20001432 Ver 8_EEP Acceptance Letters_20091103

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Govemor Director Secretary
August 17, 2011
John Olinger
Division 6 Construction Engineer
902 N. Sandhills Blvd
Aberdeen, NC 28315
Subject R-2417AA Non Compliance
Dear Mr. Olinger
This letter is in reference to non compliance issues on the proposed US 421-NC 87 (Sanford Bypass) from
West of SR 1400 to West of US-1/15/501 in Lee County. Federal Aid project No. STPNHF-421(2)), State
Project 8.T540402, TIP Project No. R-2417AA, DWQ Project No: 00-1432.'
Mr. Barry Harrington with the NCDOT Roadside Environmental Unit has notified the Division of Water
Quality on two separate occasions of sediment loss into jurisdictional waters on this project. During
inspection of the losses on June 8, 2011 and July 12, 2011 unauthorized sediment and stone discharges
were noted in several locations along Big Buffalo Creek and Patterson Creek. Furthermore on July 12 ,
during the inspection of Permit Site.5 (Station 87+90); it was noted that the contractor was installing a 54°
culvert in the permitted perennial stream without appropriate BMP's and dewatering measures. This
resulted in excessive turbidity and sediment loss downstream of the project.
On August 16, 2011, DWQ and the NCDOT Roadside Environmental Unit conducted a
NPDES/Construction Stormwater review of the project. During this inspection we found inadequate erosion
control measures and an excessive lack of ground.cover in the vicinity of Ramp B. The major concerns
were located at the inlet structure and outfall pipe of the proposed dry retention basin and at a silt basin
being used to dewater the 54" bore site at Sta. 33+00/33+65. In both of these areas, excessive turbidity
and sediment were discharging into waters of Patterson Creek.
The issues described above are violations of NC Statutes 15A NCAC 2B. 0211(3)f and 15A NCAC 2B
.0211(3)k, as well as Conditions 18 and 33 of the 401 WQC issued to this project and NCDOT's NPDES
permit.
DWQ request that DOT and their contractor address the concerns described above and other potential non
compliance issues on this project immediately. An inspection will be conducted on Wednesday, August 24. If these
issues have not been addressed and/or if any violation of the conditions of the 401 Water Quality Certification,
NPDES permit or Water Quality Standards is noted, DWQ will be forced to issue a Notice of Violation and possibly
seek enforcement action and civil penalties:
If you have any questions or need any additional information, please do not hesitate to call me at [phone].
225 Green St, Suife 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: [phone]
Internet www.ncwaterauality.orq
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Sincerely,
Mason Herndon
Division of Water Quality
Surface Water Protection
cc: Marty Tillman, PE, Division 8 Resident Engineer
Sarah Lentine, PE, Division 8 Assistant Resident Engineer
Art King, Division 8 Environmental Officer
Belinda Henson, SWPS Fayetteville Regional Office
. Ronnie Smith, US Army Corps of Engineers, Wilmington District Office
Barry Harrington, NCDOT Roadside Environmental
Brian Wrenn, DWQ Wetlands/401 Transportation Group
Sonia Carillo, NCDWQ Central Office .
File Copy
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] I FAX: [phone]
Internet: www.ncwaterouarlN.orq
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NorthCarolina
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PROGRAM
November 3, 2009
Mr. Gregory J. Thorpe, Ph.D.
Manager, Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
--e
O
00 R-2417C, US 421/NC 87 (Sanford Bypass) from east of NC 42 to near SR 1138, Lee
County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory riparian wetland mitigation for the subject project. Based on the information supplied by you on
November 3, 2009, the impacts are located in CU 03030004 of the Cape Fear River Basin in the Southern Piedmont
(SP) Eco-Region, and are as follows:
Cape Fear Stream Wetlands Buffer (Sq. Ft.)
03030004 Non- Coastal
SP Cold Cool Warm Riparian Riparian Marsh Zone 1 Zone 2
Impacts 0 0 0 0.04 0 0 0 0
feet/acres
Mitigation Units 0 0 0 0.08 0 0 0 0
(Credits-up to 2:1)
EEP commits to implementing sufficient compensatory riparian wetland mitigation credits to offset the
impacts associated with this project by the end of the MOA Year in which this project is permitted, in accordance
with Section X of the Amendment No. 2 to the Memorandum of Agreement between the North Carolina Department
of Environment and Natural Resources, the North Carolina Department of Transportation, and the U. S. Army Corps
of Engineers, fully executed on March 8, 2007. If the above referenced impact amounts are revised, then this
mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from
EEP.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-
1929.
Sincer I
Willi . Gilmore, P.E.
EEP Director
cc: Ms. Kimberly Garvey, USACE - Wilmington Regulatory Field Office
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
File: R-2417C - 2
Prot" Oar stag
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ICDEIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 / www.nceep.net