20100362 Ver 1_Information Letter_20110413

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 13, 2011
Jackson Provost
Division 3 Construction Engineer
5501 Barbados Boulevard
Castle Hayne, NC 28429
Subject: U-40078 Non Compliance
Dear Mr. Provost:
On March 24, 20111 DWQ was notified by Stoney Mathis, Division 3 Environmental Officer that
unauthorized clearing had occurred within jurisdictional areas on TIP Project No. U-4007B, proposed
improvements to US 17 from Jacksonville Bypass to Drummer Kellum Road in Onslow County, Federal Aid
project No. STP-NHF-17(31), State Project No. 8.1261901, DWQ Project No. 20100362v.1.
In response to Mr. Mathis's report, a site visit was conducted on April 6, 2001. Present at this meeting was
your staff, the contractor (Balfour Beatty), Brad Shaver (US Army Corps of Engineers), Stephen Lane
(Coastal Management) and I. Upon inspection it was determined that approximately 5,672 sq ft. (0.13ac.)
of jurisdictional wetlands had been mechanical cleared and grubbed beyond the permitted area at Site 3
inside of Loop-1A between Sta. 14+00 to 15+50. It was disclosed that this occurred due to the improper
placement of the safety fence and was discovered by DOT when their survey crew was checking the area
using GPS coordinates. In addition, there were additional wetlands between Loop-1A and SBL Ramp
adjacent to Sta.47+73 to 48+82 which were not permitted for impact that was cleared but not grubbed. The
area of impact at this location was determined to be 4,371 sq. ft. (0.10 ac.). Based on conversations during
our field meeting it is our understanding that all safety fences have been rechecked for accuracy and no
other unauthorized impacts have occurred.
Based on the findings of our field review, it has been determined that DOT is not in compliance with the 401
water quality certification issued for this project. These unauthorized activities are in direct conflict with
permit conditions 24 and 27 as well as NC Statutes 15A NCAC 2B. 0211(2) and 15A NCAC 2B .0231.
The following resolutions and commitments were agreed upon at the field meeting and are required in order
to get this project into compliance:
Area 1 (Site 3 inside Loop-1A between Sta. 14+00 to 15+50)
• Orange safety fence is to be installed in it correct location and maintained to prevent any further
impacts.
• The disturbed area is to be immediately seeded and mulched with a native riparian seed mixture.
• DOT is to replant trees in the cleared area at a density of 320 stems per acre. Species to be
planted are red maple (Acer rubrum), sweetgum (Liquidambar styraciflua) and pin oak (Quercus
palustris). Trees will be planted in early November of 2011.
225 Green St., Suite 714, Fayetteville, NC 28301-5043 i?7 1
Phone: [phone] FAX: [phone] One
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Area 2 (Site 3 between Loop-1A and SBL Ramp adjacent to Sta.47+73 to 48+82)
• After reviewing the permits for this project it was determined that this wetland was permitted as a
"total take". DOT has committed to maintain the safety fence around this feature to ensure that no
further impact will occur at this location. It was agreed upon by all parties, that remaining tree
trunks could be hand cut at ground level for safety and aesthetic purposes as long as no equipment
entered the site and no additional impact would occur. Since this site was permitted as a "total
take" no replanting will be required.
DWQ request that DOT agrees to the terms of resolution and commitments listed above in writing within 30 days of
receipt of this letter. Failure to comply with this request may result in the issuance of a Notice of Violation.
If you have any questions or need any additional information on the items described above, please do not hesitate
to call Mason Herndon at [phone].
Sincerely,
/dGJ .Kl, ??i?py?
Belinda S. Henson
Regional Supervisor
Surface Water Protection
cc: Allen Pope, PE, Division 3 Engineer
Stoney Mathis, Division 3 Environmental Officer
Brad Shaver, US Army Corps of Engineers, Wilmington District Office
Stephen Lane, Coastal Management
Jerry Yarborough, NCDOT Roadside Environmental, Div. 3 & 6
David Wainwright, DWQ Wetlands/401 Transportation Group
Sonia Carillo, NCDWQ Central Office
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225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet: w vncwaterouality.ora
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