20170239 Ver 1_NOV 20210519 NCDOT TIP U-3109A Mebane Bypass_20210825

>`H STATE
ROY COOPER MrY x'Inr ti
Governor
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DIONNE DELLI-GATTI
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Secretary �+I�..i_. C"
BRIAN WRENN
Director NORTH CAROLINA
Environmental Quality
May 19, 2021
NOTICE OF VIOLATIONS
OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7019 1120 0001 5504 8008
RETURN RECEIPT REQUESTED
North Carolina Department of Transportation
Attention: Daniel H. Johnson, General Counsel
1501 Mail Service Center
Raleigh,NC 27699-1501
CERTIFIED MAIL 7019 1120 0001 5504 7995
RETURN RECEIPT REQUESTED
North Carolina Department of Transportation
Attention: Ronnie Keeter, Jr., PE, Chief Engineer
1536 Mail Service Center
Raleigh,NC 27699-1536
CERTIFIED MAIL 7019 1120 0001 5504 7988
RETURN RECEIPT REQUESTED
North Carolina Department of Transportation
Attention: Wright Archer, Division 7 Engineer
PO Box 14996
1584 Yanceyville Street
Greensboro,NC 27415
CERTIFIED MAIL 7019 1120 0001 5504 7971
RETURN RECEIPT REQUESTED
North Carolina Department of Transportation
Roadside Environmental Field Operations for Divisions 7 & 8
Attention: Aaron A. Harper, PE, Engineer
PO Box 429
1530 South 7th Street
Sanford,NC 27330
.�-
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
D�.EQ:�`, Winston-Salem Regional Office 1 450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27105
_ E0z 336-776-9800
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Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 2 of 12
CERTIFIED MAIL 7019 1120 0001 5504 8015
RETURN RECEIPT REQUESTED
North Carolina Department of Transportation
Attention: Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
1598 Mail Service Center
Raleigh,North Carolina, 27699-1598
RE: Project Name: TIP U-3109A Mebane Bypass
Project ID: Not Assigned
County: Alamance
Compliance Deadlines: 20 days from receipt by certified mail for SPCA violations
Dear Sir or Madam,
On April 22, 2021, personnel of this office inspected a project located near NC Highway 119 in
Alamance County, North Carolina. This inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act(SPCA) of 1973.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the
SPCA, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4.
If you feel that you are not responsible for the following violations, please notify this office
immediately.
The violations of the SPCA that were found are:
1. Failure to conduct a land-disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
Construction has occurred in a manner leading to the loss of sediment off site into a private
pond and waters identified as Watershed Supply II, High Quality Waters (HQW), and
Critical Areas.
2. Failure, when a land-disturbing activity that will disturb more than one acre is undertaken on
a tract, to install sedimentation and erosion control devices sufficient to retain the sediment
generated by the land-disturbing activity within the boundaries of the tract during
construction upon and development of the tract. G.S. 113A-57(3).

Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 3 of 12
Sediment has migrated off site into a private pond and beyond the limits of disturbance in the
jurisdictional stream between HB1 and basin 15.4, and behind SSCF outlets along Y16RPA,
between basin 27.3 and the -L- intersection.
3. Failure to take measures to protect all public and private property from sedimentation and
erosion damage caused by the land-disturbing activities. 15A NCAC 4B .0105.
Efforts have not been made to remove sediment that migrated beyond the limits of
disturbance since the 1/8-inch rainfall that occurred 8 days prior to our inspection.
4. Failure to retain a buffer zone or sufficient width along a lake, trout water or natural
watercourse in which to confine visible siltation by natural or artificial means within the 25
percent of that portion of the buffer zone nearest the land-disturbing activity. G.S. 113A-
57(1).
Construction activities and/or sediment were observed along and in the jurisdictional stream
leading to and including the private pond located below approximate Station 163 + 00.
5. Failure to install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the Act, and rules
adopted thereunder, during or after the development of a site. 15A NCAC 4B .0113.
Maintenance on sediment basins (15.5, 15.4, HB 1, 27.4, 27.3), silt fence, and special
sediment control fence (SSCF) outlets is needed. The diversion that was designed to lead to
HB 1 was bypassing the basin.
6. Failure to provide sedimentation control measures, structures, and devices within HQW
zones that are designed and constructed to provide protection from the runoff of the 25-year
storm which produces the maximum peak rate of runoff. 15A NCAC 4B .0124(b).
The measures and maintenance of measures on site have resulted in sediment loss off site and
into a private pond and waters identified as Watershed Supply II, HQW, and Critical Areas.
To correct these violations,you must:
1. Maintain all basins examined during the inspection (ID 15.5, the breached pond, 15.4, HB 1,
27.4, and 27.3; may not be all inclusive). For all affected basins, the front bays should be
mucked out, baffles installed, re-installed, or replaced. The skimmers shall be checked for
function or sizing as none appeared to be dewatering. The surrounding slopes shall be stabilized,
weir and spillway fabric secured, and dissipation pads installed per plan.
2. Ensure that all temporary diversions flow into retention devices. Construction stormwater is
bypassing HB 1 (currently being used as a sediment basin).

Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 4 of 12
3. Remove all sediment lost off site and/or to jurisdictional waters. A few areas of sediment loss
were observed, most notably in the jurisdictional stream between HB 1 and basin 15.4, and
behind SSCF outlets along Y16RPA, between basin 27.3 and the -L- intersection. These also
lead to the jurisdictional stream. Any areas of loss occurring behind silt fence, SSCF outlets, or
outside LODs in general need to be removed immediately. Any areas previously matted or
seeded/strawed that contain lost sediment need to have lost sediment removed, and the areas re-
stabilized. Removed sediment should be stockpiled or graded onto areas at least 50 feet from
surface waters and stabilized.
4. Review and evaluate the turbidity curtain installed in the private pond. A qualified individual
should evaluate and ensure the type, proper installation, and maintenance of the turbidity curtain
for the private pond.
5. Remove the sediment discharges to the private pond. Permission from the landowner must be
obtained prior to initiating cleanup activities. Additional restoration activities may be required to
restore the pond to a natural stable condition when sediment removal activities have been
completed. Approval of clean up and restoration activities in the pond must also be obtained
from DWR.
6. Provide assurances that erosion control measures are/were based on Design Standards for
Sensitive Watersheds where required throughout the project as this site is in High Quality
Waters.
SPCA VIOLATIONS
The violations of the SPCA cited herein may be referred to the Division of Energy, Mineral, and Land
Resources for appropriate action, including civil penalty assessments for an initial one-day violation
and/or a continuing violation. The penalty for an initial one-day violation of the SPCA may be assessed
in an amount not to exceed $5,000.00. The Division of Energy, Mineral, and Land Resources is not
required to provide a time period for compliance before assessing an initial penalty for the violations of
the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of
violations of the SPCA regardless of whether the violations are corrected within the time period set out
below.
In addition, if the violations of the SPCA cited herein are not corrected within twenty (20) calendar days
of receipt of this Notice, this office may request that the Division take appropriate legal action against
you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be assessed
from the date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1), and for each day of a
continuing violation of the SPCA in an amount not to exceed $5,000.00 per day.
Please be advised that any new land-disturbing activity associated with this project should not begin
until the area presently disturbed is brought into compliance with the SPCA. When corrective actions
are complete, you should notify this office so that work can be inspected. You should not assume that

Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 5 of 12
the project is in compliance with the SPCA until we have notified you. After installation, all erosion
control measures must be maintained in proper working order until the site is completely stabilized.
We solicit your cooperation and would like to avoid taking further enforcement action. At the same
time, it is your responsibility to understand and comply with the requirements of the SPCA. The relevant
statute and administrative rules can be found at the Division's website at http://deg.nc.gov/E&SC.
Should you have questions concerning this notice or the requirements of the SPCA, please contact either
Kimberly Tumey or me at your earliest convenience.
Sincerely,
Tamera Eplin E
Regional Engineer
Land Quality Section
Enclosures: Pictures
Sedimentation Inspection Report
c: Brian Wrenn,PE,Director,DEMLR(brian.wrenn(ir),ncdenr.gov
Toby Vinson,PE, CPM, Section Chief of Program Operations([e-mail])
Julie Coco,PE, State Sediment Engineer([e-mail] )
Douglas R.Ansel,Assistant General Counsel,NCDEQ(douglas.anselAncdenr.gov)
Kimberly Turney,DEMLR, Winston Salem Regional Office(kimberl .tom [e-mail])
Amy Chapman, Supervisor,Transportation Permitting Unit,DWR([e-mail])
Dave Wanucha,DWR, Winston Salem Regional Office([e-mail])
Deborah Reese,Administrative Assistant([e-mail])
David Bailey,US Army Corps of Engineers,Raleigh Field Office (david.e.bailey2@a usace.army.mil)
Latif Kaid, PE,Director, Office of State Construction(latif.kaid ,doa.nc.gov)
David Harris,PE,NCDOT, State Roadside Environmental Engineer([e-mail])
Jerry Parker,NCDOT,Division 7 Environmental Officer([e-mail])
John Howell,NCDOT Division 7 Resident Engineer(jhowell@,ncdot.gov
Patty Eason,PE,NCDOT Division 7 Construction Engineer(peason@n_ cdot.goy)

Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 6 of 12
Pictures taken by Kimberly Turney April 22, 2021
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Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 7of12
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Bottom of tiered basin 15.5. Turbidity curtain in place.
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Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 10 of 12
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Notice of Violations
TIP U-3109A Mebane Bypass
May 19, 2021
Page 12 of 12
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Bottom tier basin 27.3,cleanout needed
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Upper tier Basin 27.3, maintenance necessary