20060331 Ver 1_Other Documents_20120621

Ms. Belinda S. Henson
Fayetteville Regional Supervisor
Surface Water Protection Section
225 Green St., Suite 714
Fayetteville, N. C. 28301 -5043
Re: BCC #210908, St. Contract #0201918
Randolph N. C., US -311
May 22, 2012 Letter
Notice of Violation Nov - 2012 -PC -0183
Dear Ms. Henson:
JUN 2 120#2
We have worked well with Mr. Herndon in the past and have always appreciated his input.
Having made that clear, we would like to fully apprise you of the situation preceding the instance of what
had happened in this area.
In February of this year we met with the Department of Transportation. At that time we had
finished establishing grass on fills and slopes and it was time to remove the basins, With no problems, we
had been filling, matting and seeding the basin areas, There was some confusion, as it appeared there was
some more erosion that was asked of us by Roadside Environmental, We did not totally agree with all
their requests, as everything had been working just fine. They wanted additional silt fence, wattles and
other such things. One of our main concerns of the situation was the damages it would cause to remove.
We voiced our opinions and ultimately met with the Department again and discussed some options, one
of which was being able to fill these basins, dress the areas and seed and mat thein. The oilier option was
to put silt fence and just normally seed afterwards. We thought the matting option was better because it
had been holding up very well in the past following rains after these areas had been cleaned up.
All this was agreed to around the first of May, It became apparent very early on that the basins
were of such size that they were in the toes of the fills, plus one of the locations had a permanent rock
limed ditch that was required after the basins were filled in and then they had to re -dig the ditch, fill it with
the rock and get it done. We had been moving forward with these areas very quickly without having any
issues, and it had been agreed to. So it took a little more time. We had left the basins even partially
functioning in one of these locations only until such time that two days prior to the last rain we had filled
in the final parts of the basin and got caught in the rain. The extra large basins also made a bench in the
slopes, as required by Specifications with fills in back to extend the toes. Iii doing so we hit a down drain
pipe, which is where the bulk of the issue came from. It was not dice to the silt fence, but the down drain .
pipe that allowed for sediment to get into the pipe and get into the area of concern. This was at
Station446+00, which is the Site 27 location.

Ms. Belinda S. Henson
Surface Water Protection Section
June 20, 2012
Page 2
We realize that no sediment is good to have in the protected areas. We have had issues with
Roadside previously on this project, in particular with one area where the skimmer basins were not
functioning quickly enough. This was caused by one rain after another coming and overtopping, and it
blew out the basins so the skimmers could not function quickly enough.
We do appreciate the notification and concerns with these areas. This is a lump sum job, and let
me assure you that we are trying to be good stewards, which is always the practice of our company. But
let me further assure you that we have spent a considerable amount of time and money on this project to
date exceeding even our highest estimations as to what could have possibly been expected of us.
Although there have been some differences of opinion and actual confusion as to exactly what Roadside
has required, what the Division has thought best, and what Barnhill Contracting has thought best, we have
continually tried to cooperate and perform work as instructed in this matter. Thus, as was true with the
last meeting we had, we were proceeding as per our agreement and instructions.
If you would like, it would be my pleasure to talk more concerning this matter. Likewise, if you
need any further information from us, please do not hesitate to contact us.
Yours very truly,
BARNHILL CONTRACTING COMPANY
Drew M. J inson, P. E.
Vice Pres' ent
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