20150362 Ver 5_Notice of Violation (NOV)_20191022

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit Head
1598 Mail Service Center
Raleigh, NC 27699-1598
NORTH CAROLINA
ErrOMFIrh#rtfdI Quarlry
October 22, 2019
Subject: NOTICE OF VIOLATION
NOV-2019-PC-0701
North Carolina Department of Transportation
NCDWR Project No. 20150362
TIP I-3802A
Cabarrus County
Dear Mr. Harris:
On April 18, 2019, Donna Hood of the North Carolina Division of Water Resources (NCDWR)
Mooresville Regional Office conducted an on -site inspection of project TIP I-3802A, I-85 widening, in
Cabarrus County. In addition to NCDWR staff, NC DOT, and contractor staff were also present during
the inspection and their time and assistance is greatly appreciated.
Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff
revealed that the violations occurred as a result of construction in various permitted sites throughout the
length of the project that were not constructed per the approved plans.
Numerous site visits were performed during active construction in the permitted areas of this project. NC
DOT was proactive in requesting DWR involvement when construction problems arose in those areas.
Variations from permitted impacts were verbally agreed to by DWR with the understanding that one final
permit modification would be submitted when requested after substantial completion of permitted areas.
This allowed for the continuation of construction on a very large project with 43 different impact sites
while tallying changes in impacts, which was easier for all parties involved. Should NC DOT not be able
to adhere to verbal agreements made during inspections, substantial delays in construction could result in
future projects while associated paperwork is corrected prior to site construction.
This request was initially requested during the April 18t1i, 2019 inspection. The request has been
verbalized many times to NC DOT and contractor personnel, via phone calls, in person, and in email
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: DDE158AB-3861-4F5A-B93E-1E4626D3263C
since that day. Requests have been made to the Division (NC DOT), Contractors (Blythe), and Raleigh
personnel (NC DOT). No progress has been made toward permit compliance.
The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing wetlands, streams, and/or buffers:
Our records indicate that the NCDOT submitted a Pre -Construction Notification (PCN) on April
15, 2015 (IP 4022), June 28, 2015 (Change to a RGP31), February 19, 2016 (Mod for impacts),
December 2, 2016 (Mod for impacts), and October 26, 2017 with December 2, 2017 addendum
(mod for impacts). The impacts were originally requested under U.S. Army Corps of Engineers
Individual Permit, which was modified to Regional General Permit 31 and the corresponding
General Water Quality Certifications. The NCDWR issued approval letters allowing the impacts
on June 15, 2015, June 29, 2015, March 22, 2016, and February 5, 2018, NCDWR project
number 20150362, (Formerly)Individual Certification number 4022.
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) 20
and 26 of the approval letter state the following:
20. When final design plans are completed for 1-3902, Section B, a modification to the 401 Water Quality
Certification shall be submitted with appropriate fees to the NC Division of Water Resources. Final designs shall
reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface
waters, and buffers. No construction activities that impact any wetlands, streams, surface waters, or buffers
located in I-3802 Section B shall begin until after the permittee applies for, and receives a written modification of
the 401 Water Quality Certification and the from the NC Division of Water Resources. [I 5A NCAC 02H.
0506(b)]
26, The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [I SA NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
Accordingly, you are directed to respond to this letter in writing within 21 calendar days of receipt of
this notice.
Your response shall include the following:
• A new PCN for permit modification to reflect sites as constructed.
Your response should be sent to this office:
NCDEQ, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Raleigh, NC 27699-1617
e:!5fQE North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: DDE158AB-3861-4F5A-B93E-1E4626D3263C
Pursuant to G.S. 143-215.6A, this 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 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 Donna Hood at [phone] or
[e-mail] or myself at [phone] or [e-mail].
Sincerely,
DOCUSigned by:
o C�r,u pr ,
9C9886312DCD474...
Amy Chapman, Supervisor
Transportation Permitting Branch
Electronic copies to:
Nicholle Braspennic@ US Army Corps of Engineers, Charlotte District Office
Joel Howard, NCDOT, Division 10 Acting Environmental Officer
e:!5fQE North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000