20140090 Ver 3_20140090 Ver 3_NOD response to Amy Chapman_20160115_20160115

Transportorton
January 15, 2016
Mrs. Amy Chapman
Transportation Permitting Unit Supervisor
NCDENR-DWR
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Notice of Deficiency, dated January 8, 2016
Winston-Salem Northern Beltway Eastern Section
U-2579B, Forsyth County
DWR no. 2014-0990 v3
Deaz Mrs. Chapman:
PAT McCRORY
Gwernor
NICHOLASJ.TENNYSON
Srrmlary
We received the Notice of Deficiency (NOD) regarding a violation to the 401 Water Quality
Certification (WQC) No. 3987 issued to the North Cazolina Department of Transportation
(NCDOT) dated January 8, 2016. The violation referenced condition no. 21 of the WQC 3987,
which requires NCDOT to use Best Management Practices to protect surface water standards.
Following the violation, NCDOT project personnel immediately shuf down all work on the
project not related to erosion control. The project remained shut down until a mandatory
meeting was held on January 12, 2016 with NCDOT project personnel, Dragados-USA, Inc.
(prime contractor) and subcontractors including foremen, superintendents, and management.
NCDEQ-DEMLR staff, Mr. Tim Latham, also attended the meeting.
Dragados-USA, Inc. was reminded during the meeting that this was the second notice of
deficiency (NOD) on this project. Dragados described measures that were put in place following
the first NOD that included but were not limited to posting signs not to enter permit areas
without approval. Erosion Superintendent, Mr. Roger McNeill, was to be informed of any
work/activiTy that took place in permitted azeas. After Mr. McNeill denied a request to work in
permit site 2, another superintendent directed a foreman to complete the work anyway, without
approval and i� violation of 401 Water Quality Certification 3987. This superintendent was
relieved of his duties by Dragados-USA, Inc. NCDOT advised upper management from
Dragados-USA, Inc. that another incident like this cannot be tolerated and that a future
occurrence will result in significant consequences for Dragados-USA, Ina.
DIVISION OF HIGHWAYS DIVISION NINE DIVISION OFFICE
375 SI WS CREEK PARKWAV, WINSTON-SALEM, NC 27127
PHONE (33fi) 747-7800 FAX [phone]

Mrs. Amy Chapman
Page 2
January 15, 2016
Dragados-USA Inc, along with Mr. Phil Suggs, NCDOT Roadside Environmental Field
Operations Engineer, is continuing to conduct training on NCDOT's Best Management Practices.
We have attached a copy of the commitments that the contractor made following the meeting to
alleviate the concerns associated with the NOD.
If you have any questions or require additional information, please contact myself or Amy Euliss
at336-747-7800.
incerely,
.\ •
S. P. Ivey, P.E.
Division Engineer
SPI/scb
Enclosures: Response letter from Dragados-USA Inc. and supporting documentation
ea Mike Holder, P.E. Chief Engineer
Don Lee, CPESC, State Roadside Environmental Engineer
Dave Wanucha, NCDWR
JoseIgnacio Martin Alos
Tim Latham, NCDEMLR
Jeremy Guy, P.E., NCDOT Division 9 Resident Engineer
John Thomas, USACE
Phil Suggs, NCDOT Roadside Environmental
Amy Euliss, Division Environmenta] Officer

DRAGADOS USA
January 14, 2016
North Carolina Department of Trensportation
Division 9
375 Silas Creek Pkwy, WinsFon-Salem NC 27127
ATTENTION: S.P.Ivey
Division Engineer
SUBJECT: LETTER DUSA - Q03484.003; Respanse to Notice of �eficiency
Dear Mr. Ivey:
I am in receipt of the Notice of Deficiency issued to the Department by the North Carolina Division of
Water Resources (NCDWR). Dragadas wants to start 6y extending our apolagies to all the Department
and NCDWR. Since we received the first NOD in August 2015 Dragados has been implementing the
committed corcective action plan to avoid occurrence of any other violation. The current procedure
established for any and all employees working in our project includes:
• Initial Erosion Control Orientation
• Certified Level II Erosion Contral foremans for all the crews.
• Continued Training from our Erosion Control Supervisor, Mr. Roger McNeii
• Mr. McNeil has got authority to stop work at any given time for any Erosion Go�trol related mal
praxis.
• Any and all crews and subcontractors wanting to work on a permitted area need to fill in a
permit request wfiich is revised, discussed and approved by Mr. McNeil before the operations
start.
• Special signing has been installed in all the permitted sites to enforce the permitted areas.
• After rain events we pair up our foremans with the NCDOT Project inspectors ta expedite
inspection and be able to address any potential issues sooner. We believe this also helps the
foremans acquire even more awareness of what needs to be taken into account when
inspecting EC devices.
This Corrective Action Plan implemented since earfy September has been working through the last
months in which we had a considerable amount of re1n. This occurrence is due to a unilaieral decision by
one of our employees who was directed not to remove or modify ihe BMP's in piace. This employee has
been removed from the company.
Since this occurrence we have already had meetings with all the staff and made them, once again, aware
of the zero tolerance policy for Erosion Control.
Dragados USA — Winston Salem Northern Beltway Project
775 Robbi�s Perch Trail, Kernersville NC 27284

DRAGADOSUSA
We believe that this action will help the rest of the project personnel to be aware of how seriously
Dragados takes Erosion Control into consideration. We want to ensure that any employee in the Project
has got access to Erosion Control Specialists at any given time and if they have any question or doubt
about how to proceed. Therefore, and hoping that th{s will help monitor and control every individual
even more, we will impiement the "Erosion Control Hotline [ards" which will be handled to every
employee on the project.
Basically, these cards will have the phone number of the lead EG Supervisor, the NCDOT Head Inspector
and the NCDOT CEI Lead inspector for Erosion Control. We will ensure that all the employees have
access to them if they have any question/toncern about Erosion Control while we continue their treining
to ensure EC awareness.
On top of this, Mr. Suggs will be coordinating additional training for all the employees with Mr. Mc Neil
so that the continued education is implemented on site.
Dragados hopes that these additional reinforcement actions help ensure that no additional occurrences
take place.
Please feel free to tontact me if you need any additionaf clarification.
Sini
lose Martin Alos
Project Manager
Cc: AngelCrespo
JordiAndres
Rafael de Ia earreda
Michelle Bostick
leremy Guy
Dragados USA — Winston Salem Northern Beltway Project
775 Robbins Perch Trail, Kernersville NC 27284

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Water Resources
ENVIRONM[N1AL OUALITY
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Elecironic Correspondence:
Mr. Pat Ivey, Division Engineer
NCDOT Division 9
3'15 Silas Creek Parkway
Winston Salem, NC
Subject:
Deaz Mr. Ivey:
January S, 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
ti. J:�Y 71��1\11�;R\4,1N
On January 7, 2016, Dave Wanucha of the North Carolina Division of Water Resources (NCDWR)
W inston Salem Regiona] 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 Cer[ification.
NCDWR issued a 401 Water Quality Certification Number 3987 and subsequent modifications (original
dated April 1 I, 2014) to NCDOT 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.
Specifically, Condition 21 of the Certification states the following:
21. Erosion and sedinte�tt contro[ practices mzrst be rn full compliailce with a(l specifications
governing tlae proper desi�rr, installation and operation and ir7aintenance ofsuch Best
Management A•uctices n� order to protect szn�ace water standnrcls.
The above permit violation appears to be related to the contractor's incompetence and disregard of proper
methods related to BMP operation and maintenance.
Accordingly, you are directed to respond to this ]etter in writing (via email) withio 10 calendar days of
receipi of this notice.
Slale MNoi fh ('arolina IFnoimnmental Quulil v I Waler Rcources
1ti17 Mail Service Cen(er, Raleigh, Nedii Camlina i7693-i617
Phone:919�fl07-83(1�
� ..t,�r: .. .. . ,_ ,�.'C�..`:.'..— . ��e,.....

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 MSC
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 oSa 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 [e-mail] or myself at [phone] or amv.chapman(�ncdenr.gov.
Sincerely, '
V v�
Amy C apman
Transportation Peanitting Unit Supervisor
Enclosures: none
Electronic copies only:
John Thomas, US Army Corps of Engineers, Raleigh District Office
Jeremy Guy, NCDOT Division 9 Resident Engineer m u(cilncdot�o�)
Lindsey Panek, NCDOT Division 9 Assistant Resident Engineer (Ipanek(c�ncdot�ov)
Scott Wyrick, NCDOT Division 9([e-mail])
Phil Suggs, NCDOT (psuggs(c�ncdot.Qov)
Amy Euliss, NCDOT, Division 9 Emironmental Officer
Matt Gantt, DEMLR, Winston Salem Regional Office ([e-mail])
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