20170239 Ver 1_U-3109A NOV Response_20210825

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
2 June 2021
North Carolina Department of Environmental Quality
450 West Hanes Mill Road, Suite 300
Winston Salem, NC 27105
Attn: Tamera Eplin,PE,Regional Engineer
Land Quality Section
RE: Project Name: TIP U-3109A NC 119 Bypass
Project ID: Not Assigned
County: Alamance
Ms. Eplin:
This is in response to the Notice of Violation received by North Carolina Department of
Transportation on 24 May 2021 pertaining to project U-3109A NC 119 Bypass in Alamance
County. NCDOT takes very seriously the importance of erosion control on all construction
projects and is diligent to inspect,document,report and address all potential issues that may
occur during the project duration. A Notice of Violation that is received is of utmost concern and
an urgent response is required by the Project Staff and the Contractor to take any corrective
actions.
An inspection was made by Ms. Kimberly Turney on 22 April 2021 who was notified by the
current property owner of turbidity in the pond on the subject property. NCDOT staff present
with Ms. Tumey during the inspection included the Resident Engineer,John Howell,Division
Environmental Officer, Jerry Parker, and Area Roadside Environmental Engineer,Aaron Harper,
PE. There were other NCDOT project staff on site during the inspection as well.
Following that inspection,Ms. Turney met with the Project Staff back in the Contractor's field
office and noted general maintenance concerns and requested were the NPDES documents and
Erosion Control plans for the project. Those documents were provided and are attached to this
response as well. Maintenance items noted on 22 April 2021 were addressed, corrected, or
repaired immediately the date of the inspection and completed the following day on 23
April 2021 by the Contractor staff. The Project Staff verified that these were completed in a
satisfactory manner and have made additional inspections to ensure that the erosion control
measures are in place and maintained as the approved Erosion Control plans depict in the days
following. Attached also are photos that confirm the status of the project measures after those
items were completed for your information.
Mailing Address: Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STKEET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC 27415
P.O.BOX 14996
GREENSBORO, NC 27405
Website:ncdotgov

Notice of Violations
TIP U-3109A
2 June 2021
Page 2
The NOV noted that NCDOT was found to be in violation of Storm Water Pollution Control Act,
G.S. 113A-50 to 66,Title 15A,North Carolina Administrative Code(NCAC), Chapter 4 in the
following areas:
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.
Response: Erosion Control Measures were installed as indicated in the approved plans. As
an important factor in the Property Owner's concern with the pond,at the time of Right of
Way acquisition,the settlement was made with the property owner of record. NCDOT Right
of Way compensated the original property owner for the pond and the surrounding area. This
pond is currently and was included in the construction limits of the project. Attached is the
taking map that indicates the taking of the pond. Additionally,there are no records of off-site
sediment into the pond as shown in the attached NPDES records,but compensation was made
to the property owner for any impacts that may occur to the pond.
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. I I3A-57(3).
Sediment has migrated off site into a private pond and beyond the limits of disturbance in the
jurisdictional stream between HBl and basin 15.4,and behind SSCF outlets along Y16RPA,
between basin 27.3 and the-L-intersection.
Response: As noted above,this pond is located within the project construction limits and
there was not known off-site losses and no records of off-site sediment in this nor into the
pond as shown in the attached NPDES records.
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.
Response: Please see attached photo that indicates that this material was determined to be a
fine skim and removal could potentially cause more harm to the native vegetation and
material. If losses are determined necessary to be removed, removal would occur as
recommended by the Division of Water Quality in coordination with the Division 7
Environmental Officer.
Mailing Address.' Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE S"rREET
DIVISION OF HIGHWAYS Customer Service: 1-877-3684968 GREENSBORO, NC 27415
P.O.BOX 14996
GREENSBORO, NC 27405 Website:ncdot.gov

Notice of Violations
TIP U-3109A
2 June 2021
Page 3
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.
Response: Erosion control devices were installed as shown in the Erosion Control plans as
required. These devices are designed to maintain storm water runoff for the land-disturbance.
In addition,the turbidity curtain installed in the pond is functioning properly as indicated by
the contained area of the curtain. Photos are attached depict the turbidity curtain and the pond
water condition.
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.
Response: These corrective maintenance measures were taken immediately the day of the
inspection and completed the following day 23 April 2021. Necessary maintenance of the silt
fence and special sediment control fence was performed immediately and completed the
following day. See attached photos and documentation.
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 413 .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.
Response: There are no records of or known off-site sediment into the pond as shown in the
attached NPDES records. All erosion control devices have been inspected and maintenance
recommendations provided were completed immediately following the inspection by Ms.
Turney. Additionally,the pond is within the project construction limits.
Additionally,the NOV indicated measures must be taken to correct the above violations by the
following actions:
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.
Response: These corrective maintenance measures were taken immediately and completed
the following day of the inspection, 23 April 2021. See attached photos and documentation.
Mailing Address: Telephone.:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC27415
P.O.BOX 14996
GREENSBORO, NC 27405 Websoe:ncdot.gov

Notice of Violations
TIP U-3109A
2 June 2021
Page 4
The basin bays were inspected,cleaned if necessary,baffles were inspected and if needed re-
installed or replaced. Skimmers were checked to ensure functionality and dewatering was
occurring. The slopes were stabilized, and spillway fabric secured. Dissipater pads that were
indicated on the EC plans have been installed and inspected.
2. Ensure that all temporary diversions flow into retention devices. Construction storrnwater is
bypassing HB 1 (currently being used as a sediment basin).
Response: Inspection of the temporary diversions was performed to ensure that flow was
being directed into the retention devices.
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.
Response: This material was determined to be a fine residual skim and removal could
potentially cause more harm to the native vegetation and material. If losses are determined
necessary to be removed by coordination with the Division of Water Quality and Division
Environmental Officer,a recommended action plan for that removal would be implemented.
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.
Response: The turbidity curtain was inspected by the Contractor by utilizing a boat and was
found to be secure. This curtain will be routinely inspected until removal of the curtain can
be completed.
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.
Response: Coordination with the Division of Water Quality to determine the course of action
if needed will be on-going. As noted above,this pond is located within the project
construction limits and there are no records of or known off-site sediment into the pond as
shown in the attached NPDES records. The pond will continue to be inspected and monitored
along with maintenance of the erosion control measures in the area of the pond to ensure that
no off-site sediment occurs into the pond.
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.
Mailing Address: Telephone.:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax [phone] 1584 YANCEYV ILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-368-4968 GREENSBORO, NC27415
P.O.BOX 14996
GREENSBORO, NC 27405
lPebsite:ncdotgov

Notice of Violations
TIP U-3109A
2 June 2021
Page 5
Response: The Engineer of Record for the design of the Erosion Control Plans and NCDOT
Roadside Environmental Design staff have ensured that the design standards for Sensitive
Watersheds and High-Quality Waters are met.NCDOT roadway construction plans are
required to meet all NCDOT Standard and Specifications along with all Federal Highway
Administration requirements and the NC General Statues for Storm Water Pollution Control.
Thalle Construction Contractors has completed all of the recommended measures above and were
completed the following day on 23 April 2021. The Resident Engineer, the Division
Environmental Office and Area Roadside Environmental Engineer inspected and confirmed that
the work was completed satisfactorily and in compliance with the approved Erosion Control
Plans. Additional inspections have insured that the erosion control devices are being maintained
as required.
This issue is taken very seriously by NCDOT and Erosion Control requirements and compliance
are stressed at all times to the Contractor and NCDOT Project Staff. Any sediment loss that
occurs on the U-3109A project is reported to the required Agencies within the 24-hour required
time frame. Documentation and pictures are provided with the reports and if necessary,an on-
site meeting with those Agencies is scheduled to inspect and recommend actions to be taken.
Additionally,the Roadside Environmental Engineer and the Contractor's staff have taken
turbidity readings along the streams and storm water sites throughout this area. The readings
indicate that water entering into the project,prior to construction had higher turbidity readings
than the water exiting the project site in this area. Those readings and mapping to indicate the
locations of the samples are attached to this document.
Please do not hesitate if further information is needed or you have additional questions. You may
contact me,W. R. Archer III,PE, at 336-487-000.
Thank you for help and consideration in resolving this issue.
Sincerely,
1W - _P, - A I-),,/FP6
W.R. Archer III, PE
Division 7 Engineer
\ppe
cc: Daniel H. Johnson,General Counsel
Ronnie Keeter,Jr.,PE, Chief Engineer
David B. Harris,PE, State Roadside Environmental Engineer
Philip S. Harris III,PE,CPM,Environmental Analysis
Mailing Address.' Telephone:[phone] Location:
NC DEPARTMENT OF TRANSPORTATION Fax:[phone] 1584 YANCEYVILLE STREET
DIVISION OF HIGHWAYS Customer Service: 1-877-3684968 GREENSBORO, NC27415
P.O.BOX 14996
GREENSBORO, NC 27405 Website:ncdot.gov