20120240 Ver 6_NOV-2015-PC-0309_20151207

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Water Resources
ENVIRONMENTAL OUALITY
December 7, 2015
CERTIFIED MAIL #70133020000076320260
RETURN RECEIPT REQUESTED
Mr. Richard W. Hancock, P.E., Manager
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: NOTICE OF VIOLATION
NOV-2015-PC-0309
tiorth �arolina �epartment of Transpoi•tatian
Ni:�VI-'R Projzct No. "ZU12.0240
TIP ivo. R-2303
Sampson County
Dear Mr. Hancock:
PAT MCCRORY
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DONALD R. VAN DER VAART
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S. JAY Z[MMERMAN
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On November 24, 2015, Mason Herndon of the North Carolina Division of Water Resources (NCDWR)
Transportation Permitting Unit in the Fayetteville/Wilmington Regional Areas conducted an on-site
inspection of project TIP R-2303D, proposed improvements to NC 24 from SR 1853 (John Nunnery Rd.)
in Cumberland County to US 421-701/SR 1296 (Sunset Avenue) in Sampson County. In addition to
NCDWR staff, NCDOT Division 3 Resident Engineers Office, Division 3 Environmental Unit and US
Army Corps of Engineers were also present during the inspection and their time and assistance is greatly
appreciated.
Observations of concern made during the inspection are summarized below:
Feature Affected Area
Nature ofthe 06servation T /Name �ation �a roxmate
Sediment approximately 4 inches in depth was observed in Stream (LTT to
the stream beyond the outlet of a culvert that was recently Great Coharie Site 13 (Sta. 1278+68 ��0 linear feet
installed. Creek) to 1281+53)
State of North Carolina �Environmental Quality � Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone:[phone]

Discussions with the North Carolina Department of Transportation (NCDOT) revealed that the violation
occurred as a result of the contractor (Fred Smith Company), not installing BMP's in accordance with the
erosion control plan prior to construction of the site. The erosion control plans called for a stilling basin
to be installed at the inlet of the culvert (Sta. 1278+68 LT) which was the location of the sediment source.
This project has had other compliance issues recently as well. A Notice of Deficiency was issued on this
project on October 12, 2015 for turbidity in excess of state water quality standards and sedimentation
resulting from the use of inadequate and inappropriate best management practices. Furthermore, on
November 9, 2015, NCDOT reported that the contractor (Fred Smith Company) attempted to install a
slope drain at 1200+SO,RT to remove ponded water on the fill section. When the contractor opened up
the berm to install the slope, turbid water and sediment overwhelmed the erosion control devices at the
toe of slope which created a discharge into the adjacent wetlands. This area was restored at the time of our
inspection on November 24, 2015 and NCDOT is also seeking disciplinary action against the Erosion
Control Supervisor for Fred Smith Company who initiated this incident per a memo received on
November 12, 2015.
The actions described above regarding the observations noted during the inspection on November 24,
2015 led to the violation(s) of the following North Carolina Administrative Code(s) governing streams:
The removal of the best usage in UT to Great Coharie Creek, which is jurisdictional waters of the State
and has a classification of C;Sw is a violation of Title 15A North Carolina Administrative Code 02B
.0211 (2), which states:
"The waters shall be suitable for aquatic life propagation and maintenance of biological
integrity, wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis shall be considered to be
violating a �ti�ater quality stE r.darci."
The discharge of other wastes and/or sediment into UT to Great Coharie Creek, a jurisdictional water of
the State, 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."
401 WQC conditions violation:
Our records indicate that the NCDOT submitted a Pre-Construction Notification (PCN) on August 2,
2012. The impacts were requested under U.S. Army Corps of Engineers Individual Permit and Individual
Water Quality Certifications. The NCDWR issued an approval letter allowing the impacts on September
24, 2012 with subsequent modifications issued on February 25, 2013; March 18, 2013 and September 25,
2014, NCDWR Project Number 20120240; Individual Certification number 003942.
The approval letter specifies that the activities must adhere to the conditions listed in the General Water
Quality Certifications, as well as additional conditions listed in the letter. Condition(s) 23 and 32 of the
approval letter states the following:
The permittee and its authorized agents shall conduct its activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or

achieved use) or that State or federal law is being violated, or that further conditions are necessary to
assure compliance, NCDWQ may reevaluate and modify this certification.
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 in order
to protect surface �vaters standards.
Accordingly, you are directed to respond to this letter in writing within 30 calendar davs of receipt of
this notice.
Your response shall include the following:
Actions that will be taken to prevent further sediment releases into jurisdictional waters of state.
Actions that will be taken to ensure that erosion control measures are installed in accordance with
the approved erosion control plan in a timely and appropriate manner..
Your response should be sent to this office:
NCDENR, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Raleigh, NC 27699-1617
Pursuant to G.S. 143-215.6A, this violation and any future violation(s) 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 ihe violatian(s) will be co�isi�ei•ed in any civil penalty asszssmeni process that may occui•.
Shoald yo�a ;�ave any q�.�estio�is � egar�ina tii�se mat�ers, psease co��tact N[asan Herncion aT (9 i 0) 30�-40� 1
or [e-mail] or myseif at [phone] or [e-mail].
Sincerely,
Amy Chapman, Supervisor
Transportation Permitting Unit
Electronic Copies Only:
Brad Shaver, US Army Corps of Engineers, Wilmington District Office
Karen Collette, NCDOT, Division 3 Engineer
Stoney Mathis, NCDOT, Division 3 Environmental Officer
Jerry Yarborough, NCDOT Roadside Environmental Engineer
Eben Miller, Fred Smith Company, 6105 Chapel Hill Rd, Raleigh, NC. 27607
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