20001432 Ver 1_R-2417AA Non compliance 8-17-11_20110817

����
����
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 17, 2011
John Olinger
Division 6 Construction Engineer
902 N. Sandhills Blvd
Aberdeen, NC 28315
Subject: R-2417AA Non Compiiance
Dear Mr. Olinger:
This letter is in reference to non compliance issues on the proposed US 421-NC 87 (Sanford Bypass) from
West of SR 1400 to West of US-1/15/501 in Lee County. Federal Aid project No. STPNHF-421(2)), State
Project 8.T540402, TiP Project No. R-2417AA, DWQ Project No. 00-1432.
Mr. Barry Harrington with the NCDOT Roadside Environmental Unit has notified the Division of Water
Quality on two separate occasions of sediment loss into jurisdictional waters on this project. During
inspection of the losses on June 8, 2011 and July 12, 2011 unauthorized sediment and stone dischar�es
were noted in several locations along Big Buffalo Creek and Patterson Creek. Furthermore on July 12 ",
during the inspection of Permit Site 5(Station 87+90}; it was noted that the contractor was installing a 54"
culvert in the permitted perennial stream without appropriate BMP's and dewatering measures. This
resulted in excessive turbidity and sediment loss downstream of the project.
On August 16, 2011, DWQ and the NCDOT Roadside Environmental Unit conducted a
NPDES/Construction Stormwater review of the project. During this inspection we found inadequate erosion
control measures and an excessive lack of ground cover in the vicinity of Ramp B. The major concerns
were located at the inlet structure and outfall pipe of the proposed dry retention basin and at a silt basin
being used to dewater the 54" bore site at Sta. 33+00/33+65. In both of these areas, excessive turbidity
and sediment were discharging into waters of Patterson Creek.
The issues described above are violations of NC Statutes 15A NCAC 2B. 0211(3)f and 15A NCAC 26
.0211(3)k, as well as Conditions 18 and 33 of the 401 WQC issued to this project and NCDOT's NPDES
permit.
DWQ request that DOT and their contractor address the concerns described above and other potential non
compliance issues on this project immediately. An inspection will be conducted on Wednesday, August 24. If these
issues have not been addressed and/or if any violation of the conditions of the 401 Water Quality Certification,
NPDES permit or Water Quality Standards is noted, DWQ will be forced to issue a Notice of Violation and possibly
seek enforcement action and civil penalties.
If you have any questions or need any additional information, please do not hesitate to call me at [phone].
225 Green St. SuRe 714. Fayetteville, NC 2830i-5043
Phone: [phone] FAX: [phone]
Intemet: www.ncwatemualitv.oro
An Equal Opportunrty I Affirmative Action Employer- 50'� Recycted 1 10% Past Consumer Paper
NorthCarolina
�aturallr�

Sincerely,
Of��
P�tas�n H2rndc�
Division of Water Quality
Surface Water Protection
cc: Marty Tiilman, PE, Division 8 Resident Engineer
Sarah Lentine, PE, Division 8 Assistant Resident Engineer
Art King, Division 8 Environmentai Officer
Belinda Henson, SWPS Fayetteville Regional Office
Rannie Smith, US Army Corps of Engineers, Wilmington District OfFice
Barry Harrington, NCDOT Roadside Environmental
Brian Wrenn, DWQ Wetlands/401 Transportation Group
Sonia Cari�lo, NCDWQ Central Office
File Copy
225 Green St., Suite 714, Fayetteville, NC 28301-5043
Phone: [phone] FAX: 910-48&0707
Internet: www.ncwaterauafdv.orp
An Equal Opportunity 1 Affirmafive Action Employer— 50'� Recycled I 10'�6 Post Consumer Paper
NorthCarolina
�aturall�