[External] RE_ A-0009CC Permit Violation at Permit Site 7 - Wetland Fill and Disturbance

From: Davis. Mark
To: Matthews. Monte K CIV USARMY CESAW (USA)
Cc: Amschler. Crystal C CIV USARMY CESAW (USA); Mitchell. Robert K; McHenry. David G; Barnett. Kevin H;
Breedlove, Patrick J; Dockery, Jacob A; adamscontractino3(�i)omail.com; Bishop. Joseph M
Subject: [External] RE: A-0009CC Permit Violation at Permit Site 7 - Wetland Fill and Disturbance
Date: Thursday, October 26, 2023 10:49:00 AM
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Monte,
NCDOT's plan for Permit Site 7 is to leave "as is" and file a permit modification for the additional
wetland impacts. There is too much water to deal with at the toe of the toe shear key. If this
wetland area was left undisturbed, NCDOT would have flooded out the property, especially the front
yard adjacent to the house. This property is under condemnation and right-of-way has not been
settled. If NCDOT had turned this additional water onto the property they could be looking at an
additional claim from the property owner. In addition, the plans left a steep slope above Permit Site
8 and is showing a retaining wall above the CIPP lined pipe under the roadway. This steep slope will
be difficult to stabilize above the UT between the outlet end of the CIPP pipe and the new driveway
pipe (Permit Site 8). NCDOT is looking at options to eliminate the retaining wall and continue the fill
slope and additional 300-400 feet, which would eliminate the steep slope and the retaining wall but
would require the piping of the open channel at the outlet end of the CIPP lined pipe and inlet end
of the driveway pipe (Permit Site 8). This option is pending approval by NCDOT Geotech and design
engineers. When we get an answer from NCDOT on the Site 8 modification, we will submit a permit
modification for both sites 7 & 8. I assume that additional mitigation credits would be obtained
through the NC Division of Mitigation Services. If you have any questions or need additional
information, please advise.
Thanks, Mark
JMT - Johnson, Mirmiran & Thompson, Inc.
An Employee -Owned Company
Mark S. Davis
Senior Associate
Environmental Scientist-CEI
40 Colonial Square
Sylva, NC 28779
D 828-477-4993
C 828-508-9670
msdavis &jmt.com
'mi t.com
From: Matthews, Monte K CIV USARMY CESAW (USA) <[e-mail]>

Sent: Wednesday, October 25, 2023 12:56 PM
To: Davis, Mark <[e-mail]>
Cc: Amschler, Crystal C CIV USARMY CESAW (USA) <[e-mail]>; Mitchell,
Robert K <[e-mail]>; McHenry, David G <[e-mail]>;
Barnett, Kevin H <[e-mail]>; pjbreed [e-mail]; Dockery, Jacob A
<[e-mail]>; [e-mail]; Bishop, Joseph M <[e-mail]>
Subject: [EXTERNAL] FW: A-0009CC Permit Violation at Permit Site 7 - Wetland Fill and Disturbance
Cyber Security Reminder: Please use caution - message originated outside JMT.
Mark,
Thank you for reaching out to us with this additional information regarding the
non-compliance at Permit Site 7, Section C.
In order to resolve the non-compliance NCDOT should remove the fill and
restore the area to pre -construction contours and condition and should provide a
timeline on when this work will be complete. If NCDOT is unable to restore the
area, and these impacts are unavoidable, NCDOT should be prepared to submit
a permit modification request to authorize the additional impacts to Wetland
WBV. The permit modification request should include information on why these
impacts are needed to construct the roadway and justifying the extent of
impacts, information on whether the new impacts to wetland WBV along with the
drainage pipe and French drain pipe will effectively drain the remaining
undisturbed wetland WBV and a mitigation proposal to offset the impacts. The
modification request should include any and all other minor plan design changes
implemented since the issuance of the permit as well as any proposed changes
such those referenced below for Permit Site 8.
Please respond to this email and let us know whether NCDOT will restore the
wetland or request a modification to the permit and a brief explanation as to why
NCDOT has determined that either restoration or modification is appropriate.
Thanks again,
Monte
Monte Matthews
Branch Chief,
WRDA/Transportation
From: Davis, Mark <msdavisna imt.com>
Sent: Friday, October 20, 2023 3:00 PM

To: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.AmschlerCo�usace.army.mil>; Mitchell,
Robert K <kevin.mitchellna deq.nc.g_ov>; McHenry, David G <david.mchenryna ncwildlife.org>
Cc: Barnett, Kevin H <khbarnettna ncdot.gov>; Breedlove, Patrick) <Qibreedlovena ncdot.gov>;
Dockery, Jacob A <iadockeryna ncdot.gov>; dcabena rkk.com; Rance Adams
<adamscontracting3Pgmail.com>; Bishop, Joseph M <imbishopna ncdot.gov>
Subject: [Non-DoD Source] A-0009CC Permit Violation at Permit Site 7 - Wetland Fill and Disturbance
Lady and Gentlemen,
Kevin Mitchell with DWR discovered that a permit violation had occurred at Permit Site 7 (Wetland
Fill) on the CC Section during our monthly environmental compliance inspection conducted on
Wednesday, October 18th. This appears to have been an oversite by myself, the inspector, and the
contractor. From looking at the Permit Drawings we assumed that the entire hatched out area of
the wetland was to be impacted. The draw above the house at the bottom of the slope required the
installation of a "toe shear key', which consisted of a layer of fabric, Class VII shot rock, and 57
washed stone on the top. The installation of the toe shear key is to drain the bottom of the slope
and provide a stable base to construct the fill slope. Once the key was installed, a considerable
amount of water was running out of the key at the toe of the slope in front of the house along the
toe of and existing slope. This area is considered a jurisdictional wetland (Wetland WBV from PJD
Package) which is basically the yard around the existing house. I have included the permit drawings,
PJD determination for wetland WBV, and photos of the affected area. A drainage pipe and French
drain was installed from the end of the rip rapped ditch in the permitted wetland area shown in the
permit drawing, which drains the water from the toe shear key. This drainage pipe discharges at the
inlet end of the driveway pipe installed at Permit Site 8. 1 have attached a series of photos showing
the construction sequence in this area. The area in question is still very wet as I inspected the area
this morning. EC measures have been installed. There is a funky undisturbed steep slope between
Permit Sites 7 & 8. NCDOT and the contractor are looking at the slope above the outlet of the CIPP
lined pipe at Permit Site 8. The plans show a retaining wall above this pipe; however, NCDOT is
looking at options to eliminate the wall and add a fill slope in this area, which would eliminate and
tie in the naturally occurring "steep" slope. This option would require a permit modification at the
outlet end of the CIPP lined pipe (Permit Site 8) by piping the open stream channel between the CIPP
pipe and the driveway pipe (approximately 25 linear feet). Please let me know how you want to
proceed with this non -permitted wetland impact. A site visit maybe required to further assess. If
you have any questions or need additional information, please advise.
Thanks, Mark
JMT - Johnson, Mirmiran & Thompson, Inc.
An Employee -Owned Company
Mark S. Davis
Senior Associate
Environmental Scientist-CEI
40 Colonial Square

Sylva, NC 28779
D 828-477-4993
C 828-508-9670
msdavis&ht.com
'mi t.com
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