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Home My WebLink AboutNOD-2014-pc-0038 Ver - Certified Mail Receipt - 2/19/2014NCDENR North Carolina Department of Environment and Natural Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director February 19, 2014 CERTIFIED MAIL 70032260000553829790 RETURN RECEIPT REQUESTED Mr. Pat Ivey NCDOT Division 9 375 Silas Creek Parkway Winston Salem, NC 27127 Subject: Dear Mr. Ivey: NOTICE OF DEFICIENCY NOD - 2014 -PC -0038 Old Beatty Ford Road Rowan County Resources John E. Skvarla, III Secretary On January 28, 2014, Sue Homewood, Division of Water Resources staff, inspected a project on Old Beatty Ford Road in Rowan County. The site visit was as a result of an ICA issued by the Roadside Environmental Unit of NCDOT. During the site visit Mr. Phillip Craver of NCDOT informed Ms. Homewood of the status of the project as well as the sediment and erosion control issues on -going since prior to the holidays. During the site visit it was evident that sediment loss had occurred from,the project into an adjacent channel but at that time it was determined that a cleanup of the channel was not necessary as it had appeared that any material had been diluted and /or flushed through the channel. During the site visit Ms. Homewood inspected rainfall and sediment and erosion control measure inspection records and found them incomplete except for the most recent week. The ICA issued by the Roadside Environmental Unit indicated that the project was not in compliance with the approved-S &EC plan and was not properly maintaining measures. On September 10, 2010 NCDOT was issued NPDES Permit Number NCS000250. Section D.1.b.ii of this permit states that NCDOT shall incorporate the requirements of NCG010000. Accordingly, the following violations were noted: Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 919 - 807 -6492 Internet: www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina ;V'aturall'y 1. Failure to Follow the Approved Erosion and Sedimentation Control Plan (Section III No. 3 a _ As noted during the Roadside Environmental Unit inspection on 1/15/14 the project failed to follow the approved Sediment and Erosion Control Plan. 2. Failure to Properly Maintain the Control Measures (Section IV No. 1) As noted during the Roadside Environmental Unit inspection on 1/15/14. 3. Minimum Monitoring and Record Keeping (Section 11.6 No. 3 (c)) Inspection records of erosion and sedimentation control measures, collected weekly and after every half -inch or greater rain event, were not recorded and not available for review upon request. 4. Corrective Actions (Section V. No. 3) The Permittee did not take appropriate corrective actions immediately upon identification to prevent a loss of sediment from the project. 5. Duty to Mitigate (Section V. No. 5) The Permittee did not take all reasonable steps to minimize or prevent any discharge in violation of the permit. Required Response Accordingly, you are directed to respond to this letter in writing within 30 days of receipt of this Notice. The Division is concerned that NCDOT indicated that they were unable to ensure compliance by the contractor upon discovery of concerns at the project site. Please provide a detailed description of procedures to be implemented which will address how NCDOT will manage contractors to ensure that issues are addressed immediately upon discovery. Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. This and any future unresolved violations may lead to the issuance of a Notice of Violation and /or assessments of civil penalties. If you have any questions or require any additional information, please contact Sue Homewood at (336) 771 -4964 or sue.homewood @ncdenr.gov or me at 919 - 707 -8784 or amy.chapman @ncdenr.gov. Sincerely, Amy apman cc: Amy Euliss - NCDOT Division 9 (e -copy) Phil Suggs - NCDOT Roadside Environmental Unit (e -copy) Niki Maher — 401 & Buffer Permitting Unit (e -copy)