20080737 Ver 3_NOV-2013-PC-0281_20130805

NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
August 7, 2013
CERTIFIED MAIL #7010309000340052134
RETURN RECEIPT REQUESTED
Dr. Greg Thorpe, PHD., Manager
Project Development and Analysis Branch
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina 2699 -1598
Subject: NOTICE OF VIOLATION
NOV- 2013 -PC -0281
Natural Resources
John E. Skvarla, III
Secretary
CERTIFIED MAIL #70103090000340051052
RETURN RECEIPT REQUESTED
Mr. Michael Taylor, PE., Project Manager
Barnhill Contracting Company
2311 North Main Street
Tarboro, North Carolina 27886
North Carolina Department of Transportation
Project No. 20080737
X -002C, Fayetteville Outer Loop
Cumberland County
Dear Dr. Thorpe and Mr. Taylor:
On July 31, Mason Herndon from the Fayetteville Regional Office of the NCDWR conducted a site
inspection on the project known as X -002C (Fayetteville Outer Loop) located in Cumberland County.
Staff members from NCDOT's Resident Engineer's Office and the Division 6 Environmental Office were
also present during the inspection and their time and assistance is greatly appreciated. The site visit and
file review revealed that an unauthorized discharge of sediment had occurred on this project.
Mr. Herndon observed two sediment basins that had apparently failed which resulted in the discharge of
sediment beyond the permitted limits. These sediment losses had not been reported to the NCDWR in
accordance with NCDOT's NPDES NCS 000250 permit requirements. Sediment was discharged into
jurisdictional wetlands and streams adjacent to permitted Site 4 near Sta. —L- 118 +00 LT and into the
jurisdictional wetlands near Sta. —L- 119 +00 RT. Mr. Herndon observed that approximately 3,525
square feet of jurisdictional wetlands and 75 linear feet of stream associated with McPherson Creek had
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: 919 - 807 -6488
Internet: wwwmwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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North Carolina Department of Transportation
X -002C /Cumberland County
been filled with 4 to 6 inches of sediment in these two areas. A good portion of the sediment loss at Sta. —
L -1 19 +00 RT had been removed, however, approximately 400 square feet of material remained in the
wetlands and no erosion control measure or efforts to stabilize the disturbed areas had occurred.
Mr. Herndon also observed an excessive amount of turbidity in McPherson Creek. Upon investigation,
Mr. Herndon found that the source of the turbidity was an excavator conducting repairs to the outlet weir
of the sediment basin located at Sta. 118 +00 LT. There were no preventive measures below the basin,
therefore, all of the turbid waters within the basin directly discharged into the wetlands and stream below.
The unauthorized impact to 3,525 square feet of jurisdictional wetlands associated with McPherson
Creek is a violation of Wetland Standards Title 15A North Carolina Administrative Code 02B.0231
(b), which states:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(c) The chemical, nutrient and dissolved oxygen regime of the wetland;
(d) The movement of aquatic fauna;
(f) Water levels or elevations
The unauthorized impact to 75 linear feet of jurisdictional waters associated with an unnamed tributary to
Back Creek is a violation of Title 15A North Carolina Administrative Code 02B.0211 (3)f,
which states: "Oils; deleterious substances; colored or other wastes: only such amounts as shall
not render the waters injurious to public health, secondary recreation or to aquatic life and
wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any
designated uses."
The discharge of turbid water is a violation of Title 15A North Carolina Administrative Code
02B .0211 (3)k which states that " the turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in
streams, lakes or reservoirs designated as trout waters; for lakes and reservoirs not designated as
trout waters, the turbidity shall not exceed 25 NTU."
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this Notice. Your response should be sent to this office at the letterhead address and include the
following:
• Actions taken to correct the unauthorized discharged into the wetlands and waters
associated with McPherson Creek.
• Actions that will be taken to prevent further unauthorized discharges to surface waters of
McPherson Creek.
• Actions that will be taken to ensure that sediment losses are reported to NCDWR in
accordance with NCDOT's NPDES NCS 000250 permit.
This incident as well as the other similar incidents that have occurred on this project as noted in the non-
compliance letters addressed to NCDOT dated March 12, 2013 and April H, 2013 are of great concern to
NCDWR.

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North Carolina Department of Transportation
X -002C /Cumberland County
Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil 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 Mason Herndon at (910) 308 -4021
or myself at (919) 807 -6365.
Sincerely,
Amy Chapman
Transportation Permitting Unit Supervisor
cc: Karen Higgins — Webscape Unit, Project No. 2008 -0737
Greg Burns, PE, NCDOT Division 6 Engineer
Ronnie Smith, US Army Corps of Engineers, Wilmington District Office
DEMLR, Fayetteville Regional Office
Belinda Henson, NCDWR, Fayetteville Regional Office
File Copy