20131282 Ver 1_Notice of Deficiency_20150602

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 2, 2015
CERTIFIED MAIL
RETURN RECEIPT
J. R. Hopkins, P.E., Division Engineer
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704
Subject: NOTICE OF DEFICIENCY
North Carolina Department of Transportation
NCDVb'R Project No. 20131282
TIP No. U-0071
Durham County
Dear Mr. Hopkins:
Donald R. van der Vaart
Secretary
On May 29, 2015 of the North Carolina Division of Water Resources (NCDWR) received a notification
from the Division Environmental Officer, Chris Murray, that subcontractors doing Utility By Other
(UBO) work for PSNC natural gas utility, had done unpermitted work for the U-0071 project in Durham
County. The notification and inspection by Mr. Murray, as well as his time and assistance is greatly
appreciated.
Observations made during the inspection are summarized below:
• Subcontractor for PSNC ignored NCDOT's guidelines that they should stay within orange fence
line to impact.only permitted areas of Neuse Riparian Buffer for Permit Site 3. NCDOT states
that the construction footprint had been clearly defined and there was no ambiguity in allowable
buffer impact lines.
• UBO Subcontractor on their own took down orange fencing, conducted clearing and grading
activities outside the permitted buffer footprint, left tree trunks and roots in the buffer, and re-
installed the orange fencing in an incorrect location.
• Mr. Murray had to request NCDOT surveyors to re-stake permitted footprint and determine
amount of unpermitted impact that UBO Subcontractor caused.
• Unpermitted impact consists of 216 square feet of Zone 1 Buffer impact and 732 square feet of
Zone 2 Buffer impact, outside of already-permitted impact at Permit Site 3.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer

Discussions with the North Carolina Department of Transportation (NCDOT) revealed that the violation
occurred as a result of UBO Subcontractor ignoring well-defined permit footprint guidelines and clearly-
marked orange fencing, as DWR's water quality certification requires.
NCDOT directed Subcontractor to remove tree trunks and roots, and stabilize the impacted buffer area
with an appropriate seed mix. DWR agrees with this immediate action and thanks NCDOT for
preventing further buffer impact violations at this site.
The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing Buffers:
The unauthorized disturbance and/or removal of vegetation from Buffer Zone 1 applicable
surface waters in the Neuse River Basin is a violation of Title 15A North Carolina
Administrative Code 02B .0233 (4)(a) which states:
"Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided
for in Item (6) [Table of Uses] of this Rule." For intermittent and perennial streams, �
Zone 1 shall begin at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extend landward a distance of 30 feet on all sides of the
surface water, measured horizontally on a line perpendicular to the surface water.
Additionally, Title 15A North Carolina Administrative Code 02B .0233 (4)(b) states:
"Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses
provided for in Item (6) [Table of Uses] of this Rule. Grading and revegetating Zone
2 is allowed provided the health of the vegetation in Zone 1 is not compromised." For
intermittent and perennial streams, Zone 2 shall begin at the most landward limit of
th� top of bank or the rooted herbaceous vegetation and extend landward a distance of
30 feet on all sides of the surface water, measured horizontally on a line
perpendic�alar to the surface water.
Failure to maintain diffuse flow through riparian buffer areas of applicable surface waters in the
Neuse River Basin is a violation of Title 15A North Carolina Administrative Code 02B .0233 (5)
which states:
"Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow and reestablishing vegetation."
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this notice.
Your response shall include the following:
• Acknowledgment that all contractors, subcontractors, utility companies and their contractors have
been given a copy of this Notice of Deficiency letter and are aware that unpermitted activities
have occurred and been reported to DWR.
• A plan of action to be assured that contractors, subcontractors, utility companies and their
contractors will be held responsible by NCDOT for any work outside of permitted impact
jurisdictional areas, when doing work under NCDOT's permit for this project.
• A description of types of inspections NCDOT and its contractors will continue to perform on this
project.

Your response should be sent to this office:
NCDENR, Division of Water Resources
Transportation Permitting Unit
c/o Ms. Amy Chapman
1617 Mail Service Center
Raleigh, NC 27699-1617
Thank you for your attention to this matter. This office requires that the violations as described above be
properly resolved. 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 Rob Ridings at (919) 707-
8786 or [e-mail]; or myself at [phone] or [e-mail].
Sincerely,
��^'��
Amy Chapman
Transportation Permitting Unit Supervisor
Electronic copies only:
Chris Murray, NCDOT, Division SEnvironmental Officer
File Copy

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