20120142 Ver 1_VG Response to NCDEQ NOV 10202021_20211020

Carpenter,Kristi
From:Chapman, Amy
Sent:Wednesday, October 20, 2021 12:46 PM
To:Conchilla, Ryan
Cc:Carpenter,Kristi
Subject:Fw: \[External\] C204368/R-3421AB Rockingham Bypass NOV Issued on October 15,
2021
Attachments:VG Response to NCDEQ NOV 10.20.21.pdf
Follow Up Flag:Follow up
Flag Status:Flagged

Amy Chapman
Supervisor
401 and Buffer Transportation Permitting Branch
Department of Environmental Quality
919-707-3871 office
[e-mail]

th
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1617 Mail Service Center
Raleigh, NC 27699-1617
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From: Bryson Murphy <[e-mail]>
Sent: Wednesday, October 20, 2021 12:31 PM
To: Chapman, Amy <[e-mail]>
Cc: Matt Farley <[e-mail]>; Andy Jenkins <[e-mail]>; Glenn Pratt
<[e-mail]>; Greg Martin <[e-mail]>; Hunter Clark
<[e-mail]>; Fine, Cary A <[e-mail]>
Subject: \[External\] C204368/R-3421AB Rockingham Bypass NOV Issued on October 15, 2021

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Ms. Chapman,

Please see the attached response from Vecellio & Grogan, Inc. to the Notice of Violation (NOV) issued from North
Carolina Division of Water Resource (NCDWR) on October 15, 2021.
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Thank you,

Bryson Murphy, EI
Structures Project Engineer

437 Old Charlotte Hwy
Rockingham, NC 28379

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14jVECELLIO
& GROGAN, INC.
October 20, 2021
Via Email and U.S. Mail
Ms. Amy Chapman
Supervisor - Transporting Permitting Branch
NCDEQ, Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Contract No: C204368, Tip No: R-3421A & R-3421B
173/74 From US-74 Bypass West of Rockingham to North of SR-1304
NCDWR Project No. 20120142
Response to Notice of Violation Issued on October 15th, 2021
Dear Ms. Chapman:
Per your directive, Vecellio and Grogan, Inc (V&G) provides the following response to NCDEQ's
Notice of Violation (NOV) that was issued on October 15, 2021. V&G addresses those concerns
highlighted in bullet points by the NOV to the extent they are applicable to V&G in order.
Install all perimeter erosion control measures: In accordance with the plans for the Project,
V&G previously installed all perimeter erosion control devices in the areas of Permit Site 4 and
Permit Site 6. Proof of installation can be found in a set of onsite as-built plans that V&G
maintains. It should be noted that EC device maintenance has been an ongoing issue throughout
the Project given that erosion control measure called for by NCDOT in the approved EC plan do
not adequately protect the Project from the amounts of rainfall that the Project has been
receiving. This is a matter of design and not a matter of implementation efforts by V&G. V&G
believes that erosion issues will continue to be an issue on the project until this issue is
addressed by NCDOT. This issue has been raised and will continue to be raised by V&G with
NCDOT.
Install all basins per approved EC Plan: As an initial point, V&G would like to address the
allegation by NCDEQ that basin ID B-121 and ID B-122 were never installed.V&G in fact did install
both of these basins, per plan on April 14, 2021. NCDOT confirmed the installation of the basins,
and then paid for the construction of these basins on NCDOT Pay Estimate #17. The issue
presented however is that these basins were required to be removed at the direction of NCDOT.
The removal of these basins was necessary in order for the placement of embankment and the
construction of Reinforced Soil Slopes to commence in this area. Per the directive of NCDOT,
V&G removed these basins on August 9, 2021. Two days after the removal of these basins, a
roadside environmental team conducted an onsite inspection and took no issue with the absence
of these specific basins. It should also be noted that the final phase of the EC plans, show no
basins of any type in this location. Ultimately, NCDOT directed V&G to build new Type B basins
to compensate for the removal of basin ID B-121 and ID B-122, these basins were installed on
August 16, 2021. Based on the foregoing, please recognize that V&G is unable to comply with your
P.O. BOX 2438,BECKLEY,WV 25802-2438 - 2251 ROBERT C. BYRD DRIVE, BECKLEY,WV 25801
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specific request to install all basins in this area, per plan. Due to the construction efforts in the
area, V&G was directed to install new-modified versions of basins ID B-121 and ID B-122 outside
the toe of slope. The construction of these basins was completed on October 20, 2021.
Increase seeding and stabilization efforts for disturbed areas on-site:V&G is increasing seeding
and stabilization efforts throughout the Project. V&G acknowledges that there have been issues
with seeding efforts throughout the project in the past. V&G has encountered scheduling and
personnel issues with our seeding contractor.This problem has been well documented to NCDOT
on several occasions. V&G stays in constant contact with our seeding contractor to ensure
seeding and stabilization efforts are meeting NCDOT's requirements. As a result, our seeding
contractor recently subcontracted part of their work to another NCDOT approved contractor to
further increase such efforts.
Install Environmental Sensitive Area Fencing per the approved EC Plan: To the extent this has
not already been accomplished, V&G will ensure all environmentally sensitive areas have the
proper fencing installed, per the approved EC Plan.
Wetland delineation flagging should be refreshed to identify jurisdictional boundaries located
onsite, starting with Permit Site 4:V&G will contact our surveying subcontractor, Level Cross
Surveying, to reiterate this request. This will be at the top of the priority list for Level Cross
Surveying.
Remove sediment loss estimated in jurisdictional areas located at Permit Site 4:Upon receiving
the NOV, V&G immediately dedicated its entire personnel to recovering the silt loss. All silt loss
has now been recovered from Permit Site 4.
As indicated above, V&G is complying with or has complied with the directives in the NOV and
addressed NCDEQ's concerns, with the exception of "installing all basins per approved ED Plan"
for the reasons stated in this letter. To the extent this particular issue (or any other issue) needs
to be addressed, V&G is ready, willing and able to discuss with NCDEQ together with the NCDOT.
V&G understands the importance of these environmental concerns and will continue its
compliance efforts through the Project completion. Should you have any additional questions,
comments, or concerns, please feel free to contact me at your earliest convenience.
Sincerely,
("f3I
Glenn Pratt
EVAVECELLIO
& GROGAN, INC.
Grading Operations Manager