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HomeMy WebLinkAbout20070965 Ver 1_General Correspondence_20080806\ NA T ?9pG co r Mr. Mike Pettyjohn Division Engineer, Division 11 North Carolina Department of Transportation PO Box 250 North Wilkesboro, North Carolina, 28659 Subject: Wilkes Rest Area Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality July 28, 2008 L ? i t n x er M1' T. I 'f+1 00 Wilkes County DWQ No: 07-0965 Ir'7p_3 Dear Mr. Pettyjohn: On July 18, 2008, Heath Slaughter, Division Environmental Officer contacted Amy Euliss, Division of Water Quality, regional staff, to report filling of approximately 200 linear feet of an Unnamed Tributary to Little Cub Creek at Permit Site no. 1 with sediment loss from the above referenced project due to slope failure and failures of multiple erosion control measures. The Division of Land Quality reported the sediment loss after their discovery and site inspection on July 17, 2008. This fill of a jurisdictional stream without authorization is a violation of 15A NCAC 2H.0500. It is our understanding that neither the Division Environmental Officer nor the Roadside Environmental Field Operations Engineer were made aware of the sediment loss until the complaint was received from Land Quality. According to NPDES permit no. NCS000250, all sediment and erosion control measures shall be inspected once every 7 calendar days and within 24 hours after any storm event greater than 0.5 inches of rain. Thorough inspection of these measures should have made the DOT and contractor staff aware that the failures had occurred, and the appropriate individuals should have been notified. It is concerning that the Division of Water Quality was not notified until July 18, 2008 when the event occurred July 13, 2008, five working days after the loss occurred. The Division should be notified immediately following a sediment loss, and prior to any restoration activities in surface waters. After Land Quality's discovery, failures and erosion control measures were repaired in the area and sediment was removed from the stream where accumulation was significant. The channel was restored as best as possible. Please note that Amy Euliss conducted a follow up inspection of the affected channel on July 24, 2008 and found that the restoration work and repair work were adequate. However, some of the silt fences were noted to require additional repairs. The Division has noted that documentation indicating proper routine inspections were available for review, however these documents did not include detail explanations of the failures and what was done to remedy the situation. Proper regular inspections are essential to ensure project compliance with water quality regulations. The Division requires that this project be inspected North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-4600 Customer Service Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NOne Caro ?tura? Mr. Mike Pettyjohn, P.E. July 28, 2008 DWQ #07-0965 Page 2 as per NCS000250 until sufficient permanent vegetation growth exists on all fill and cut slopes. As part of this inspection, all erosion control measures at the bottom of the fill slope in the area of sediment loss must be inspected and maintained as necessary. It is very important that DOT and Contractor staff thoroughly inspect the stormwater runoff discharges, including but not limited to the outfalls. Inspection records must be kept and provided to the Division upon request. In addition to the sediment violation, Ms. Euliss noted while on site the presence of hydraulic fluid in 2 of 3 sediment basins, which occurred as a result of the water line installation. I want to remind you that as part of the NPDES permit NCS000250, any spilled fluids shall be cleaned up to the extent practicable and disposed of in a manner so as not to allow their entry into the waters, surface or ground, of the state. The Division appreciates the open communication that occurred during this. After Mr. Slaughter and Mr. Trivette were notified, DOT took immediate action upon discovery of this violation. 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 amy.euliss@ncmail.net. Sincerely, 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