20120142 Ver 1_Notice of Violation Letter, DWR 20120142_20211015

Carpenter,Kristi
From:Carpenter,Kristi
Sent:Friday, October 15, 2021 4:49 PM
To:Norman, Patrick A; [e-mail];
'[e-mail]'; Harris III, Philip S; King, Art C; LaBounty, Tim L;
Young, Joshua M; Sullivan, Shelton; Conchilla, Ryan
Subject:Notice of Violation Letter, DWR 20120142
Attachments:20120142_US 74 Bypass_NOV_10-15-2021.pdf
All,

This email is being sent to you because you have been identified as an electronic copy recipient of the subject
document. If you have any questions about this email or the attached document, please contact Ryan Conchilla at
[e-mail]

If you have General Certification questions please use the following link to access the site map for General Certifications
on our Website: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-
branch/general.

Sincerely,
Kristi Lynn Carpenter

Kristi Lynn Carpenter
Administrative Assistant
401 & Buffer Transportation Permitting Branch
Department of Environmental Quality
Division of Water Resources

919.707.3872 office
[e-mail]

th
512 N Salisbury Street, 12 Floor
1617 Mail Service Center
Raleigh, NC 27699-1617

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

1

DocuSign Envelope ID:A9207FB9-7F4E-46A4-8EB2-62569B2583E1
F.�,c STATE oo''
/ P�
)1'ROY COOPER �D,
Governor "^ 0
ELIZABETH S.BISER L, ,, ',�.=
Secretary ft` on0
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 15, 2021
Mr. Patrick Norman,PE Mr. Greg Martin, Superintendent
Division Engineer-Division 8 Vecellio&Grogan,Inc.
North Carolina Depth fluent of Transportation 2251 Robert C. Byrd Drive
121 DOT Drive PO Box 2438
Carthage,North Carolina 28327 Beckley,WV 25802-2438
Subject: NOTICE OF VIOLATION
North Carolina Department of Transportation
NCDWR Project No. 20120142
TIP R-3421AB
Richmond County
Dear Mr.Norman and Mr. Greg Martin:
On October 13, 2021, Ryan Conchilla of the North Carolina Division of Water Resources (NCDWR)
Transportation Permitting Branch conducted an on-site inspection of project TIP R-3421AB,US 74 Ellerbe
Bypass West of Rockingham in Richmond County. In addition to NCDWR staff,Mr. Joshua Young, Mr.
Art King, Mr. Michael McKenzie and Mr. Darren Cranford from NCDOT 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/Name Location Affected Area
(approximate)
Sediment loss into Waters of the US UT to Pee Dee River Permit Site 4 40 linear feet
Sediment loss into wetlands and Waters of the US UT to Pee Dee River Permit Site 6 150 linear feet
Discussions with the North Carolina Department of Transportation(NCDOT)and contractor staff revealed
that the violation occurred as a result from lack of installation of basins ID B-121 and ID B-122, lack of
stormwater controls, inadequate ground cover and vegetation and improper maintenance of BMPs. The
sediment loss observed in the jurisdictional stream located at Permit Site 4 is estimated at 1 cubic yard.
The sediment loss observed in jurisdictional features located at Permit Site 6,extended off-site and beyond
the limits of disturbance. The sediment loss observed at Permit Site 6 is estimated at 2-3 cubic yards.
.,- North Carolina Department of Environmental Quality Division of Water Resources
'��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
Depemmem of Environmental Qualm 919.707.9000

DocuSign Envelope ID:A9207FB9-7F4E-46A4-8EB2-62569B2583E1
The actions described above led to the violation(s)of the following North Carolina Administrative Code(s)
governing wetlands and streams:
1) The unauthorized release of sediment 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
2) The removal of the best usage in UT to Pee Dee River, which is jurisdictional waters of the State and
has a classification of C,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 water quality standard."
3) The discharge of other wastes and/or sediment into UT to Pee Dee River, 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."
Our records indicate that the NCDOT submitted a request for a Section 401 Water Quality Certification on
May 10, 2012. The impacts were requested under U.S. Army Corps of Engineers Individual Permit(s)
SAW-1996-0323,issued August 7,2012 and the corresponding General Water Quality Certifications. The
NCDWR issued an approval letter for modification to the Section 401 Permit, issued on August 28, 2012,
NCDWR project number 20120142, Individual Certification number 3916.
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. The condition(s)of the approval
letter states the following:
1) 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 waters standards [15A NCAC
02H.0506(b)(3) and (c)(3):
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design,installation,operation,and maintenance of the sediment and erosion control
measures must be such that they equal,or exceed,the requirements specified in the most

DocuSign Envelope ID:A9207FB9-7F4E-46A4-8EB2-62569B2583E1
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites,borrow sites,and waste pile(spoil)projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2) The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap
placed for stream stabilization shall be placed in stream channels in such a manner that it
does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)].
3) 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]
4) The Permittee shall report any violations of this certification to the Division of Water
Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
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:
• Install all perimeter erosion control measures.
• Install all basins per approved EC plan.
• Increase seeding and stabilization efforts for disturbed areas on-site.
• Install Environmental Sensitive Area fencing per the approved EC plan.
• Wetland delineation flagging should be refreshed to identify jurisdictional boundaries
located onsite, starting with Permit Site 4.
• Remove sediment loss estimated in jurisdictional areas located at Permit Site 4.
• Efforts the Division will implement to comply with the 401 Conditions mentioned above.
Your response should be sent to this office:
NCDEQ,Division of Water Resources
c/o Ms.Amy Chapman
1617 MSC
Raleigh,NC 27699-1617

DocuSign Envelope ID:A9207FB9-7F4E-46A4-8EB2-62569B2583E1
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 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 Ryan Conchilla at (919-707-9111) or
[e-mail] or myself at(919) 707-3871 or [e-mail].
Sincerely,
DocuSigned by:
9C9886312DCD474...
Amy Chapman, Supervisor
Transportation Permitting Branch
James Lastinger,US Army Corps of Engineers,Raleigh Office
Phillip S. Harris,DOT Environmental Unit Head
Art King,DOT Division 8 Environmental Officer
DEMLR,Fayetteville Regional Office
Joshua Young,DOT Roadside Environmental
Shelton Sullivan,DWR 401 and Buffer Permitting Branch