20160493 Ver 1_Notice of Deficiency_20160517

Water R� s�tarre,s
ENVIRONMEN f AL OUALITY
May 17, 2016
Mr. Scott Cole, P.E.
Deputy Division Engineer, Division 10
North Carolina Department of Transportation
716 West Main Street
Albemarle, North Carolina, 2800]
Subject:
Dear Mr. Cole:
NOTICE OF DEFICIENCY
NOD-2016-PC-0158
North Carolina Department of Transportation
NCDWR Project No. 20160493
TIP B-4972
Cabarrus County
PAT MCCRORY
�
DONALD R. VAN DER VAART
J'ecrerary
S. JAY ZIMMERMAN
On May 10, 2016, Donna Hood of the North Carolina Division of Water Resources (NCDWR)
Mooresville Regional Office conducted an on-site inspection of project TIP B-4972, replacement of
bridge 277 on Mt. Pleasant Road South, in Cabarrus County.
Observations made durin� the inspection are summarized below:
l)ireclor
Feature Affected Area
Nature ofthe Observation T /Name �cation a roximate
Sediment and erosion control measures were down and silt fence Southeastern 300 feet
damaged on the southeastem side ofthe projecY quadrant
Site reviews were not perfom�ed and documented per the records review Present-February
construction stormwater ermit 2016
Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff
revealed that the violation occurred as a result of mistakes by responsible personnel.
State of North Carolina IEnvironmental Quality � Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone [phone]

The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing wetlands, streams, and/or buffers as well as the construction stormwater permit:
401 WQC conditions violation:
Our records indicate that the NCDOT submitted a Pre-Construction Notification (PCI� on
September 29, 2014. The impacts were requested under U.S. Army Corps of Engineers
Nationwide Permit(s) 33, and the corresponding General Water Quality Certification 3893. This
was a project that did not require written concurrence. NCDWR project number is 20160493.
The General Water Quality Certification specifies that the activities must adhere to the
conditions listed in the certification, as well as additional conditions listed in the letter.
Condition(s) 2, 4 of the Water Quality Certification0 states the following:
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices and if applicable, comply with the
specific conditions and requirements of the NPDES Construction Stormwater Permit
issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites,
and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNAs), SA, WS-1, WS-11, High Quality (HQW), or Outstanding Resource (ORW)
waters, then the sedimentation and erosion control designs must comply with the
requirements set forth in 15A NCAC 048 .0124, Design Standards in Sensitive
Watersheds
4. Construction Stormwater Permit NCGO10000

An NPDES Construction Stormwater Permit is required for construction projects that
disturb one (1) or more acres of land. This Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated in the
conditions of the permit. If your project is covered by this permit, full compliance
with permit conditions including the erosion & sedimentation control plan,
inspections and maintenance, self-monitoring, record keeping and reporting
requirements is required. A copy of the general permit (NCGOI 0000), inspection
log slieets, and other information may be found at
http•//portal ncdenr.org/web/w ws/su/n�dessw#tab -w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in
full compliance with the conditions related to construction activities within the most
recent version of their individual NPDES (NCS000250) stormwater permit.
GENERAL CONSTRUCTION STORMWATER VIOLATIONS:
With an approved Sediment and Erosion Control Plan for over an acre of disturbance, a General
Construction Stormwater Permit (NCGO 1) is also issued. Until all active construction ceases, adequate
stabilization requirements are met, and the subject entity is released from the Construction Stormwater
Permit, all conditions in the NCGO 1 are to be followed. NCGO 1 Permit condition violations for the Mt.
Pleasant Road bridge replacement are as follows:
SF['TIO1V II.B. - STORMWATER POLLUTION
PREVENTION REOS,TIREMENTS IN THE 1VC
cONSTRLiCTION CENERAL.PERMIT
� �(flnsnection and Rennrting�Qi%irements
Minimum self inspection and reporting requirements are as follows unless otherwise approved in
writing by the Division of Water Quality.
a) A rain gauge shall be maintained in good working order on the site unless another
rain- monitoring device has been approved by the Division of Water Quality.
b A written record of the daily rainfall amounts shall be retained and all records shall be made
available to Division of Water Quality or authorized agent upon request. If no daily rain
gauge observations are made during weekend or holiday periods, and no individual-day
rainfall information is available, the cumulative rain measurement for those un-attended days
will determine if a site inspection is needed. (Note: if no rainfall occurred, the permittee
must record "zero").
c) Erosion and sedimentation control measures shall be inspected to ensure that they are
operating correctly. Inspection records must be maintained for each inspection event and for
each measure. At a minimum, inspection of ineasures must occur at the frequency
indicated below:
i) All erosion and sedimentation control measures must be inspected by or under
the direction of the permittee at least once every seven calendar days, and
ii) All erosion and sediment control measures must be inspected bv or under the
direction of the permittee within 24 hours after anv storm event of greater than 0.50
inches of rain per 24 hour period.
d) Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be
inspected by observation for erosion, sedimentation and other stormwater discharge
characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls shall

be made at least once every seven calendar days and within 24 hours after any storm event of
greater than 0.50 inches of rain per 24 hour period.
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this notice.
Your response shall include the following:
• Corrective actions taken or standard operating procedure developed to prevent
Construction Stormwater non-compliance in the future
• Corrective actions taken to prevent sediment and erosion control measures from being
left in the down and damaged position
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 violations as described above be
properly resolved. Unresolved violations 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 Donna Hood at (704)682-
2839 or [e-mail] or myself at [phone] or [e-mail].
Sincer.ely,
�_� "
�
Amy Chapman, Supervisor
Transportation Permitting Branch
Enclosures: Inspection Report
Electronic copies only:
Crystal Amschler, US Army Corps of Engineers, Asheville District Office
Larry Thompson, NCDOT, Division 10 Environmental Officer
Rodger Rochelle, NC Department of Transportation
DEMLR, Mooresville Regional Office
File Copy

Wetland Inspection Report
Project Num: 20130643
Project Name: NCDOT- Bridge No. 277 on SR
County: Cabarrus
Location: NCDOT- Bridge No. 277 on SR 1006 (B-4972)
Latitude: +35° 18' 49"
SW Plan Location
Site Owner Name NC DOT PDEA
Inspection Date: 5/10/2016
Reason for Inspection Routine
Inspection Type: Records/File Review (DOT)
Inspection Contact Person:
On-Site Representative(s):
Primary Inspector: Donna Hood
Secondary Inspector(s):
Version: 2 Status:lssued
Project Type: Replace bridge with bridge
Region: Mooresville
Longitude: -80° 28' 44"
Title: Phone:
Facility Compliance Status: ❑ Compliant � Not Compliant
Program Areas: Construction SW (NCG010000)
Question Areas:
� NCG010000 Permit
Inspection Summary:
Phone:
page: 1

Site Number: 20130643 Owner: Thorpe, Gregory
Inspection Date: 5/10/2016 Inspection Type: Records/File Review (DOT) Reason for Visit: Routine
NCG010000 Permit
# Is this inspection related to a DLR/delegated program inspection? ,
If Yes, what was the DLR/delegated program inspection date?
Is the site following its E&SC Plan as per DLR or delegated program?
Is the site maintaining their E&SC measures as per DLR or delegated program?
Is a copy of the approved E&SC plan on site?
Is a rain gauge present on-site or is MPE in use for the site?
Is rain gauge data or MPE data recorded?
Are inspection records complete?
Is the site compliant with other conditions of the NCG010000 permit?
Yes No NA NE
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Comment: Site was not ins�ected aer permit reauirements, after half inch rain events on the records reviewed back
throuah Februarv 2016. Records review listed no repairs of sediment and erosion control measures.
Sediment and erosion control measures were down and damaqed on the dav of the inspection.
page: 2