HomeMy WebLinkAboutDWR ResponseFrom: Mitchell, Robert K
To: Davis. Mark; Barnett. Kevin H; Dockery. Jacob A
Cc: Amschler. Crystal C CIV USARMY CESAW (US); Matthews. Monte K CIV USARMY CESAW (USA); Breedlove.
Patrick J; McHenry, David G; Rance Adams; Bishop, Joseph M
Subject: RE: [External] FW: A-0009CC Permit Violation at Permit Site 7 - Wetland Fill and Disturbance
Date: Wednesday, October 25, 2023 2:56:00 PM
Attachments: imaae001.pna
Mark, Adam, and Kevin,
In order to bring the project back into compliance with the 401 Water Quality Certification you have
two options.
Option 1— Restore the wetland to pre-existing conditions and contours. Restoration will also need
to include a planting plan to replace herbaceous wetland vegetation that was removed.
Option 2 — If the impacts are unavoidable, submit a modification to DWR providing a narrative
explaining why the impacts cannot be avoided. Please include all wetland areas that may be
affected by the altered hydrology and a mitigation plan for unavoidable impacts.
DWR requests that you respond by November 3, 2023. If you need additional time let me know.
Kevin Mitchell
Environmental Specialist II
Division of Water Resources
401 & Buffer Transportation Permitting
NC Department of Environmental Quality
828-296-4650 Office
828-231-1580 Mobile
Email Kevin.mitchell(@deq.nc.gov
NC DEQ Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
U
From: Matthews, Monte K CIV USARMY CESAW (USA) <Monte.K.Matthews@usace.army.mil>
Sent: Wednesday, October 25, 2023 12:56 PM
To: msdavis@jmt.com
Cc: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>; Mitchell,
Robert K <kevin.mitchell@deq.nc.gov>; McHenry, David G <david.mchenry@ncwildlife.org>;
Barnett, Kevin H <khbarnett@ncdot.gov>; Breedlove, Patrick) <pjbreed love@ncdot.gov>; Dockery,
Jacob A <jadockery@ncdot.gov>; adamscontracting3@gmail.com; Bishop, Joseph M
<jmbishop@ncdot.gov>
Subject: [External] FW: A-0009CC Permit Violation at Permit Site 7 - Wetland Fill and Disturbance
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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.mchenryJ ncwildlife.org>
Cc: Barnett, Kevin H <khbarnettna ncdot.gov>; Breedlove, Patrick <bibreedlovena ncdot.gov>;
Dockery, Jacob A <iadockeryna ncdot.gov>; dcabena rkk.com; Rance Adams
<adamscontracting3Pgmail.com>; Bishop, Joseph M <imbishoQPncdot.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&'mt.com
'mi t.com
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