WQ0035749_Complaint and Follow-Up_20200218

Mitchell, Patrick
Subject: NCDOT - Diamond Grinding Slurry
Attachments: 20200204 Complaint Inspection Report.pdf, 20200205 FollowUp Inspection Report.pdf
From: Mitchell, Patrick
Sent: Tuesday, February 18, 2020 4:10 PM
To: Harris, David B <[e-mail]>; Archer Sr, Wright <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Suggs, Phillip H <[e-mail]>; Davis, Vickie G <[e-mail]>; Shaver,
Larry B <[e-mail]>; trantham, darren k <[e-mail]>; Snider, Lon <[e-mail]>;
Graznak, Jenny <[e-mail]>
Subject: RE: NCDOT - Diamond Grinding Slurry Solutions
All,
Thank you again for setting up the February 14, 2020 meeting to further discuss the NCDOT DGS residuals land
application operations and potential options moving forward. To summarize the meeting and steps for moving forward,
please see the items below:
1. Follow-up on the prior incidents and NOV-NOI that was issued:
Attached are copies of the inspection reports for the February 4, 2020 complaint investigation and the February
5, 2020 follow-up site meeting. Based upon the written responses that we have received and on the discussions
that occurred during the follow-up meetings, our office has decided that no further action is warranted at this
time related to NOV-2020-PC-0046. Please be advised that further actions including enforcement may be taken
should these violations persist.
2. Meeting follow-up:
Below is a summary of some of the items that were discussed during the February 14, 2020 meeting.
a. NCDOT stated that land application activities for the Davidson County project (Contract #C204053,
TIP #1-5793) are suspended until further notice. NCDOT specified the intent to notify the Winston-
Salem Regional Office (WSRO) when work resumes and what disposal method(s) will be utilized.
WSRO offered to provide onsite technical assistance if NCDOT chooses to resume land application
activities for this contract.
b. NCDOT discussed diamond grinding slurry process systems as being beneficial methods that could
potentially be used moving forward to both reduce the volume of residuals for land application and
save on grinding operations water use.
NCDOT also discussed temporary inground residuals storage structures. An invite to review an
existing structure located in the Mooresville Regional Office has been extended by NCDOT. WSRO
would like to be involved in this site visit and also welcomes the opportunity to invite other DWR
Regional Office staff.
Further interagency and internal review/discussions are needed to determine all suitable solutions for moving forward.
WSRO plans to have discussions with other DWR Regional Office staff as well as DWR Central Office staff to determine
what action is necessary. Thank you for sending via email the information that was requested during the February 14
meeting. We will remain in contact and may call upon you for another meeting to discuss further. Please feel free to
contact our office if you have questions or comments.
Patrick L. Mitchell, REHIS, LSS

Soil Scientist
Water Quality Regional Operations Section
Division of Water Resources
NC Department of Environmental Quality
Phone: [phone]
Mobile: [phone]
Fax: [phone]
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
K-.Z..
Nothing Compares
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.

Permit: WQ0035749
SOC:
County: Unknown
Region: Central
Compliance Inspection Report
Effective: 09/10/19 Expiration: 05/31/24 Owner : North Carolina Department of Transportation
Effective: Expiration: Facility: NCDOT DGS and HOS DCAR
Contact Person: Casey Hurley
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 02/04/2020
Primary Inspector: Patrick Mitchell
Secondary Inspector(s):
Title: Project Manager
Certification:
Phone: [phone]
Phone:
Entry Time: 12:15PM Exit Time: 01:40PM
Phone: [phone]
Reason for Inspection: Complaint Inspection Type: Complaint
Permit Inspection Type: Distribution of Residual Solids (503 Exempt)
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Miscellaneous Questions Land Application Site
(See attachment summary)
Page 1 of 3

Permit: WQ0035749 Owner - Facility: North Carolina Department of Transportation
Inspection Date: 02/04/2020 Inspection Type : Complaint Reason for Visit: Complaint
Inspection Summary:
On February 4, 2020, WSRO received notification from a Davidson County employee reporting over application and runoff of
Diamond Grinding Slurry (DGS) residuals on the southbound lanes of 1-85 in Davidson County near the rest area.
WSRO staff subsequently conducted an unannounced investigation. The area investigated started near Exit #103 and ran
south to the area just north of Exit #96. This area has been identified to be part of the project Contract #C204053, TIP #
1-5793. No land application activities were occurring at the time of the investigation. There were no contractors or NCDOT
representatives present at the site at the time of investigation.
The areas observed on the northern end of the investigation area reflect compliance (i.e. residuals were spread evenly,
setbacks maintained, no runoff, etc.). However, the non -compliant items listed below were noted in the remaining areas
investigated.
1. There were areas observed where application rates exceed hydraulic limits of the soils. This led to ponding and runoff in a
number of areas (see photos).
2. Runoff of residuals resulting in discharging to stormwater inlets was observed in three locations (see photos).
3. Some of the areas labeled "Yes" (described by NCDOT as meaning approved area for land application) were found to not
meet the minimum setback distances to surface water diversions or conveyances. Note, wattles had been placed in these
features in an attempt to slow runoff and capture solids.
4. Some areas labeled "No" (described by NCDOT as meaning area restricted from land application) appear to have been
land applied onto (see photos). It appears that this contributed to runoff within surface water diversions, discharges into
stormwater inlets, etc.
5. Residuals runoff resulting in a discharge to surface waters was observed in one location (see photos).
6. The WSRO was not notified of the subject land application event prior to initiating land application activities.
Following the investigation, WSRO notified NCDOT staff of the incident and the investigation findings on February 4, 2020. At
that time NCDOT staff informed WSRO that they had also received a separate notification from a consultant/contractor
concerning over application and runoff in the same areas.
Follow-up is planned due to the repetitive nature of some of the violations.
Page 2 of 3

Permit: WQ0035749 Owner - Facility: North Carolina Department of Transportation
Inspection Date: 02/04/2020 Inspection Type : Complaint
Reason for Visit: Complaint
Type
Yes No NA NE
Land Application
Distribution and Marketing
Land Application Site
Yes No NA NE
Is a copy of the permit on -site during application events?
❑
❑ ❑
Is the application site in overall good condition?
❑ ❑ ❑
Is the site free of runoff/ponding?
❑
❑ ❑
If present, is the application equipment in good operating condition?
❑
❑ ❑
Are buffers being maintained?
❑
❑ ❑
Are limiting slopes buffered?
10% for surface application
❑ ❑ ❑
18% for subsurface application
❑
❑ ❑
Are there access restrictions and/or signs?
❑
❑ ❑
Is the application site free of odors or vectors?
❑
❑ ❑
Have performance requirements for application method been met?
For injection?
❑
❑ ❑
For incorporation?
❑
❑ ❑
Does permit require monitoring wells?
❑
❑ ❑
Have required MWs been installed?
❑
❑ ❑
Are MWs properly located w/ respect to RB and CB?
❑
❑ ❑
Are MWs properly constructed (including screened interval)?
❑
❑ ❑
Is the surrounding area served by public water?
❑
❑ ❑
If Annual Report indicates overapplication of PAN, are wells nearby that may be impacted?
❑
❑ ❑
Are soil types consistent w/ Soil Scientist report/evaluation?
❑
❑ ❑
Is the water table greater than 173' bls.
❑
❑ ❑
Is application occurring at the time of the inspection?
❑
0 ❑ ❑
Comment: See summary.
Page 3 of 3

F'A
Photo #2
Photo #1.
Residuals land application
within the "Yes" area.
Photo #2.
Continuation from Photo #1.
Residuals land application
less than 25 feet from a
surface water diversion with
runoff present.

EMNKAW •&IN
Photo #4
Photo #3.
Continuation from Photo #1.
Residuals runoff continuing in
the surface water diversion
Photo #4.
Residuals runoff emptying
from the surface water
diversion feature into a
drainage way in the woods.

Photo #5.
Continuation from Photo #1.
Residuals runoff continuing in
the drainageway.
Photo #6.
Continuation from Photo #1.
Residuals runoff continuing in
the drainageway and
discharging into an
intermittent stream.

Photo #7
Less than 25 feet
A'ffuµl
Photo #7.
Land application onto an area
labeled as "No". Distance
from pavement to surface
water diversion is less than
25 feet.
X •
Continuation from Photo #7.
Residuals runoff in the
surface water diversion
feature discharging into a
stormwater inlet.

Permit: WQ0035749
SOC:
County: Unknown
Region: Central
Compliance Inspection Report
Effective: 09/10/19 Expiration: 05/31/24 Owner : North Carolina Department of Transportation
Effective: Expiration: Facility: NCDOT DGS and HOS DCAR
Contact Person: Casey Hurley
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Title: Project Manager
Certification:
Phone: [phone]
Phone:
Inspection Date: 02/05/2020 Entry Time: 09:OOAM Exit Time: 12:15PM
Primary Inspector: Patrick Mitchell Phone: [phone]
Secondary Inspector(s): Justin Henderson
Reason for Inspection: Follow-up Inspection Type: Complaint
Permit Inspection Type: Distribution of Residual Solids (503 Exempt)
Facility Status: ❑ Compliant Not Compliant
Question Areas:
Miscellaneous Questions Sampling
(See attachment summary)
Page 1 of 4

Permit: WQ0035749 Owner - Facility: North Carolina Department of Transportation
Inspection Date: 02/05/2020 Inspection Type : Complaint Reason for Visit: Follow-up
Inspection Summary:
On February 5, 2020, WSRO staff conducted a follow-up site visit to the area investigated on February 4, 2020. The following
NCDOT representatives accompanied WSRO on the site visit: Larry Shaver, Darren Trantham, Amy Euliss, Phil Suggs and
Vickie Davis. The following contractors were also present during the site visit: Leon Hutchens of Triangle Paving, and John
Hurley & Bryan Lee of Chester Bross Construction. Below is a summary of site visit observations and discussions.
1. No land application activities were occurring at the time of the site visit.
2. Residuals analysis was discussed, including the three required parameters. It was determined that Percent Total Solids
(%TS) and pH analyses were not conducted by a certified laboratory and it is unknown if approved testing methods were
utilized.
3. Required land application event notifications were discussed. WSRO discussed that only one initial land application
notification prior to the start of the project is sufficient if project details are provided upfront and if follow-up notifications are
made if/when plans significantly deviate from those provided initially. Details requested include but should not be limited to:
areas planned to be utilized for land application, schedule for the project areas, estimated timeframe for the land application
activities.
However, one notification without details is not adequate nor does it meet the intent behind the permit condition requirement.
4. The land application activities located in the northern area of the investigation which reflect compliance were briefly
discussed.
5. Appropriate land application rates were discussed. Loading limits for hydraulic capacity of the soils were discussed
versus agronomic loading limitations. The most limiting factor must be determined and then used when land applying. If
agronomic limits are higher, then multiple land application events are warranted to ensure that the hydraulic loading
limitations are not exceeded during any given application event. This should help reduce or eliminate runoff.
6. Land application area boundaries and setback features were discussed.
• As an example of a setback issue, WSRO staff measured the distance from a surface water diversion feature to the edge
of the pavement. The total distance was less than 25 feet (i.e. the minimum setback where residuals land application can
begin). Residuals had been land applied in this area with residuals runoff being present in the surface water diversion feature
It should be noted that many of the surface water diversion features in the areas investigated fed into stormwater inlets and
into drainageways leading to surface waters.
• Field flagging of setback features were reviewed. Commonly used methods to delineate residuals land application areas
from excluded areas were also discussed.
7. WSRO staff offered to provide technical assistance to NCDOT staff by accompanying NCDOT staff on a future site visit to
assist with determining setback features versus suitable land application areas. WSRO staff also offered to allow NCDOT
staff to accompany on residuals land application inspections for additional technical assistance.
8. The area of the residuals runoff which led to a discharge to surface waters was reviewed. It was determined that the
surface water feature is an intermittent stream (UT to Hamby Creek).
Page 2 of 4

Permit: WQ0035749 Owner - Facility: North Carolina Department of Transportation
Inspection Date: 02/05/2020 Inspection Type : Complaint Reason for Visit: Follow-up
9. Non -compliant notification requirements were also briefly discussed. NCDOT had received a complaint/notification of the
non -compliant event from a consultant or contractor; while WSRO received independent notification from another source.
WSRO did not receive notification of non-compliance from NCDOT until after the investigating. While both contacts did occur
within a 24 hour period, WSRO staff reminded NCDOT staff that non -compliant notifications should occur as soon as
possible. It was recommended that NCDOT staff consider notifying NCDWR when complaints are received moving forward.
10. WSRO recommended that NCDOT staff consider attending the land application school for operators or that a certified
land application operator be utilized to assist with field flagging land application areas moving forward.
Page 3 of 4

Permit: WQ0035749 Owner - Facility: North Carolina Department of Transportation
Inspection Date: 02/05/2020 Inspection Type : Complaint Reason for Visit: Follow-up
Type
Distribution and Marketing
Land Application
Sampling
Describe sampling:
Grab samples from diamond grinding machine.
Is sampling adequate?
Is sampling representative?
Comment: It was indicated that % Solids changes as the machine fills. See Summary.
Yes No NA NE
Yes No NA NE
❑■❑❑
❑■❑❑
Page 4 of 4