RE_ [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County

From:Chris Rivenbark
To:Sprinkle, Hannah H; Alsmeyer, Eric C CIV USARMY CESAW (USA)
Cc:McGinness, Christopher H; Underwood, Chris; Salisbury, Jason P; Johnson, Jason A; Harrod (TranSystems),
Jennifer W
Subject:RE: [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County
Date:Thursday, November 30, 2023 1:39:55 PM
Attachments:image001.png
image002.png
image003.png
R-2561CA Wetland RF.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Good afternoon Hannah and Eric,

See below for the restoration plan for this impact site. A reforestation sheet is also attached.

Due to the possibility that compaction and/or other site alterations might prevent the temporary
wetland impact area from re-attaining jurisdictional wetland status; NCDOT shall provide an update
on the wetland area temporarily impacted. This update shall be conducted two growing seasons after
completion of the restoration work and shall consist of photographs and a brief report on the
progress of the areas in re-attaining wetland jurisdictional status. Upon submission of this update to
NCDWR and USACE, NCDOT shall schedule an agency field meeting with both agencies to determine
if the wetland areas temporarily impacted by this project have re-attained jurisdictional wetland
status. If the wetland areas temporarily impacted by this project have not re-attained jurisdictional
wetland status, the agencies shall determine if compensatory wetland mitigation is required.

Please let us know if you have any questions or need any additional information.

CHRIS RIVENBARK, PWS, CPM
919.215.6408 Cell

From: Chris Rivenbark
Sent: November 28, 2023 1:40 PM
To: Sprinkle, Hannah H <[e-mail]>; McGinness, Christopher H
<[e-mail]>; Alsmeyer, Eric C CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Underwood, Chris <[e-mail]>; Salisbury, Jason P <[e-mail]>;
Johnson, Jason A <[e-mail]>; Harrod (TranSystems), Jennifer W <ext-
[e-mail]>
Subject: RE: [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County

Hey Hannah,
I hope you had a great Thanksgiving.

To answer your question below, we plan to have a restoration summary to you in the next few days.

CHRIS RIVENBARK, PWS, CPM
919.215.6408 Cell

From: Sprinkle, Hannah H <[e-mail]>
Sent: November 21, 2023 2:12 PM
To: McGinness, Christopher H <[e-mail]>; Alsmeyer, Eric C CIV USARMY CESAW
(USA) <[e-mail]>
Cc: Underwood, Chris <[e-mail]>; Salisbury, Jason P <[e-mail]>;
Johnson, Jason A <[e-mail]>; Chris Rivenbark <[e-mail]>; Harrod
(TranSystems), Jennifer W <[e-mail]>
Subject: RE: [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County

EXTERNAL EMAIL: Do not click links or open attachments unless you trust the 'Sender' and
know the content is safe.
Good afternoon,

Thank you for providing the update. Going forward, please continue to emphasize to contractors
and operators that clearing should not take place until safety fences are installed and ideally NDCOT
has inspected the placement of the fencing. If operators are confused about the fencing perimeter,
they should not engage in any land disturbing activities until permitted areas can be verified. I’m
glad no rutting or further damage to the wetlands was observed. Would it also be possible to get a
more formal planting/restoration write-up to add to the incident report.

Thank you and I hope you all have a wonderful Thanksgiving!

Hannah

Hannah Sprinkle
Environmental Specialist II
401 and Buffer Transportation Permitting Branch
Department of Environmental Quality

[phone] (mobile)
910) 796-7379 (office)
[e-mail] ***please note my email address has changed ***

From: McGinness, Christopher H <[e-mail]>
Sent: Monday, November 20, 2023 4:05 PM
To: Sprinkle, Hannah H <[e-mail]>; Alsmeyer, Eric C CIV USARMY CESAW (USA)
<[e-mail]>
Cc: Underwood, Chris <[e-mail]>; Salisbury, Jason P <[e-mail]>;
Johnson, Jason A <[e-mail]>; Chris Rivenbark <[e-mail]>; Harrod
(TranSystems), Jennifer W <[e-mail]>
Subject: FW: [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County

Hannah/ Eric,

When I was on site on 11/15, I spoke with the CEI staff for the project. The foreman of the clearing
crew was onsite as well.

We analyzed aerial imagery, site photos, and personnel testimony. The issue appears to be difficult
access and miscommunication.

The project team held an environmental pre-con meeting to go over sequence and in-stream
moratoriums for the project. This meeting took place on 8/25, to my understanding the foreman for
the clearing crew was not in attendance for this meeting.

The clearing crew was on site starting the 11/6. The clearing crew moved to that area of the project
on 11/13. The CEI noted the un-permitted clearing on the morning of the 11/14, and we reported to
the agencies on the morning of 11/15.

I confirmed the site conditions on 11/15. Through conversation it was determined that flagging was
hung by the surveyor around site 7. The condition of site 7 at the time the surveyor hung the flags
was a thick ~2 year cut over from the previous landowners silviculture activities directly before the
DOT purchased the land. Prior to the cutting when the original delineation was completed, there
was a mature stand of trees present. The sapling layer post recent silviculture activities consisted of
sweetgum and red maples. The operator of the hydro-ax stated he could not see any flagging in the
area from his machine. The fall foliage likely contributed to the bright flagging not “popping out”.
The wetland itself is isolated and the local climate has been dry as of the past 60 days. The land was
dry and did not rut. The following operator that was grubbing had no visual indicators for soft wet
ground.

The environmental office for Division 6 discussed the findings and site conditions. Chris Underwood
and I have met with Jason Salisbury (Division construction engineer) and confirmed that he has met
with the County engineers to reiterate the importance of the sequence required by the permit. He
informed the engineers that the safety fence must go in before clearing. The Resident engineers
with have CEI staff on site to hold clearing crews if safety fence is not in place. We will continue to
have environmental pre-con meetings of course.

We regret that this incident occurred and take it very seriously. To correct the impacts made to the
jurisdictional wetland, we would like to plant facultative tree species during the planting window at
an 8 foot spacing covering the 0.069 area. We would like to document the survival rate the
following year after planting sending an update report to the agencies.

Please let us know any directives or further questions you may have.

Chris H. McGinness, PWS
Division 6 Environmental Specialist I
North Carolina Department of Transportation

910 364 0837 office
515 720 0758 Mobile
[e-mail]

431 Transportation Drive
Fayetteville, NC 28302

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Sprinkle, Hannah H <[e-mail]>
Sent: Wednesday, November 15, 2023 3:12 PM
To: Chris Rivenbark <[e-mail]>; [e-mail]
Cc: Underwood, Chris <[e-mail]>; McGinness, Christopher H
<[e-mail]>; Harrod (TranSystems), Jennifer W <[e-mail]>
Subject: RE: [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County

Chris,

Thank you for the report, please provide an update once you complete the site visit. Based on the
pictures, it appears an orange safety fence was not installed prior to clearing/grubbing. Is that
correct?

Hannah

Hannah Sprinkle
Environmental Specialist II
401 and Buffer Transportation Permitting Branch
Department of Environmental Quality

[phone] (mobile)
910) 796-7379 (office)
[e-mail] ***please note my email address has changed ***

From: Chris Rivenbark <[e-mail]>
Sent: Wednesday, November 15, 2023 11:09 AM
To: [e-mail]; Sprinkle, Hannah H <[e-mail]>
Cc: Underwood, Chris <[e-mail]>; McGinness, Christopher H
<[e-mail]>; Harrod (TranSystems), Jennifer W <[e-mail]>
Subject: [External] Unpermitted impacts, R-2561CA, NC 87 at NC 11, Columbus County

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.

USACE Action ID 2008-01509
NCDWR Project No. 20201515

Good morning,

While reviewing the plans and ESA staking yesterday afternoon, project personnel discovered that
the clearing contractor had cleared & grubbed (mechanized cleared) an entire wetland totaling
0.069 ac of which only 0.006 ac was authorized for impacts (Permit Site 7). The clearing contractor
was stopped though the additional impact had already occurred. The attached pdf shows pictures of
the cleared area as well as the permit drawing and impact summary sheet.

We wanted to notify you both and let you know that Division 6 Environmental staff will visit the site
today to further assess. Until then please let us know if you have any questions.

___________________________________

CHRIS RIVENBARK, PWS, CPM
Project Delivery Leader

8601 Six Forks Road
Forum 1 - Suite 700
Raleigh, NC 27615

919.215.6408 Cell | 919.878.9560 Main
www.rkk.com

Responsive People | Creative Solutions

“RK&K" and "RK&K Engineers" are registered trade names of Rummel, Klepper & Kahl, LLP, a Maryland limited liabilitypartnership. This message contains confidential information intended only for the person or persons named above. If you havereceived this message in error, please immediately notify the sender by return email and delete the message. Thank you.Rummel, Klepper and Kahl, LLP ensures nondiscrimination in all programs and activities in accordance with Title VI of the CivilRights Act of 1964. RK&K does not discriminate on the grounds of race, color, or national origin in the selection and retention ofsubcontractors. We also note that RK&K will ensure minorities will be afforded full opportunity to submit proposals and not bediscriminated against on the grounds of race, color, or national origin in consideration for an award.Rummel, Klepper and Kahl, LLP is an equal opportunity employer that values diversity at all levels. If you need more informationor special assistance for persons with disabilities or limited English proficiency, contact our Human Resources office at [phone] for further assistance.

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.