20190230 Ver 1_Notice of Violation (NOV)_20200526

DocuSign Envelope ID: B78D06FE-3A08-40C4-A879-5DA52E9C119D
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
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NORTH CAROLINA
ErrOMFIrh#rtfdl Quarlry
May 22, 2020
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: NOTICE OF VIOLATION
Mr. Stephen Kohler
Thalle Construction Company
900 NC Highway 86 North
Hillsborough, NC 27278
NOV-2020-0247
North Carolina Department of Transportation
NCDWR Project No. 20190230
TIP R-2582A
Northampton County
Dear Mr. Harris and Mr. Kohler:
On May 7, 2020, Garcy Ward of the North Carolina Division of Water Resources (NCDWR) Washington
Regional Office conducted an on -site inspection of project R-2582A, US 158 Improvements in
Northampton County. In addition to NCDWR staff, Steve Trowell, Andy Blankenship, Brooks Braswell,
Randy Midgett, Randy Hall, and Jimmy Edwards, all with NCDOT and contractor staff were also present
during the inspection and their time and assistance is greatly appreciated.
Observations of concern made during the inspection are summarized below:
Nature of the Observation
Feature Type
Location
Affected Area
aproximate)
Unauthorized release of fill into wetlands
Wetland
Site 5
0.96 acres
Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff
revealed that the violation occurred in part as a result of the lack of the appropriate Erosion and Sediment
Control (E&SC) BMP's at the site. The loss of fill material occurred after a 3" rain event on April 30,
2020. No silt fence was in place at the time.
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

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According to the requirements of NCGO 10000, all E&SC measures, Stormwater Discharge Outfalls
(SDO's), and streams and wetlands on the project are to be inspected within 24 hours after a rain event of
> 1.0 inch in 24 hrs. A review of the inspection forms revealed that an inspection following the rain event
of Thursday, April 30th was not conducted until five days later on Tuesday, May 5'. The field inspection
and form review also revealed that not all the SDO's on the project were listed on the inspection forms.
During the field review it was noted that cleanup of the impacted wetland area was underway and those
efforts are appreciated.
The actions described above led to the following violations:
1.) WETLAND VIOLATION:
The unauthorized release of fill to jurisdictional wetlands 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
(6) The populations of wetland flora and fauna shall be maintained to protect biological integrity
as defined at 15A NCAC 2B .0202.
2.) 401 WQC CONDITIONS VIOLATION:
The NCDWR issued a 401 Water Quality Certification approval letter for the project on June
24, 2019, NCDWR project number 20190230, Individual Certification No. 004189. The
approval letter specifies that the activities must comply with all the conditions listed in the
certification. Conditions 10 and 15 of the approval letter state the following:
10. The outside buffer, wetland or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
Failure to establish the highly visible fencing prior to clearing activities at the site represents a
violation of this condition.
15. When applicable, all construction activities shall be performed and maintained in full compliance
with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state water
quality standards, statutes, or rules occur. [ 15A NCAC 02H .0506 {b)(3) and (c)(3) and 15A NCAC
02B .0200]
The failure to have the appropriate sediment and erosion control devices in place is in violation of this
condition.
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
an— a L " �� 919.707.9000

DocuSign Envelope ID: B78D06FE-3A08-40C4-A879-5DA52E9C119D
3.) NPDES (NCS000250) and NCG010000 PERMIT VIOLATION:
Failure to properly install the appropriate sediment and erosion control BMP's represents
a violation of NCGO 10000 Part II Section G (2) which states: "The permittee shall install
and maintain all temporary and permanent E&SC measures as required by this permit and
the approved E&SC plan."
Failure to conduct an inspection after a rain event of > 1.0 in. represents a violation of
NCGO10000 Part III Section A (2)(3)(5)
The above NCGO 10000 violations thereby constitute a violation of NCS000250 Part II,
Section C(1)(b)(ii) of NCDOT's individual NPDES permit which requires NCDOT to
incorporate the applicable requirements of NCGO 10000.
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of receipt of
this notice.
Your response shall include the following:
• List any actions necessary to remediate the violation and prevent it from happening again.
Your response should be sent to this office:
NCDEQ, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Raleigh, NC 27699-1617
Pursuant to G.S. 143-215.6A, these violations 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 Garcy Ward at 252-
948-3917 or [e-mail] or myself at [phone] or [e-mail].
cc:
Sincerely,
DOGUSigned by:
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9C9886312DCD474...
Amy Chapman, Supervisor
Transportation Permitting Branch
Jerry Jennings, PE, Division Engineer, NCDOT Division 1
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Paul Williams, NCDOT, Division 1 Environmental Officer
DEMLR, Raleigh Regional Office
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
an— a L " �� 919.707.9000