20140090 Ver 3_Notice of Violation_20160509

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ENVIRONMEN1Al �UALi1Y
Certified Mail
PAT MCCRORY
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DONALD R. VAN DER VAART
Mr. Pat Ivey, Division Engineer
NCDOT Division 9
375 Silas Creek Parkway
Winston Salem, NC
Subject
Dear Mr. Ivey:
May 9, 2016
NOTICE OF VIOLATION
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 ZIMMERMAN
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On May 3, 2016, Dave Wanucha of the North Carolina Division of Water Resources (NCDWR) Winston
Salem Regional Office received a phone call and email from Amy Euliss, Division 9 Environmental
Officer, to report a sediment loss at Site 10 for the above reference project. Sediment impacted several
hundred feet of jurisdictional stream channel after erosion control measures were overwhelmed by
stormwater runoff during the previous week's storms.
Mr. Wanucha was also informed that Phil Suggs with Division 9 Roadside Environmental inspected Site
10 on May 3, 2016. Mr. Suggs noted in his report that too few slope drains were installed by the
contractor as required by the erosion control plan and as previously recommended by DOT staff.
On May 9, 2016, Dave Wanucha along with Ms. Euliss, Phil Suggs and other DOT staff conducted a site
review at Site 10 to inspect sediment clean-up operations and on-going maintenance of erosion control
measures and review NPDES records. The contractor had crews warking to repair erosion control
measures and remove sediment from jurisdictional areas, but a major cause of the sediment loss
(inadequate slope drains) had not been addressed.
NPDES records were not kept up to date. It was noted in the records that several erosion control areas
needed urgent attention (within 24 hours). As of May 9, these areas have not been addressed nor was
there an explanation provided as to why the areas had not been attended to.
It appears that the sediment loss was the result of the contractor's improper operation and maintenance of
erosion control BMPs. This is the third incident of this type and is in violation of NCDOT's 40l Water
Quality Certification.
State of North Carolina IEnvironmental Quality I Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617

NCDWR issued a 401 Water Quality Certification Number 3987 and subsequent modifications (original
dated April 11, 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 sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance ofsuch Best
Management Practices in order to protect surface water standards.
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 letter in writing (via email) within 10 calendar days of
receipt of this notice.
Your response shall include the following:
• List actions necessary to remediate the violation 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
Pursuant to G.S. 143-215.6A, this violation and any future violation(s) are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violallon. Your above-mentioned
response to this correspondence, the degree and extent of harm to the environment and the duration and
gravity of the violation(s) will be considered in any civil penalty assessment process that may occur.
Should you have any questions regarding these matters, please contact Dave Wanucha at [phone]
or [e-mail] or myself at [phone] or [e-mail].
Sincerely,
Amy Chapman
Transportation Permitting Unit Supervisor
Enclosures: none
Electronic copies only:
John Thomas, US Army Corps of Engineers, Raleigh District Office
Jeremy Guy, NCDOT Division 9 Resident Engineer (jmguvna,ncdot.gov)
Lindsey Panek, NCDOT Division 9 Assistant Resident Engineer (lpanek(c�ncdot.gov)
Scott Wyrick, NCDOT Division 9([e-mail])
Phil Suggs, NCDOT (psuggs cr,ncdot.gov)
Amy Euliss, NCDOT, Division 9 Environmental Officer
Matt Gantt, DEMLR, Winston Salem Regional Office ([e-mail])
File Copy

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Mr. Pat Ivey, Division Engineer
NCDOT Divsion 9
375 Silas Creek Parkway
Winston Salem, NC 27127
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