20060331 Ver 1_Notice of Violation_20080311

O
'4 W A T, QG Michael F. Easley, Governor
C William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
(] 'C Coleen Sullins, Director
Division of Water Quality
March 11, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Mike Mills, P.E.
NCDOT Division 7
Greensboro, NC 27415
Subject: NOTICE OF VIOLATION
US 311 Bypass
Guilford County
TIP Project No. R-06091A
DWQ Project No. 2006-0331
Individual Water Quality Certification No. WQ0003592
NOV-2008-PC-0170
Dear Mike Mills:
On March 5, 2008, Amy Euliss of the Division of Water Quality (DWQ) Winston-Salem Regional Office
conducted a site visit to assess the status of the stream relocation project for Mile Branch (TIP project R-
0609IA, permit site 6). Gerald McMahon, with Blythe Construction, met her onsite and walked the site with
her.
While Ms. Euliss was onsite, water was being pumped from the work area with the culvert directly into the live
stream, just before the diversion channel outlets into the old channel. As a result, untreated water and sediment
was being routed into live water. Mr. McMahon was instructed to have the workers stop immediately, and
instead use the appropriate baffle basin.
At the same site, the sheet piling that was suppose to prevent water from the work area, including the newly
constructed culvert and the stream restoration project, did not completely encompass the channel. This resulted
in sediment from the active work area to dump directly into the live channel. There was also accelerated
erosion on the stream channel banks. We requested that DOT fix this problem immediately to prevent any
future sediment from getting out of the work area and into the stream. Jerry Parker, DEO from Division 7, said
this was due to the storm event the night before. Recent inspection records from the DOT Roadside
Environmental Unit collaborate his statement. Therefore, we will accept that this is an isolated incident as a
result of the storm event.
As a result of the site inspection and file review, the following violation, was documented noted:
North Carolina Division of Water Quality 585 Waughtown Street
Internet: h2o.enr.state.nc.us Winston-Salem, NC 27107
NorthCarolina
Phone [phone] Customer Service
FAX [phone]
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Mr. Mike Mills, P.E.
March 11, 2008
Page 2
Violation of Condition 10 of Water Quality Certification No. 003592
Brian Smith, RE Division 7, submitted a Pre-Construction Notification (PCN) on May 7, 2007. The impacts
were requested under Individual Water Quality Certification 003592. DWQ issued an approval letter for the
impacts on December 18, 2006. The approval letter specifies that the activities must follow the conditions
listed in the General Water Quality Certifications, as well as additional conditions listed in the letter. General
Water Quality Certification 003592, Condition 10 states the following:
• "The permittee shall follow the NCDOT Best Management Practices for Construction and Maintenance
Activities, August 2003 throughout final design and construction activities associated with this project".
Requested Response
Thank you for your attention to date in this matter. This office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding the noted violation. Please respond, in
writing, within thirty (30) days following the receipt of this notice. In your response, please include the
following:
• A copy of all rain gauge data and weekly inspection/monitoring records related to your inspections of
the approved sedimentation and erosion control facilities at the site as per the requirements of the
NPDES Stormwater Permit NCS000250/ Construction Stormwater Permit NCGO10000.
The Division of Water Quality would like to hold a meeting at the Winston-Salem Regional Office including
appropriate DOT and DWQ staff to discuss this violation and the actions DOT will take to ensure appropriate
Best Management Practices will be followed by both DOT staff and their contractors. Please contact Amy
Euliss to schedule this meeting within 30 days of your receipt of this notice.
Your response to this letter will be considered in further regulatory decision making regarding these matters.
Further, this office requires that the violations, as detailed above, be abated immediately. These violations and
any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation.
Should you have any questions regarding these matters, please contact Amy Euliss at [phone].
Sincerely,
Steve Tedder
Surface Water Protection Section
cc: Brian Wrenn, Transportation Supervisor, Wetlands/ 401 Unit
John Hennessy, NPS Assistance and Compliance Oversight Unit
Jerry Parker, DEO, Division 7
Barry Harrington, Roadside Environmental Unit
Brian Smith, Resident Engineer, Division 7
Richard Spencer, US Army Corps of Engineers, Wilmington Field Office