20001432 Ver 1_NOV Response_20110930

I am
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
September 28, 2011
Mason Herndon
NCDWQ
Fayetteville regional office
225 Green Street
Fayetteville, NC 28301
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EwENE A. CONTI, JR.
SECRETARY
The following is in response to your letter sent from the NCDWQ Fayetteville Regional
Office dated September 1, 2011 concerning compliance issues on TIP Project R-2417AA
in Lee County.
In your letter you had sited issues at three separate locations within the project area that
required corrective actions or explanation. The following is a listing of your comments
followed by our responses. Your letter listed comments on 8 separate sites. In our
response I am only including 3 sites (sites 5, 6, 9) for which a response is required at this
time. The issues at Ramp B, Sites 1, 2a, 3 and 4 have all been resolved. At site 2a the
bore has been completed. The discharge water was pumped into a sprayer truck and used
on the project for dust control.
Comment: Site 5 Station 87+90(LTIRT)
54" RCP has been installed. Nylon net matting has been placed in the stream bed; this
material is unsuitable for this application and needs to be removed. This matting has a
long life and aquatic species are prone to getting tangled up in this material. Permanent
impacts to the stream extended beyond their permitted limits and extend all the way to the
right of way. The areas permitted for temporary impacts have been permanently impacted
due to changes in the stream dimension and profile throughout this reach. The outlet of
the pipe is perched approximately 2.5 ft. above the natural stream bed at the permitted
limits per elevations take by Mr. Johnson with your staff. This is not in compliance with
the conditions of the 401 WQC issued to this project. The permit requires that the pipe be
buried one foot below the natural stream bed. DWQ request that DOT review the
permit drawings and provide an explanation to why the stream was permanently
impacted beyond the permanent impact limits and how the improper installation of
the 54" culvert occurred. Furthermore, the Department needs to submit plans on
how they propose to rectify these non-compliance issues. Based upon DOT's
proposal, additional mitigation may be required for these impacts. This information
must be submitted to DWQ in writing within 30 days of receipt of this letter. Failure
to comply with this request within 30 days will result in a Notice of Violation.
P.O. BOX 1067, ABERDEEN, NORTH CAROLINA 28315
PHONE [phone] FAX [phone]

Response: The matting has been removed from the channel.
Although the pipe was initially installed properly at the correct invert of 1 foot below
stream bed level, subsequent work for grading and stabilization along the bank and in the
channel by the subcontractor caused the pipe to become perched. Additional grading
work by the subcontractor has also impacted the stream from the permitted areas at both
ends of the pipe, out to the right of way limits (both ends). We have tentatively proposed
that a series of log cross veins be installed to restore the proper invert of one foot below
bed level by using the logs as grade control devices to raise the stream bed, and then to
gradually lower it back to the natural level as the cross veins progress downstream, by
lowering each subsequent vein by 8 inches. It is possible that the depth to rock at this
location may make this repair impractical. As we discussed during our phone
conversation, we may need to revisit this site at a future date after we have had a chance
to observe the effects of flow through the site. As you are aware this channel has
intermittent flow limited primarily to rainfall events
The Division is also requesting that NEU obtain an additional 50 feet of stream
mitigation at site 5 (30 feet upstream, and 20 feet downstream) to cover the areas
impacted between the temporarily impacted area denoted in the plans on both ends of the
pipe, out to the right of way limits.
Comment: Site 6 Station 120 +20(LT) and 120 +57(LTlRT)
8' x 6' RCBC has been constructed; flow is still going through diversion channel because
channel work has not been completed. Based on the non - compliance issues pertaining to
the channel work completed at Site 5, DWQ strongly suggest that DOT schedules a
preconstruction site meeting with the DOT Hydraulic and Natural Environmental
Units to ensure that everyone is clear on the proposed scope of work and permitted
limits at this site. If stream impacts occur beyond their permitted limits a NOV will
be issued. Earthen plugs for temporary access roads have placed in the stream channel
within the temporary impact area on both the inlet and outlet end of the culverts. These
structures were not included in the permit application and therefore are not considered
approved. Per the permit drawings the only activities proposed in these areas include
channel improvements, bank stabilization and dewatering BMP's. Furthermore, if these
structures had been authorized they were not constructed in accordance with the NCDOT
BMP Manual for Construction and Maintenance Activities. Filter fabric would be
required in the stream bed so the natural stream profile would not be disturbed during
removal of the temporary fill. DWQ request that DOT provide DWQ with revised
permit drawings depicting all temporary stream crossing required for the
construction of this project and a detail of how they will be constructed. This
information must be submitted to DWQ in writing within 30 days of receipt of this
letter. Failure to comply with this request within 30 days will result in a Notice of
Violation.
Response: An approved Temporary stream crossing plan drawing was included in the
construction plans (Sheet EC -21)). This plan is suitable for a crossing that does not
require that flow be maintained by simply removing the pipe. This plan was not followed

by the contractor at this location. Instead, an earthen dike without a fabric liner was
placed in the dewatered stream channel between the diversion device and the upstream
end of the newly constructed culvert by the contractor. This area was used as a crossing
point to move equipment around the culvert during construction. We acknowledge that
the crossing was improperly installed and has impacted the existing stream channel. We
are requesting that NEU obtain 30 feet of additional stream mitigation at this location to
cover the impacted area. The earthen dike will be removed and the channel will be
restored to its original contours, re-vegetated, and allowed to stabilize before the stream is
turned into the new culvert.
Comment: Site 9 Station 178+82(RT)
Construction of (2) 9' x 7' RCBC is in progress. Rip rap and stone access road has been
installed on outlet of culvert. DWQ's comments for this activity are the same as those
stated above for Site 6. Proposed channel work has not been completed at this time. As
state above in the comments for Site 6, DWQ strongly suggest that DOT schedules a
preconstruction site meeting with the DOT Hydraulic and Natural Environmental
Units to ensure that everyone is clear on the proposed scope of work and permitted
limits at this site.
Response: An approximately 10 foot area of the original stream channel was filled with
an earthen dike by the contractor as a means to move his equipment around the culvert
structure. We are also requesting an additional 10 feet of mitigation at this site. The
earthen dike will be removed and the channel will be restored to its original contours, re-
vegetated, and allowed to stabilize before the stream is turned into the new culvert.
If you require additional information or material, please contact me.
Sincerely,
Art C. King
DEO
Highway Division 8
Cc: Ronnie Smith, US Army Corps of Engineers
John Olinger, PE Division 8 Construction Engineer
Rachelle Beauregard, NCDOT, NEU
Marty Tillman, Resident Engineer

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PROJECT EFTTkENCE NO. SHEET NO.
L = 4,485,60
T = 2271B'
R 11,459J6'
ALGERIA STAMPS
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V = 70 MPH 25 x12 x3 24 x12 x3
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�TION SEQUENCE STA. 120 + 57
VITH LINER (2 FT. BASE, 3 FT. DEEP, 2:1 SIDE SLOPES), DIVERTING FLOW.
MENTS.
WING FLOW THROUGH PROPOSED CULVERT.
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EN'I'4EER
:)N SEQUENCE STA, 177 + 29 -L-
2 FT. BASE, 3 FT. DEEP, 2:1 SIDE SLOPES), DIVERTING FLOW.
THROUGH PROPOSED CULVERT.
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