20170239 Ver 2_U-3109A NOD Response_20210604

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
4 June 2021
NCDEQ,Division of Water Resources
c/o Ms.Amy Chapman
1617 MSC
Raleigh,NC 27699-1617
RE: Project Name: TIP U-3109A NC 119 Bypass
Project ID: ALAMA-2021-301
County: Alamance
Ms. Chapman,
This is in response to the Notice of Deficiency received by North Carolina Department of
Transportation on 11 May 2021 pertaining to project U-3109A NC 119 Bypass in Alamance
County. NCDOT takes very seriously the importance of erosion control on all construction
projects and is diligent to inspect, document,report and address all potential issues that may
occur during the project duration. A Letter of Deficiency that is received is of utmost concern
and an urgent response is required by the Project Staff and the Contractor to take any corrective
actions.
An inspection was made by Ms. Kimberly Turney on 22 April 2021 who was notified by the
current property owner of turbidity in the pond on the subject property. NCDOT staff present
with Ms. Turney during the inspection included the Resident Engineer,John Howell,Division
Environmental Officer, Jerry Parker, and Area Roadside Environmental Engineer,Aaron Harper,
PE. There were other NCDOT project staff on site during the inspection as well.
Following that inspection,Ms. Turney met with the Project Staff back in the Contractor's field
office and noted several maintenance concerns that she thought should be addressed. Also
requested were the NPDES documents and Erosion Control plans for the project. Those
documents were provided and are attached to this response as well. All items noted by Ms.
Turney on 22 April 2021 were addressed,corrected, or repaired immediately the date of her
inspection and completed the following day on 23 April 2021 by the Contractor staff. The
Project Staff verified that these were completed in a satisfactory manner and have made
additional inspections to ensure that the erosion control measures are in place and maintained as
the approved Erosion Control plans depict in the days following.
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC 27415
P.O.BOX 14996
GREENSBORO, NC 27405 1X ebsite:ncdot.gov

Notice of Deficiency
TIP U-3109A
4 June 2021
Page 2
The Notice of Deficiency stated that there were 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."
Response: Erosion Control Measures were installed as indicated in the approved plans.
Inspectors did note and address obvious offsite sediment into the pond as can be attested by
the NPDES records. Also,Design Standards in Sensitive Watersheds have been utilized
during the entire construction period. Only two sediment losses were reported that may have
resulted in discharges to the pond.There were no reported losses in 2021. Both of the losses
were less than a five-gallon bucket,therefore NCDOT was not required to notify NCDWR.
The majority of the deposits from both losses settled in areas adjacent to the stream prior to
reaching the stream. None of the losses were reported to have reached the pond. Each loss
required and resulted in reparatory actions taken by the contractors per guidance from
NCDOT personnel. The unattachment of the turbidity curtain occurred during two heavy rain
events which was noted with repairs in the NPDES. Turbidity and sediment discharges were
not mentioned because it was not possible that determinations of any or how much turbidity
or sediment discharge could be conclusive. As an important factor in the Property Owner's
concern with the pond, at the time of Right of Way acquisition,the settlement was made with
the property owner of record. NCDOT Right of Way compensated the original property
owner for the pond and the surrounding area. This pond is currently and was included in the
construction limits of the project. Additionally,there are no records of off-site sediment into
the pond as shown in the attached NPDES records,but compensation was made to the
property owner for any impacts that may occur to the pond.
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."
Response: It is NCDOT's opinion that the project is not in violation of Title 15A North
Carolina Administrative Code 02B .0211 (21). The remainder of the code in its entirety reads
"if turbidity exceeds these levels due to natural background conditions,the existing turbidity
level shall not be increased. Compliance with this turbidity standard shall be deemed
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC 27415
P.O.BOX 14996
GREENSBORO, NC 27405 Website:ncdot.gov

Notice of Deficiency
TIP U-3109A
4 June 2021
Page 3
met when land management activities employ Best Management Practices (BMPs)as defined
by Rule .0202 of this Section,recommended by the Designated Nonpoint Source Agency, as
defined by Rule .0202 of this Section".Turbidity samples taken on 5-12-21 and submitted to
Dave Wanucha of NCDWR showed that turbidity levels entering the project were higher than
the turbidity levels within the project and the turbidity levels exiting the project.From the
samples it could be surmised that devices installed by NCDOT were actually lowering the
turbidity levels as the waters entered the project site.
The Notice of Deficiency also requested that NCDOT address the following:
List any actions necessary to remediate the potential violations and methods to prevent
them from happening again.
Response: Corrective maintenance measures were taken immediately and completed the
following day of the inspection, 23 April 2021. The basin bays were inspected,cleaned,if
necessary,baffles were inspected and if needed re-installed or replaced. Skimmers were
checked to ensure functionality and dewatering was occurring. The slopes were stabilized,
and spillway fabric secured. Dissipater pads that were indicated on the EC plans have been
installed and inspected. Inspection of temporary devices was performed to ensure that flow
was being directed into the retention devices.
Remove project sediment discharges to pond.
Response: As stated earlier,NCDOT Right of Way compensated the original owner for the
pond and areas surrounding the pond. This pond is currently and was included in the
construction limits of the project. Also,there are no records of off-site sediment into the
pond as shown in the NPDES records,but compensation was made to the property owner for
any impacts that may occur to the pond. If DWR still feels that discharges need to be
removed from the pond then NCDOT requests guidance and assistance on the methodology
of removing the discharges.
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.
Based on the results of turbidity readings from waters being higher as it entered the project
than the turbidity readings exiting the project,NCDOT has not continued to conduct turbidity
samples.However, if DWR feels that turbidity sampling should continue,NCDOT will take
the necessary steps to continue monitoring.The pond will continue to be inspected and
monitored along with maintenance of the erosion control measures in the area of the pond to
ensure that no off-site sediment occurs into the pond.
Provide assurances that erosion control measures are/were based on Design Standards for
Sensitive Watersheds where required throughout the project.
Response: The Engineer of Record for the design of the Erosion Control Plans and NCDOT
Roadside Environmental Design staff have ensured that the design standards for Sensitive
Watersheds and High-Quality Waters are met. NCDOT roadway construction plans are
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC 27415
P.O.BOX 14996
GREENSBORO, NC 27405 Iyebsite:ncdot.gov

Notice of Deficiency
TIP U-3109A
4 June 2021
Page 4
required to meet all NCDOT Standard and Specifications along with all Federal Highway
Administration requirements and the NC General Statues for Storm Water Pollution Control.
In conclusion,Thalle Construction Contractors completed all of the recommended measures the
following day on 23 April 2021. The Resident Engineer,the Division Environmental Office and
Area Roadside Environmental Engineer inspected and confirmed that the work was completed
satisfactorily and in compliance with the approved Erosion Control Plans. Additional inspections
have insured that the erosion control devices are being maintained as required.
This issue is taken very seriously by NCDOT and Erosion Control requirements and compliance
are stressed at all times to the Contractor and NCDOT Project Staff. Any sediment loss that
occurs on the U-3109A project is reported to the required Agencies within the 24-hour required
time frame. Documentation and pictures are provided with the reports and if necessary,an on-
site meeting with those Agencies is scheduled to inspect and recommend actions to be taken.
As stated earlier,the Roadside Environmental Engineer and the Contractor's staff have taken
turbidity readings along the streams and storm water sites throughout this area. The readings
indicate that water entering into the project,prior to construction had higher turbidity readings
than the water exiting the project site in this area. Those readings and mapping to indicate the
locations of the samples were provided to DWR personnel.
Please do not hesitate if further information is needed or you have additional questions. You may
contact me,W.R. Archer III,PE,at 336-487-000.
Thank you for help and consideration in resolving this issue.
Sincerely,
14) R.74lr. V ifPC
W.R.Archer III,PE
Division 7 Engineer
\JAP
cc: Daniel H. Johnson,General Counsel
Ronnie Keeter,Jr.,PE,Chief Engineer
David B. Harris,PE, State Roadside Environmental Engineer
Philip S. Harris III,PE, CPM, Environmental Analysis
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC 27415
P.O.BOX 14996
GREENSBORO, NC 27405 Website:ncdot.gov