20131282 Ver 1_U-71 NOD Response_20150701

PATI2ICK L. MCCRORY
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STATE QF NORTH CAROLINA
�7EPARTN�NT OF T}RANSPORTATION
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Amy Chapman
NCDENR, Division of Water Resouxces
Trazxsportation Permitting Unit Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
ANTHONY J. TATA
SECRETARY
Subject: NCDENR-DWR issued Notice Of Deficiency for 1VCDOT Project Durham East
End Connector in Durham, Durham County (NCDOT TIP Number: U-0071;
IVCDWR Project Number: 20131282}.
Ms. Cha.pman:
The North Carolina Department of Transportation {NCDOT} �otified your agency on May 29,
2015 of clearing and grading operations outside the permitted riparian b�.ffer impact footpr�ixrt
by a subcontractor doing Utility By Other (UBO) wark for PSNC (a subsidiary of SCANA)
on this project. Yaur agency issued a Notice Of Deficiency (NOD) for this activity on June 2,
2015. The Department has had an opportUnity to review �he NOD and has provided guidance
axxd iur�struction to the prime contractor, subcontractors, utility companies and the�r
subcontractors working in and adjacent to jurisdictional resources on the project. The
following information provides the xequested information as directed by your agency in the
NOD.
Acknowledgement that all contractors, s�bcontractors, utxlity companies and their
coz�tractors have been given a copy of the NOD letter and are aware that unpermitted
activities have occu�rred and been reported to the DWR.
-The Resident Engineer discussed the pernut violation and NOD with the pr�me contractor,
NCDOT project inspectors and CEI inspectors during the bi-monthly construction meeting on
June 4, 2015. The prime contractor was provided a copy of the NOD during this meeting.
-The Resident Ez�gineer advised (via email on J�ne 9, 2015} all utility companies and their
subcontractors working an the Durham East End Connector that a NOD had been issued by
the NDENR-DWR to NCDOT for unauthorized activity in riparian buffer zones by a
subcontractar conducting UBO work.
-The Resident Engineer advised {via email on June 9, 2015) PSNC personn�l that a
subcontractor working far PSNC was responsible for the unauthorized activity in riparian
buffer zones. The Resident Engineer indicated that a meeting would be scheduled to discuss
the violation, why it occurred, and how the NCDOT is going to work to ensure that violations
do t�ot occur i.n the future.
-A meeting with the Resident Engineer, Assistant Resident Engineer, project inspectors,
PSNC persannel and Di�tribution Construction was held on June 12, 2015. The purpose of
the rneeting �vas to discuss the speeific activity that occurred on the project that led to the
Division Five-2612 North Duke Street, �urham, North Carolina 27704
Telephone: 91}220-4600 Fax: [phone]

Ms. Amy Chapman
7u1} 1, 2015
Page 2
perfnit violation and the NOD. PSNC personnel and Distribution Construction were provided
with a copy of the NOD.
-The Resident Engineer discussed the permit violatian and NOD with persorinel frozn PSNC,
Duke Energy, Frontier, Time Warner Cable and the prime contractor during a utility
coordination meeting on June 17, 2415.
-The Resident Engineer {via email on June 2b, 2015) directed tl�e prime contractor to provide
a copy of the NOD �o all subcontractors warking in and adjacent to jurisdictional resources on
the project. Additionally, they were advised that orange tree protection fence sha.11 not be
crossed under any circumstance.
-The Assistant Resident Engineer (via email on July 1, 2015} provided a copy of the NOD to
utility campanies doing work on the project and directed them to forward the NOD to all
pertinent subcontractors.
A'pian of action to be assured by contractors, subcpntractors, utility compan�es and
t�eir contracto�rs will be held responsible by NCDOT for any work outside of permitted
impact jurisdictional areas, when worki�n.g under NCDOTs permit for this project.
The Resident Engineer and Assistant Resident Engineer have met several times over the last
month with the prime contractor, subcontractar, utility companies and their subcontractors and
have clearly informed them that they will be held responsxble for campliance with ali state and
federal environmental permits and conc�itions. The Resident Engineer, Assistant Resident
Engineer and specific praject inspectors have the ability to suspend operations if unauihorized
work is anticipated to occur or has occurred in environznez�tal jurisdictional areas. Division
EnvironmentaZ Supervisor Chris Murray will continue to attend bi-monthly construction
meetings and utility coordination meetings to address permit compliance.
NCDOT Standard Specifications for Roads and Structures (Jauuary 2012} directs the
contractor to constnict the project in accordance with the plans (Section 104-1) and allaws the
Department ta collect amounts from the contractar for failure to comply witli or violatioz�s of
laws, ordinances, orders or decrees (Section 107-14).
NCDOT State Utility� Agent J. Robert Memory has advised utility compazues that relocation of
any utility is subject to the environmentai rules and regulations of the State of North Carolina.
Violation of the NC Sediment Pollution Control Act, Clean Water Act, NC Coastal
Management Act, or other environmental commitment outlined in project permits wi.11 not be
tolerated and may result in work stoppage, penaltxes andJor construction d�lays.
A description of types of inspections NCDOT and its contractors will continue to
perform on this pro,�ect.
-Division Environmerital Supervisor Chx�is Murray will continue to visit the site several times
during each month to meet wit,�i project inspectors and persozu�el from the prime contractor
and their subcantzactors. The purpose of these visits is to review the project and ensure
environmental permit comp�iance.
-CEI inspector Steve Mallory is a cammitted fixll-time em�loyee tas�Ced with the .day to day
review of erosion control acfivities and environmental permit compliance.
-Project inspectors are directed to identify and repart work at ar adjacent to permit sites to
Steve Mal�ory so tb.at he can conduct a daily review of the work and ensure co�npliance with
environmental permits.

Ms. Amy Chapman
7ufy 1, 2015
Page 3
-The Di�visian Environmental Supervisor, Resident Engineer (or Assistant Resident Engineer)
and specific proj�ct inspectors are required to meet on-site with the prime contractor,
subcontractors, utiliiy contractors and their subcontractors prior to any work conducted at any
af the environmental perrnit sites on the project. The purpose of this meeting is to discuss
construction issues and compliance with environmental pezznits.
In closing, the Departmen� is committed to maintain compliance with State and Federal
environmental permits and conditions on this project. �f you have any questions or need
additiona� infonnation, please contact Chris Murray at [phone].
S' erely, � /���
•/C F �
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. R. Hopkins, P.E.
Division Engineer
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