20140090 Ver 3_20140090 Ver 3_Notice of Deficiencey_20160108_20160108

Water Resources
ENVIRONMENTA� OUALITY
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Electronic Correspondence:
Mr. Pat Ivey, Division Engineer
NCDOT Division 9
375 Silas Creek Parkway
Winston Salem, NC
Subject:
�ear N1r. Ivey:
January 8, 2016
NOTICE OF DEFICIENCY
North Carolina Department of Transportation (NCDOT)
NCDWR Project No. 2014-0090 v3
TIP Number U-2579B, Winston Salem Beltway
Forsyth County
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S. JAY 'Z,IMMF,RMAN
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On January 7, 2016, Dave Wanucha of the North Carolina Division of Water Resources (NCDWR)
Winston Salem Regional Office received a phone call from Phil Suggs with NCDOT's Division 9
Roadside Environmental Unit, to report a sediment loss at Site 2 for the above reference project.
Sediment impacted approximately1000 feet of stream channel. Phil explained that the loss was the result
of the contractor's improper operation and maintenance of erosion control BMPs. This is the second
incident of this type and is in violation of NCDOT's 401 Water Quality Certification.
NCDWR issued a 401 Water Quality Certification Number 3987 and subsequent modifications (original
dated April 11, 2014) to NCDOT pursuant to Section 401 ofthe Federal Clean Water Act. It specifies
that activities must adhere to the conditions listed in the 401 Water Quality Certification.
Specifically, Condition 21 of the Cej�tification states the following:
21. Erosion and sediment control practices must be in full compliance with all specifications
governing the pro�er desi�r installation and o�eration and maintenance of such Best
Management P�-actices irt order to protect surface water standaNds.
The above p�rmit violation appears to be related to the contractor's incompetence and disregard of proper
methods related to BMP operation and maintenance.
Accardingly, yo�� are directed to respond to this letter in writin� (via email) within 10 calendar days of
receipt of this notice.
State of North Carolina �Fuvironmental Quality I Water Re,ources
1617 Mail Service Center, Raleigh, Norlh Carolina 27699-1617
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Your response shall include the following:
• List actions necessary to remediate the deficiency 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 1VISC
Raleigh, NC 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.
If you have any questions or require any additional information, please contact Dave Wanucha at (336)
776-9703 or dave.wanucha@,ncdenr.gov or myself at [phone] or amy.chapman(�a,ncdenr. o�v.
Sincerely,
Amy C apman
Transportation Permitting Unit Supervisor
Enciusu�es: none
Electronic copies only:
John Thomas, US Army Corps of Engineers, Raleigh District Office
Jeremy Guy, NCDOT Division 9 Resident Engineer (jm��v(c�ncdot.�ov)
Lindsey Panek, NCDOT Division 9 Assistant Resident Engineer (�anek ,ncdot.gov)
Scott Wyrick, NCDOT Division 9([e-mail])
Phil Suggs, NCDOT (psuggs(c�ncdot.gov)
Amy Euliss, NCDOT, Division 9 Environmental Officer
Matt Gantt, DEMLR, Winston Salem Regional Office ([e-mail])
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