20120142_NOV_US 74 Bypass_7-20-22

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STATE�Fti V°
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ROY COOPER
Governor Q i
ELIZABETH S.BISER a
Secretary ' e4EQu,kmv0.0'
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
July 20, 2022
Mr.Art King Mr. Greg Martin,Superintendent
Division Environmental Officer- Division 8 Vecellio &Grogan, Inc.
North Carolina Department 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
US 74 Rockingham/Hamlet Bypass to US 220 Ellerbe Bypass
Richmond County
Dear Mr. King and Mr. Martin:
On July 12, 2022, 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,Joshua Young,
Darren Cranford and Lonnie Owens with NCDOT were present during the inspection along with Mike
Lawyer,NCDEQ Land Resources.
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 STA225+00, Off-site loss approx.2,000 feet,
of the US UT to Pee Dee River Waste Site 5. impact estimated>10CY.
Sediment loss into wetlands Jurisdictional Wetland and STA 325+00, Unknown impact area,Right of
and Waters of the US UT to Pee Dee River Off-site Private Pond Entry is needed
Sediment loss into Waters STA353+00,
of the US Jurisdictional Wetland Wetland Impact Site 12 Unknown impact area
The sediment loss which occurred on 3/31/22 and reported on 4/4/22, at STA 225+00, near Waste
Site 5. The off-site property owner(B.V.Hendrick Gravel and Sand)who was affected by the sediment
loss has declined further assessment and/or remediation activities on their property. Text and/or
email correspondence with the off-site owner should be provided for documentation. Per the email
from 5/20/22,the off-site sediment loss was estimated >10 CY.
The sediment losses occurring on 6/17/22 and reported on 6/29/22, STA 325+00 (off-site private
pond). During the field visit performed on 7/12/22, a potential wetland area and potential stream

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feature were observed in the wooded area located upgradient from the off-site private pond
impacted by the sediment release. Varying depths of silt accumulation were observed throughout
the potential wetland area. Dewatering and sediment removal activities have been conducted at the
private pond, but the total off-site impacts have not been estimated. NCDOT stated that verbal
agreements for clean-up have been on-going with the owner but a relevant right of entry form has
not been finalized.
The sediment losses occurring on 6/17/22 and reported on 6/29/22,to Wetland Impact Site 12,STA
353+00. A wetland delineation should be performed or provided to evaluate the depth and extent of
sediment loss into Impact Site 12 and the jurisdictional features located further downgradient. On
July 11th 2022, a sediment loss occurred into Wetland Impact Site 12, but it was not reported.
Proposed wetland restoration activities should be provided for review and approval, along with
upgrades to E&SC control measures to prevent further impacts.
It should also be noted that during inspection of the NPDES records on 7/12/22, hard copies of the
reports conducted after 6/18/22 were not present in the office trailer log for review. Sediment
Losses reported on 3/31 and 4/4 listed as Urgent, did not have repair completion dates listed.
Sediment Losses reported on 6/17 as Urgent,had repair dates listed as 6/24.
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."

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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.
Additionally,it is noted that NCDWR has previously issued a Notice of Deficiency(NOD) on February
22, 2016,and a Notice of Violation (NOV) on October 15, 2021.
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
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 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]
3) 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)]
4) NCDOT shall comply with NPDES Permit NCS000250 issued to the NCDOT,including
the applicable requirements of General Permit for Construction Activities NCG10000.
Please note the extra protections for sensitive watersheds where applicable.

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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.
• Provide off-site property owner documentation for sediment loss occurring on
3/31/22,STA 225+00.
• Perform or provide a wetland delineation and impact assessment for sediment
release into off-site private pond,STA 325+00.
• Perform or provide a wetland delineation and impact assessment for sediment
release into Wetland Impact Site 12,STA 353+00.
• Efforts and measures to ensure the proper diligence with recording and updating of
the onsite NPDES records; including confirmation that items listed as "Urgent"are
properly addressed and updated promptly in the records as appropriate.
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, 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 (919-710-6516) or [e-mail] or myself at (919) 707-3871 or
[e-mail].
Sincerely,
c—DocuSi nedby:
80ECA32C7C38490_.
for Amy Chapman,Supervisor
Transportation Permitting Branch
Patrick Norman, PE, Division Engineer, NCDOT Division 8
James Lastinger,US Army Corps of Engineers, Raleigh Office
Monte Matthews,US Army Corps of Engineers,Raleigh Office
Phillip S. Harris, DOT Environmental Unit Head
Tim LaBounty, DEMLR, Fayetteville Regional Office
Joshua Young, DOT Roadside Environmental
Shelton Sullivan, DWR 401 and Buffer Permitting Branch