HB-0001 NCDWR_USACE NOV Response.pdf

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
August 25, 2022
J. ERIC BOYETTE
SECRETARY
NC Division of Water Resources US Army Corps of Engineers -Wilmington District
Transportation Permitting Branch Washington Field Office
1617 Mail Service Center 2407 West Fifth Street
Raleigh NC 27699-1617 Washington, NC 27889
ATTN: Ms. Amy Chapman, Supervisor Mr. Kyle Barnes,
Transportation Permitting Branch NCDOT Project Manager
Subject: NCDOT Response to Notice of Violations STIP HB-0001, Bridge 7 on US 64 over the
Alligator River, Tyrrell and Dare Counties.
NCDWR Project No. 20211126
USACE Action ID SAW-2021-01091
References: NCDWR NOV-2022-PC-0389 Dated July 26, 2022
USACE NOV Dated August 11, 2022
Dear Madam and Sir:
This letter is in response to the Notice of Violation (NOV) letters received from the NC Division of Water
Resources (NCDWR) (2022-PC-0389) issued on July 26, 2022 and the US Army Corps of Engineers
(USACE) Action ID SAW-2021-01091 issued on August 11, 2022. Included with this letter are
responses addressing items from each of the agencies' letters, mapping showing the impacted areas, as
well as a letter from the geotechnical subcontractor.
NCDWR NOV-2022-PC-0389
The NCDWR NOV was issued due to failure to secure a written 401 Water Quality Certification (WQC)
as well as 401 WQC condition violation for NCDOT STIP HB-0001, the replacement of Bridge No. 7 on
US 64 over the Alligator River in Tyrrell and Dare Counties.
As requested, responses to the questions from the NCDWR NOV are provided below:
o What led to the observed wetland violations
While collecting geotechnical data, the subcontractor Wood PLC cleared trees in the wetlands though
original intent was no clearing would be necessary and that if an area was inaccessible, a smaller low
ground pressure personnel carrier would be used in combination with muck probes or hand augers to drill
shallow holes that do not require clearing. Additionally, mats were not utilized to prevent rutting that
occurred throughout much of the footprint.
• During the Monthly Project Status Meeting on 6/27/2022, NCDOT was notified by the
subcontractor that the LGP boring equipment had been stuck.
Mailing Address: Location:
NC DEPARTMENT OF TRANSPORTATION Telephone: [phone] BIRCH RIDGE DRIVE
ENVIRONMENTAL ANALYSIS UNIT Customer Service: 1-877-368-4968 RALEIGHNC 27610
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598 Website: www.nedot.gov

• Paul Williams emailed Garcy Ward with NCDWR and Kyle Barnes with USACE on 6/27/22
informing them of the stuck equipment.
• Paul Williams met Garcy Ward at the site on 6/28/22.
• NCDOT staff from; Division 1, Geotechnical Engineering Unit, Environmental Analysis Unit,
Garcy Ward, Kyle Barnes, and Wood PLC met on 7/11/22.
• Kyle Barnes visited the site on 7/12/22.
• Paul Williams and Randy Midgett provided Kyle Barnes and Garcy Ward an update on 7/14/22.
o List any actions necessary to remediate the violation and prevent it from happening again
Compensatory mitigation was discussed during a call on August 19, 2022 between staff from NCDOT,
NCDWR, and USACE. As a result of the meeting, NCDOT's current proposal is to provide
compensatory mitigation for 0.343 ac of impacted wetlands considered as mechanized clearing at a 1:1
ratio via the NC Division of Mitigation Services (NCDMS). Additionally, a 0.010 ac area outside the
potential future footprint of the project would be restored via limited earthwork to fill in ruts and
replanting. This 0.010 ac restoration would not commence until the parcel is acquired or permission is
granted from the current property owner. Additionally, annual monitoring would not be required by the
agencies for the 0.010 ac restored area.
NCDOT and the geotechnical subcontractor, Wood PLC, regret this incident occurred. We have met with
the contractor, subcontractor, and NCDOT personnel involved with the project and discussed measures to
prevent such impacts from happening on future projects. This will include but not be limited to better
scoping on future projects for the expected and potential impacts to perform geotechnical borings; better
training of drilling firms for the conditions/requirements listed in the Nationwide 6 by making periodic
site visits while the work is being performed and other issued permits; better oversite by NCDOT
personnel that field activities conform to the permit requirements and reiterating the importance of
adhering to the work proposed to the regulatory agencies as well as all conditions accompanying the
permits.
USACE NOV Action ID SAW-2021-01091
During the USACE's site visit they found that General Condition #11 of the Nationwide Permit 6 was not
adhered to. This condition states Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance. As a result, NCDOT must propose
either a restoration plan for the site or provide a compensatory mitigation plan to replace the functional
loss to wetlands.
As stated above in the response for NCDWR's second item, NCDOT's current proposal for compensatory
mitigation for the impacted areas considered as mechanized clearing includes obtaining credits from
NCDMS as well a small area of restoration at the impacted site.
NCDOT will submit an Individual WQC application as well as coordinate with the USACE to determine
if a permit modification request of the previously issued permit verification for Nationwide Permit 6.
Additionally, NCDOT has initiated advanced right-of-way acquisition for the property on which the
impacts occurred. This process is in the early stages and could take a minimum of nine months to be
finalized. There is also a possibility that the acquisition process may not be successful and if so, NCDOT
will coordinate the NCDWR and USACE to determine what other action would be necessary.

Please know that we take these actions very seriously and efforts will be made to ensure such deficiencies
do not occur again. If you have questions or would like to discuss further, please contact Chris Rivenbark
at [e-mail] or [phone].
IDocuSigned by:
MA44 C. P,4t4,1" III
AAAD1248B309416...
for Philip S. Harris III, P.E., C.P.M.
Environmental Analysis Unit Head
ec:
Garcy Ward, NC Division of Water Resources
Monte Matthews, US Army Corps of Engineers
John Conforti, REM, NCDOT Project Management Unit
Jennifer Evans, PE, NCDOT Project Management Unit
Paul Williams, NCDOT Division 1
David Herring, LG, PE, NCDOT Geotechnical Unit
Jason Dilday, NCDOT Environmental Analysis Unit