20060399 Ver 1_USACE Correspondence_20060501

~, ~*~j~ DEPARTMENT OF THE ARMY
. ~~\"°~I/% WILMINGTON DISTRICT, CORPS OF ENGINEERS
,~ PO BOX 1890
WILMINGTON NC 28402-1890
- ~.
CESAW-RG (1145b) 21 Apri12006
MEMORANDUM FOR Colonel Al Aycock, Garrison Commander, Fort Bragg, NC 28310-5000
SUBJECT: Action ID 200501095, Brigade Combat Team Complex
1. On 28 March 2006, Ms. Lillette Granade and Mr. Richard Spencer of my Regulatory staff,
accompanied by Mr. Erich Hoffinan, Fort Bragg Directorate of Public Works, observed fill
activities within waters of the United States, associated with construction of the Brigade Combat
Team Complex. Specifically, the project contractor mechanically cleared and grubbed
approximately 1471inear feet of an unnamed tributary of Tank Creek in preparation for
construction of a bottomless culvert road crossing over the creek. In addition, the contractor has
impacted, through the discharge of riprap and mechanized land clearing, approximately 23 linear
feet of another unnamed tributary of Tank Creek for the construction of a road crossing just east
of the bottomless culvert crossing. These activities, conducted in jurisdictional waters, do not
comply with the Regional and Specific Conditions of your Nationwide Permit (NWP) 39 and 33,
which were verified by our office on 29 November 2005. In particular, the bottomless culvert
was to be installed in a manner that would completely avoid any stream impacts at that crossing.
Typically this is accomplished by hand cutting vegetation below the span of the bottomless
culvert so it is flush with the ground, before the culvert span is assembled over the jurisdictional
stream channel. Further, the additional riprap and mechanized land clearing for the second road
crossing exceeds the permitted 1441inear feet of stream impacts. Accordingly, this work is
presently unauthorized.
2. On 4 Apri12006, Ms. Lillette Granade and Mr. Richard Spencer met onsite with
representatives of Savannah District, U.S. Army Corps of Engineers, Fort Bragg Directorate of
Public Works, and contractors with Burgess & Niple, Inc. and Archer Western to review these
impacts and determine appropriate corrective actions. Based upon our evaluation of the
unauthorized work accomplished within jurisdictional waters, the following corrective actions
must be resolved by 21 May 2006 in accordance with our regulations:
a. Submit as-built surveys of both road crossings.
b. Submit an application for anafter-the-fact NWP 39. The after-the-fact NWP 39 will
address the linear feet of stream impacts, approximated to be 112, impacted by the bottomless
culvert structure. The actual length will be determined by the as-built survey and should be
measured from inlet flare to outlet flare. Compensatory mitigation is required for this additional
impact and should be included in the after-the-fact NWP 39 application. Payment to the NC
Ecosystem Enhancement Program is acceptable.

CESAW-RG (1145b)
SUBJECT: Action ID 200501095, Brigade Combat Team Complex
c. Submit a remediation plan that addresses (1) the restoration of remaining impacted
jurisdictional areas above and/or below the bottomless culvert structure and (2) the restoration of
impacted jurisdictional areas at the culvert road crossing, which exceed the 1441inear feet of
impacts verified by your 29 November 2005, permit.
d. Field observations indicate that the invert of the traditional twin culverts, are not buried
to the appropriate depth. Regional Conditions of NWP 39 require, "Culvert inverts will be
buried at least one foot below the bed of the stream for culverts greater than 48 inches in
diameter." Should the as-built survey verify that the culverts were not installed at the appropriate
depth, include in your remediation plan submittal a proposal for correcting this instillation error.
3. My points of contact, should you have questions, are Mr. Ken Jolly, telephone (910) 251-
4630, and Ms. Lillette Granade, telephone [phone]. /-~
CF:
~,
. PUI
Colonel, EN
Commanding
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment,
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27609-2260
Mr. Gregory Bean
Directorate of Public Works
Attn: AFZA-PW
Ft Bragg, North Carolina 28310-5000
Colonel Mark Held
Savannah District, USACE
Post Office Box 889
Savannah, Georgia 31402-0889
Mr. Ken Averitte
Division of Water Quality
North Carolina Department of
Environmental and Natural Resources
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
2