20071823 Ver 1_Site Inspection_20101103

Beverly Eaves Perdue
Governor
a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
November 3, 2010
MEMORANDUM
To: Art King, Division Environmental Officer, NCDOT Division 8
From: Mason Herndon, NCDWQ, Fayetteville Regional Office
Subject: Site Visit Follow-up
TIP No. R-2502B
Richmond County
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.
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.
225 Green St., Suite 714, Fayetteville. NO 28301-5043
Phone: [phone] FAX: [phone]
Internet: www.ncwaterqualily.oro
One
North Carolina
auerall;
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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

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 3, 2011
MEMORANDUM
To: Art King, Division Environmental Officer, NCDOT Division 8
From: Mason Herndon, NCDWQ, Fayetteville Regional Office
Subject: Response to Division 8 Letter Regarding Compliance
TIP No. R-25026
Richmond County
This memo is a follow-up to your response to DWQ's letter dated November 3, 2010 concerning
compliance issues on the widening and bridge replacement project in Richmond County noted on our
field visit on October 19, 2010.
DWQ appreciates your prompt response to our letter and for taking immediate action in reestablishing the
permitted area with safety fence and flagging, as well as the removal of fill material and equipment from
the adjacent wetland area that was permitted for hand clearing only.
In regards to the change of construction methodology from a elevated work bridge to timber mats at Site
9, DWQ acknowledges that this can often be an adjustment made in the field and we appreciates
NCDOT's coordination with the USACE on this change. We also understand that there have been
numerous changes in DWQ personnel assigned to this project in the past two years, which could have
complicated coordination with this agency. However, it should be noted that any changes in construction
methodology that are made, which could have either a temporary or permanent affect on a jurisdictional
resource or which may deviate from a 401 certification condition, must be coordinated and approved by
DWQ. In the future, DWQ, request all such changes are coordinated with this agency prior to the work
commencing. To document any changes, DWQ will provide NCDOT with an e-mail, tear sheet or written
notification for the project file.
In addition to the change in construction methodology at Site 9, DWQ is very concerned with the
unauthorized excavation and discharge of material in this site. According to your letter, the excavation at
the interior bents of the bridge, within the area permitted for hand clearing, was required for the
construction of bent caps. We understand that preliminary plans used in permitting often do not include
structure plans which dictate bent elevations and impacts cannot always be accurately quantified at the
time of permit application. However, as stated above, NCDOT must notify DWQ of any changes in
activity and /or of any additional impact within a jurisdictional resource prior to their occurrence.
In your response, you stated that NCDOT impacted an additional 0.005 acres of wetlands when
excavating around the interior bents. DWQ is requesting that NCDOT provide us calculations on how
you derived at the estimated 0.005 acres of additional impact. This should include the typical area
impacted at each interior bent and the number of bents that required excavation to construct.
Since these impacts have already occurred and appear to be less than 0.01 acres of impact, DWQ will
not require NCDOT to submit an after the fact permit application at this time. However per Condition 7 of
the 401 Water Quality Certification, NCDOT is required to monitor the temporary impacted areas at Sites
1,2,3 & 9 and provide annual reports for a period of three years after completion of project. As stated in
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone] One
Internet: www.ncwatemuality.org Not-thCarOlina
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R-2502B
January **, 2011
this condition, DWQ will use these reports and the mandated agency field meeting at the end of the three
year period, to determine if additional compensatory wetland mitigation is required.
DWQ request that NCDOT provide the items requested above within 30 days of receipt of this letter.
Failure to comply with this request may result in a Notice of Violation. We appreciate your efforts to
recognize and resolve these issues and will continue to work with NCDOT to minimize these occurrences
in the future.
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
Lelani Paugh, NEU Mitigation Unit
Sonia Carillo, NCDWQ Central Office
File Copy