20100747 Ver 1_Notice of Violation_20121217

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION ",,, le
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BEVERLY EAVES PERDUE EUGENE A CONTI, JR
GOVERNOR SECRETARY
14 December 2012
W Corey Basinger
Winston Salem Regional Office Supervisor
Surface Water Protection Section
North Carolina Department of Environment and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699 -1617
SUBJECT Notice of Violation and Recommendation for Enforcement
NOV- 2012 -PC -0373 Permit No 20100747 U- 3326AB Rockingham County
Dear Mr Basinger
In response to the subject notice recently received by NCDOT DOH Division 7, the following is
provided
The clean-up for this issue has been completed, reviewed by Amy Euliss and Sue Homewood and
found to be satisfactory I have attached the responsible party's (AT &T and ANSCO) submittal for
clean-up that was approved by Ms Euliss along with some photographs of the clean -up while in
progress
Events that led to the violation are described in the attached documentation in detail As a summary,
our Resident Engineer's office discovered the sub - contractor for AT &T, ANSCO, had performed work
on Saturday and Sunday 17 and 18 November 2012 on Monday 19 November 2012 when arriving at
the project site The Division 7 Inspection Staff were not notified prior to the work beginning nor
during any of the duration of work or had any knowledge of the work being done Upon arriving at the
project site, the equipment and personnel belonging to ANSCO were identified and the inspector
proceeded to review their work operation and discovered the violation Immediately the work was
suspended and notification to Amy Euliss and our Division Environmental Officer was made The
crew that was performing the work was removed from the project site as well Additionally, the
encroachment agreement that was in place for the existing cable in this area is dated 1981 but was for
direct buned/trenched cable We have notified AT &T that a new encroachment agreement is required
for the directional boring
In an effort to prevent any violation of this type occurring again, Division 7 has required AT &T and
ANSCO to notify the Resident Engineer's office prior to performing any work The Division7
inspection staff will remain with any crew while this type of operation is occurring We are conducting
monthly at the least, or weekly as needed, construction meetings with the utility companies and
discussing the permitted sites (of which this was not due to no known or planned impacts) along with
required erosion control measures according to BMPs

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NOV 2012 -PC -0373
13 December 2012
The Division certainly regrets that this violation occurred and will not in the future allow or tolerate
any willful violation of any surface water or permitted area We appreciate your consideration of the
circumstances involved in this instance as it pertains to NCDOT and Division 7
If you need additional information, please do not hesitate to contact me or any Division 7 staff
Sincerely, �Q
M Mills, PE
Division 7 Engineer
JMM\ppe
cc Jason Julian, PE
Bobby Norris, PE
P 0 Box 14996 Greensboro, NC 27415 -4996 Telephone No (336) 334 -3192 Fax No (336) 334 -3637