E_NCS000250_Expansion of DOTs E-SC Program Letter dated 6-4-2012

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STATE OF NORTH CAROUNA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
LTA TALTA [01:1a10Bill AQi�
FROM:
SUBJECT:
EUGENE A. CONTI, JR.
SECRETARY
June 4, 2012
Division Engineers
Anthony Roper, P.E.
Paul F. Morris
David W. Joyner
Terry Gibson, P.E.
State Highway Administrator
Expansion of the Department of Transportation's Erosion
and Sedimentation Control Program
This is in reference to the June 4, 2012 memo from Chief Operating Officer Jim
Trogdon, granting the authority to this office to issue "stop work orders" on any land
disturbing project for which the Department of Transportation is responsible.
On May 24, 2012, the NC Erosion and Sedimentation Control Commission (NCSCC)
granted NCDOT the authority to expand its delegated Erosion and Sedimentation
Control Program to include the Department's land disturbing activities that involve the
use of private funds. This expanded authority allows the Department to manage erosion
and sedimentation control on projects funded by public private partnerships just as we
currently do on TIP and division projects.
The NCSCC recognized NCDOT's good record and acknowledged the effort by the
Department to control our environmental impact. They then granted the expanded
authority under the condition that the Department develop operational procedures that
empower the State Highway Administrator to stop all work on any land disturbing project
for which the Department of Transportation is responsible.
The revised Immediate Corrective Action process is attached. It outlines the authority,
by the State Highway Administrator at the recommendation of the State Roadside
Environmental Engineer, to issue a Stop Work Order for any land disturbing activity that
fails to comply with environmental regulations.
Suspension of operations on a project will not be necessary if all parties are committed
to fulfilling the Department's obligation to environmental compliance and stewardship. It
is my expectation that we will take all appropriate actions to prevent work suspensions
and Notices of Violations.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
DIVISION OF HIGHWAYS 1 SOUTH W ILMINGTON STREET
1536 MAIL SERVICE CENTER WEBSITE: WWWNCOOTGOV RALEIGH NC
RALEIGH NC 27699-1536

Erosion and Sedimentation Control Program
June 4, 2012
Page 2
If you have any questions or need additional information, please contact me or Don Lee,
State Roadside Environmental Engineer at (919)-707-2920.
TRG/dgl
Attachment
cc: Jon G. Nance, P.E., Chief Engineer
Ricky E. Greene, Jr., P.E., Director of Asset Management
Don G. Lee, CPESC, State Roadside Environmental Engineer
Ron A. Hancock, P.E., State Construction Engineer

Immediate Corrective Action Procedures
June 4, 2012
Immediate Corrective Action (ICA) - An ICA will be issued when an
erosion control inspection reveals that a project is in violation of the
Sedimentation Pollution Control Act and/or the NPDES permit and is
given an overall grade of 6 or below. Once issued, the ICA status will
remain in effect until corrective actions have been satisfactorily
implemented.
To ensure that compliance with the Sedimentation Pollution Control Act
and/or the NPDES Permit is regained, a "follow-up" inspection will be
conducted in five (5) working days after an ICA is issued. If the "follow-up"
inspection reveals that needed corrective actions have been satisfactorily
completed the ICA will be lifted (removed).
Circumstances may warrant, however, that an ICA remain in effect for an
extended period of time after its issuance. This is the case when
corrective work is hampered by adverse weather, erosion control
materials needed for corrective actions are unavailable, or corrective
items on an ICA have been totally neglected or ignored.
Immediate Corrective Action Extension (ICA EX) - Should the "follow-
up" inspection for an ICA reveal that significant progress has been made
towards the completion of needed actions but not enough corrective work
has been accomplished to justify lifting (removing) the ICA, an ICA EX will
be issued. The purpose of an ICA EX is to grant additional time for the
completion of the remaining erosion control items. When an ICA EX is
issued, a follow-up inspection will be conducted in five (5) working days. If
the "follow-up" inspection reveals that needed corrective actions have
been satisfactorily completed the ICA will be lifted (removed). Note:
Projects are limited to a maximum of two (2) consecutive ICA EXs.)
Continuing Immediate Corrective Action (CICA) with associated Stop
Work Order (SWO) - Should any follow-up inspection reveal that little or
no progress has been made towards the completion of those corrective
actions identified as needed or additional corrective actions are now
needed to bring the project into compliance a CICA/SWO may be issued.
The purpose of a CICA/SWO is twofold: (1) it is used to alert Project,
Division and NCDOT Management that there has been an inadequate
response to an ICA, the project now poses a higher risk for offsite
sedimentation damage and detrimental effects to the environment have
occurred and/or are imminent; and, (2) to suspend all work on the project
so that undivided focus and effort may be directed to those activities
required to regain erosion control, storm water and/or permit compliance.

The CICA/SWO will be issued by the State Highway Administrator at the
recommendation of the State Roadside Environmental Engineer. The
State Roadside Environmental Engineer with notify the State Highway
Administrator that a CICA will be issued for a land disturbing project that
has failed to comply with Department's policies and Procedures to insure
compliance with the North Carolina Sedimentation Pollution Control Act.
The State Roadside Environmental Engineer will provide documentation
that identifies the deficiencies that exist, the corrective actions that have
been proposed, and the corrective actions that are required to correct the
situation. The State Highway Administrator will review and approve the
recommendations made by the State Roadside Environmental Engineer.
The State Highway Administrator will issue to the responsible manager a
"Stop Work Order". The Stop Work Order will instruct that all work
activities associated with the project cease until corrective actions have
been completed. It will be at the State Highway Administrator's discretion
to determine if additional forces will be needed to correct the situation and
charged against the contract.
While a CICA/SWO is in effect, a "follow-up" inspection will be conducted
every five (5) working days until such time that a "follow-up" inspection
reveals that corrective actions identified as needed in the CICA/SWO
report and/or previous ICA related reports have been satisfactorily
completed. Note: The CICA/SWO component replaces the Repeat ICA
on the Performance Dashboard Appraisal (PDA) environmental
compliance metric for various positions).

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
MEMORANDUM TO:
FROM:
June 4, 2012
Terry Gibson, PE
State Highway Adm
Jim Trogdon, PE
Chief Operating (
EUGENE A. CONTI, JR.
SECRETARY
SUBJECT: Expansion of the Deparlme of Transportation's Erosion and
Sedimentation Control rog am
On May 24, 2012 the Erosion and Sedimentation Control Commission granted NCDOT the
authority to expand its delegated Erosion and Sedimentation Control Program to include land
disturbing activities that involve the use of private funds. This action allows the Department to
begin managing erosion and sedimentation control activities on all public private partnership
projects just as we currently do on TIP and division projects.
Environmental compliance is a critical component of program delivery and as such, one of our key
performance measures. A revised Immediate Corrective Action process has been developed that
gives the State Highway Administrator, at the recommendation of the State Roadside
Environmental Engineer, the authority to issue a Stop Work Order for any land disturbing activity
being overseen by the Department of Transportation that fails to comply with environmental
regulations.
It is my expectation that we will take appropriate actions to prevent work suspensions and Notices
of Violations.
If you have any questions or need additional information, please contact this office.
TRG/dgl
Cc: Anthony Roper, P.E., Deputy Secretary- Administration & Business Development
Paul F. Morris, FASLA, Deputy Secretary for Transit
David W. Joyner, Turnpike Authority Director
Jon G. Nance, P.E., Chief Engineer
Ricky E. Greene, Jr., P.E., Director of Asset Management
Don G. Lee, CPESC, State Roadside Environmental Engineer
Ron A. Hancock, P.E., State Construction Engineer
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
OFFICE OF CHIEF OPERATING OFFICER
1501 MAIL SERVICE CENTER
RALEIGH, NC 27699-1501
TELEPHONE'. 919-707-2800
FAX [phone]
WEBSITE.' WWWDOT.STATE.NC.US
LOCATION:
TRANSPORTATION BUILDING
1 SOUTH WILMINGTON STREET
RALEIGH NC