NOV 20211126

DocuSign Envelope ID: 47480DDE-4337-46EA-A3D8-D6355B573A5C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 26, 2022
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject: NOTICE OF VIOLATION
NOV-2022-PC-0389
North Carolina Department of Transportation
NCDWR Project No. 20211126
Tyrrell and Dare Counties
Dear Mr. Harris:
On June 28, 2022, Garcy Ward of the North Carolina Division of Water Resources (NCDWR)
Washington Regional Office conducted an on -site inspection of the geotechnical boring operation that is
being done in preparation for the Alligator River Bridge replacement project (HB-0001), in Tyrrell and
Dare Counties. In addition to NCDWR staff, Paul Williams with NCDOT was also present during the
inspection and his time and assistance is greatly appreciated.
A PCN requesting a Nationwide 6 permit and corresponding Water Quality Certification was received by
DWR on July 15, 2021. Temporary wetland impacts totaling 0.021 acres projected to occur from the
proposed borings were requested. In an e-mail dated August 6, 2021, DWR asked whether hand clearing
in wetlands would be needed for equipment access. However, no permanent impacts or additional hand
clearing impacts for equipment access was requested. Accordingly, DWR determined that the proposed
impacts fell below 1/10 ac and written approval would not be required and that the impacts were covered
under Water Quality Certification No. 4132.
At the time of the inspection, it was noted that a tracked `marsh buggy' vehicle was used to access the
boring locations. The vegetation throughout the corridor where the vehicle traveled was compromised
similar to what would result from a hand clearing operation. In the wetter areas, extreme rutting was
observed similar to what would result from a grubbing or mechanized clearing operation.
Observations of concern made during the inspection are summarized below:
Feature
Affected Area
Nature of the Observation
Location
7
Type/Name
(approximate)
Wetland impacts resembling hand clearing
Wetland
Tyrrell County
0.58 ac
Wetland ' acts resembling mechanized clearing
Wetland
Tyrrell County
0.35 ac
North Carolina Department of Environmental Quality I Division of Water Resources
Q E Q 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 47480DDE-4337-46EA-A3D8-D6355B573A5C
The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing wetlands:
Wetland Violations:
The unauthorized impacts to jurisdictional wetlands is a violation of Wetland Standards Title 15A
North Carolina Administrative Code 02B .0231 (c), 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;
(6) 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
(7) The population of wetland flora and fauna shall be maintained to protect biological integrity
as defined in Rule .0202 of this section.
Failure to secure a written 401 WQC:
The activities described above require a written 401 Water Quality Certification (WQC). By not securing
a 401 WQC prior to commencing impacts to jurisdictional waters activities are in violation of Title 15A
North Carolina Administrative Code 2H .0501, which states:
"These Rules outline the application and review procedures that require water quality
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as
described in 33 CFR Part 323."
A subsequent review of the NCDWR files has confirmed that a written 401 WQC has not been issued.
401 WQC conditions violation:
Our records indicate that the NCDOT submitted a Pre -Construction Notification (PCN) on July 15, 2021.
The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit 6, and the
corresponding General Water Quality Certification No. 4132 (NCDWR project number 20211126).
Impacts to wetlands from the boring activities have exceeded the threshold requiring written approval.
This constitutes a violation of Condition 2 of General Certification 4132 which states the following:
No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the
thresholds established for use of this Certification without written authorization. [15A NCAC 02H.0501
and .0502]
As a result of the above violations, NCDOT shall submit an after -the -fact permit application requesting
the noted impacts. The application shall include any proposed restoration or mitigation.
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
919.707.9000

DocuSign Envelope ID: 47480DDE-4337-46EA-A3D8-D6355B573A5C
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:
• What led to the observed wetland violations
• List any actions necessary to remediate the violation and prevent it from happening again.
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, these violations 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 Garcy Ward at
[phone] or [e-mail] or myself at [phone] or [e-mail].
Sincerely,
DocuSigned by:
E
� yt� C*.Ap"
9C9866312DCD474...
Amy Chapman, Supervisor
Transportation Permitting Branch
Kyle Barnes, US Army Corps of Engineers, Washington Field Office
Chris Rivenbark, NCDOT
Paul Williams, NCDOT, Division 1 Environmental
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
919.707.9000