20060331 Ver 1_General Correspondence_20120906

STATE OF NORTH CAROLINA
l 0,12
DEIVR - -FarI lEV'' LE KC- ;C,dAL OFFICE
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE DIVISIONOFRGHWAYS EUGENE A. CONTI, JR.
GOVERNOR SECRETARY
September 4, 2012
Mr. Mason Herndon
N. C. Department of Environmental and Natural Resources
Division of Water Quality
225 Green St., Suite 714
Fayetteville, NC 28301 -5043
Subject: R -2606B Wasting Non Compliance
Dear Mr. Herndon:
This is in response to your letter dated August 7, 2012 concerning a noncompliance issue on
the US -311 Bypass from north of Spencer Rd. (SR -1929) to US -220 in Randolph County, WBS
34480.3.GV1; TIP Project No. R- 2606B, DWQ Project No. 06 -0331. Your letter states the
project is not in compliance with condition 37 of the 401 WQC due to waste material associated
with this project being hauled to a waste site and placed into wetlands or streams. You
requested that the Department respond to your letter and include actions that will be taken to
prevent further unauthorized discharges to surface waters in association with borrow and waste
sites. You also wrote that the Department must agree to maintain and monitor the SDO's
placed at the inlet and outlet of the 60" RCP on the US -311 project and remove any sediment
deposits that accumulate at these devices.
Barnhill Contracting requested to use property referred to as Ace/Avant that is adjacent to the
US -311 project as a waste site to haul surplus material generated from their grading operations.
Barnhill presented the Department with a Land Quality Permit which approved the grading and
erosion control plan submitted by the property owner. The Project Engineer visited the site and
observed that this property was taking material from other sources in addition to the excess
material that would be generated by the highway project, and placing it according to the grading
plan. In addition, the Project Engineer observed that the property owner had installed perimeter
erosion control devices and placed and backfilled the pipe in the stream. The Department then
allowed the excess material from the project to be hauled to the Ace/Avant property. Although
as part of our reviews, NCDOT and NCDENR - Division of Land Quality failed to verify the
property owner had also obtained the proper Water Quality permits, the pipe in the stream was
already installed and backfilled prior to Barnhill hauling to this site. Therefore, material from our
project was not associated with the unauthorized impacts to jurisdictional resources as
indicated in your letter.
The Department views the Ace/Avant property as a site being developed by a private property
owner. Material is being hauled to the site from multiple sources and the property owner is
continually change the grade when placing said material. The property owner has approved
grading and erosion control plans and has filed for the 4011404 permits. The Department
monitors waste and borrow sites until the vegetation is established or the property owner
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
DIVISION ENGINEERS OFFICE FAX: [phone] N. SANDKxLS BLVD.
P, 0. BOX 1067 ABERDEEN, NC 28315
ABERDEEN, NC 26316 WEBSITE: WWW.NCDOT.ORG

September 4, 2012
Page 2
changes the use of the land. In this case we believe the property owner has changed the use
of the land and has control of erosion and sediment control measures and establishment of
vegetation; therefore the property owner will be responsible for monitoring the site and
preventing unauthorized discharges to surface waters.
In regard to the SDO's placed in the inlet and outlet of 60" RCP on the 311 project, the
Department installed these devices with your approval as additional measures to prevent
material from washing downstream and entering this pipe from the upstream Ace/Avant site.
The Department will continue to monitor and maintain these devices until vegetation is
established in the area and our project is completed, at which time they will be removed. Any
sediment accumulation will be removed as needed during this period.
Thank you for your continued cooperation working through the difficult issues of this project.
Please let us know if additional information is required.
cc: R. A. Hancock, PE
R. E. Blakley, PE
V. G. Davis, PE
A. C. King
Barry Harrington
D. G. Lee
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