20100747 Ver 1_Notice of Violation_20121130

November 30, 2012
CERTIFIED MAIL #70111570000185460084
RETURN RECEIPT REQUESTED
Mike Mills, Division Engineer
NCDOT
1584 Yanceyville Street
Greensboro, NC 27415
CERTIFIED MAIL #70111570000185460107
RETURN RECEIPT REQUESTED
Steve Berry
ANSCO
1131 Amble Drive
Charlotte, NC 28206
CERTIFIED MAIL #70111570000185460091
RETURN RECEIPT REQUESTED
Pat Cofrancesco
ATT North Carolina
8811 Westgate Park Drive
Raleigh NC 27617
Subject: NOTICE OF VIOLATION
and RECOMMENDATION FOR ENFORCEMENT
NOV-2012-PC-0373
Permit No. 20100747
U3326AJB
Rockingham County
Dear Sir(s):
Following notification of an illegal discharge by NCDOT personal, Amy Euliss, NCDWQ staff,
visited the US 29 Business Road Widening Project (U3326A/B) in Reidsville, Rockingham
County, NC on November 21, 2012. Ms. Euliss met Jason Julian, NCDOT Resident Engineer,
and other NCDOT and contracting staff.
A 401 Water Quality Certification No. 3843 (20120747) was issued to the NCDOT on December
9, 2010 with a correction issued on December 22, 2010 for the widening of US 29 Business in
Reidsville. During the site visit, Ms. Euliss documented 1400 linear feet of stream that had been
impacted by the illegal discharge of Max Gel from a boring operation. The discharge occurred
as a result of a borrow pit being ditched to drain directly into a UT to Wolf Island Creek (Class
C; Roanoke). Max Gel is a substance used for drill lubrication, is insoluble in water, and is not
allowed to be discharged into streams. Waste from drilling operations shall be contained and
removed from the site and properly disposed of. The loss was discovered by NCDOT personnel
Transportation and Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarofina
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91 M07-6300 \ FAX: [phone] Vaturally
Internet: www.ncwaterguality g
An Equal Opportunity 1 Affirmative Action Employer

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NCDOT Division 7/ATT/ANSCO
Rockingham County
on November 21, 2012, and reported to DWQ on the sarnc day. Upon discovery, NCDOT
directed ANSCO to fill the ditch and install appropriate containment measures. The act of
ditching the waste to the stream occurred sometime over the weekend prior to the date of
discovery. NCDOT personnel stated that the ANSCO representatives had been instructed in
proper disposal of Max Gel the week prior at a different work site on the same project, and were
directed to bring the vacuum truck on site to remove waste. Despite NCDOTs directives, the
ANSCO representatives proceeded to the work area of concern for additional utility installations,
and ditched the Max Gel waste into the jurisdictional stream.
Accordingly, the following observations and violations were noted during the Division of Water
Quality inspection and subsequent file review:
1. The unauthorized discharge of Max Gel as confirmed by DWQ on November 23, 2012 is a
violation of G.S. 143- 215.1(a) (6). North Carolina General Statute (hereby known as G.S.) 143-
215.1(a) (6) requires that no person shall cause or permit any waste, directly or indirectly, to be
discharged to or in any manner intermixed with the waters of the State in violation of the water
quality standards applicable to the assigned classifications or in violation of any effluent
standards or limitations established for any point source, unless allowed as a condition of any
permit, special order or other appropriate instrument issued or entered into by the Commission
under the provisions of this Article.
2. The unauthorized discharge is a violation of the 401 Water Quality Certification Number 3843.
Additional Condition 29 of the Certification states "There shall be no excavation from, or waste
disposal into, jurisdictional wetlands or waters associated with the permit without appropriate
modification. Should waste or borrow sites, be located in wetlands or streams, compensatory
mitigation will be required since that is a direct result from road construction activities."
Required Response
Accordingly, all parties are directed to respond to this letter in writing within 10 calendar days
of receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Document clean up and restoration measures that have been conducted, and any
additional measures that are necessary to restore the stream. The DWQ shall be notified
as soon as cleanup measures have been completed to assess the health of the stream.
2. Please explain what happened that led to the violation.
3. Please explain what methods are in place and will be put in place to prevent future
violations to surface waters as a part of utility installations.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality regarding
these issues and any future/continued violations that may be encountered. This office requires
that the violations, as detailed above, be abated immediately and properly resolved.
Environmental damage and/or failure to secure proper authorizations have been documented on
the subject tract as stated above. Your efforts to undertake activities to bring the subject site
back into compliance is not an admission, rather it is an action that must be taken in order to
begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil

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NCDOT Division 7/ATT/ANSCO
Rockingham County
penalty assessment of up to a maximum of $25,000.00 per day for each violation. 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 Amy Euliss at [phone] or me at [phone].
Sincerely, V.
cc: Amy Chapman, Transportation Permitting Unit Supervisor
Niki Maher, DWQ-WEBSCAPE Unit
Jason Julian, NCDOT Resident Engineer
Jerry Parker, NCDOT Division Environmental Officer