20220523_U-6251OldEnkaPlant_NOD.docx

DocuSign Envelope ID:7B9CDE84-2D96-4C7E-93C5-0524E7A9C041
"N'STATE o<�
ROY COOPER a
Governor
ELIZABETH S.BISER
Secretary ^
RICHARI)E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 23,2022
CERTIFIED MAIL CERTIFIED MAIL
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Mark T. Gibbs,PE Bradley Goodson
Division 13 Engineer Tennoca Construction Company
North Carolina Department of Transportation 1575 Smoky Park Hwy
55 Orange Street, Candler,NC 28715
Asheville,NC 28801 Return Receipt#
Return Receipt# 7021 2720 0000 1259 2909
7021 2720 0000 1259 2893
Subject: NOTICE OF DEFICIENCY
NOD-2022-SS-0001
North Carolina Department of Transportation
NCDWR Project No. 20201935
TIP U-6251
Buncombe County
Dear Mr. Gibbs and Mr. Goodson:
On May 20,2022,Kevin Mitchell of the North Carolina Division of Water Resources (NCDWR)
Asheville Regional Office conducted an on-site inspection of project TIP U-6251,Enka Commerce Park,
Heritage Drive, in Buncombe County. In addition to NCDWR staff,Mike Underwood with NCDOT and
Tennoca staff were also present during the inspection and their time and assistance is greatly appreciated.
Observations made during the inspection are summarized below:
Feature Affected Area
Nature of the Observation Type/Name Location (approximate)
Impervious dikes were overwhelmed causing sediment loss Site 1 of permit Approximately
to a jurisdictional stream Stream drawings 30'
Contractor was dewatering the work area and directly Site 1 of permit Approximately
discharging turbid water to a jurisdictional stream without Stream drawings 200'
the use of an approved Best Management Practice.
Discussions with the North Carolina Department of Transportation(NCDOT)and contractor staff
revealed that the violation occurred as a result of an—0.7-inch storm event and a pump failure due to lack
of fuel. Off-site sediment was observed downstream of the work area. In addition, during the inspection,
the contractor was observed dewatering the work area directly to the stream without utilizing an approved
Best Management Practice.
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
e:��D,E Q-5 919.707.9000

DocuSign Envelope ID:7B9CDE84-2D96-4C7E-93C5-0524E7A9C041
An inspection from the previous week had recommended having a contingency plan in place for potential
pump failures.
The actions described above led to the violation(s)of the following North Carolina Administrative
Code(s) governing streams:
STREAM VIOLATIONS:
Removal of best usage:
The removal of the best usage in an unnamed tributary to Hominy Creek,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 (1),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."
Other waste/in-stream sediment:
The discharge of other wastes and/or sediment into an unnamed tributary to Hominy Creek, a
jurisdictional water of the State, is a violation of Title 15A North Carolina Administrative Code 02B
.0211 (12),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."
401 WQC conditions violation:
Our records indicate that the NCDOT submitted a Pre-Construction Notification(PCN)on March 18,
2021. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 14, and the
corresponding General Water Quality Certification. The NCDWR issued an approval letter allowing the
impacts on April 7,2021,NCDWR project number 20201935.
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 21 of the approval
letter states the following:
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])
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:
1. Please explain why the violations occurred.
North Carolina Department of Environmental Quality I Division of Water Resources
5f ME Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
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DocuSign Envelope ID:7B9CDE84-2D96-4C7E-93C5-0524E7A9C041
2. Please describe how you intend to prevent these violations from occurring in the future.
3. Please describe all remediation efforts that have occurred and/or are planned including the
removal of in-stream sediment.
Your response should be sent to this office:
NCDEQ,Division of Water Resources
c/o Ms.Amy Chapman
1617 MSC
Raleigh,NC 27699-1617
Thank you for your attention to this matter. This office requires that the violations as described above be
properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and/or
assessments of civil penalties.
If you have any questions or require any additional information,please contact Kevin Mitchell at(828)
296-4650 or [e-mail] or myself at(919) 707-3871 or [e-mail].
Sincerely,
DOCUSigned by:
Q*4Pk&11
9C9866312DCD474...
Amy Chapman, Supervisor
Transportation Permitting Unit
Enclosures: Inspection Report 5.20.22 and 5.11.22
Electronic copies only:
Lori Beckwith,US Army Corps of Engineers,Asheville District Office
Roger Bryan,NCDOT, Division 13 Environmental Officer
Stan Aiken, DEMLR,Asheville Regional Office
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
:f D,E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000
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