20100782 Ver 1_Notice of Violation_20120329

STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION �srPQ��
Division of Highways
BEVERLY EAVES PERDUE
GOVERNOR
March 23, 2012
Mr Robert B Krebs
Surface Water Protection Section
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
CONTRACT NO C202596
TIP R2533CC
WBS 3444839
COUNTY Cabarrus
DESCRIPTION NC 49 from East of Walker Road to East of NC 73
SUBJECT Notice of Violation (NOV -2012 PC 009 1)
Mr Krebs,
EUGENE A CONTI JR
SECRETARY
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This letter is in response to the Notice of Violation (NOV) issued by your office on March 13, 2012
Please accept the following explanations
Item I 401 WQC Condition Violations — (Requested Responses to 1 and 2)
The temporary erosion control (EC) measure in question was removed on March 7 2012 and the final
site work performed per the permit and construction plans The inadvertent placement of the EC device
in a jurisdictional stream was a result of a conflicting plan and permit drawings which was, based in
part, on the designers not having the final permit drawings for that area after a subsequent 2010
jurisdictional review where Site 5 was added The EC device, once in, was only kept in place as long
as it was needed to prevent further downstream impacts It has now been removed and the site
completed per the construction plans Further input by North Carolina Division of Water Quality
(NCDWQ) for an acceptable final condition of the site is welcomed as we seek closure on this issue
Discussions have been held with the North Carolina Department of Transportation s (NCDOT) Soil
and Water Engineering Section, Natural Environment Unit, Division 10 staff and contractor personnel
in an effort to prevent future design related issues and the actual installation of basins in jurisdictional
areas (See Response Attachment A for current photos of this site — photos 9, 10, 11, 12 and 1 13)
MAILING ADDRESS TELEPHONE [phone] LOCATION
NC DEPARTMENT OF TRANSPORTATION FAX [phone] NC 740 BYP E
RESIDENT ENGINEER ALBEMARLE ALBEMARLE NC
716 W MAIN ST WEBSITE HTTP / /WWW NCDOT ORG /DOH/
ALBEMARLE NC 28001