20060331 Ver 1_NOV Response_20120611

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE DIVISIONOFHIGHWAYS
GOVERNOR
June 7, 2012
Belinda S. Henson
Fayetteville Regional Supervisor
Surface Water Protection Section
NC Division of Water Quality
225 Green St., Suite 714
Fayetteville; NC 28301 -5043
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EUGENE. A. CONTI, JR.
SECRETARY
Reference: Notice of Violation, dated May 22, 2012, for US -311 Bypass (Future 1 -74) from north
of SR -1929 (Spencer Rd) to US -220, Randolph County, WBS 34480.3.GV 1,
TIP R- 2606B.
Dear Ms. Henson,
This letter is in response to the NC Division of Water Quality Notice of Violation (NOV) received in
this office on May 29, 2012 for the above referenced project. The NOV was issued for unauthorized
discharge of sediment that had occurred on the project during the backfilling of sediment basins at
four locations. The NOV requests responses on two issues:
1. Actions taken to correct the unauthorized discharged into the wetlands associated with the
unnamed tributaries to Back Creek
On Wednesday, May 9th, the project received a heavy rainfall. Sediment loss was discovered the
next day by NCDOT inspection staff and the Department notified Mr. Mason Herndon, NCDWQ,
and Mr. Barry Harrington ofNCDOT's Roadside Environmental staff: On May 15th all operations
except erosion control were suspended. The Contractor retrieved the lost sediment and completed
backfilling the basins, including stabilizing them with matting and seed /mulch by Friday, May 18th.
Additional devices were installed at each location to aid in collecting any sediment before it could
move off site. On May 22'd, Mr. Herndon reviewed the locations listed in the NOV. Mr. Herndon
stated in a letter dated May 29, 2012 that two of the locations required no further action and the other
two were to be monitored for vegetation establishment.
2. Actions that will betaken to preventfurther unauthorized discharges to surface waters
The Contractor is installing erosion control measures prior to the backfill of sediment basins that are
no longer required. The NCDOT Resident's office will monitor this activity closely and suspend
operations if the Contractor falls behind with the seeding and mulching; fails to install associated
erosion control measures, or stabilize in a timely manner.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
N DEPARTMENT OF TRANSPORTATION FAX: [phone]
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE
1598 MAIL SERVICE CENTER WEBSITE: WWW,.1VCDOT.0RG RALFtGH NC 27610 -4328
RALEIGH NC 27699 -1598

The Department is committed to adhering to the requirements of the environmental permits for this
project. The Resident Engineer has assigned an inspector solely to monitor erosion control /permit
compliance on the project. If there are questions or further information is needed, please contact
John Olinger, NCDOT Division Construction Engineer at 919.944.2344.
Respectful1 submitted,.
Gregory J. Thorpe, PhD, Manager
Project Development and Environmental Analysis Unit
cc: Richard Hancock, P.E. Division 8
John Olinger, PE, Division 8
Don Lee, P.E., Roadside Environmental Unit
Barry Harrington, Roadside Environmental Field Operations
Mason Herndon W-- NCDWQ
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