20160577 Ver 1_NOV Response_20170801

Carpenter,Kristi
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Follow Up Flag:
Flag Status:
Ms. Chapman,
McHenry, David G
Tuesday, August Ol, 2017 4:54 PM
Chapman, Amy
Carpenter,Kristi; '[e-mail]'; Barnett, Kevin;
Burch, Brian C; Powell, Aaron C; Adams, Theodore B; Whitehead,
Reid O
RE: Notice of Violation Letter DWR 20160577, Bridge 73 on SR1125
NOV-2017-PC-0474_Response from NCDOT Division 14.pdf
High
Follow up
Flagged
Please accept this response to the NOV that we received from your office on July 17,
2017. We greatly regret the inconvenience this has caused and appreciate your
assistance in resolving the matter. Please feel free to contact me should you have any
questions or need further information. We look forward to hearing from you.
Note, that Mr. Brian Burch is now our acting Division 14 Engineer.
A hard copy of the attachment has been placed in the mail.
Thank You
Dave McHenry
Environmental Officer
NC Department of Transportation/Division 14
828 586 2141 office
dqmchenry�a ncdot.qov
253 Webster Road
Sylva, NC 28779
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Carpenter,Kristi
Sent: Monday, July 17, 2017 3:14 PM
1

To: Eddie Green <[e-mail]>;'[e-mail]'
<[e-mail]>; McHenry, David G <[e-mail]>;
Mellor, Colin <[e-mail]>; Barnett, Kevin <[e-mail]>
Subject: Notice of Violation Letter DWR 20160577, Bridge 73 on SR1125
All,
This email is being sent to you because you have been identified as an electronic copy
recipient of the subj ect document. If you have any questions about this email or the
attached document, please contact Kevin Barnett at 828-296-4657 or
kevin.barnett(c�ncdenr. gov.
If you have General Certification questions please use the following link to access the site
map for General Certifications on our Website: https://deq.nc.�ov/about/divisions/water-
resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-
general-certifications.
Certiiied Mail Article Number is 7008 1300 0000 1124 2647
Sincerely,
Kristi Lynn Carpenter
Kristi Lynn Carpenter
Administrative Assistant
Transportation Permitting Unit
NCDEQ/Division of Water Resources — Wetlands Branch
919.707.8785 office
kristilvnn.carpenter(a�ncdenr.pov
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.

ROY COOPER
GOVERNOR
August 1, 2017
CONTRACT:
TIP NUMBER:
FEDERAL:
WBS ELEMENT:
LOCATION:
COU NTY:
DESCRIPTION:
SU BJ ECT:
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES H. TROGDON, III
SECRETARY
DN00129
N/A
STATE FUNDED
145P.20451.1
BRIDGE NO. 73 OVER GREER CREEK ON SR 1125 (BEREA CHURCH RD)
HENDERSON
GRADING, PAVING, AND STRUCTURE
Responses to NOTICE OF VIOLATION
NOV-2017-PC-0474
North Carolina Department of Transportation
NCDWR Project No. 2016-0577
Ms. Amy Chapman
Department of Environmental Quality
Transportation Permitting Branch
1617 MSC
Raleigh, NC 27699-1617
Dear Ms. Chapman,
This letter is provided in reference to the issuance of a Notice of Violation (NOV) by the
Department of Environmental Quality on July 17, 2017 for the project to replace Bridge #73 in
Henderson County over Greer Creek. Included is information concerning the events leading to
the NOV and responses to the specific items identified in the NOV, namely a(1) temporary flow
bypass maintenance actions and (2) lost sediment clean-up plan (status). Also attached is a
letter from the NC Department of Transportation Division 14 (Department) to the Contractor
informing of the NOV and directives for compliance and a plan transmitted from the Contractor
to the Department concerning maintenance of the temporary dewater structure.
Back�round and Problems
The project involves the removal of the existing bridge and construction of an aluminum arch
culvert. In order to construct this project, Greer Creek was to be placed into a diversion pipe to
the east of the work area. The plans did not include a size for this diversion pipe, but contact
with the Hydraulics Unit revealed that a 24" pipe would be sufficient. After a review of the
project, Department field personnel and representative from the Contractor, Young &
McQueen Construction, felt that a 24" pipe would be insufficient. A 36" pipe was agreed upon
MailingAddress: Telephone.• [phone] Location.•
NC DEPARTMENT OF TRANSPORTATION Fax: [phone] HAYWOOD RD
MILLS RIVER DISTRICT Custamer Service: 1-877-368-4968 MILLS RIVER, NC 28759
4142 HAYWOOD RD
MILLS RIVER, NC 285�9
Website: www.ncdot.gov

and installed at the location shown in the plans along with an impervious dike to direct the
creek into the 36" pipe. Subsequent rain fall events overwhelmed the 36" pipe and impervious
dike resulting in breaching of the dike and erosion of the shoulder at the western bridge
abutment. The Department directed the installation of a 48" diversion pipe to be installed on
the western side of the creek, but outside the limits of the proposed culvert. Events in the
week leading up to the NOV being issued are as follows:
On Monday, July 10, 2017 the Contractor arrived on site to begin the installation of the
culvert. The operation for the day included dewatering of the work area using pumps
and a silt bag. After being cautioned not to operate pumps at full throttle because the
silt bag cannot handle the volume of water. Contractor did not heed this advice and
continued to stress the silt bag until it ultimately burst, resulting in silt loss from the
project. David McHenry, Division Environmental Office, and Kevin Barnett, Division of
Environmental Quality, were notified of silt loss the same day.
On Tuesday July 11, 2017, the Contractor arrived on site to find the work area flooded
from a breach in the impervious dike as a result of the rain from the night before. A
joint in the 48" division pipe was leaking, and the pipe exposed. The backfill around the
48" pipe eroded and was deposited within the work area. The 36" diversion pipe was
also leaking at a joint, which was allowing water to flow into the work area. Silt loss
was possible and was reported. Mr. Kevin Barnett arrived on site for an inspection and
provided recommendations that would allow for the water within the work are to be
pumped down in order to continue work.
On Wednesday, July 12, 2017, the Contractor began to pump out work area due to rain
from the night before and remove silt from work area. Water intrusion into the work
area was still present. An onsite meeting was held to discuss silt loss, busting of silt
bags, and how to prevent further silt loss from the project with the following in
attendance:
Shep Cordray, ARE David McHenry, DEO
Kevin Barnett, DEQ Brittany Haskett, Inspector
Lewis Icenhower,Y&M Project Manager
Judge (unk. last name), Y&M
During this meeting, it was recommended that the contractor keep the pumps idled
down, clean up silt that has deposited downstream using manual labor only, and not to
store materials off of right of way unless a reclamation plan is established. Those in
attendance were notified of potential silt loss due to pipe failure.
After the meeting, the project inspector recommended performing work to seal off the
work area from water intrusion through the impervious dike. The Contractor did not
perform any work to accomplish this, nor did they leave pumps running overnight to
keep work area dry.
On Thursday, July 13, 2017, the project experienced a 2.5" rain event the night before.
The impervious dike was breached at the 48" diversion pipe and the 36" diversion pipe
was undermined. This resulted in the creek flowing freely through the work area. The

48" pipe was not being utilized to full capacity due to the top elevation of the
impervious dike being lower than the top of the 48" pipe. The Contractor left the
project around noon without any attempt to get the 36" diversion pipe functioning.
On Friday, July 14, 2017, the project inspector arrived onsite and observed the work
area to be flooded once again. The impervious dike was again breached. No attempt
was made to redirect small stream present at the 36" diversion pipe. The project
inspector contacted Mr. Barnett about issue present. He arrived onsite to provide
recommendations as to what work needed to be completed in order to minimize and
eliminate further silt loss from the project site. These recommendations included:
o Pumping clean water into adjacent field until pumps began to pick up mud. At
that point start pumping into the silt bag.
o Install rock check dams where clean water was entering work area
o Use pumps over weekend to keep work area dry and keep water levels down in
order to keep water from entering work area.
These recommendations were given to the project foreman. The rock checks were
installed, however the contractor could not keep the small gas pumps operational and
chose not to try pumping water from work area. Contractor did run 6" pump all day to
keep water levels at the impervious dike down. The project inspector recommended
that materials be brought to the site over the weekend to repair all erosion issues. The
Contractor left the project at lunch time, only completing the installation of the rock
check dams. The Contractor failed to comply with the above mentioned
recommendations and did not appear to have plans to return to the project until the
following week.
No work was done over the weekend other than maintaining the 6" pump.
NOV Responses
Upon receipt of the NOV, all work was stopped by the Resident Engineer with the exception of
dewatering and erosion control activities. As a result of the NOV, the Project Superintendent
and Erosion Control Supervisor were directed to be removed from the project.
In a letter dated July 18, 2017, which is attached, the Department issued a letter to the
Contractor requesting the immediate steps they were taking to bring the project back into
compliance and the steps that would be taken to ensure adherence to the Department's
Sediment and Erosion Control Policy. A meeting was held on Monday, July 24, 2017 in the
Division 14 Office with the Contractor to discuss the severity of the NOV, consequences that can
result from the issuance of a NOV, and the plan moving forward.
Between July 18, 2017 and July 31, 2017 the following activities have been completed:
Effective dewatering of the work area has been accomplished by modifying the
impervious dikes to divert Greer Creek into a temporary 48" diversion pipe located on
the west side of the Creek. Another impervious dike has been placed perpendicular to
inlet of the culvert being constructed, directing any overflow to a 36" diversion pipe
located on the east side of the Creek. Each inlet of the diversion pipes has been
armored with sandbags to reduce the chance of a blowout of the diversion pipes during
high flow events.

Pumps have been placed within the work area to pick up water that is intruding into the
work area, and are in constant operation. The pumps discharge into 3 separate silt bags
within special stilling basins located on each side of the Creek.
Approximately 1,300 LF of the Creek downstream of the above reference project was
surveyed. A mixture of silty sand covers areas of the gravel bottom. Fine silty-muck
deposits are along the edges of the Creek, mostly in pools. These deposits are from 1"
— 4" in depth and brown-gray in color. There are extensive areas of bank erosion
downstream from the culvert, which indicates that not all of the fine sediment is a
result of silt loss from the project. In coordination with Mr. Barnett, pockets of silt
deposits have been removed utilizing hand tools and 5 gallon buckets where
encountered from the project to near the bridge located on Little River Rd downstream.
As of July 31, 2017, a total of 144 buckets of silt have been removed from the creek. Silt
removal is anticipated to be completed by August 4, 2017.
The bypass structures (48" and 36" pipe) inlets have been armored to reduce the
chance of a blowout during high flow events. The bypass structures will be inspected
daily by the Contractor and Department personnel. Any corrective action identified to
maintain the bypass structures until such time as the Creek is returned to the channel
and through the culvert being constructed, will be performed immediately and prior to
any other work being performed. Sump pumps will remain operational within the work
area until the culvert is complete and backfilling operations being.
The Department believes that the information provided in the preceding and the attachments
are sufficient for your needs and to allow completion of the construction project. However,
please feel free to contact me (828/586-2141 office or 828/246-7078 cell) if you have any
questions or need additional information or assistance. We look forward to hearing from you
about proceeding forward.
And finally, the Department wishes to express its regrets for this issue and the inconvenience it
has caused and assures you and others involved that it takes environmental compliance
responsibilities seriously and will continue to strive to avoid incidents like these in the future.
Thank you for your assistance with this matter.
5 i n 5�����d by:
��� �'�-
86673FBE42E5415...
Dave McHenry for
Brian C. Burch, PE
Acting Division 14 Engineer
BCB/tba/acp
Attachments
Cc: Ted Adams, PE — DCE, NCDOT
Aaron Powell, PE — RE, NCDOT
Lori Beckwith, USACOE
file
$i�izo��
Kevin Barnett — DEQ
Reid Whitehead, Roadside Environ., NCDOT
Brian Burch, PE — Division Engineer, NCDOT

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
July 18, 2017
CONTRACT:
TIP NUMBER:
FEDERAL:
WBS ELEMENT:
LOCATION:
COU NTY:
DESCRIPTION:
Mr. Lewis Icenhower,
Project Manager
25 Crest View Rd
Burnsville, NC 28714
Mr. Icenhower,
JAMES H. TROGDON, III
SECRETARY
DN00129
N/A
STATE FUNDED
14SP.20451.1
BRIDGE NO. 73 OVER GREER CREEK ON SR 1125 (BEREA CHURCH RD)
HENDERSON
GRADING, PAVING, AND STRUCTURE
In reference to the email sent to you on the evening of July 17, 2017 concerning the issuance of
a Notice of Violation (NOV) by the Department of Environmental Quality (DEQ), and subsequent
directive to stop work, the Department is requesting that you submit for review the immediate
steps you are taking to bring the project back into compliance, and the steps that will be taken
to ensure adherence to the Department's Sediment and Erosion Control Policy. A meeting with
you and those you deem necessary is scheduled for Monday, July 24, 2017 at 9 am in the
Division 14 Office located at 253 Webster Rd, Sylva NC, 28779. No work shall take place, with
the exception of erosion control activities and any dewater activities necessary until this
meeting is held and the Department is fully satisfied with your plan moving forward that will
ensure the project remains in compliance with the permits and policies.
The NOV requires a response to the following items:
How the bypass structures will be maintained to ensure that the work area remains dry
for the remainder of construction.
A detailed evaluation of all lost sediments, and how they will be removed from the
receiving waters, along with a time line for completing this activity.
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
MILLS RIVER DISTRICT
4142 HAYWOOD RD
MILLS RIVER, NC 285'79
Telephone.• [phone]
Fax: [phone]
Custamer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
4141 HAYWOOD RD
MILLS RIVER, NC 28759

Mr. Lewis Icenhower
July 18, 2017
Page 2 of 3
The items mentioned above shall be addressed and responses submitted to the Department
prior to the schedule meeting for July 24, 2017.
In the meantime, the dewatering of the work area and maintaining the bypass pipes shall be
accomplished immediately. The 48" diversion pipe shall be placed and maintained into a
condition that is fully functional. The impervious dike should be installed so that the top of the
impervious dike is at least at the top elevation of said diversion pipe. A planned spill way is
advisable to lower the possibility of failure of the impervious dike. The area around the 48"
pipe will likely need to be armored with sandbags to create a headwall to lower the possibility
of erosion and/or failure of the diversion during high water volume events.
An impervious dike across the work area will be necessary to direct water in overflow
conditions at the 48" pipe to the 36" diversion pipe located on the east side of the proposed
culvert. This impervious dike top elevation shall be at least at the same elevation as the top of
the 36" pipe. A sand bag headwall is also advisable to prevent erosion around this structure as
well. The 36" diversion pipe shall remain functional until the creek is placed in the proposed
culvert.
The work area has to remain dry at all times. Intrusion of water into the work area shall be
addressed by utilizing all available means necessary that adhere to the permits and policies.
Special stilling basins are present in the contract and should be utilized. Failure of the silt bags,
such as those in the past, should be able to be prevented by utilizing multiple bags and lowering
the volume of water that each receives. Attempting to maximize a single silt bag can, and often
does result in failures.
Any and all stockpiled erodible material shall be covered or surrounded by erosion control
measures. All perimeter erosion control measures shall be maintained and any corrective action
necessary taken
Covering of the slope from the roadway to the bottom of the excavation should reduce the
amount of erosion along those slopes and material entering the work area. This cover shall be
maintained at all times until such time as the culvert is being backfilled.
Once these items have been addressed, removal of the lost sediments shall be completed.
Upon successful completion of all items addressed herein and acceptance by Division, DEQ and
Roadside Environmental Unit, work will be allowed to resume on the proposed culvert and
progress toward completion of this project.

Mr. Lewis Icenhower
July 18, 2017
Page 3 of 3
Please contact me if you have any questions.
Sincerely,
DocuSigned by:
�4-..,,.�,,, ��.,�,u
9D6ED66C541844B...
Aaron Powell, PE
Resident Engineer
ACP
Cc
Ted Adams, PE — DCE
Mitchell Bishop, PE — ADCE
David McHenry — DEO
Shep Cordray — ARE
file
Steve Cannon, PE - DE
Cameron Cochran — RBCE
Reid Whitehead — AREE
Brittany Haskett — Inspector

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G R A D I N
July 2G, 2017
David McHenry
Resicierlt Erigurlee��
NCI�Q`�'
�1142 I�ay«�ooci Rd.
Mi➢Is Rivez•, NC 2$759
8c NiCQ[��EI�I
G COMPAf�Y INC.
R�: I�NO�I29 BRIDGE #73 �EPLACMENT
De���atericlg M�intet�a�tce Pl�ail
Mi•. McHe�»-y,
No��f t11at Yoii�i� acici McQt�ee�a has bee�l alic�wed to instal� tlie u�stream iii��ei-��i�tis dike iti a ttrai�u��er ter
iii�jxi��fize tlie 48" diversiori ��i��e, titie at7iount of �vater seepin� into tlie «ror�s ����a is iniiiiiiial. M��ltiple
�attiv}as �ti�ill coltth�tilie to n�it 24 hoti��s a c�a}= to kee�� the �vork area �trate�� level belta�v gi-acle. '�'fie ���ate�•
being �j�ml��ed fi-om tlie ��fork ai�ea «j�ll continue to �o into special sliClin� basins curreiatly onsile. Ti�e
ttF�s1rea�u ir�i�7ervidus dike «�ill be mo��itored daily to enstare its integrity. The overf�otv im}�eivious dike,
cfi�niiclietg ti�e 48" overt7o«� �vater ko tl�e 36" diversio�i pipe, t{�ill also uc checked daily. Otlier erosiat�
control c�e�rices siicki as silk fe��ce and check ciaizis �vill lae mouitorec� daily to ensure ttiey are in �i•opei•
�vt�rking r�rc�er.
Best Regaf•ds,
Lewis Icerilio��er
25 Crest Vietiv Road Bumsville, NC 28714
Pkione 828-682-7714 f Fax [phone]
ti��.+nw.youngmcqueen.com
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