20140090 Ver 2_Notice of Deficiency Response_20150831

Carpenter,Kristi
From:Euliss, Amy
Sent:Monday, August 31, 2015 8:24 AM
To:Chapman, Amy; Wanucha, Dave
Cc:Guy, Jeremy M; Ivey, Stephen P
Subject:RE: US 158 Winston Salem Beltway DWR 20140090v.2 Notice of Deficiency
According to the Notice of Deficiency dated August 25, 2015, our response is due today. Since we haven’t heard back
from you regarding our concerns, we would like to request an extension until you have had time to review and respond
to our concerns outlined in the email below that was sent on August 25, 2015.

Amy Euliss
NCDOT Division 9 Environmental Officer
375 Silas Creek Parkway
Winston Salem, NC 27127
336-747-7802 (work)

From: Euliss, Amy
Sent: Tuesday, August 25, 2015 12:50 PM
To: Chapman, Amy; Wanucha, Dave
Cc: Guy, Jeremy M; Ivey, Stephen P
Subject: RE: US 158 Winston Salem Beltway DWR 20140090v.2 Notice of Deficiency

I’ve reviewed the letter and have a few concerns.

The dates listed don’t accurately depict the dates of the violations you have referenced.

thrdrdth
April 6 should be April 3. The incident occurred on April 3, and was reported on April 4. Also, this incident
occurred over four months ago. Typically, we don’t receive an NOD/NOV for an incident that happened so long
ago. Does the official NOD include this incident or is it included more a reference to problems in the past?

rd
The violation on April 3, involved not correctly removing trees from the stream banks. We were allowed to clear within
the area since there are no regulated buffers; however, proper BMPs were not utilized to remove the trees. The trees
were dropped across the stream and dragged through it rather than being pulled away. I think that the violation is for
not following BMPs by dragging trees through the creek which isn’t a BMP, not the act of cutting the trees. When there
are no regulated buffers, we can clear above the OHWM as long as we use BMPs, thus we can be working within the
orange fence.

The violation that occurred on August 19, didn’t involve a violation of condition no. 15. The site is a permitted site and
we do have impacts at this location; however, proper BMPs were not installed prior to working in the area. So
technically the violation was of condition 21, not 15.

The violation that occurred on August 21, also didn’t involve a violation of condition no. 15. We were permitted to work
within the area; however proper BMPs were not installed. Thus this act is also a violation of condition no. 21, not 15.

In the first paragraph on page 2, the last 2 sentences, state that “…apparently not knowing that this sort of activity was
not allowable without first gaining permission. August 21 violation occurred just two days after they were supposedly
instructed not to enter permitted sites without permission”. I understand where you’re going with this language;
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however, since the permits don’t require the ‘permission’ prior to working in permitted jurisdictional areas, I think it
should excluded from the NOD issued to the NCDOT.

I know this seems like semantics; however, if at some point the NOD is referenced in a NOV, then we don’t want to be
enforced on for violating 2 permit conditions instead of one, as there may be increased civil penalties for violating
multiple conditions.

Finally, I don’t understand the reference to the NPDES permit violation. Has a violation of the NPDES occurred? If so, it
should be listed, so we know what we’ve violated.

-Amy

From: Carpenter,Kristi
Sent: Tuesday, August 25, 2015 11:54 AM
To: [e-mail]; Guy, Jeremy M; Panek, Lindsey F; Wyrick, Scott D; Suggs, Phillip H; Euliss, Amy;
[e-mail]; Gantt, Matt; Wanucha, Dave
Subject: US 158 Winston Salem Beltway DWR 20140090v.2 Notice of Deficiency

All,

This email is being sent to you because you have been identified as an electronic copy recipient of the subject project. If
you have any questions about this email or the attached permit, please contact Dave Wanucha at 336-776-9703 or
[e-mail].

Sincerely,
Kristi Lynn Carpenter

Kristi Lynn Carpenter, Administrative Assistant

Transportation Permitting Unit

NCDENR/Division of Water Resources - Wetlands Branch
1617 Mail Service Center
Raleigh, NC 27699-1617

Office: [phone]

E-mail: [e-mail]

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
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