The URL can be used to link to this page

Home My WebLink About20120935 Ver 2_Notice of Deficiency_20150707Pat McCrory Governor �� NCDENR North Carolina Department of Environment and Natural Resources July 7, 2015 CERTIFIED MAIL #70133020000076320376 RETURN RECEIPT REQUESTED Mr. Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: NOTICE OF DEFICIENCY NOD-2015-WQ-0001 North Carolina Department of Transportation NCDWR Project No. 20120935v.2 TIP No. R-3432 Brunswick County Dear Mr. Hancock: Donald R. van der Vaart Secretary On July 2, 2015, Mason Herndon of the North Carolina Division of Water Resources (NCDWR) Transportation Permitting Unit in the Fayetteville/Wilmington Regional Areas conducted an on-site inspection of project TIP No. R-3432, proposed extension of SR 1163 (Old Georgetown Rd) from SR 1184 (Ocean Isle Beach Rd) to NC 179, in Brunswick County. tn addition to NCDWR staff, staff members from the NCDOT Division 3 Resident Engineers Office, Division 3 Environmental Office, US Army Corps of Engineers.and Division of Coastal Management were also present during the inspection and their time and assistance is greatly appreciated. Observations made during the inspection are summarized below: Feature Affected Area Nature of the Obserration , Location . � T /Name a ro�mate Turbidity in e�ess of state water quality standards for Tributary to Site 1(Sta. 46+95 to �50+ linear feet C;Sw waters. Jinny's Branch 49+28 -L) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affrmative Action Employer Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff revealed that the violation occurred as a result of inadequate BMP's being used when dewatering a sediment basin that was being backfilled. A sample was taken and measured with a turbidity meter from the Wilmington Regional Office which produced a reading of 474 Nephelometric Turbidity Units (NTU). � Furthermore, based on conversations with NCDOT staff and the contractor, this release occurred during construction operations on Tuesday, June 31s1. This turbidity release was not reported to NCDWR within 24 hours which is also a violation of NCDOT's NPDES NCS 000250 permit requirements. The actions described above led to the violation(s) of the following North Carolina Administrative Code(s) governing waters: I The discharge of turbid water into the jurisdictional receiving waters of Jinny's Branch creating turbidity in excess of 50 NTU is a violation of Title 15A North Carolina Administrative Code 02B .0211 (3)k which states: " The turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU." 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: Actions that will be taken to prevent further turbid discharges into surface waters of Jinny's Branch. Actions that will be taken to ensure that turbid releases are reported to NCDWR in accordance with NCDOT's NPDES NCS 000250 permit. Your response should be sent to this office: NCDENR, Division of Water Resources c/o Ms. Amy Chapman 1617 MSC 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 V iolation and/or assessments of civil penalties. If you have any questions or require any additional information, please contact Mason Herndon at (910) 308-4021 or mason.herndon@ncdenr.gov or myself at (919) 707-8784 or Am .�pman(c�ncdenr.gov. Sincerely, M'�� Amy Chapman Transportation Permitting Unit Supervisor Electronic copies only: Brad Shaver, US Army Corps of Engineers, Wilmington District Office Karen Collette, NCDOT, Division 3 Engineer Stoney Mathis, NCDOT, Division 3 Environmental Officer Jerry Yarborough, NCDOT Roadside Environmental Engineer File Copy ,■ Complete items 1, 2, and 3. Also complete , item 4 if Restricted Delivery is desired. �■ Print your name and address on the reverse so that we can return the card to you. � Attach this card to the back of the mailpiece, . or on the front if space permits. 1. Article Addressed to: Mr. Richard W. Hancock, P.E. Manager Project Development and Environmental Analysis North Carolina DOT 1598 Mail Service Center Raleigh, NC 27699-1598 A. Signature X ❑ Agent ❑ Addressee i B. Received by (Printed Name) C. Date of Delivery ' D. Is delivery address different from item 1? ❑ Yes i If YES, enter delivery address betow: ❑ No 3. Service Type ❑ Certified Mail� ❑ Registered ❑ insured Mail �i ❑ Priority Mail Express'" i ❑ Return Receipt for Merohandise ' ❑ Collect on Delivery I 4. Restricted Delivery? (Extra Fee) p Yes 2. ArticleNumber 7py3 3�20 oaoa 7632 0376 I ' (fransfer from servlce labe� I_ __ � i _. . . ; PS Form 3811, July 2013 Domestic Return Receipt , UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4� in this box• 1v,�n NC DENR �p�R Division of Water Resourc Wetlands Branch 1617 Mail Service Center Raleigh NC 27699 . � � ;� _ � � — -- --- �� WO� �V �� °O�Q ------ wol OQ1� _---_— W�; _ _ _—_ __ - _ W LL�� _—_--_- C1 a o�1�1 -- ---- --- -- °o�� -----__ ____ az��` -- -- ¢¢1^ �° � � �.p� -- - -- F ¢ � T i --- — -- y W � W ------ U'LLI� " _—"____"__ 50� 1 ..__ ..---- 1 � . --_ _ _ _ _ � °Gb�O �m ° . i C� ° t C�JC�D G� �[lL�; QC�C�[1 °�'i� � ..o � ..o � . � � �� ' m I m C�n • - �c&�3c�c2��bEB ° i ° � rv�� ' � `' ��'1 �5� 1�� ,�•�� . � i � Postage $ � I � Certified Fes � �� Retum Receipt Fee � Fastmark O� O (Endorsement Required) Here O � O Restricted Delivery Fee � (Endorsement Required) O � O O� O Total Postage & Fees $ m i m �-- —�—� ----- , 9 f7l I frt ___._.___ __. P�o ect Development and ' r9 r9 StreetT o t. No; r 1Richard W. Hancock, P.E. Mana ef I_Y_______�._ o � o orPOBoxNo. t EnvironmenfalAnalysis � � ............ ..:; North Carolina DOT -------------- C�ry, State, Z/PI � 598 Mail Service Center � Raleigh, NC 27699-1598 � I G�G�G'il : � � ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. � Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: � Mr. Richard W. Hancock, P.E. nagei Project Development and , Environmental Analysis North Carolina DOT 1598 Mail Service Center Raleigh, NC 27699-1598 p - — — -- - — -� 1 A. Signature X B. Received by (Printed Name) � 10 2015 ❑ Agent C. Date of Delivery n item 1? ❑ Yes below: � No ��d��mj"� Priori Maii F�cpress'" �tE6'""` Return Receipt for Merohandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery7 (Extra Fee) ❑ Yes 2. Articte Number, : � - ; j : ; ; ; ; : ; • • • - ••- • •- -. .. ... . .. ' ��° � • � 7�13 ;3;�20;;�Q�O; ;7632='0376' ' (Transfer from sen%ice labe� � F , � � •• � _. _ _ _ ;' PS' Form 3811', July 2013 �' Domestic Return Receipt .. . .,... .__ . �-� , ,