20150029 Ver 1_Notice of Deficiency_20151201

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Water Resources
ENVIRONMENTAL OUALITY
Dec�mber l, 2015
CERTIFIED MAIL #7013 3020 0000 7632 0253
RETURN RECEIPT REQUESTED
Mr. Reuben , P.E., Division Engineer
Division 12
North Carolina Department of Transportation
P O Box 47
Shelby , 28151-0047
Subject: NOTICE OF DEFICIENCY
NOD-2015-PC-0293
No.th Carolina Be�artr:ient of Trar.spertat:cn
NCDWR Project No. 20150029
Iredell County
Dear Mr. Reuben:
PAT MCCRORY
c�,�e,�r,��,-
DONALD R. VAN DER VAART
secrerary
S. JAY ZIMMERMAN
D�recla�
On November 20, 2015, Donna Hood of the North Carolina Division of Water Resources (NCDWR)
Mooresville Regional Office conducted an on-site inspection of project the I-77 Rest Area (waste/stock
pile area on Tomlin Mill Road), in Iredell County. In addition to NCDWR staff, Trish Beam, Jeff Wyatt,
Neil Trivette, Mark Taylor, P.E., Mark Lynch, Bryson McAlpin, and Doy Levan were also present during
the inspection and their time and assistance is greatly appreciated.
Observations made during the inspection are summarized below:
Feature Affected Area
Nature of the Observation T /Name �ation a o�mate
UT to Patterson >500 feet of
sediment loss frommuhiple areas n/a
Creek stream
sediment loss from muhi le areas Wetlands n/a >1000 s. ft
Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff
revealed thai the violation occurred as a result of impraper operation and maintenance of sediment and
State of North Carolina �Environmental Quality � Water Resources �
1617 Mail Service Center, Raleign, North Carolina 27699-1617
?hone:9?9-807-63G0

erosion control measures, inadequate measures required for proper stormwater management on site,
improper management of stockpile slopes and associated stabilization, improper site review, and heavy
rain events occurring after lack of site management.
By the time of the inspection with Ms. Hood, significant site clean-up had begun. All improperly
constructed stockpiles had been corrected to appropriate slopes and stabilization, all silt fencing and stone
cutlets had been repaired, additional d:version c3itches had been cut to appropriately carry stormwater to
the designated BMPs, additional wattles with PAM had been installed, and approximately half of the
sediment in the stream had been removed by bucket brigade. Although, had some of these site
management measures been implemented initially, the site would have had minimal failures, the site
clean-up effort was commendable.
The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing wetlands and streams:
The unauthorized release of sediment to jurisdictional wetlands is a violation of Wetland Standards
Title 15A North Carolina Administrative Code 02B .0231 (b), which states:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(c) The chemical, nutrient and dissolved oxygen regime of the wetland;
(d) The movement of aquatic fauna;
( fl Water levels or elevations
The discharge of other wastes and/or sediment into Patterson Creek, a jurisdictional water of the
State, is a vioiation of Title 15A Nor�h Carolina Administrative �ode 02B .0211 (3)f, which
states:
"Oils; deleterious substances; colored or other wastes: only such amounts as shall not
render the waters injurious to public health, secondary recreation or to aquatic life and
wildlife or adversely affect the palatability of fish, aesthetic quality or impair the
waters for any designated uses."
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this notice.
Your response shall include the following:
All additional measures added to the approved sediment and erosion control plan
Additional measures taken to ensure proper inspection of the site
Documentation/pictures of all clean-up activities
Your response should be sent to this office:
NCDEQ, Division of Water Resources
c/o Ms. Amy Chapman
i o 17 1��ISC
Raleigh, NC 27699-1617

Thank you for your attention to this matter. This office requires that the violations as described above be
properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or
assessments of civil penalties.
If you have any questions or require any additional information, please contact Donna Hood at (704) 235-
2193 or [e-mail] or myself at [phone] or [e-mail].
Sincerely,
s
Amy Chapman, Supervisor
Transportation Permitting Unit
Enclosures: Inspection Repor[
Electronic copies only:
Steve Kichefski, US Army Corps of Engineers, Asheville District Office
Trish Beam, NCDOT, Division 12 Environmental Officer
DEMLR, Zahid Khan Regional Office
File Cop-y

Wetland Inspection Report
Project Num: 20150029
Project Name: NCDOT - I-77 Rest Area
County: Iredell
Location: NCDOT - I-77 Rest Area �
Latitude: +35° 54' 10"
SW Plan Location
Site Owner Name NC DOT PDEA
Inspection Date: 11/20/2015
Reason for Inspection Routine
Inspection Type: Records/File Review (DOT)
Inspection Contact Person:
On-Site Representative(s):
Primary Inspector: Donna Hood
Secondary Inss�e�tor(s):
Version: 1
Title:
Facility Compliance Status: ❑ Compliant � Not Compliant
Program Areas: Construction SW (NCG010000)
Question Areas:
� NCG01000G Permit
Inspection Summary:
Status: Issued
' Project Type: Rest station
Region: Central
Longitude: -80° 51' 22"
Phone:
Phone:
�
page: 1

Site Number: 20150029
Inspection Date: 11/20/2015
Owner: Thorpe, Gregory
Inspection Type: Records/File Review (DOT)
NCG010000 Permit , •
# Is this inspection related to a DLR/deiegated program inspection?
If Yes, what was the DLR/delegated program inspection date?
Is the site following its E&SC Plan as per DLR or delegated program?
Is the site maintaining their E&SC measures as per DLR or delegated program?
Is a copy of the approved E&SC plan on site?
Is a rain gauge present on-site or is MPE in use for the site?
Reason for Visit: Routine
Yes No NA NE
❑ � L� ❑
❑ � ❑ ❑
❑ � ❑ ❑
� ❑ 0 ❑
� ❑ ❑ ❑
Is rain gauge data or MPE data recorded? �❑❑❑
Are inspection records complete? �❑ �] ❑
Is the site compliant with other conditions of the NCG010000 permit? ❑�❑❑
Comment: The waste site had sediment loss fillinq >500' of stream and an adiacent wetland from rain events durin4
the first two weeks of November. Site insqections were not qerformed per the reauirements in the NCG01
peneral construction stormwater permit, which is within 24 hours of each 0.5" rain event. The NPDES
records were not siqned bv a DOT affiliated individual as repuired.
page: 2