20071823 Ver 1_Information Letter_20110203

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-2502B
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. Dill 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 pe ndition 7 of
the 401 Water Quality Certification, NCDOT is required to monitor the temporary impacte
1,2,3 & 9 and provide annual reports for a period of three years after completion of proje =s A ?V
225 Green St., Suite 714, Fayetteville, NC 28301-5043 ?
Phone: [phone] FAX: 910-48H707 U' B 2 4
Internet: www.ncwaterauality.org NorthCaroloA9b
An Equal Oppwtundy 1 AfBrmarve Action Employer -50% Recycled 1 10% Post Consumer Paper
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
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a 7 STATE OF NORTH CAROLINA

Mason Herndon
DEPARTMENT OF TRANSPORTATION +,
BEVERLY EAVES PERDUE
GOVERNOR
February 23, 2011
NCDWQ
Fayetteville Regional Office
225 Green St. Suit 714
Fayetteville NC 28301
Mr. Herndon,
This letter is in response to your memo dated February 3, 2011.
FFg 2 ?o(/ja
EUGENE A. CONTI, JR.
SECRETARY
We agree with, and will comply with your request regarding the notification to your
agency of any changes in construction methodologies that result in a change in the
calculated impact to streams and/or wetlands on future projects. We will also make
every effort in the future to coordinate with both the DWQ and the Corps of Engineers
when such issues arise. We will also comply with your request for additional monitoring
of the impacted areas on the R-2502B bridge site for what ever time period that you
prescribed.
Included with this letter is a work sheet with a more precise accounting of the impacts
that were involved in the excavation around the interior bents for the bridge at Drowning
Creek on R-2502B. As we had discussed by phone last week, the original estimate in the
December 9, 2010 letter of 0.005 acres of impact was not accurate due to a misplaced
decimal point (0.05), and some imprecise measurements of the actual excavations. We
have since gone back and checked the inspectors' notes and have obtained a more
accurate total for the 5 interior bents that were excavated within the wetland area. The
following calculations reflect the corrected total for both the north bound bridge (2
bents) and south bound bridge (3 bents) for the total of 5 bents. According to Mr. John
Olingers calculations, the total area excavated at each individual bent is 677.1 ft. square.
677.1 ft x 5 = 3385.6ft = 0.08 acres of total impacts
43560 ft
Thank you for your cooperation. Please contact me if you need additional information.
Sincerelly,
Art C. King,
Division Environmental Officer
P.O. BOX'1067, ABERDEEN, NORTH CAROLINA 28315
PHONE [phone] FAX [phone]
Highway Division 8
Cc. John R.G. Olinger, Highway Division 8
Ronnie Smith, USCOE, Wilmington District Office
Barry Harrington, NCDOT Roadside Environmental, Div. 7 & 8
David Wainwright, DWQ 401 Wetlands Group
Lelani Paugh, NEU Mitigation Unit
Sonia Carillo, NCDWQ central Office
File
NC Department of Transportation
Division of Highways
Highway Building
1 S. Wilmington Street
Raleigh, NC 27601
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