20110949 Ver 1_Notice of Violation_20120912

Beverly Eaves Perdue Governor
F W ATF9 Dee Freeman Secretary
J06 O North Carolina Department of Environment and Natural'Resources
Dee
H Sullins Director
4 "Chuck Wakdd� E Deputy Director
t
a k I o at i t
September 12, 2012
CERTIFIED MAIL #70111150 0000 4206 5308
RETURN RECEIPT REQUESTED
Dr Gregory Thorpe Ph D , Environmental'Management Director f
Project Development and Environmental Analysis Branch
N C Department of Transportation + t,
1598 Mail Service Center t r
Raleigh, North Carolina 27699 1548 t
Mr Fred Harmeling, Project Manager
Dominion Power Transmission
701 East Cary Street
Richmond Virginia 23219
Subject NOTICE OF VIOLATION
NOV 2012 PC 0313
NC DOT
TIP B 4599
DWQ project # 201,10949
Pasquotank County
Dear Sirs
On August 22, 2012 Mr Garcy Ward with the N C Division of Water Quality along
with representatives from the U S Army Corps of Engineers, the N C Division of
Coastal Management, and the N C Department of Transportation visited your project site
located on U S Hwy 17/158 north of Elizabeth City in Pasquotank County The
inspection was performed in response to reports of unauthorized clearing in wetlands
associated with the relocation of utilities necessary for the replacement of Bridge Nos 1
and 2 over Knobb s Creek, TIP B 4599
During the inspection it was observed that wetlands located in the floodplam north of
Knobb's Creek were cleared for the relocation of overhead utilities It was also noted
that high visibility fencing was not installed along the permitted impact boundaries prior
to clearing activities As a result an additional 0 64 acres of wetlands were cleared to the
east and west of the authorized clearing limits This constitutes a violation of conditions
of the Water Quality Certification issued to NC DOT on December 22, 2011
North Carolina Division of Water Quality Intemet www.ncwaterqualdy.oM
943 Washington Square Mall Phone [phone] _Mile ��„
Washington NC 27889 FAX [phone] Nm Caiolilia
An Equal Opportunity/Affirmative Action Employer— 50 / Recycled /10 / Post Consumer Paper Naturally

Page 2 of 3
NC DOT
Pasquotank County
As a result of the site inspection and file review the following violations detailed below,
are noted
(1) 401 Water Quality Certification Condition
(2) Wetland Standards
Item I Water Quality Certification Condition
The failure to install highly visible fencing along the wetland impact boundaries prior to
clearing activities represents a violation of Condition 14 of the Water Quality
Certification issued to the NC DOT on December 22, 2011 for TIP B 4599 Condition
14 states The outside buffer wetland or water boundary located within the construction
corridor approved by this certification 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
Item II Wetland Standards
The unauthorized clearing of wetlands represents violations of wetland standards as
defined in Title 15A NCAC 02B 0231 (b)(6) which states The populations of wetland
flora and fauna shall be maintained to protect biological integrity as defined in 15A
NCAC 2B 0202
Requested Response
This Office requests that you respond to this letter in writing within 30 calendar days of
receipt of this Notice and should address the following items
1 Please detail the events that resulted in non compliance with the above
mentioned permit conditions Include the date(s) that the unauthorized
clearing took place
2 Please provide a map that details the wetlands on the site and the areas of
wetlands that were impacted
3 Please explain how you propose to prevent this type of violation from
reoccurring on future projects
4 Please detail any remedial action to include the removal of fallen trees and/or
replanting This restoration effort must also be addressed in a manner that is
in full compliance with the Division of Land Resources and the U S Army
Corps of Engineers We understand the majority of the violation is on private
property and coordination with the landowner will be necessary

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NC DOT
Pasquotank County
Thank you for your attention to this matter This office requires that the violations, as
detailed above, be abated immediately Please be advised, these violations and any
future violations are subject to a civil penalty assessment of up to $25,000 00 per day
for each violation Should you have any questions regarding these matters, please
contact either Garcy Ward or myself at [phone]
Sincerely �
Wm J Moo
e
Regional Supervisor
Surface Water Protection Section
cc Jerry Jennings NC DOT Div 1
Bill Biddlecome, US Army Corps of Engineers, Washington Field Office
Paul Williams, DCM Elizabeth City
John Hennessey, NPS Assistance and Compliance Oversight Unit
Amy Chapman DWQ Transportation Permitting Unit
Pat McClain DLR Washington Regional Office
WaRO Files