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DEPART��ENT OF TRANSPORTATION r� ��,
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BEVERLY EAVES PERDUE DIVLSIONOFHIGHWAYS EUGENE A C`rO�I 7R
GpVERNOR SECRETARY C/y
December 2 2011
Ms Belinda S Henson
Fayetteville Regional Supervisor
NC Division of Water Quality
Fayetteville Regional Office
225 Green St Suite 714
Fayetteville NC 28301 5043
Sub�ect Notice of Violation
NOV 2011 —WP 0001
North Carolina Department of Transportation
Pro�ect No 20001432
R 2417AA US-421/NC 87 (Sanford Bypass)
Lee County
Dear Ms Henson
This letter is in response to your November 21 2011 Notice of Violation on the above
referenced pro�ect Division 8 stafF along with the Central Construction Urnt investigated the
actions which resulted m the violation As stated in your letter the Contractor (DeVere
Construction Company) set up a pumping operation on November 9 2011 that resulted in
offsite settlement in a permitted site You have requested actions taken to correct this
discharge and actions that will be taken to prevent further unauthonzed discharges to surface
waters
Based on the investigation on November 9 2011 DeVere planned to dewater an ad�acent
construction area into a sediment basin which was currently holdmg water They informed the
DOT inspector they were going to pump the water currently in the basin into a water truck to be
spread on the pro�ect so they would have capacity in the basin the next morrnng to dewater the
construction site The inspector came back to the site after hours to find the Contractor
pumping from the basin directiy on the ground withm the pro�ect limits He immediately shut off
the pump and notified his supervisor The turbid water was bemg pumped from the skimmer
basin down a disturbed slope directly mto silt fence that outlets into a wetland The silt fence
undermined and sediment was lost into the wetland at site no 1 (Station 26+00 Lt—L } The
Contractor informed the Inspector that he thought the water would make it the next basin but
did not check to see if any grading had been performed to in this area that would prohibit this
flow
The following mornmg Roadside Environmental Urnt was notified and in turn Mason Herndon
was also notified of incident All work on the pro�ect was suspended on November 10 2011
MAILING ADDRESS TE�EPHONE 910 944 2344 LOCATION
DIVISION ENGINEER S OFFICE FAX 910 944 5623 902 N SANDHILLS BLVD
P O BOX 1067 ABERDEEN NC 28315
ABER�EEN NC 28315 WEBSITE WWW NCDOT ORG
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December 2 2011
Paqe 2
with the exception of erosion control items An ICA was also issued on November 10 2011 and
has been continued until all erosion control items on the pro�ect have been caught up to date
The Contractor removed the off site sediment at Site no 1 by hand on November 10 2011 At
a meetmg held on site November 15 2011 the Contractor s Supenntendent Lane McDoweil
admitted that he directed the operation which led to the silt loss and did not check to see where
the water was gomg At this meeting the Department was prepared to remove Mr McDowell
from the pro�ect however DeVere took it upon themselves to remove him from the pro�ect
The Department is m the process of recommending that Mr McDowell s Erosion Control
Certification be revoked as well
The Department is committed to adhering to the environmental permits for this proJect The
Resident Engineer has assigned an inspector�ust to monitor erosion control/permit compliance
on the pro�ect Roadside Environmental Unit is performmg biweekly erosion control inspections
and the Department is performing the weekly NPDES mspections alongs�de the Contractor s
personnel to ensure devices are implemented per plan corrective measures are documented
and actions are taken m a timely manner If further information is needed please let me know
` Sincerely
�—
Tim Johnson E
Division Engineer
cc Ronnie Smith USACOE
Brian Wrenn DWQ
J G Nance PE
Don Lee
M C Tillman
R A Hancock PE
File
Greg Thorpe
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North Carolina Department of Transportation
Eros�on and Sed�mentation Controi/Stormwater Report
Roadside Environmentai Unit
Sanford Resident
Pro�ect Number 34431 3 7 Date of inspection 12/01/2011 Evaluator Tommy Chapin
LocaUon US 421/US 87(Sanford Bypass)from west of SR 1400 to west of US 1/15/501
Pro�ect Type Contract County LEE Drvision 8 TIP Number R 2417AA
Length of Pro�ect 4 40 D�sturbed Acreage 15 The Pro�ect is Located�n a HQW Zone N Trout Zone N
Pro�ect Evaluation
Length Section Descnption Installation of Maintenance Effectrveness Plan Overatl Pro�ect
Measures of Measures of Measures ImpiementaUon Evaluation
3 80 Remainder of Pro�ect 8 8 8 8 8
0 60 Permitted Area(s) 8 8 8 8 $
Grade Scale
10 Excellent 9 V Good 8 Good 7 Fa�r
6 0 Immediate Correct�ve Action Needed
Permit Consultation Comments
Remarks and Recommendations
Pro�ect was reviewed by Roadside Environmentai Fields Operations Techn�cian Tommy Chapm
The ICA status on this pro�ect has been lifted at this time A follow up review of the the pro�ect was conducted with NCDOT
inspector poug Burke and e c foreman Johnny Smith that indicated that corrective measures have been taken to bnng pro�ect
back into compliance
Heavy rains m excess of 2 fell on pro�ect Tuesday Contractor has completed mamtenance needs from BOP to sta 120+00 and will
complete maintenance by end of workday on Fnday Note that pro�ect has held up well to this amount of ram
Contractor has addressed seedmg needs through most all of pro�ect Seeding contractor was onsite at time of rev�ew and had
completed vegetative stabdization of all permit sites Contractor has temp seeded approx 10 acres and permanent seeded 2
acres The 2 acres of permanent seedmg has been at permit sites Contractor is agam encouraged to perform seeding to meet 21
day seedmg requirements
Work has started on storm water basin in quadrant B Contractor has installed a 2 ft nser to increase storage and has utilized 2
skimmers to dewater and reduce turbidity levels Additional measures have been installed upgrade from storm water basin and
contrador indicated that adequate measures type a checks and wattles would be installed asap High pnonty along quadrant B
rema�ns to keep exposures to a mimmum continue with use of PAM as per DWQ continue to install adequate measures and
perform all work continuously until site is stabdized
Note the following
Permit Sites-
1)Quadrant B Continue to address installation needs type a checkshnrattles with PAM above storm water basin
Continue to address temp seeding needs to keep bare areas to a minimum and reduce turbidity
Permanent s/m slopes from sta 18+00 to sta 21+OOIt of L
Sta 23+00 to sta 24+OOIt of L Channel was supplemental seeded but due to recent high water recommend reseed
2)Patterson Creek Sta 33+50rt of l@ outlet end of 54 pipe Haul road along Ramp C and permitted area has been temp
seeded/mulched Remaining exposed areas on Ramp C have been temp muiched and tacked Continue to momtor for stabdity
3)Sta 37+00 to sta 39+OO�t of Y Has been temp seeded and mulched Address rock platmg work on slopes in a timely manner
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as work progresses through this section
4)Sta 48+00 to sta 50+00 Blasting work completed N of creek Continue to maintain berm across grade below blasted section
5)Sta 88+OOrt of L Pipe is perched DWQ has talked to Dept and contractor about installing step down structures in this location
6)Sta 120+00 Inlet and outlet ends of culvert/pipe have been stabdized Slopes have been stage seeded
As fill work continues install berms/slope drams per plans to handle water down slopes and divert to basms
Continue to address stage seeding of slopes in a timely manner
7)Sta 177+OOrt of L Contractor installing 54 crossline pipe s of culvert at time of review Installation of ineasures and temp
seeding was being addressed at time of rewew on It side of culvert After completion of 54 pipe need to grade outlet and inlet
ends of pipe and stabdize asap Recommend install secUons of sscf in low areas of sdt fence ItBrt s�de Contmue to mamtain
diversion across haul yd at sta 178+50 N side of creek As fill work begms install berms/slope drams per plans and address stage
seeding of slopes in a timely manner
8)Sta 195+OOIt of L Pipe has been installed Backfill has started Need to complete installation of basm 18 2 No channels wdl be
constructed at inlet end of crossline pipes
Remamder of pro�ect
1)Sta 88+00 to sta 120+00-This area was temp mulched/tacked in August Need to temp s/m(wintenze) if grading work is not
started soon�#Ensure inlet protection and sdt basins are mstalled as per plans as dramage structures are mstalied i e basm
10 3f
2)Sta 202+00 to sta 209+00 Contractor has been actrvely grading Contractor has installed temp diversions to divide up drainage
area As hauling/grading continue stage s/m slopes and direct ma�or amount of runoff to skimmer basin
General comments Continue to address contruction entrances throughout pro�ect
As grading continues on pro�ect ensure contractor takes all reasonable measures to prevent offsite sediment
Need to contmue to make use of diversions/berms/slope drains to handle flow Add additional slope drams as needed to
handle heavy flow
Ensure that PAM is being applied to all arcled wattles and wrapped type a checks after each 1/2 inch rain event
Address seedmg needs to meet 21 day seedmg reqwrements
denotes permitted sites
NPDES was rewewed Records were up to date and in good order Continue to address field plans and complete NPDES form
weekly and/or after each 1/2�nch rain event
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