HB-0001 Violation Letter Divsion 1 July 2022-TEF Signed

DEPARTMENT OF THE ARMY
I WILMINGTON DISTRICT, CORPS OF ENGINEERS
r 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 11, 2022
Regulatory Division
Action ID No. SAW-2021-01091
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Dear Mr. Harris:
This is in regard to the Department of the Army (DA) Nationwide Permit #6, Survey
Activities, verified by the US Army Corps of Engineers (Corps) and issued to the North
Carolina Department of Transportation (NCDOT) on August 23, 2021. The survey
activities verified by the permit were necessary in advance of the formal evaluation of
the larger transportation improvement project, HB-0001, located on US 64 adjacent to
the Alligator River in Tyrrell and Dare Counties, North Carolina.
Reference is also made to a site visit conducted on July 12, 2022, by Mr. Kyle
Barnes of my staff and Mr. Robert C. Castello, III of NCDOT, Division 1. The purpose of
this site visit was to view areas previously reported as out -of -compliance with the
above -mentioned Nationwide Permit. During this visit, it was determined that heavy
equipment did not use mats or other measures to minimize soil disturbance within
jurisdictional wetlands. This is a direct violation of General Condition #11 of the permit -
Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance. Therefore, the Corps finds that
NCDOT is not in compliance with the terms and conditions of the subject DA
authorization and is in violation of Section 301 of the Clean Water Act (33 USC 1344).
A follow-up evaluation of the wetland by NCDOT staff found the violation to be
approximately 0.35-acres in size.
In an effort to resolve the non-compliance aspect of the permit, NCDOT must
propose either a restoration plan for the site or provide a compensatory mitigation plan
to replace the functional loss to wetlands. The resolution proposal must be submitted to
the Corps within 30 days of the date of this letter for review and comment.
Please note that your compliance with this directive does not foreclose the
Department of the Army's option to initiate additional appropriate legal action including
pursuing a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g)

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and 33 CFR Part 326.6 or referral to the United States Attorney or the United States
Environmental Protection Agency with a recommendation for civil action. Failure to
comply with this directive may result in permit suspension or revocation as described in
33 CFR part 325.7 (c) and (d), respectively.
If you have any questions regarding this correspondence, please contact Mr. Kyle
Barns at [phone] or kyle.w.barnes(�usace.army.mil.
FOR THE DISTRICT COMMANDER
r �r
Tommy E. Fennel
Chief, Regulatory Division
Wilmington District
Copies furnished:
Mr. Jason Dilday
1598 Mail Service Center
Raleigh, NC 27699-1598
Mr. Chris Rivenbark
1598 Mail Service Center
Raleigh, NC 27699-1598
Mr. Garcy Ward
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Amy Chapman
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611

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Mr. Molly Davis, Chief, Wetlands Enforcement Section
Water Protection Division, Clean Water Enforcement Branch
US Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303