20120673 Ver 3_Notice of Deficiency 3_5_18_Response_20180406

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
Apri16, 2018
Ms. Amy Chapman
Transportation Planning Branch, Supervisor
NCDENR, Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Notice of Deficiency NOD-2018-PC-0082
Dear Ms. Chapman:
JAMES H. TROGDON, III
SECRETARY
In reference to the above noted Notice of Deficiency (NOD) issued by letter dated March 5, 2018,
the Deparhnent offers the following response as requested in your letter.
Your letter states that the NOD was issued due to violations occurring as a result of improper
maintenance and installation of the BMPs, lack of personnel for clean-up and repair of sediment
and erosion control measures, failure to prioritize the clean-up of sediment in the stream, failure to
completely remediate jurisdictional site failures, and failure to report within 24 hours. Further
observations of these issues were provided in comments listed as items 1-7. We offer the
following comments in regards to these observations:
1. The storm events leading to the described violation produced rainfall amounts of 0.9" and
1.63". We do not have records to verify the rainfall intensity (inches per hour) of these
storms; however, assuming that the total rainfall occurred over the course of several hours
the rainfall amounts likely did not exceed a ten year event in regards to rainfall intensity
allowing. However, other factors such as terrain, soil saturation levels, and rainfall
amounts also contribute to the storm frequency duration. Prior to these two storm events
saturated ground conditions limited the infiltration into the soil and delayed the dewatering
of the basins from previous events. This was also the case in this situation. The basins
had not completely dewatered for the February 5`h event when the February 7`h event
occurred contributing to the failure of the devices. While these conditions are impossible
to predict and consider in the design, adjustment are sometimes made in the field to
address problems especially as the project transforms between construction stages.
2. Project staff, including Contractor and Department employees, understand the
requirements for reporting sediment losses with the prescribed time frames. The
Department has created an electronic reporting form in efforts to simplify this process and
serve as documentation. The sediment losses occurring on February 7`h were verbally
reported on the February 8`h, however, there were discussions regarding the correct
procedures to follow with the form that were not resolved during the conversation. The
MailingAddress: Telephone: [phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] E. MARION STREET
DIVISION 12 Cour�ier: 06-53-03 SHELBY, NC 28152
PO BOX 47 Website: www.ncdot.gov
SHELBY, NC 28151-0047

confusion resulted in the failure to report within the time frames specified. This issue has
been addressed in the Standard Operating Procedure described later in this response.
3. The contractor has always been responsive to making repairs to erosion control and
sediment loss issues. In response to these events, the contractor utilized four crews and
began repairs on four segments of the proj ect. These work crews consisted of nearly all
the available staff on the project. In attempts to minimize the potential for additional
losses, efforts were first made to repair the erosion control measures adjacent to the
jurisdictional areas prior to removing the sediment loss from the stream. This decision was
made in conjunction with our environmental office staff. However, moving forward the
contractor has been directed to address silt loss in jurisdictional areas first. If there are
legitimate reasons to deviate from this process or time frames cannot be met, notice and
explanations will be reported through the Division Environmental Officer.
4. Original sediment removal and clean up was completed on February 14`�' to the satisfaction
of project personnel, but additional removal was identified once the stream levels receded
to normal levels. Additionally, the limits and extents of sediment removal can be
subjective in many cases with project personnel and may also change as clean-up
operations progress. The risks associated with this issue should be mitigated through
enactment of our Standard Operating Procedure.
5. The contractor employed most of the available forces to make repairs to the erosion control
devices, some of the devices were not repaired in strict accordance with the speciiications
due to limited knowledge of the work crews. Follow-up inspections and remedial
measures have taken place to correct any inadequacies.
6. The wattles found in the stream were placed there by direction during stream relocation
operations. Concurrence to remove the wattles had not been made prior to the storm
events, which washed them downstream. These wattles have been removed.
7. See #3 above.
Your letter specifically requested an action plan to adequately address lack of personnel to perform
sediment and erosion control repairs, as maintenance action and storm response action, Standard
Operating Procedure for sediment loss in jurisdictional streams, and sediment amounts removed
from all jurisdictional areas as a result of the February 5`h through the 7th storm event. This
information is provided below.
ACTION PLAN
1) ES Wagner is to conduct training with project personnel concerning the proper
installation and maintenance of erosion control devices in accordance with Best
Management Practices.
2) ROUTINE MAINTENANCE AND INSPECTIONS
A) ES Wagner's Assistant Project Manager will conduct NPDES inspections in
accordance with the Self Inspection and Reporting requirements of the NPDES
General Perxnit.
B) Following the inspection, the list of items needing attention will be forwarded to the
Project Superintendent.
C) The Project Superintendent will delegate one (or more) of the four available crews to
perform the necessary work. The intent of alternating crews is to provide experience
for all crews that may be employed during storm event response.
D) Items of wark will be reviewed by the Assistant Project Manager, Project
Superintendent and/or project personnel.
E) Abatement dates will be logged on the NPDES Records by Mr. Deme.

3) STORM EVENTS -> 0.5" Rain in a 24 Hour Period
A) Assistant Project Manager with the assistance of one or more foremen will conduct
the NPDES inspection with the goal of completing the inspection of the entire
project by 12:00 noon.
B) Project Superintendent will mobilize up to four (4) crews, depending on the severity
of the event, to begin clean-up efforts while the report is being surrunarized, the sites
are prioritized and recommendations are being prepared. Prior to recommendations
being received, sediment loss in accessible areas will receive priority.
C) Crews will be supplemented by additional temporary labor as needed.
STANDARD OPERATING PROCEDURE
1) Project staff shall immediately notify the Division Environmental Ofiicer (DEO) or staff
of any sediment loss with a phone call or message upon discovery.
2) Project staff will follow up this notification in writing with an e-mail to include the
Permit Site number(s) and a photo of the site(s).
3) DEO or staff shall visit the site and provide written recommendations and prioritize the
clean-up efforts and also assist in clean up prioritization.
4) If it is apparent that failures cannot be remediated within the established time frames, a
target date should be determined through a conversation between the contractor, project
staff and DEO.
5) Project staff will provide the DEO with progress updates if repairs are unable to be
completed within the established time frames. These updates will include any
extenuating circumstances that are the cause for failing to meet the deadline.
6) Upon completion of the recommendations, project staff will request a follow up
inspection with the DEO. The DEO will either provide further written recommendations
or written acceptance of the site(s). This process will continue until all sites are deemed
acceptable to avoid the possibility of failure to completely remediate jurisdictional site
failures.
7) Upon acceptance, project staff will submit a follow-up email listing the completed
recommendations, the abatement date and before and after photos of each site.
Notes
1) This process should take into account circumstances such as additional storm events,
project accessibility, etc.
2) Priority will be given to removing silt from jurisdictional streams regardless of
extenuating circumstances with priority given to accessible areas unless otherwise
direct by Division Environmental staff.
FURTHER ACTIONS AND INFORMATION
Project personnel will be required to formally document and submit to the Engineer follow up
documentation for Erosion Control Reports issued by Roadside Environmental and
recommendation lists issued by the DEO or NCDENR.
NPDES Records are to be brought to the bi-weekly Construction Conferences and reviewed by
the Contractor, Project Inspector, Erosion Control Inspector and NCDOT Engineering Staff.
We request that the Roadside Environmental Unit be included in future water quality inspections
to ensure that recommendations are coordinated.

We request that site inspection recommendations be submitted in writing as soon as possible to
avoid miscommunication and misinterpretations of verbal recommendations.
SEDIMENT QUANTITIES
Approximate sediment loss/sediment removed from jurisdictional areas:
Site 7
Site 10
Site 11
Site 13
Site 15
Site 17
Site 20
1.0 CY
3.0 CY
0.5 CY
1.0 CY
1.0 CY
1.0 CY
3.0 CY
Sincerely,
�
� �
Larry S. Carpenter, Jr., PE
Division Construction Engineer
Electronic copies only:
Phillip Harris, III, P.E., CPM
Mark Stafford, P.E.
Anne Schley, P.E.
Steve Kichefski
Nicholle Braspennicl�c
Trish Beam