20050785 All Versions_Stormwater Info_20091105

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NC DOT
Beaufort County
ditch, but the ditch was graded in such a manner that stormwater runoff totally by-passed
this measure rendering it ineffective. BMP's in the median ditches also were not
functioning properly leading to increased turbidity in the stream.
As a result of the site inspection and file review, the following violations, detailed below,
are noted:
(1) Turbidity Standards
(2) Tar-Pamlico Buffer-Diffiue Flow
(3) Water Quality Certification Conditions
(4) NCGO100000 Permit
Item 1. Turbidity Standards Violation.
Title 15A North Cazolina Administrative Code 02B .0211 (3)(k) states: "Turbidity: the
turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NT[J)
in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs
designated as trout waters; for lakes and reservoirs not desigiated as trout waters, the
turbidity shall not exceed 25 NT[J." During the inspection, samples were collected and
tested for turbidity levels. The stream water prior to entering the construction zone
measured less than 50 NTLJ. Stream water collected in the construction zone had NTU
levels as high as 780, over 15 times the allowable limit of 50 NTU.
Item 2. Tar-Pamlico Buffer Diffuse Flow Violation
Title 15A North Cazolina Administrative Code 02B .0259 (5) of the Tar-Pamtico River
Riparian Buffer Rules requires diffuse flow of runoff shall be maintained in the riparian
buffer by dispersing concentrated flow and reestablishing vegetation. Failure to
implement and maintain appropriate BMP's during construction of the swale allowed
concentrated nuioff to pass through the buffer and into the stream.
Item 3. Violation of Conditions 1 and 22 of Water Quality Certification No. 3527
0 Condition 1 of Water Quality Certificarion No. 3257 issued to the North Cazolina
Department of Transportation on September 6, 2005 states in part:
"Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface water
standards..."
Failure to implement and maintain the appropriate sediment and erosion control
BMP's constitutes a violation of this condition.
e Condition 22 of Water Quality Certification No. 3527 states in part: "NCDOT,
and its authorized agents, shall conduct its activities in a manner consistent with
State water quality standards...." The exceedance of turbidity levels in the UT as
a direct result of construction activities constitutes a violation of this condition.
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NC DOT
Beaufort County
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Item 4. Violation of NCGO10000 Permit to Discharge Stormwater
Pursuant to NCDOT's NPDES Permit No. NCS000250, Part Il, Section D, paragraph (1)(b)(ii)
Sediment and Erosion Control Program, NCDOT shall incorporate the applicable requirements of
NCGO10000, the North Carolina General Permit to Discharge Stormwater under the National
Pollutant Discharge Elimination System associated with construction activities disturbing one or
more acres of land. Part 1, Section A(3) ofNCG01000 states that the "Permittee must manage
activities on the site such that no adverse impacts to water quality occur from site activities or
allowed discharges." Failure to implement and maintain BMP's as necessary to treat stormwater
prior to entering receiving waters constitutes a violation.of this condition.
Requested Response
This Office requests that you respond to this letter in writing within 14 calendar days of
receipt of this Notice. Your response should be sent to both this office at the letterhead
address and to the attention of Mr. John Hennessey at the Wetlands and Stormwater
Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617. Your response should address the following items:
1. Please explain when grading work on the road shoulder and ditch at the azea in
question began.
2. Please explain why the appropriate sediment and erosion control measures were
either not in place or not functioning properly at the time of the inspection.
3. The NCGO10000 stormwater permit listed above requires inspection and record
keeping requirements for the project site. Specifically, Partl, Section B(3)(4) of
NCGO10000 require inspections of all the erosion and sediment control measures
and stormwater discharge outfalls within 24 hours after any storm event of greater
than 0.50 inches of rain per 24 hour period. Please provide information detailing
your compliance with the minimum monitoring and reporting requirements as
requested above for the project. This information must include monitoring
records from May 1, 2010 through to the date of your written response to this
letter. Specifically, it is requested that DWQ be provided a copy of all rain fall
data and weekly inspection/monitoring reports related to your inspections for the
time period mentioned above. Failure to provide this information will constitute
violations of the subject NPDES NCG010000 stormwater permit.
4. Please include in your response how you plan to prevent this situation from
occurring again on this project and on future projects.
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NC DOT
Beaufort County
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, these violations and any
future violations are subject to a cevil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regazding these matters, please
contact either Gazcy Wazd or myself at [phone].
Si cerely,
!A1 o g?e?l .? ?-
Regional Supervisor
Surface Water Protection Section
cc: John Hennessey - NPS Assistance and Compliance Oversight Unit
Neil Lassiter, P.E.- NC DOT Division 2, P.O. Box 1587, Greenville, NC 27835
Ted Sherrod, P.E.- Roadside Environmental Unit, 1557 Mail Service Center
Raleigh, NC 27699
Brian Wrenn- DWQ Transportation Permitting Unit
Tom Steffens- US Army Corps of Engineers, Washington Field Office
Cyndi Kazoly - 401 Oversight and Express Permits Unit
Amy Chapman-Riparian Buffer Program Central Office
Stephen Lane- DCM, Morehead City
Division of Land Resources- Washington Regional Office
WaRO Files `
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