20030909 Ver 4_Notice of Violation_20050207

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February 7, 2005
Mr. J.M. Mills, P.E.
Division Engineer, Division 7
North Carolina Department of Transportation
PO Box 14996
Greensboro, North Carolina, 27415
Subject: Greensboro Western Urban Loop
State Project No: 8.U482101
TIP No: U-2524 AB/AC
DWQ No: 030909
Dear Mr. Mills:
On Friday, January 28, 2005, Mr. Jerry Parker, Division Environmental Officer for NCDOT
Division 7, contacted Sue Homewood, Division of Water Quality (Division) regional staff, to
report unauthorized construction activities at the Greensboro Western Urban Loop stream
relocation -Site 3. Mr. Parker reported that the vegetated buffer adjacent to an unnamed
tributary to Riddick's Creek in the Randleman Watershed had been cleared and grubbed without
prior approval under DWQ Project No. 030909.
On February 1, 2005, Sue Homewood visually inspected the site with Jerry Parker, Chris
Kirkman (Resident Engineer), and other NCDOT and contractor representatives. Discussions
took place on-site detailing the timeline of what had occurred. At the time of inspection the
cleared area had been properly seeded and mulched and silt fences both above the buffer area, as
well as along the stream, were in place and well maintained. Additional sedimentation and
erosion control measures had also been installed at the recommendation of the NCDOT Roadside
Environmental Officer. At the time of the inspection it appeared that the buffer clearing had not
impacted the stream, and the stream remained stable.
Please note that actions taken at Site 3 to clear and grub the buffer area of an unnamed tributary
to Riddick's Creek, were not in accordance with the Water Quality 401 Certification (DWQ No.
030909) issued to NCDOT on October 24, 2003.
The prematurely cleared area now poses an additional threat for stream impacts from upslope
construction of the new stream channel. Because of this, the Division shall require additional
inspections to take place starting immediately, until the stream is relocated to the new channel.
Routine inspections of the entire area (including upstream and downstream conditions) by staff
familiar with the permit conditions, and sedimentation and erosion control measures, shall take
place at a minimum of twice per week, and after every'/4 inch or greater precipitation event.
Inspection records shall be kept and provided to Division staff upon request. Any modifications
or repairs noted in the inspection report will be made a priority and conducted immediately. Any
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
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N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748

Mr. J.M. Mills, P.F..
February 7, 2005
D WQ#03 -0909
Page 2
occurrence of stream impacts, or other potential problems shall be report to Sue Homewood,
Division staff, immediately. Staff will consult with the Roadside Environmental Officer, and the
Division Environmental Officer on a regular basis regarding the status of the site, and any
improvements that can be made to prevent future stream impacts.
In addition, NCDOT shall further investigate educational. needs of all. staff involved with this
project. All staff shall attend Environmental Awareness Training, and any staff directly involved
with decisions made in this instance that have already attended the training, shall re-attend a
future workshop, or shall attend a similar training as soon as possible.
The Division appreciates the open communication that occurred during this situation. We look
forward to continued communication and assistance on this, and future projects. If you have any
questions or comments, please do not hesitate to contact Sue Homewood at 336-771-4600
extension 287 or at [e-mail].
Sincerely,
Steve W. Tedder
Water Quality Regional Supervisor
CC: Jerry Parker, NCDOT, Division 7 DEO
Chris Kirkman, NCDOT Division 7, Resident Engineer
DWQ, Winston-Salem. Regional Office
Wetlands 401 Unit
Water Quality Central Files