the unauthorized disturbance, the area of impacts
in wetland WD was similar to the adjacent wetland area, with herbaceous vegetation as the dominant
stratum closer to the stream and tree and shrub saplings occurring further upslope.
Stream SJ is identified as a perennial upper tributary of Fourth Creek. The stream channel upstream
of the area of unauthorized temporary impacts is approximately 1 to 2 feet wide at the channel bottom
and top of bank JOB), the bank height is approximately 4 to 6 inches, and the bed substrate is silt
and clay. The stream channel downstream of the area of temporary unauthorized impacts is

approximately 2 to 3 feet wide at the channel bottom, 3 to 4 feet wide at TOB, the bank height is
approximately 2 to 3 feet, and the bed substrate is silt and clay.
Since the unauthorized temporary impacts, the machinery has been removed and the disturbed
ground surface of the wetland has been restored to the pre -impact contours. Erosion control matting
has been laid down along the banks of the stream and over disturbed portions of the wetland. The
stream channel and banks have also been regraded. On June 3, 2020, Lane Construction met on -site
with Donna Hood with NCDWR and Matthew Evans with NCDOT to inspect the restoration areas
and review the progress of restoration activities.
PROPOSED CONDITIONS
Design
The proposed wetland mitigation will consist of restoring 0.23 acre of riverine wetland in wetland
WD. Regrading to pre -impact contours, rebuilding the natural berm adjacent to the stream that
existed previously, and the placement of erosion control matting have already occurred as part of the
wetland restoration activities in the 0.15 acre of temporary impact area from the trackhoe. Sediment
has been removed from the 0.03-acre area that experienced temporary sediment deposition outside
of the trackhoe disturbance. No regrading or erosion control matting is being proposed in the 0.03-
acre area or the 0.05-acre temporarily impacted for site access. Native grass seeding and mulching
will be used to restore all temporarily impacted wetland areas.
The proposed stream restoration will consist of restoring 77 linear feet of perennial stream SJ. The
stream banks have been regraded and stabilized with erosion control matting as part of the stream
restoration activities. Lane Construction attempted to match the restored channel to pre -impact cross
sectional area. This area is represented in the attached as -built cross section that depicts survey data
collected by Lane Construction on June 1, 2020. A plan view of the restoration areas and detail of
the erosion control matting area are also attached.
Vegetation Planting
Native wetland grass seeding and mulching will be performed on all disturbed areas within the
wetland and stream bank restoration area for stabilization purposes according to guidance and
standard procedures of NCDOT's Roadside Environmental Unit (Appendix A).
MONITORING
Upon completion of the restoration activities, the following monitoring strategy is proposed for the
mitigation site. Lane Construction will document monitoring activities over the course of one year
on the site, with monitoring site visits occurring once in the fall of 2020 and once in the spring of
2021. A report following the completion of each monitoring site visit will be submitted to the
regulatory agencies. The need for additional monitoring of the restored areas will be evaluated after
one year of monitoring.

Lane Construction will monitor the wetland and stream bank restoration site for survival and aerial
cover of vegetation by visual observation and photo points. Lane Construction shall monitor the site
for one year. Additional monitoring will only occur if the restoration project does not meet the
success criteria (see below), in which case a supplemental plan will be developed. Monitoring will
begin in the fall of 2020 to allow for establishment of vegetation from the site seeding.
No specific wetland hydrological monitoring is proposed for this wetland restoration site. The target
elevation was based on pre -impact wetland elevation data which will ensure the hydrology in the
restored area is similar to the hydrology in the adjacent wetland area.
For the stream restoration, visual observations of bank stability will be documented and photographs
will be taken in the restored stream segment and at upstream and downstream reference locations
during monitoring site visits.
Success Criteria
Success criteria will include the following:
• 85% total cover of herbaceous species after one year following completion of the restoration
activities.
• No disruption of erosion control matting or substantial bank erosion.

Appendix A. NATIVE GRASS SEEDING AND MULCHING:
Native Grass Seeding and Mulching shall be performed on the disturbed areas of wetlands and
riparian areas, and adjacent to Stream Relocation and/or trout stream construction within a 50 foot
zone on both sides of the stream or depression, measured from top of stream bank or center of
depression. The stream bank of the stream relocation shall be seeded by a method that does not alter
the typical cross section of the stream bank. Native Grass Seeding and Mulching shall also be
performed in the permanent soil reinforcement mat section of preformed scour holes, and in other
areas as directed.
The kinds of seed and fertilizer, and the rates of application of seed, fertilizer, and limestone, shall
be as stated below. During periods of overlapping dates, the kind of seed to be used shall be
determined. All rates are in pounds per acre.
August 1 - June 1
18# Creeping Red Fescue
8# Big Bluestem
6# Indiangrass
4# Switchgrass
35# Rye Grain
500# Fertilizer
4000# Limestone
May 1— September 1
18# Creeping Red Fescue
8# Big Bluestem
6# Indiangrass
4# Switchgrass
25# German or Browntop Millet
500# Fertilizer
4000# Limestone
Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-
2 ratio is maintained and the rate of application adjusted to provide the same amount of plant food
as a 10-20-20 analysis and as directed.
Measurement and Payment
Native Grass Seeding and Mulching will be measured and paid for in accordance with Article
1660-8 of the Standard Specifications.

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LEGEND
DENOTES TEMPORARYwzejz" �
FILL IN WETLAND
ww DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
KYIIFI DENOTES FILL IN
WETLAN D 1
DENOTES MECHANIZED 1
CLEARING T
DENOTES HAND
CLEARING
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
�r ELEVATIONS AND MONITORED
ACCORDING TO THE ATTACHED
-,RESTORATION PLAN (0.15 AC)
SEE COIR 11( FIBER MATTING DETAIL
ILI W1 SEE CROSS Y 1
SECTION PLOT 1 T
(THIS SHEET` 1
LIMITS OF PERMITTED
�(HAND CLEARING
/ `IMPACTS /
1001 Morehead Square Dr., PROJECT REFERENCE NO.
Suite 610, Charlotte, NC 28203 1-38198
• • • NC LIC NO. F-0165
RNV SHEEP NO.
ROADWAY DESIGN
Q
SJ & WD ENGINEER
F RESTORATION PLAN
z
r �
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
ELEVATIONS AND MONITORED DOCUMENT NOT CONE
T UNLESS ALL SIGNATUR
ACCORDING TO THE ATTACHED
RESTORATION PLAN (0.03 AC)
j 1 COIR FIBER MATTING TO BE PLACED IN THE LARGER
.-) L
TEMPORARY TO BE RESTORED AND MONITORED _ T
F ACCORDING TO THE ATTACHED
RESTORATION PLAN (77 LF) 1 ��
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT T
ELEVATIONS AND MONITORED
ACCORDING TO THE ATTACHED
RESTORATION PLAN
(0.05 AC)
�T
LIMITS OF PERMITTED
HAND CLEARING
IMPACTS
KtJIUKAIIUN AKtA; AUJAC,tNI IU Irit JIKtIC
IATTFENCN ANCHOR TRENCH
ON 1 CENTERS
ANCHOR OVERLAP
ON I CENTERS
AHCMOR5 ON
3 CENTERS
DIRECTION
OF FLOW
—ANCHORS
6" OVERLAY(MIN)
PLAN VIEW
RESTORE DISTURBED
BANKS AND OVERBANKS
TO PRE IMPACT ELEVATIONS
VARIES
COIR FIBER
MATTING
EXTEND COIR FIBER
BACKFILL MATTING TO LIMITS
OF WETLAND IMPACT
ANCHORS ON
3 CENTERS
8" MIN.
A)ICHORS ONE 'ND.BACKFILLED..
I CENTERS
2" x 2" (nominal)
WOODEN STAKE
24"
#4 STEEL
REINFORCEMENT BAR
I" (nominal)
STAPLE
12 11
ANCHOR OPTIONS
STREAM BED
NOTES:
TYPICAL CROSS SECTION I) IN AREAS TO BE MATTED, ALL SEEDING, SOIL
AMENDMENTS, AND SOIL PREPARATION MUST BE
COMPLETED IN ACCORDANCE WITH THE PROJECT
SPECIFICATIONS PRIOR TO PLACEMENT OF COIR
FIBER MATTING.
2) REBAR OR STAPLES DAY BE USED IN PLACE OF
COIR FIBER MATTING DETAIL
WOODEN STAKES AS DIRECTED BY THE ENGINEER.
NOT TO SCALE
10 5 0 10 20
Y 780
PLAN
779
F 778 A BUILT CROSS SECTION
APPROXIMATELY MATCHES
PRE —IMPACT ONDITIO S*
C 777
776
775
774
773
772
771
C 770
—25 —15 —5 (0) 5 15 25
CROSS SECTION A -A
"::4 VERT 1":20 H RIZORI ((11W))
�•�•�/` 1":4' VERT 1":20' HORIZ (11x17)
*SITE GRADING APPROVED BY NCDEQ REPRESENTATIVE
DURING FIELD OBSERVATION

0
LEGEND
DENOTES TEMPORARY
wzejz" FILL IN WETLAND
W�F DENOTES TEMPORARY
IMPACTS IN SURFACE WATER
KYIIFI DENOTES FILL IN
WETLAN D
DENOTES MECHANIZED \
CLEARING
DENOTES HAND
CLEARING
�TEMPORARY WETLAND IMPACTS
'� ELEVATIONS MONITORED
TO BE RESTORED TO PRE —IMPACT
ACCORDING TONTTHE ATTACHED--,
-,RESTORATION PLAN (0.15 AC)
SEE COIR FIBER MATTING DETAIL
v �
-L
SEE CROSS
SECTION PLOT
His SHEET
-)t-- TEMPORARY STREAM IMPACTS
TO BE RESTORED AND MONITORED
F ACCORDING TO THE ATTACHED
RESTORATION \\'PLAN (77LF)
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
ELEVATIONS AND MONITORED
ACCORDING TO THE ATTACHED
RESTORATION PLAN
(0.05 AC)
�1
D T / D
LIMITS OF PERMITTED
HAND CLEARING
IMPACTS
LIMITS OF PERMITTED
HAND CLEARING
IMPACTS /
N
1001 Morehead Square Dr., PROJECT REFERENCE NO.
Suite 610, Charlotte, NC 28203 1-38198
/ • • • /1 NC LIC NO. F-0165
RNV SHEET NO.
� ROADWAY DESIGN HYD
Q
SJ & WD ENGINEER ENI
F RESTORATION PLAN
z
r
TEMPORARY WETLAND IMPACTS
TO BE RESTORED TO PRE -IMPACT
ELEVATIONS AND MONITORED DOCUMENT NOT CONSIOE O
T UNLESS ALL SIGNATURES COI
ACCORDING TO THE ATTACHED
� RESTORATION PLAN (0.03 AC)
1 COIR FIBER MATTING TO BE PLACED IN THE LARGER
6" OVERLAY(MIN)
PLAN VIEW
RESTORE DISTURBED
BANKS AND OVERBANKS
TO PRE IMPACT ELEVATIONS
VARIES
COIn FIBER
MATTING
6
E%TEND COIR FIBER
BACK FILL MATTING TO LIMITS
OF WETLAND IMPACT
ANCHORS ON
3 CENTERS
B" MIN.
A)ICHORS ONE 1 BACKFI....
7 CENTERS
2" x 2" (nominal)
WOODEN STAKE
24"
#4 STEEL
REINFORCEMENT BAR
I" (nominal)
STAPLE
12
11
ANCHOR OPTIONS
STREAM BED
NOTES:
TYPICAL CROSS SECTION I) IN AREAS TO BE MATTED, ALL SEEDING, SOIL
AMENDMENTS, AND SOIL PREPARATION MUST BE
COMPLETED IN ACCORDANCE WITH THE PROJECT
SPECIFICATIONS PRIOR TO PLACEMENT OF COIR
FIBER MATTING.
2) REBAR OR STAPLES MAY BE USED IN PLACE OF
COIR FIBER MATTING DETAIL
WOODEN STAKES AS DIRECTED BY THE ENGINEER.
NOT TO SCALE
10 5 0 10 20
PLAN
779
O778
777
776
775
774
i —25 —15 —5 (0) 5 15 25
CROSS SECTION A -A
1":2' VERT 1":10' HORIZ (22x34)
71 1":4' VERT 1':20' HORIZ (11W)
*SITE GRADING APPROVED BY NCDEQ REPRESENTATIVE
DURING FIELD OBSERVATION