20001432 Ver 1_Notice of Violation_20111205

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
Ms. Belinda S. Henson
Fayetteville Regional Supervisor
NC Division of Water Quality
Fayetteville Regional Office
225 Green St., Suite 714
Fayetteville, NC 28301-5043
DwisioNoMiGHwAys
December 2, 2011
Subject: Notice of Violation
NOV-2011 — WP-0001
North Carolina Department of Transportation
Project No. 20001432
R-2417AA, US-421/NC-87 (Sanford Bypass)
Lee County
Dear Ms. Henson:
Eu(;ENE A. CONTI, JR.
SECRETARY
2011
This letter is in response to your November 21, 2011 Notice of Violation on the above
referenced project. Division 8 staff along with the Central Construction Unit investigated the
actions which resulted in the violation. As stated in your letter, the Contractor (DeVere
Construction Company) set up a pumping operation on November 9, 2011 that resulted in
offsite settlement in a permitted site. You have requested actions taken to correct this
discharge and actions that will be taken to prevent further unauthorized discharges to surface
waters.
Based on the investigation, on November 9, 2011, DeVere planned to clewater an adjacent
construction area into a sediment basin which was currently holding water. They informed the
DOT inspector they were going to pump the water currently in the basin into a water truck to be
spread on the project so they would have capacity in the basin the next morning to dewater the
construction site. The inspector came back to the site after hours to find the Contractor
pumping from the basin directly on the ground within the project limits. He immediately shut off
the pump and notified his supervisor. The turbid water was being pumped from the skimmer
basin, down a disturbed slope, directly into silt fence that outlets into a wetland, The silt fence
undermined and sediment was lost into the wetland at site no. 1 (Station 26+00 Lt —L-). The
Contractor informed the Inspector that he thought the water would make it the next basin but
did not check to see if any grading had been performed to in this area that would prohibit this
flow.
The following morning, Roadside Environmental Unit was notified and in turn Mason Herndon
was also notified of incident. All work on the project was suspended on November 10, 2011
MAILING ADDRESS: TELEPHONE: [phone] LOCATION,
DIVISION ENGINEER'S OFFICE FAX: [phone] N. SANDHILLS BLVD.
P. D. Box 1067 ABERDEEN, NC 28316
ABERDEEN, NC 28315 WEBSITE. WWW.NCDOT.ORG

December 2, 2011
Page 2
with the exception of erosion control items. An ICA was also issued on November 10, 2011 and
has been continued until all erosion control items on the project have been caught up to date.
The Contractor removed the off -site sediment at Site no. 1 by hand on November 10, 2011. At
a meeting held on site November 15, 2011, the Contractor's Superintendent Lane McDowell
admitted that he directed the operation which led to the silt loss and did not check to see where
the water was going. At this meeting the Department was prepared to remove Mr. McDowell
from the project; however, DeVere took it upon themselves to remove him from the project.
The Department is in the process of recommending that Mr. McDowell's Erosion Control
Certification be revoked as well.
The Department is committed to adhering to the environmental permits for this project. The
Resident Engineer has assigned an inspector just to monitor erosion control /permit compliance
on the project. Roadside Environmental Unit is performing biweekly erosion control inspections
and the Department is performing the weekly NPDES inspections alongside the Contractor's
personnel to ensure devices are implemented per plan, corrective measures are documented
and actions are taken in a timely manner. If further information is needed please let me know.
Sincerely,
Tim Johnson,
Division Engineer
cc: Ronnie Smith, USACOE
Brian Wrenn, DWQ
J. G. Nance, PE
Don Lee
M. C. Tillman
R. A. Hancock, PE
File
Greg Thorpe

North Carolina Department of Transportation
Erosion and Sedimentation Control/Stormwater Report
Roadside Environmental Unit
Sanford Resident
Project Number: 34431,3,7 Date of Inspection: 12/0112011 Evaluator: Tommy Chapin
Location: US 421/US 87 (Sanford Bypass) from West of SIR 1400 to west of US 11151501.
Project Type: Contract County. LEE Division: 8 TIP Number: R-2417AA
Length of Project: 4,40 Disturbed Acreage: 15 The Project is Located in a HQW Zone: N Trout Zone: N
Project Evaluation
Length Section Description Installation of Maintenance Effectiveness Plan Overall Project
Measures of Measures of Measures Implementation Evaluation
3.80 Remainder of Project 8 8 8
0.60 Permitted Area(s) 8 8 8
Grade Scale:
10: Excellent 9: V Good 6: Good 7: Fair
6-0: Immediate Corrective Action Needed
Permit Consultation Comments:
Remarks and Recommendations:
Project was reviewed by Roadside Environmental Fields Operations Technician, Tommy Chapin.
The "ICA" status on this project has been lifted at this time. A follow-up review of the the project was conducted with NCDOT
inspector, Doug Burke, and e.c. foreman, Johnny Smith, that indicated that corrective measures have been taken to bring project
back into compliance.
Heavy rains in excess of 2" fell on project Tuesday. Contractor has completed maintenance needs from BOP to sta 120+00 and will
complete maintenance by end of workday on Friday. Note that project has held up well to this amount of rain.
Contractor has addressed seeding needs through most all of project. Seeding contractor was onsite at time of review and had
completed vegetative stabilization of all permit sites. Contractor has temp. seeded approx. 10 acres and permanent seeded 2
acres. The 2 acres of permanent seeding has been at permit sites. Contractor is again encouraged to perform seeding to meet 21
day seeding requirements.
Work has started on storm water basin in quadrant B. Contractor has installed a 2 ft. riser to increase storage and has utilized 2
skimmers to dewater and reduce turbidity levels. Additional measures have been installed upgrade from storm water basin and
contractor indicated that adequate measures, type a checks and waffles would be installed, asap. High priority along quadrant B
remains to keep exposures to a minimum, continue with use of PAM, as per DWQ, continue to install adequate measures, and
perform all work continuously until site is stabilized.
Note the following:
Permit Sites-
* 1) Quadrant B- Continue to address installation needs, type a checkstwattles with PAM above storm water basin.
Continue to address temp. seeding needs to keep bare areas to a minimum and reduce turbidity.
Permanent s/rn slopes from sta 18+00 to sta 21 +001t of L.
Sta 23+00 to sta 24+001t of L- Channel was supplemental seeded but due to recent high water recommend reseed.
* 2) Patterson Creek- Sta 33+50rt of L @ outlet end of 54" pipe- Haul road along Ramp C and permitted area has been temp.
seeded/mulched. Remaining exposed areas on Ramp C have been temp. mulched and tacked. Continue to monitor for stability.
* 3) Sta 37+00 to sta 39+001t of Y- Has been temp. seeded and mulched. Address rock plating work on slopes, in a timely manner,
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as work progresses through this section.
* 4) Sta 48 +00 to sta 50 +00- Blasting work completed, N. of creek. Continue to maintain berm across grade, below blasted section.
* 5) Sta 88 +00rt of L- Pipe is perched. DWQ has talked to Dept. and contractor about installing step down structures in this location.
* 6) Sta 120 +00 - Inlet and outlet ends of culvertlpipe have been stabilized. Slopes have been stage seeded.
- As fill work continues install berms /slope drains, per plans, to handle water down slopes and divert to basins.
- Continue to address stage seeding of slopes in a timely manner.
* 7) Sta 177 +00rt of L- Contractor installing 54" crossline pipe s. of culvert at time of review. Installation of measures and temp.
seeding was being addressed at time of review on it. side of culvert. After completion of 54" pipe, need to grade outlet and inlet
ends of pipe and stabilize, asap. Recommend install sections of ssef in low areas of silt fence- It&rt side. Continue to maintain
diversion across haul rd. at sta 178 +50 N. side of creek. As fill work begins install berms/slope drains, per plans and address stage
seeding of slopes in a timely manner.
* 8) Sta 195 +00ft of L- Pipe has been installed. Backfill has started. Need to complete installation of basin 18.2. No channels will be
constructed at inlet end of crossline pipes.
Remainder of project -
1) Sta 88 +00 to sta 120 +00 - This area was temp. mulched/tacked in August. Need to temp. s/m (winterize), if grading work is not
started, soon! # Ensure inlet protection and silt basins are installed, as per plans, as drainage structures are installed- i.e. basin
10.3f.
2) Sta 202 +00 to eta 209 +00 - Contractor has been actively grading. Contractor has installed temp. diversions to divide up drainage
area. As hauling /grading continue, stage s/m slopes and direct major amount of runoff to skimmer basin.
General comments- Continue to address contruction entrances throughout project.
- As grading continues on project ensure contractor takes all reasonable measures to prevent offsite sediment.
- Need to continue to make use of diversions/bermslslope drains to handle flow. Add additional slope drains as needed to
handle heavy flow.
Ensure that PAM is being applied to all circled wattles and wrapped type a checks after each 1/2 inch rain event.
- Address seeding needs to meet 21 day seeding requirements.
* denotes permitted sites
NPDES was reviewed. Records were up to dale and in good order. Continue to address field plans and complete NPDES form
weekly and /or after each 112 inch rain event.
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