20120935 Ver 2_R-3432 NOD (NCDOT Response)_20150716

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Pn�r MCCrto[tY DIVISION OF HIGHWAYS AN'I�HONY 1. Tn"I�A
CiOVER\OR SF.CRI'TAR7'
July 16, 2015
NCDENR, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Raleigh NC 27699-1617
Sub ject: Notice of Deficiency
NOD - 2015-WQ-00001
TIP: R-3432 Brunswick County
North Carolina Department of Transportation
NCDWR Pro ject No. 20120935v.2
Dear Ms. Chapman:
We are in receipt of the subject Notice of Deficiency dated July 7, 2015 and received in our
Wilmington office via email on July 15, 2015. We appreciate the phone call and advance notice that
an NOD would be issued. This allowed the Department to immediately respond to the issues.
In opening, I wish to express my appreciation for time Mr. Herndon has spent assisting the
Department in meeting its commitments throughout Division Three. During the review, Mason noted
turbidity at Site 1 in Jinny's Branch. In the days prior to the review, the area had been graded, a
special sediment basin removed, the ditches cut to grade and the slopes seeded. This disturbance
resulted in turbidity exceeding the background readings and exceeding 50ntu's. This water was
allowed to migrate downstream in Jinny's Branch. As we reviewed the NO�, we see two distinct
issues. One issue was the turbid water and the second issue was notification.
As work at Site 1 proceeded, water was pumped into a special sediment basin. At the time, the
pro ject staff felt that this was adequate however we now agree that the special sediment basin did
not adequately treat the water and additional measures should have been taken. In keeping with
Mason Herndon's recommendations, the water from the pipe was pumped into a truck and
disposed of. We h4ve p/aced additionol checks with PAM in the ditches upstreom of re%ase into
Jinny's Creeks We have also placed a sand blanket in the final section of the ditch upstream of the
5501 Barbados Boulevard, Castle Hayne, NC 28429
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final check ot Jinny's creek. Division wide, we hove begun to investigote the turbidity of all pumped
discharge wa ter af ter i t lea ves a BMP and before i t is discharged in to permi tted areas
Pro ject staff understood the need to notify �WQ when there was a release of sediment into a
permitted area but did not consider the turbid wuter u notification issue. We now understand that
if a dischorge of woter is discovered exceeding the background readings and exceeding 50ntus,
then notification is required. Project staff willnotify OWQ when a turbid water re%ase is found.
On July 7, 2015, Division Construction Engineer Chad Kimes, PE summoned all Resident Engineers
and Assistant Resident Engineers from Division Three to the Division Office for a meeting
concerning this event. The findings of the anticipnted NOD were discussed. The nssembled staff
left with a thorough understanding of the deficiencies noted and how to prevent them in the
future. We continue to provide additional oversite to the project personnel utilizing two dedicated
non-pro ject Division staff to conduct erosion control and permit compliance reviews. Division Three
is committed to improving our knowledge, understanding and compliance with permit conditions.
Thank you for your continued participation in our erosion control ride through and please accept the
information in this letter, und our future actions, as proof of our commitment to excellence in
environmentctl stewardship.
Sincerely,
Karen E. Collette, PE
Division Engineer
KEC/t jf
cc:
Brad Shaver, US Army Corps of Engineers, Wilmington District Office
Jerry Yarborough, CPESC, NCDOT Roadside Environmental Engineer
Richard Hancock, PE, NCDOT PDEA
Mason Herndon, NCDWR
Stoney Mathis, PE, NCDOT, pivision 3 Environmental Officer
Wayne Currie, PE, NC�OT Resident Engineer
Anthony Law, NCDOT District Engineer
Chris Rivenbark, NCDOT Natural Environment Section
Stephen Lane, �ivision of Coastal Management
Mike Holder, PE, NCDOT Chief Engineer