20080737 Ver 3_Compliance Inspection Comments_20130501

PAT MCCRORY
GOVERNOR
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
April 25, 2013
Mr. Mason Herndon
NC Department of Environment and Natural Resources
Division of Water Quality
225 Green St., Suite 714
Fayetteville, NC 28301 -5095
ANTHONY J. TATA
SECRETARY
Subject: Non - Compliance at Site 5 on X -2C (Fayetteville Outer Loop - C202684) - Basin
Removal
Dear Mr. Herndon:
I am writing in response to your April 11, 2013 letter of non - compliance at Site 5 (Sta. 129 +60 to
130 +20 -L -) on the X -2C Fayetteville Outer Loop project.
The inspection staff and the Area Roadside Environmental Engineer determined the subject basin
could be removed. The Chief Inspector along with the Contractor's Erosion Control Foreman
and Equipment Operator then discussed the process necessary for removal of the basin. This
included cleaning of the sediment from the basin and placing it on the grade rip or to backfilling
the basin. The Equipment Operator took it upon himself to backfill the basin without first
removing the sediment. His actions caused some of the sediment /mud to be pushed out of the
basin and into the adjacent wetland area. Once discovered the Inspector immediately advised the
Division Environmental Officer and the Contractor began cleaning up the displaced material.
Upon completion of the cleanup effort, the work was reviewed and determined satisfactory. The
Equipment Operator was removed from the equipment and was assigned other duties to avoid
reoccurrence.
In order to prevent further unauthorized discharges to surface waters and /or wetlands on the
project, this action has been discussed with the Contractor and staff. The Contractor plans to
have a Level 2 Foreman at each location involving the installation or removal of an erosion
control device. Their long term plan includes training other employees to be Level 1 Certified
Installers.
P. O. Box 1150 — Fayetteville, North Carolina 28302 — Phone: [phone] — Fax: [phone]

Mr. Mason Herndon
April 25, 2013
Page 2
If you have any questions or additional concerns about these repairs, please call Tracey Pittman,
Jim Rerko, or me at 910- 486 -1493. Thank you for your continued support and cooperation.
Yours very truly,
�
Gregor-y W. Burns, P. E.
Division Engineer
cc: Mr. Ron Hancock, P.E.
ec: Mr. Randy Wise, P.E.
Mr. Jim Rerko, P.W.S.
Mr. Jerry Yarborough
Mr. Ronnie Smith
Mr. Wiley Jones, P.E.