20091028 Ver 1_Certified Return Receipt_20110214

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Marcus Dickinson
Verizon South / Frontier Communications
725 East Markham Avenue
Durham, NC 27701
February 14, 2011
Subject: Telecommunications utility work
Hillandale Road Widening Project, Durham
NC DOT Project U-3804
NC DWQ File #20091028
Mr. Dickinson,
This memorandum is in regards to a site review I conducted on behalf of the North Carolina Division of
Water Quality. On February 11, 2011, 1 visited staff of the NC Department of Transportation to review
ongoing work on widening Hillandale Road in Durham. It is my understanding that in order to
accommodate the road widening, your company is undergoing relocation of telecommunications lines in
the area. It is also my understanding that prior to commencement of this work, your company provided
NCDOT with plans showing the proposed utility work to be done, and that those plans showed that no
work in protected wetlands, streams or riparian buffers would be necessary.
At about where Hillandale Road intersects Pinetree Court, it appears to me that Frontier Communications
deviated significantly from that plan, and did enter wetlands, riparian buffers and a stream. Apparently,
NCDOT was not aware of this change until after the fact. It also appeared that construction equipment
had torn down some of the orange fencing NCDOT uses to protect wetlands, streams and riparian buffers.
Fortunately, it appears the utility construction in wetlands and riparian buffers were limited to those that
- would, either soon-be impacted by NCDOT for the road project (allowed for in their state and federal
permits), or to areas already inside of your designated utility easement.
Unfortunately, however, it appears that impact to the live stream via crossing by machinery is a point of
noncompliance. This type of activity is not permitted on this project at all. In fact, NCDOT's permit for
this project explicitly states all work in the stream must be done in a dewatered dry work area. This
requirement is also found in DWQ's general certification for utility work (GC #3819). Crossing a live
stream with mechanical equipment can violate clean water laws and regulations through the introduction
of sediment and erosion damages and can result in a turbidity violation and possible civil penalties.
Transportation Permitting Unit One
1650 Mail Service Center Raleigh North Carolina 27699-1650 - NOrthC3rOI1Da
Phone [phone] FAX,,919-807-6494 Internet httpalpodal ncBenr.orglwe6lwq/ws ? -
An Equal Opportunity 1 ARrrnative Action Employer

Thank you for your attention to this matter. Any possible violations to water quality standards may result
in enforcement and penalties by the Division of Water Quality. My recommendation is to improve
coordination with NCDOT on this project (and any similar projects) to be extra diligent that impacts to
streams, wetlands and protected buffers do not go beyond what is covered in the state and federal permits.
This would ensure that relocations of telecommunication lines associated with road construction are done
in an environmentally responsible manner.
Should you have any questions or concerns regarding this memorandum, please feel free to contact me at
919-807-6403.
Sincerely, Z/"
Rob Ridings,
Environmental Specialist,
Transportation Permitting Unit,
NC Division of Water Quality
Cc: Chris Murray, NCDOT Division 5 Environmental Supervisor
Eric Alsmeyer, US Corps of Engineers
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