20140090 Ver 3_NOV Response_20160519

Transportation
May 16, 2016
Certified Mail
Mrs. Amy Chapman
Transportation Permitting Unit Supervisor
NCDEQ-DWR
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Notice of Violation, dated May 9, 2016
Winston-Salem Norther Beltway Eastern Section
U -2579B, Forsyth County
DWR no. 2014-09900
Dear Mrs. Chapman:
PAT McCRORY
Governor
NICHOLAS J. TENNYSON
Secretary
This is in response to the Notice of Violation (NOV) regarding the 401 Water Quality
Certification (WQC) No. 3987 issued to the North Carolina Department of Transportation
(NCDOT) dated May 9, 2016. The violation referenced condition no. 21 of the WQC 3987,
which requires NCDOT to use proper Best Management Practices to protect surface water
standards. The violation also referenced that NPDES records were not kept up to date. To
clarify, inspections were being performed and documented according to NPDES permit
requirements; however, routine and urgent items were not being completed in the 24 hour and
five day time frames.
On April 30, 2016, NCDOT verbally notified Dragados-USA, inc that slope drains spacing was
not installed per specifications. On May 1 and 2, 2016, the project received 0.89" of rain. As a
result of the rain, multiple sediment basins (that the inadequately spaced slope drains were
flowing to) overtopped and discharged sediment into a jurisdictional stream several hundred feet.
The project continued to receive rain over the week totaling 5.3" from April 3 to May 15, 2016,
and additional sediment was lost into site 10, as well as site 9 and 18. On May 10, 2016,
additional slope drains were installed by the contractor. However, as of May 13, NCDOT
inspectors had not signed off on the proper installation of the slope drains. Sediment has been
removed from site 10 multiple times; however, as of May 13, NCDOT hasn't signed off on the
stream cleanup at site 9 or 10.
Following the sediment loss on May 1 and 2, 2016, NCDOT project personnel shut down all
work on the project not related to erosion control. The project remains shut down until all routine
and urgent items listed on the NPDES inspection records recorded at the time of the violation are
completed.
Moving forward, if items on the NPDES and erosion control inspection list are not completed in
the time frames specified above, 1 or 5 days, operations, especially those that cause the most
erosion control disturbance, will be stopped until the items are complete. If the items aren't
completed in a suitable time frame, all operations will be stopped until complete. The one
Nothing Compares_
State of North Carolina I Department of Transportation I Division 9 D
375 Silas Creek Parkway I Winston-Salem, NC 27127 MAY 19 2 016
[phone] T 1 [phone] F
OENR • WATER RESOURCES
TRANSPORTATION PERMITTING UNIT

Mrs. Amy Chapman
Page 2
May 16, 2016
exception to this is the area at Walkertown-Guthrie bridge, due to the inconvenience to the public
associated with delaying the road closure.
NCDOT has scheduled an Executive meeting on May 25, 2016 involving NCDOT Division and
State Construction staff and upper level Dragados personnel to discuss the continued erosion
control and permitting issues on the project.
If you have any questions or require additional information, please contact myself or Amy Euliss
at 336-747-7800.
in rely,
S. P. Ivey, P.E.
Division Engineer
ec: Dave Wanucha, NCDWR Transportation Permitting Unit
Mike Holder, P.E. NCDOT Chief Engineer
Don Lee, CPESC, NCDOT State Roadside Environmental Engineer
Lamar Sylvester, P.E. NCDOT State Construction Engineer
Jose Ignacio Martin Alos, Dragados USA, Inc.
Jeremy Guy, P.E. NCDOT Division 9 Resident Engineer
Amy Euliss, Division 9 Environmental Officer
John Thomas, US Army Corps of Engineers, Raleigh Regulatory Office
Phil Suggs, NCDOT Roadside Environmental Unit
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DENR - WATER RESOURCES
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