20001432 Ver 9_Notice of Violation_20111121

460
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
November 21 2011
CERTIFIED MAIL #70012510 000 6680 3250
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 2011 WP 0001
North Carolina Department of Transportation
Project No 20001432
R 2417AA US 421/NC 87 (Sanford Bypass)
Lee County
Dear Dr Thorpe
On November 10 2011 Mason Herndon from the Fayetteville Regional Office of the Division of Water
Quality conducted a site inspection for the project known as R 2417AA (Sanford Bypass) located on US
421/NC 87 Lee County North Carolina This inspection was based on a report regarding sediment loss
from Barry Harrington NCDOT Roadside Environmental Engineer Staff members from NCDOT s
Resident Engineer s and Roadside Environmental Offices were also present during the inspection and
their time and assistance is greatly appreciated The site visit and file review revealed that the
unauthorized discharge of sediment had occurred on this project
Mr Herndon observed that a pumping operation had been improperly planned and setup to dewater a
stilling basin which resulted in the discharge of sediment beyond the permitted limits Sediment was
discharged into jurisdictional wetlands adjacent to permitted Site 1 near Sta —L 25 +50 LT Mr Herndon
observed that approximately 1 250 square feet of jurisdictional wetlands associated with an unnamed
tributary to Patterson Creek had been filled with 1 to 3 inches of sediment The NCDOT contractor
(Devere Construction) had already removed most of the sediment prior to Mr Herndon s inspection
N C Division of Water Quality
Fayetteville Regional Office
225 Green St Suite 714 Fayetteville NC 28301 5043
Phone [phone] FAX [phone]
Customer Service 1-877 623 6748
Internet www ncwaterquality org
An Equal Opportunity lAffirmative Action Employer
NorthCarollna
�aturalltf

North Carolina Department of Transportation
R 2417 /Lee County
The unauthorized impact to l 250 square feet of jurisdictional wetlands associated with an unnamed
tributary to Patterson Creek is a violation of Wetland Standards Title 15A North Carolina
Administrative Code 02B 0231 (b), which states
(l) 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
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 discharge to wetlands associated with an
unnamed tributary to Patterson Creek
• Actions that will be taken to prevent further unauthorized discharges to surface waters
This incident and other non compliance issues which have been documented in correspondences to
NCDOT on August 17 2011 and September 1 2001 are of great concern to NCDWQ
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 [phone]
or myself at [phone]
Sincerely
Belinda S Henson
Fayetteville Regional Supervisor
Surface Water Protection Section
cc Katie Merritt — WBS Compliance & Permits Unit Archdale Building
401 Permitting Unit Project No 2000 1432
Tim Johnson PE Division 8 Engineer
Ralph Carson Project Manager Devere Construction Co
Ronnie Smith US Army Corps of Engineers Wilmington District Office
Division of Land Resources Raleigh Regional Office
IBrian Wrenn DWQ Wetlands /401 Transportation Group
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