20170239 Ver 2_U-3109 Notice of Deficiency_20210512

DocuSign Envelope ID: 727D1BE4-4899-4BDF-9E72-9ED92CC724AB
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
May 11, 2021
RETURN RECEIPT REQUESTED
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
RETURN RECEIPT REQUESTED
Travis Ross, Thalle Construction Co.
900 NC Highway 86, North
Hillsborough, NC 27278
Subject: NOTICE OF DEFICIENCY
North Carolina Department of Transportation
NCDWR Project No. 20170239v2
TIP U-3109
Alamance County
Dear Mr. Harris and Mr. Travis Ross:
On April 27, 2021, Dave Wanucha of the North Carolina Division of Water Resources (NCDWR)
Winston Salem Regional Office conducted an on -site inspection of project TIP U-3109 (Mebane Bypass),
in Alamance County. In addition to NCDWR staff, Jerry Parker and John Howell of NCDOT, and Travis
Ross of Thalle Construction Co. were also present during the inspection and their time and assistance was
greatly appreciated.
Observations made during the inspection are summarized below:
• The purpose of the inspection was to investigate a complaint by a landowner concerning project
sediment discharges to a pond at Permit Site 13. The complaint was originally received and
responded to by Kimberly Turney of DEMLR out of the Winston Salem Regional Office. Kim
visited the project on April 22, 2021 to conduct an inspection of erosion control measures and
review the area surrounding the pond. No report has been issued on the inspection, but Kim and I
have met to discuss DEMLR's concerns. The tributary in question (UT to Back Creek) is
classified as Water Supply -II, High Quality Waters (HQW) and a Critical Area (CA). Erosion
Control measures are to be based on Design Standards in Sensitive Watersheds.
• My inspection included a review of NPDES records and to visit the pond at Permit Site 13 and to
review the project compliance archive. NPDES records indicated that inspections were being
conducted as required (weekly and following an inch or more or rain) and that maintenance of
measures was occurring. Also noted were numerous sediment losses in jurisdictional streams at
multiple locations including the tributary that discharges to the pond at Permit Site 13 in 2019,
2020 and 2021. No reports were received by my office concerning the sediment losses. Jerry
Parker mentioned that none of the losses were above reportable limits (more than a five -gallon
bucket). Also noted was that on two occasions (January 2020 and November 2020) the turbidity
curtain installed in the pond at Site 13 came loose following storm events. Repairs were made
and noted in the records, however no mention of turbidity or sediment discharges related to the
pond at Site 13 were noted.
NORTH
1:1E
Department el Environmental Quakily
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 727D1BE4-4899-4BDF-9E72-9ED92CC724AB
• Deficiencies are evident in that inspectors failed to note or address obvious off -site, adjacent
property sediment and turbidity impacts to the pond. Impacts to adjacent property related to
project sediment and turbidity were not noted on NPDES records nor were efforts made to
address the obvious sediment discharges and turbidity evident in the pond at Permit Site 13, other
than repairing the turbidity curtain when it was in disrepair.
• NCDOT and Thalle Construction Co. staff did not think it was only sediment from the project
that was responsible. They stated it was likely from previous land disturbances, adjacent to the
pond that also contributed; although, none were evident.
Following our site review on April 27, 2021, I requested that NCDOT conduct turbidity sampling and
analyses at several locations throughout the pond to determine if there is a turbidity violation. Jerry
indicated on May 11, 2021 that NCDOT key staff responsible for that were on vacation but that it would
be completed.
The actions described above led to the deficiencies of the following North Carolina Administrative Code:
Other waste/in-stream sediment:
The discharge of other wastes and/or sediment into UT to Back Creek, a jurisdictional water of the State,
is a violation of Title 15A North Carolina Administrative Code 02B .0211 (12), which states:
"Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely
affect the palatability of fish, aesthetic quality or impair the waters for any designated uses."
Turbidity:
The discharge of turbid water into the jurisdictional receiving waters of UT to Back Creek creating
turbidity more than 25 NTU is a violation of Title 15A North Carolina Administrative Code 02B .0211
(21) which states:
"The turbidity in the receiving water shall not exceed 25 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the
turbidity shall not exceed 25 NTU."
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this notice.
Your response shall include the following:
• List any actions necessary to remediate the potential violations and methods to prevent
them from happening again.
• Remove project sediment discharges to pond.
• Provide a plan for turbidity monitoring of the pond and its discharge to demonstrate that
turbidity readings are within the water quality standard of 25 NTUs.
• Provide assurances that erosion control measures are/were based on Design Standards for
Sensitive Watersheds where required throughout the project.
Your response should be sent to this office:

DocuSign Envelope ID: 727D1BE4-4899-4BDF-9E72-9ED92CC724AB
NCDEQ, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Raleigh, NC 27699-1617
Thank you for your attention to this matter. This office requires that the potential violations as described
above be properly resolved. Unresolved potential violations may lead to the issuance of a Notice of
Violation and/or assessments of civil penalties.
If you have any questions or require any additional information, please contact Dave Wanucha at (336)
403-5655 or [e-mail] or me at [phone] or [e-mail].
Sincerely,
/0—DocuSigned by:
—9C9886312DCD474...
Amy Chapman, Supervisor
Transportation Permitting Unit
Electronic copies only:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Wright R. Archer, III, PE, NCDOT Division 7 Engineer ([e-mail])
Jerry Parker, NCDOT, Division 7 Environmental Officer
John Howell, NCDOT Division 7 Resident Engineer ([e-mail])
Patty Eason, PE, NCDOT Division 7 Construction Engineer ([e-mail])
Aaron Harper, PE NCDOT REU Division 7, 8 Field Operations Engineer ([e-mail])
Kimberly Turney, DEMLR, Winston Salem Regional Office ([e-mail])
Tamera Eplin, DEMLR, Winston Salem Regional Office ([e-mail])
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