20071823 Ver 1_Site Inspection_20101103 (2)

14CDE R
North Carolina Depariment of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 3, 2010
I
MEMORANDUM
i
To Art King, Division Environmental Officer, NCDOT Division 8
From: Mason Herndon, NCDWQ, Fayetteville Regional Office
Subject: Site Visit Follow-up
TIP No. R-25028
Richmond County
O-7 - ( 8 Z 3
G?
Dee Freeman
Secretary
This memo is a follow-up to our site visit of the US 1 widening and bridge replacement project in
Richmond County on October 19, 2010. Ronnie Smith with the U.S. Army Corps of Engineers was also
present at this visit.
The following items were found not to be in compliance with your 401 permit (DWQ Project 20071823) at
Site 9 and need to be addressed immediately:
Safety fence had not been maintained and was missing in several locations along the permitted area.
j DWQ request that safety fence be reinstalled in the appropriate locations and maintained
throughout the construction of this project in accordance with Condition 11 of your permit.
A work bridge had been permitted for the construction of the bridge structure at this location. Upon
inspection we noted that the work was being performed on timber mats rather than a work bridge. You
stated, and it was later verified by the USACE that Richard Spencer, with the USACE had approved the
use of timber mats in lieu of the work bridge via e-mail; however there is not record showing that this had
been coordinated with DWQ. DWQ request that NCDOT provides any records that show that this
change in construction technique and temporary impact was coordinated with this agency. If
NCDOT has no record of such coordination, we request that NCDOT provides a detailed
explanation of why timber mats were used in lieu of a temporary work bridge and why this
modification was not coordinated with this agency.
Excavation and discharge of material was taking place in this area which was permitted for hand clearing
only. In addition construction equipment and materials were located off the timber mats in the adjacent
wetlands, which is not in compliance with Condition 13 of your permit. Based upon our conversation with
the contractor, excavation was required at each bent in order to install the form work for construction of
the caps at each bent. This activity was not authorized in the 401 issued for this project by this agency.
DWQ request that all earthen material discharged into this site, including the erodible material
placed on the timber mats, be removed and placed in an upland stock pile site. All construction
equipment and material needs to be removed from the adjacent wetlands and placed either on
timber mats or an upland area. DWQ also request an explanation from NCDOT for this
unauthorized impact and why a modification of the 401 was not requested.
DWQ request that the items of non compliance described above are addressed immediately. Failure to
comply with this request within 30 days may result in a Notice of Violation.
226 Green St, Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: www.ncwaterguality.org
One _
Norih Cv-Oli I? a
??I'llilYlfl?.+`
An Equal Opportunry Wfin iatiue Action Employer- 50% Recycled 110% Post Consumer Paper
R-2502B
November 3. 2010
If you have any questions or need any additional information on the items described above, please do not
hesitate to give me a call at [phone].
Cc: John R.G.Olinger, Division 8 Construction Engineer,
Ronnie Smith, US Army Corps of Engineers, Wilmington District Office
Barry Harrington, NCDOT Roadside Environmental, Div. 7 & 8
David Wainwright, DWQ Wetlands/401 Transportation Group
Sonia Carrillo, NCDWQ Central Office
File Copy