20120142 Ver 1_RE 20120142_ Notice of Violation Letter_ DWR 20120142_20211026

Strickland, Bev
From: Fine, Cary A
Sent: Tuesday, October 26, 2021 12:02 PM
To: Conchilla, Ryan; Chapman, Amy
Cc: Blakley, Reuben; McKenzie, Michael L; Partin, John A; Young, Joshua M; DeWit,
Benjamin J; James.C.Lastinger; King, Art C; LaBounty, Tim L; Young, Joshua M; Sullivan,
Shelton
Subject: RE: Notice of Violation Letter, DWR 20120142
Attachments: 2021.10.20 NOV_Response.pdf; IMG_1978.JPG; IMG_1979.JPG; IMG_1980.JPG; IMG_
1981.JPG; IMG_1983.JPG; IMG_1984.JPG; IMG_1985.JPG
Mr. Conchilla,
Please see the attached written response on October 20th detailing actions to be taken for offsite sediment removal at
Permit Sites 4 and 6 to include removal of sediment greater than 1" in depth by hand tools with native seeding and
mulching of disturbed areas. The removal of offsite sediment at these locations began October 16th and were
completed on October 20th. Please also see the attached photos as requested of the removal activities and work
performed at Sites 4 and 6. An estimated 6 CY of sediment has been removed from Permit Site 4 and 4 CY were
removed from Permit Site 6. Further removal and remedial activities may also take place per your guidance. As
discussed this morning, please confirm that the Notice of Violation may be lifted today with the intent to review the
project at your earliest convenience.
If you have any questions or require additional information please do not hesitate to reach out.
Thanks,
Cary Fine, PE
Resident Engineer
NCDOT Highway Division 8
District 1 - Construction Office
336 318 4020 office
336 225 4237 mobile
cafine©ncdot.gov
300 DOT Drive
Asheboro, NC 27204
From: Conchilla, Ryan <[e-mail]>
Sent: Monday, October 25, 2021 10:25 AM
To: Fine, Cary A <[e-mail]>; Chapman, Amy <[e-mail]>
Cc: Blakley, Reuben <[e-mail]>; McKenzie, Michael L <[e-mail]>; Partin, John A
<[e-mail]>; Young, Joshua M <[e-mail]>; DeWit, Benjamin J <[e-mail]>;
1

James.C.Lastinger <[e-mail]>; King, Art C <[e-mail]>; LaBounty, Tim L
<[e-mail]>; Young, Joshua M <[e-mail]>; Sullivan, Shelton <[e-mail]>
Subject: RE: Notice of Violation Letter, DWR 20120142
Mr. Fine,
Thanks for the information below.
On 10/20/22 I received the email (attached) stating that sediment had been removed from the stream located at Permit
Site 4.
In response to that email, removal details and photo documentation were requested regarding those activities
conducted by the contractor.
At this time, that information has not been provided.
As listed in the NOV, sediment loss has been identified at Permit Site 6.
A written plan was requested regarding the proposed removal activities and stabilization efforts located in the
jurisdictional wetland and stream.
That information has not been provided.
I appreciate the stabilization efforts completed on -site.
However, the information requested at Permit Site 4 and 6 is still outstanding.
When that information is provided to accurately document those removal and stabilization efforts, a follow up visit can
be scheduled.
Let me know what questions you have.
Ryan Conchilla, PWS
Environmental Specialist II
401 and Buffer Transportation Permitting Branch (DOT Divisions 7+8)
Division of Water Resources, NC Department of Environmental Quality
[e-mail]
From: Fine, Cary A <[e-mail]>
Sent: Friday, October 22, 2021 3:07 PM
To: Conchilla, Ryan <[e-mail]>; Chapman, Amy <[e-mail]>
Cc: Blakley, Reuben <[e-mail]>; McKenzie, Michael L <[e-mail]>; Partin, John A
<[e-mail]>; Young, Joshua M <[e-mail]>; DeWit, Benjamin J <[e-mail]>;
James.C.Lastinger <[e-mail]>; King, Art C <[e-mail]>; LaBounty, Tim L
<[e-mail]>; Young, Joshua M <[e-mail]>; Sullivan, Shelton <[e-mail]>
Subject: RE: Notice of Violation Letter, DWR 20120142
Mr. Conchilla,
As requested, please see the attached photos of the progress made to permit sites 4 & 6. Significant progress has been
made since the compliance review on October 13th and NCDOT continues to work with our contractor to promptly
identify and correct site repairs as needed throughout the project. Considering this progress made, we would request
that NCDWR conduct a follow up compliance review on Tuesday October 26th or at the earliest convenience.
If you have any questions or require additional information please do not hesitate to reach out.
Thanks,
2

Cary Fine, PE
Resident Engineer
NCDOT Highway Division 8
District 1 - Construction Office
336 318 4020 office
336 225 4237 mobile
[e-mail]
300 DOT Drive
Asheboro, NC 27204
From: Conchilla, Ryan <[e-mail]>
Sent: Thursday, October 21, 20214:15 PM
To: Fine, Cary A <[e-mail]>; Chapman, Amy <[e-mail]>
Cc: Blakley, Reuben <[e-mail]>; McKenzie, Michael L <[e-mail]>; Partin, John A
<[e-mail]>; Young, Joshua M <[e-mail]>; DeWit, Benjamin J <[e-mail]>;
James.C.Lastinger <[e-mail]>; King, Art C <[e-mail]>; LaBounty, Tim L
<[e-mail]>; Young, Joshua M <[e-mail]>; Sullivan, Shelton <[e-mail]>
Subject: RE: Notice of Violation Letter, DWR 20120142
Mr. Fine,
Thank you for taking the time to speak with me and providing updates on the site repairs.
Providing photo documentation with stamped collection dates for the repairs listed in the NOV will greatly assist in
compliance review and progress made. Current conditions at the remaining permit sites (1-12) should be evaluated and
documented to identify potential concerns prior to the next site inspection.
Let me know if I can provide further assistance at this time.
Thanks -
Ryan Conchilla, PWS
Environmental Specialist II
401 and Buffer Transportation Permitting Branch (DOT Divisions 7+8)
Division of Water Resources, NC Department of Environmental Quality
[e-mail]
From: Fine, Cary A <[e-mail]>
Sent: Wednesday, October 20, 2021 2:12 PM
To: Conchilla, Ryan <[e-mail]>; Chapman, Amy <[e-mail]>
Cc: Blakley, Reuben <[e-mail]>; McKenzie, Michael L <[e-mail]>; Partin, John A
<[e-mail]>; Young, Joshua M <[e-mail]>; DeWit, Benjamin J <[e-mail]>;
James.C.Lastinger <[e-mail]>; King, Art C <[e-mail]>; LaBounty, Tim L
3

<[e-mail]>; Young, Joshua M <[e-mail]>; Sullivan, Shelton <[e-mail]>
Subject: RE: Notice of Violation Letter, DWR 20120142
Mr. Conchilla,
Please see the attached response to the NOV issued October 15, 2021 on TIP project R-3421AB. If you have any
questions or require additional information please do not hesitate to contact me.
Thanks,
Cary Fine, PE
Resident Engineer
NCDOT Highway Division 8
District 1 - Construction Office
336 318 4020 office
336 225 4237 mobile
[e-mail]
300 DOT Drive
Asheboro, NC 27204
From: Carpenter,Kristi <[e-mail]>
Sent: Friday, October 15, 2021 4:48:46 PM
To: Norman, Patrick A <[e-mail]>; [e-mail] <[e-mail]>;
'[e-mail]' <[e-mail]>; Harris III, Philip S <[e-mail]>; King,
Art C <[e-mail]>; LaBounty, Tim L <[e-mail]>; Young, Joshua M <[e-mail]>;
Sullivan, Shelton <[e-mail]>; Conchilla, Ryan <[e-mail]>
Subject: Notice of Violation Letter, DWR 20120142
All,
This email is being sent to you because you have been identified as an electronic copy recipient of the subject
document. If you have any questions about this email or the attached document, please contact Ryan Conchilla at
ryan.conchilla@,ncdenr.gov
If you have General Certification questions please use the following link to access the site map for General Certifications
on our Website: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-
branch/general.
Sincerely,
Kristi Lynn Carpenter
Kristi Lynn Carpenter
Administrative Assistant
401 & Buffer Transportation Permitting Branch
4

Department of Environmental Quality
Division of Water Resources
919.707.3872 office
kristilynn.carpenter©ncdenr.gov
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
5

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
October 18, 2021
J. ERIC BOYETTE
SECRETARY
CONTRACT: C204368
F/A NO: STATE FUNDED
TIP NO.: R-3421A, R-3421B
WBS: 34542.3.6, 34542.3.7
COUNTY: Richmond
DESCRIPTION: Grading, Drainage, Paving, & Structures of I-73/74 Bypass West of
Rockingham at SR-1109 (Zion Church Road) to North of SR-1304
(Harrington Road)
SUBJECT: R-3421B Notice of Violation - Response
Ms. Amy Chapman
NCDEQ, Division of Water Resources
1617 MSC
Raleigh, NC 27699-1617
Dear Ms. Chapman,
In acknowledgement to the Notice of Violation issued on the above -mentioned project,
dated October 15, 2021, the Department proposes the below corrective actions.
• All perimeter erosion control measures and basins in the vicinity of Permit Sites 4
and 6 have been installed in accordance with the approved Erosion Control Plan.
Seeding and stabilization efforts for disturbed areas within the project limits have been
completed.
• Environmental Sensitive Area fencing has been installed per the approved Erosion
Control Plan.
• Supplemental wetland delineation flagging has been added project -wide to
improve identification of jurisdictional boundaries, beginning with Permit Site 4.
• Any sediment deposit of greater than 1" in depth will be retrieved from
jurisdictional areas and beyond project limits downstream of Permit Site 4 and 6 by
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION 8 OFFICE
121 DOT DRIVE
CARTHAGE, 28327
Telephone: [phone]
Customer Service: 1-877-368-4968
Website: ncdot.gov
Location:
121 DOT DRIVE
CARTHAGE, 28327

contractor forces with hand tools (shovel and rake). Disturbed areas will be then seeded
with an approved native seed mixture and mulched.
In addition to these corrective actions, the Department will implement the following
efforts on this project to ensure compliance with the outlined 401 Conditions.
1. Upcoming grading and work schedule will better consider the capabilities of the
erosion control workforce and adjust work schedule as necessary to minimize risk
of overwhelming resources. The upcoming work schedule will be submitted to
the Department for review and concurrence.
2. Resident Engineer's Office will coordinate with Roadside Environmental Office
and project erosion control designers to proactively determine resolutions to plan
conflicts, specifically sediment basins in conflict with construction activities.
If you have any questions or need further information, please notify my office.
Sincerely,
Patrick Norman, PE
Division Engineer
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By: Cary Fine, PE
Resident Engineer
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Reuben Blakley, PE, Division Construction Engineer
Michael McKenzie, PE, Asst. Division Construction Engineer
John Partin, PE, Area Construction Engineer
Art King, Division 8 Environmental Officer
Joshua Young, Roadside Environmental Unit

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