HomeMy WebLinkAbout20191006 Ver 1_I-3819B NOD Trackhoe in creek and wetland 5.18.2020_20200522 (2)DocuSign Envelope ID: 93D964EF-043B-4EB9-B4F4-E1B318F55D77
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
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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