20120142 Ver 3_Notice of Deficiency_20160222

Water Resources
ENVIRONMENTAL OUALITY
PAT MCCRORY
(,nreinor
DONALD R VAN DER VAART
Seu emt v
S JAY ZIMMERMAN
I�n ec(ru
February 22, 2016
Elecironic Correspondence:
Mr. Brandon Jones, Division Engineer
NCDOT Division 8
902 North Sandhills Blvd.
AberdPen, NC 28315
Subject: NOTICE OF DEFICIENCY
North Carolina Department of Transportation (NCDOT)
NCDWR Project No. 20120142v3
TIP Number R-3421ABC, US 74 (Rockinghatn/Ham�et Bypass) to US 220 (Ellerbe
Bypass) in Richmond County
Dear Mr. .►ones:
On February 19, 2016, Dave Wanucha wrth the North Carolina Division of Water Resources (NCDWR)
Winston Salem Regional Ofiice met wrth NCDOT Division 8 staff Art Kmg, Jason Crissman and Shelton
Gillespie to inspect recent sediment losses to�urisdictional streams and wetlands on the pro�ect and to
determine compliance with recordkeeping requirements pursuant to NCDOT's National Pollutant
Discharge Elimination System (NPDES) Permit No NCS000250 and General Permrt No. NCGO10000
for the Discharge of Stormwater assoczated wrth Construction Activities.
This Notice is in regards to the recordkeeping portion of the inspection (i e SPPPFORM30) Clean-up of
sediment releases to jurisd�ctional areas was ongoing durmg the visit and was bemg performed in a
satisfactory manner. A few sites were already cleaned of sediment, but several remained that needed to
be cleaned
The deficiency is related to the method of documenting maintenance of erosion and sedimentation
devices, and the lag time between discovery of a itoted "need of attention" and actually making the
needed repairs. Items noted as "Urgent" need attention within 24 hours, but accordmg to the records,
needed repairs were not conducted until several days followmg the initial discovery It was also noted
that several entries were noted as "Routme" but were not addressed withm the 5 day period They were
carried over to the next week's report and listed as "Urgent".
State of North CaroUna �Env�ronmz�tal Qual�ty � Water Reso�Uces
1617 Mad Servire Center, Raleigh, North Carohna 27699-1617
Phone [phone]G

NCDWR issued a 401 Water Quality Certification Number 3916 dated May 12, 2012 to NCDOT
pursuant to Section 401 of the Federal Clean Water Act. It specifies that activities must adhere to the
conditions listed iri the 401 Water Quality Certification.
Specifically, Condition 25 of the Certification states the %llowing:
25. The issuance of th.as certificcrtion does not exempt the Pertntttpe from complyzng ��ith any
and all statutes rules reguiatrons or ordanances that may be amposed by other government
agencies (a e local state and federal) having�urasdzction zncludrng but not Zzmited to
applicable buffer rules, stormwater management rules soal erosion and sedamentataon control
requrrements, etc.
Tl�e above deficiency appears to be related to a misunderstanding of proper documentation and record
keeping or that there are not enough pro�ect staff available to make needed maintenance repairs m the
timeframe allowed.
Accordingly, you are directed ta respond to this letter in writmg (via email) within 10 calendar days of
receipt of this notice
Your response shall include the following•
• List actions necessary to remediate the deficiency including prevention measures to
msure repeated occurrences do not occur
Your response should be sent to this office
NCDENR, Division of Water Resources
c/o Ms. Amy i hapman
16? % iv����.
Raieigh, NC 27n99-1617
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 assessmenis of civil penalties.
If you have any questions or require any addrtional information, please contact Dave Wanucha at (336)
776-9703 or [e-mail] or myself at [phone] or am. .Y chapmannao,ncdenr ov.
incerely,
y �h pman
Transp6 ation Permittmg Unit Supervisor
Enclosures None
Ele�tromc �•opies cn,y:
Andy Williams, US Army Corps of Engineers, Raleigh District Office
Barry Harrington, NCDOT Roadside Environmental (bwharrmgton�a�,ncdot. o�v)
Art King, NCDOT, Division 8 Environmental Officer
Matt Gantt, DEP�ILR, Winston Saiem Regional affice (matt [e-mail])
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