20140090 Ver 2_Notice of Deficiency_20150825

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 25, 2015
Electronic Correspondence:
Mr. Pat Ivey, Division Engineer
NCDOT Division 9
375 Silas Creek Parkway
Winston Salem, NC 27127-7167
Subject: NOTICE OF DEFICIENCY
North Carolina Department of Transportation (NCDOT)
NCDWR Project No. 2014-0090v2
TIP Number U-2579B, Winston Salem Beltway
Forsyth County
Dear Mr. Ivey:
Donald R. van der Vaart
Secretary
On August 21, 2015, Dave Wanucha of the North Carolina Division of Water Resources (NCDWR)
Winston Salem Regional Office received an email from Ms. Amy Euliss of NCDOT to report a permit
violation at Site 3 for the above reference project. The violation involved removal of a temporary stream
crossing without using the appropriate Best Management Practices (BMPs). This violation follows
similar violations reported two days earlier in the week on August 19 at Site 12, and another that occurred
on April 6 at Site 14.
The NCDWR issued 401 Water Quality Certification Number 3987 and subsequent modifications
(original dated April 11, 2014) pursuant to Section 401 of the Federal Clean Water Act. It specifies that
activities must adhere to the conditions listed in the 401 Water Quality Certification. These actions
include those that pertain to NCDOT's Individual National Pollutant Discharge Elimination System
(NPDES) Permit (NCS000250) and Construction Stormwater General Permit (NCGO10000).
Specifically, Conditions number 15 and 21 of the Certification state the following:
I5. The outside buffer, wetland or water boundary located within the construction corridor
approved by this authorization shall be clearly marked by highly visible fencing prior to any
land disturbing activities. Impacts to areas within the fencin� are prohibited unless otherwise
authorized bv this certification.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer

21. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper desi�n, installation and o�eration and maintenance of such Best
Management Practices in order to protect surface water standards.
The above three permit violations seem to involve the lack of communication between feld crews and
supervisors/managers. Streams were clearly marked with highly visible fencing during the April 6 and
August 19 violations, but field crews ignored the fencing and crossed the stream to complete their work,
apparently not knowing that this sort of activity was not allowable without first gaining permission. The
August 21 violation occurred just two days after they were supposedly instructed not to enter permitted
sites without prior permission.
While we appreciate NCDOT's prompt reporting of permit violations, continued violation of permit
conditions cannot become a standard practice.
Accordingly, you are directed to respond to this letter in writing (via email) within 7 calendar days of
receipt of this notice.
Your response shall include the following:
• List actions necessary to remediate the violations including prevention measures to insure
repeated occurrences do not occur.
Your response should be sent to this office:
NCDENR, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Ralzigh, ?v'C 27699-1617
Thank you for your attention to this matter. This office requires that the deficiencies as described above
be properly resolved. Unresolved deficiencies may lead to the issuance of a Notice of Violation
and/or assessments of civil penalties.
[f you have any questions or require any additional information, please contact Dave Wanucha at (336)
776-9703 or [e-mail] or myself at [phone] or am_ .y chapman(a�ncdenr.gov.
Sincerely,
Amy Chapman
Transportation Permitting Unit Supervisor
Electronic copies only:
John Thomas, US Army Corps of Engineers, Raleigh District Office
Jeremy Guy, NCDOT Division 9 Resident Engineer (jm�uy(c�ncdot.�ov)
Lindsey Panek, NCDOT Division 9 Assistant Resident Engineer (�anek(a�ncdot.gov)
Scott Wyrick, NCDOT Division 9([e-mail])
Phil Suggs,.NCDOT (psuggs��a,ncdot.gov)
Amy Euliss, NCDOT, Division 9 Environmental Officer
Jose [gnacio Martin Alos, Dragados USA, jimartinalosb(a�Dra�ados-USA.com
Matt Gantt, DEMLR, Winston Salem Regional Office ([e-mail])
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