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Home My WebLink About03102022152343-DOC031022Parker, Mike From: Parker, Mike Sent: Wednesday, July 31, 2013 9:04 AM To: Lindquist.Laurie@epa.gov Cc: Cranford, Chuck; Chapman, Amy; Davis, Mark S Subject: Tuckasegee River Laurie, I just got off the phone with Mr. Mark Davis, Environmental Supervisor, Division 14 and he advised that the contractor did not perform any work in the river until after the April 15 trout moratorium. Also, concerning the size of the rip rap, the contractor requested class II rip rap from the Harrison Construction quarry and the first couple of loads delivered was not what was ordered and NCDOT refused the material. No ABC or (crusher run) was placed in the river. If you have additional questions, please let me know. Mike Mike Parker- Mike.Parker@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax:828-299-7043 Parker, Mike From: Parker, Mike Sent: Wednesday, July 31, 2013 7:31 AM To: Lindquist.Laurie@epa.gov Cc: Cranford, Chuck; Chapman, Amy; Davis, Mark S Subject: FW: Send data from TOSHIBA456WEST 07/31/2013 07:27 Attachments: 07312013072727-D00073113.pdf Laurie, regarding the incident on the Tuckasegee River. I will try to find out more about work during the trout moratorium. If you have further questions please let me know. Thanks. Mike Mike Parker- Mike. Parker@ncdenr.¢ov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality- Surface Water Protection 2090 U.S. 70 Highway Swannanoa, INC 28778 Tel: 828-296-4500 Fax: 828-299-7043 -----Original Message ---- From; DENRARO West Copier [mailto:arowestcooierC@ncmail.net] Sent: Wednesday, July 31, 2013 7:28 AM To: Parker, Mike Subject: Send data from TOSHIBA456WEST 07/31/2013 07:27 Scanned from TOSHIBA456WEST PUBLIC TEMPLATE GROUP TXT 1-SIDE BW EDF Date: 07/31/2013 07:27 Pages: 2 Resolution: 300x30O DPI Please do not reply to this address! Parker, Mike From: Parker, Mike Sent: Wednesday, July 31, 2013 7:24 AM To: 'Lindquist, Laurie' Cc: Cranford, Chuck; Chapman, Amy Subject: RE: (CWA - FY13-109134-3709-CV) Referred to Region - North Carolina Attachments: FW: B-3861 Washout Description Laurie, sorry about the attachment. I will try again. As far as working during the trout moratorium I am not aware of any work in the river during this time. As far as the rip rap goes it appears to be large stone that is normally used during causeway construction. Also, I will send you a copy of a letter NCDOT sent to the USACE in Asheville regarding this incident. Mike Mile Parker - Mike. Parker(@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 From: Lindquist, Laurie rmailto:Lindauist Laurie(a)eoa oovl Sent: Tuesday, July 30, 2013 10:41 AM To: Parker, Mike; Cranford, Chuck Cc: Hennessy, John; Mathews, Namon Subject: FW: (CWA - FY13-109134-3709-CV) Referred to Region - North Carolina Mike/Chuck, Another complaint related to the bridge project. This is the third one EPA has received from this gentleman (two for 402; one for wetlands —just sent that one to Mike only today). I'll wait to speak with Mike for the details. Thanks! Laurie E. Lindquist Enforcement Officer Stormwater and Residuals Enforcement Section US EPA Region 4 61 Forsyth Street Atlanta, GA 30303 404,562,9249 I indou ist.laurie(v)ena. aov From: erteo serdar@)eoa aov [mailto:ertep.serdarCoJena aov] Sent: Tuesday, July 30, 2013 10:36 AM To: Lindquist, Laurie Subject: FWD: (CWA - FY13-109134-3709-CV) Referred to Region - North Carolina 07130/2013 SUBJECT: FWD: (CWA - FY13-109134-3709-CV) Referred to Region -North Carolina FROM: erteo.serdar(a.eoa.00v TO: li ndp uist la u rie(a.e oa. gov CC: Laurie, I am not sure if I have sent this one to you earlier or not. If it is duplicate let me know. Otherwise, please use your discretion regarding the appropriate follow up and send me an email within. 30 days of the complaint date 7/2512013 stating the action taken. Thanks, Serdar -----Original Message----- 7/25/2013 10:19 AM HQ LEAD NUMBER: FY13-109134-3709-CV SUBJECT: Referred to Region - North Carolina FROM: ed.flowersoecialist(c)omail.com TO: Name: Edward Ingle Address: 810 South Mills River Road City: Mills River State: North Carolina Zip: 28759 Phone: 8288911168 Alleged Violator's Name: NCDOT Alleged Violator's Address: Raleigh, NC Alleged Violator's City: Sylva, NC Alleged Violator's State: North Carolina Alleged Violator's Zip: 28730 Tip or Complaint: Additional information on bridge project B-3861 near Cullowhee, NC. Note sent to Ms Beckwith 7/20/13 Lori, A couple of more items you might want to look into. This contractor was initially stopped from working during the trout moratorium but contacted Division 14 Mngt, I guess, and someone granted approval to wave the moratorium.This seems hardly fair to other contractors who have to abide by industry recognized moratoriums and in 2 this case amounted to two free weeks of contract time.Once DOT grants a "freeby" or contract preference to someone the other contractors are going to get wind of it and want some "home cooking" themselves all to the detriment of our resources. Is there an official letter or permit modification regarding the trout moratorium if so who made the call? Did Wildlife Resources have input? Causeway Specs: Look at the pix closely and examine the size of the "rip rap", looks like crusher run and Class A rip rap. Is it any wonder why it washed out? Specific Directions: Bridge replacement project near Cullowhee over trout water Violation Still Occurring? Yes State DEP/DEQ/DEM Notified? Yes Parker, Mike From: Parker, Mike Sent: Wednesday, July 24, 2013 3:45 PM To: 'Linquist.Laurie@epa.gov' Cc: Cranford, Chuck, Davis, Mark S Subject: CWA-FY13-108457-3709-CV Attachments: FW: B-3861 Washout Description Laurie, Chuck Cranford asked me to reply. I was advised by Mr. Mark Davis, Environmental Supervisor, Division 14, NCDOT of the problem an what actions NCDOTand the contractor did to correct the situation. Given the circumstances of the large amount of rainfall received in that area and Duke Energy opening the flood gates on two reservoirs causing more flooding, we do not think there was any environmental problems associated with the crane. I have attached an explanation of the incidentfrom NCDOT. NCDOT is also going to repair the streambanks, near the bridge, that were washed out during the flooding. Ifyou have questions or need additional information, please let me know. Mike Mike Parker- Mike.Parker@ncdenr.zov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 PAT MOCRORY GOVERNOR STATE OF NORTH CAROLINA DEPARTMENT OF July 22, 2013 Ms. Lori Beckwith, NCDOT Regulatory Project Manager U. S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 JUL 2 f 2013 nWQISRrf§ce WSWwatect!" sect'.. Subject: TIP Project No. B-3861 — Flooding Issues and Permit Expiration Replace Bridge No. 107 on SR 1797 over Tuckasegee River Jackson County Dear Ms. Beckwith: ANTHONYJ.TATA SECRETARY The Department is responding to your concerns regarding the subject project. Following is a timeline of the events leading up to the crane sliding into the river. On May 3rd and 0 the project received 3 inches of rainfall and Duke Energy opened the flood gates on both the East and West Forks of the Tuckasegee River. At this time the contractor was using the temporary work bridge to dismantle the old steel truss bridge and the river was reduced to 50% of flow by the temporary causeway. Due to the excessive rain and the release of water, both causeways were compromised resulting in a significant loss of temporary causeway fill material. The temporary work bridge remained in place because it was cabled to H-piles driven into high ground above the work site. On May 7'h when the waters receded the contractor began to reconstruct the causeways. On May 9a' concrete barrier rail was placed at the bottom of the causeway on End Bent #2 in order to help hold the causeway material in the event of another major rain event. The temporary work bridge was reset and was functional on May 15a. On July 3" the project received 4.5 inches of min. Throughout the night and through theday of July e the project received another 5.5 inches of rain and Duke Energy released a peak rate of 2830 cfs in the West Fork and 3330 cfs in the East Fork of the Tuckasegee River. Approximately 50% of the causeway material was lost over the night of the July 41h and throughout the day on July 5ih. On the evening of July 4°h, the contractor moved the 35 ton crane to an area free of any flood risk. The crane was moved approximately 8 Wit) feet above the causeway (access ramp) on the north side of the river. Due to safety concerns and the questionable stability of the temporary work bridge the crane operator was reluctant to cross the temporary work bridge and place the crane on the south side of the river. The rising flood waters undercut the access ramp and the crane slid into the water and lodged against the remains of the existing steel truss bridge that was being removed at the time. This incident was reported to the various resource agencies on July 5". It should be noted that NCDOT had requested that Duke Energy contact us regarding the release of any water that was not associated with daily operations of is hydro -plants; however, NCDOT was not contacted on either occasion described above. Following discussions regarding the removal of the crane and reconstructing the causeways, it was discovered that the permit for this project had expired in March 2013. The.permit was issued by the USACE on February 23, 2012. The Nationwide Permits expired on March 18, 2012, but were good until March 18, 2013 because of the transition period associated with the issuance of the new Nationwide Permits, which are renewed every five years. In this case, the project was let in August 2012; however, the availability date was not until the spring of 2013 because of the trout moratorium. This was an oversight by our staff that should have been caught earlier in the planning process, as well as, discussion of the permits during the pre -construction conference. The Division will implement training to better educate our staff regarding permit validity, conditions and compliance and make sure that there is ample time to administer the contract within the permitted time frame. This issue can be addressed in the pre -construction conference minutes on all construction projects in the future. We can improve communication between NCDOT personnel, the contractor, and outside entities such as Duke Energy and have a plan in place when emergency situations arise. Maintaining close scrutiny on our construction activities within Division 14 is essential to helping meet the Department's Environmental Stewardship Policy to preserve,protect, and enhance the state's natural and cultural resources as we continue to improve and maintain a safe transportation system. Sincer�ey✓�, oel B. Setzer, P Division Engi ee cc: f . Mike Parker, Division of Water Quality— DENR, Asheville Mr. Mark S. Davis, Division Environmental Supervisor, NCDOT, Sylva