20070965 Ver 1_General Correspondence_20080806

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Mr. Mike Pettyjohn
Division Engineer, Division 11
North Carolina Department of Transportation
PO Box 250
North Wilkesboro, North Carolina, 28659
Subject: Wilkes Rest Area
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 28, 2008
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Wilkes County
DWQ No: 07-0965 Ir'7p_3
Dear Mr. Pettyjohn:
On July 18, 2008, Heath Slaughter, Division Environmental Officer contacted Amy Euliss,
Division of Water Quality, regional staff, to report filling of approximately 200 linear feet of an
Unnamed Tributary to Little Cub Creek at Permit Site no. 1 with sediment loss from the above
referenced project due to slope failure and failures of multiple erosion control measures. The
Division of Land Quality reported the sediment loss after their discovery and site inspection on
July 17, 2008. This fill of a jurisdictional stream without authorization is a violation of 15A
NCAC 2H.0500.
It is our understanding that neither the Division Environmental Officer nor the Roadside
Environmental Field Operations Engineer were made aware of the sediment loss until the
complaint was received from Land Quality. According to NPDES permit no. NCS000250, all
sediment and erosion control measures shall be inspected once every 7 calendar days and within
24 hours after any storm event greater than 0.5 inches of rain. Thorough inspection of these
measures should have made the DOT and contractor staff aware that the failures had occurred,
and the appropriate individuals should have been notified. It is concerning that the Division of
Water Quality was not notified until July 18, 2008 when the event occurred July 13, 2008, five
working days after the loss occurred. The Division should be notified immediately following a
sediment loss, and prior to any restoration activities in surface waters. After Land Quality's
discovery, failures and erosion control measures were repaired in the area and sediment was
removed from the stream where accumulation was significant. The channel was restored as best
as possible. Please note that Amy Euliss conducted a follow up inspection of the affected
channel on July 24, 2008 and found that the restoration work and repair work were adequate.
However, some of the silt fences were noted to require additional repairs.
The Division has noted that documentation indicating proper routine inspections were available
for review, however these documents did not include detail explanations of the failures and what
was done to remedy the situation. Proper regular inspections are essential to ensure project
compliance with water quality regulations. The Division requires that this project be inspected
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX [phone]
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Mr. Mike Pettyjohn, P.E.
July 28, 2008
DWQ #07-0965
Page 2
as per NCS000250 until sufficient permanent vegetation growth exists on all fill and cut slopes.
As part of this inspection, all erosion control measures at the bottom of the fill slope in the area
of sediment loss must be inspected and maintained as necessary. It is very important that DOT
and Contractor staff thoroughly inspect the stormwater runoff discharges, including but not
limited to the outfalls. Inspection records must be kept and provided to the Division upon
request.
In addition to the sediment violation, Ms. Euliss noted while on site the presence of hydraulic
fluid in 2 of 3 sediment basins, which occurred as a result of the water line installation. I want to
remind you that as part of the NPDES permit NCS000250, any spilled fluids shall be cleaned up
to the extent practicable and disposed of in a manner so as not to allow their entry into the
waters, surface or ground, of the state.
The Division appreciates the open communication that occurred during this. After Mr. Slaughter
and Mr. Trivette were notified, DOT took immediate action upon discovery of this violation.
We look forward to continued communication and assistance on this, and future projects. If you
have any questions or comments, please do not hesitate to contact Amy Euliss at 336-771-4959
or at [e-mail].
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
CC: Heath Slaughter, NCDOT, Division 11 DEO
Neil Trivette, NCDOT Roadside Environmental Unit
Monte Matthews, USACE Raleigh Regulatory Field Office
DWQ, Winston-Salem Regional Office
DWQ Wetlands 401 Unit Transportation Group