RE_ C204553 Clearing Outside of Permitted LOD (Site #7)

From:Giles, Jon W
To:Meyer (RK & K Civil Engineering), Benjamin C; Sprinkle, Hannah H; Steffens, Thomas A CIV USARMY CESAW (USA)
Cc:Westphal, Anneliese; Gingrich, Sophia E; Waugh, Daniel G; Jackson Provost, PE, PLS; Brandon Helms; Herndon, T.
Mason; Law, Anthony W
Subject:RE: C204553 Clearing Outside of Permitted LOD (Site #7)
Date:Wednesday, May 17, 2023 7:12:56 AM
Attachments:C204553 _ CM Mitchell_20230512.pdf
C204553 _ CM Mitchell Wetland Impacts Survey.pdf
05_15_2023_Incident Report_Pender Co_Property Damage.pdf
Hannah & Tom,

Please see attached wetland impacts survey for SITE 7. As stated below and in the attached incident
report, CM Mitchell, a subcontractor for Conti, cleared approximately 0.25 acres of wetlands located on
the -L- line between STA. 654+50 and 656+00 LT. During the un-authorized clearing the operator tracked
around in the wetland leaving it rutted, a few stumps had been pulled, vegetation along approximately
35’ of stream bank has been removed or damaged, and woody debris is littered throughout this reach of
the stream. The impacted wetland area is partially, approximately 0.13 acres within NCDOT project limits
and approximately 0.12 acres on private property. The stream impacts appear to be completely on
private property. I have attached a few images from our site visit yesterday (both ground and aerial).

The contractor has secured written right of entry from the private property owner to perform needed
corrective actions to prevent additional impacts to the adjacent stream. After some internal discussions,
NCDOT has provided the contractor with the following immediate corrective actions:

1. Remove all debris (from clearing operation) from the stream.
2. Re-Install all EC measures per plan.
3. Install coir fiber matting and seed with riparian seed mix along the sections of the impacted
stream bank.
4. Remove remaining debris from the impacted wetland area.
5. Rake out the high spots created during the operation and add native material to fill any remaining
ruts.
a. The contractor has requested to use a wheeled mini excavator on logging mats to retrieve
any larger pieces of debris and use the bucket to knock down the bigger high spots. This
option will be as a last resort they are going to attempt other methods first but want to
make sure this could be an option.
6. Reinstall all orange safety fencing along boundaries of approved impacts.
7. Seed and straw the wetland area impacted.

Please review corrective actions and incident report, NCDOT is still waiting for the contractor to provide
lessons learned and prevention plans moving forward . Please provide any comments and/or additional
corrective actions.

If you have any question please give me a call.

Sincerely,

Jon

Jon W. Giles Jr.
Division Environmental Officer – Division 3
North Carolina Department of Transportation

910 341 2040 Office
910-902-0244 Mobile
910 675 0143 Fax
[e-mail]

5501 Barbados Blvd.
Castle Hayne, NC 28429

From: Meyer (RK & K Civil Engineering), Benjamin C <[e-mail]>
Sent: Monday, May 15, 2023 3:51 PM
To: Sprinkle, Hannah H <[e-mail]>; Giles, Jon W <[e-mail]>; Steffens,
Thomas A CIV USARMY CESAW (USA) <[e-mail]>
Cc: Westphal, Anneliese <[e-mail]>; Gingrich, Sophia E <[e-mail]>; Waugh,
Daniel G <[e-mail]>; Jackson Provost, PE, PLS <[e-mail]>;
Brandon Helms <[e-mail]>; Herndon, T. Mason <[e-mail]>; Law,
Anthony W <[e-mail]>
Subject: RE: C204553 Clearing Outside of Permitted LOD

Jon,
Wanted to get you the survey data for the area impacted. Page 1 of the document shows the full extents
of the wetland impacts outside of the project permit, which totals 0.25 acres. Page 2 shows the impacts
outside of the NCDOT ROW/easements on private property, totaling 0.12 acres. I am still waiting for the
incident report from Conti. I will provide that information once received. Let me know if you need
anything else.
Cheers,
Ben

Ben Meyer, PE, CCM
Assistant Resident Engineer
Hampstead Bypass
Cell: 910-617-1902
[e-mail]
[e-mail]

From: Sprinkle, Hannah H <[e-mail]>
Sent: Monday, May 15, 2023 7:47 AM
To: Giles, Jon W <[e-mail]>; Meyer (RK & K Civil Engineering), Benjamin C <ext-
[e-mail]>; Steffens, Thomas A CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Westphal, Anneliese <[e-mail]>; Gingrich, Sophia E <[e-mail]>; Waugh,
Daniel G <[e-mail]>; Jackson Provost, PE, PLS <[e-mail]>;
Brandon Helms <[e-mail]>; Herndon, T. Mason <[e-mail]>; Law,
Anthony W <[e-mail]>
Subject: RE: C204553 Clearing Outside of Permitted LOD

Jon,

Thank you for the report. As you already stated, we will be looking for an update once the full scope of
the impacts is known, as well as the plan of action to remedy the situation.

Hannah

From: Giles, Jon W <[e-mail]>
Sent: Saturday, May 13, 2023 5:25 PM
To: Meyer (RK & K Civil Engineering), Benjamin C <[e-mail]>; Sprinkle, Hannah H
<[e-mail]>; Steffens, Thomas A CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Westphal, Anneliese <[e-mail]>; Gingrich, Sophia E <[e-mail]>; Waugh,
Daniel G <[e-mail]>; Jackson Provost, PE, PLS <[e-mail]>;
Brandon Helms <[e-mail]>; Herndon, T. Mason <[e-mail]>; Law,
Anthony W <[e-mail]>
Subject: Re: C204553 Clearing Outside of Permitted LOD

Ben,

Thank you for the notification.

Tom and Hannah,

I am just seeing this email. We will assess the impacts first thing Monday morning and provide an update
as soon as possible.

Feel free to reach out to me.

Sincerely,

Jon

Sincerely,

Jon

Jon W. Giles Jr.
Division Environmental Officer – Division 3
North Carolina Department of Transportation

910 341 2040 Office
910-902-0244 Mobile
910 675 0143 Fax
[e-mail]

5501 Barbados Blvd.
Castle Hayne, NC 28429

From: Meyer (RK & K Civil Engineering), Benjamin C <[e-mail]>
Sent: Friday, May 12, 2023 4:30 PM
To: Giles, Jon W <[e-mail]>
Cc: Westphal, Anneliese <[e-mail]>; Gingrich, Sophia E <[e-mail]>; Waugh,
Daniel G <[e-mail]>; Jackson Provost, PE, PLS <[e-mail]>;
Brandon Helms <[e-mail]>
Subject: C204553 Clearing Outside of Permitted LOD

Jon,
This afternoon, 5/12/2023, I was meeting with a property owner on Holiday Dr. I observed where the
clearing and grubbing operation had recently gone outside of the permitted LOD for the wetland
impacts for the project. I have included a couple pictures below and a quick markup of the area
impacted on the permit plan sheet. I have stopped all work for clearing and grubbing being conducted
for the project with this operation until we can complete a full review of the impacts next week. Please
feel free to reach out to the project team to with any questions.
Cheers,
Ben

Ben Meyer, PE, CCM
Assistant Resident Engineer
Hampstead Bypass
Cell: 910-617-1902
[e-mail]
[e-mail]

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