20080478 Ver 1_Notice of Violation_20080828

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' Michael F. Easley, Governor
William G. Ross Jr., Secretary
T1.4 t?rJc4? kdfthi ina artment of Environment and Natural Resources
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Mr. Mike Pett&hn
Division Engineer, Division 11
North Carolina Department of Transportation
PO Box 250
North Wilkesboro, North Carolina, 28659
Subject: SR 1401 (Bryan Road)
Surry County
DWQ No: 08-0478
Dear Mr. PettAohn:
Coleen H. Sullins, Director
Division of Water Quality
August 25, 2008
On August 15, 2008, Heath Slaughter, Division Environmental Officer contacted Amy Euliss,
Division of Water Quality, regional staff, to report filling of approximately 300 linear feet of an
Unnamed Tributary to Toms Creek at Station No. 71+61 with sediment loss from the above
referenced project. This fill of a jurisdictional stream without authorization is a violation of 15A
NCAC 2H.0500.
The Division has noted that site inspection records give no indication as to when the loss
occurred. Proper regular inspections are essential to ensure project compliance with water
quality regulations. According to the NCDOT's applicable requirements of the NCG0100000,
"visible sedimentation found outside of the disturbed limits shall be recorded and an explanation
shall be kept with the records as to the measures taken to control future releases. Any measures
taken to clean up the sediment that has left the disturbed limits shall also be recorded." This
failure should have been noticed during weekly roadside inspections and/ or during inspections
occurring within 24 hours after any storm event greater than 0.5 inches of rain. However, since
the records did not note the loss, we have no way of knowing how long ago this occurred. The
Division should be notified within 24 hours following a sediment loss into surface waters.
The Division has noted that this is the third incident involving non-compliance to NCS000250.
Past instances include the sediment loss associated with the Wilkes Rest Area on July 13, 2008,
and the secondary road project on Darby Road in Wilkes County on or before May 7, 2007.
Please note that non-compliance with Division of Water Quality permits can lead to a Notice of
Violation with Intent to Enforce, which are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation.
The Division appreciates the open communication that occurred following the discovery of the
sediment. After Mr. Heath Slaughter, Division 11 DEO, was notified, DOT took immediate
action upon discovery of this violation notifying the Division and restoring the channel as best as
possible.
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]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Mr. Mike Pettyjohn, P.E.
August 25, 2008
DWQ #08-0478
Page 2
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,
l?
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