NOV U-5713

DocuSign Envelope ID: OCBE66C7-4D4D-4079-86F5-EE1B56544BFA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Jeremy Stroud, P.E.
Division Engineer
NCDOT, Division 2
2815 Rouse Road Extension
Kinston, NC 28504
NORTH CAROLINA
Environmental Quality
June 13, 2024
Subject: NOTICE OF VIOLATION
NOV-2024-PC-0386
Mr. Jay Boyd
Balfour Beatty Infrastructure, Inc.
P.O. Box 12267
Wilmington, NC 28405
North Carolina Department of Transportation
NCDWR Project No. 20201194
TIP U-5713/ R-5777A&B
Craven County
Dear Mr. Stroud and Mr. Boyd:
On June 4, 2024, Garcy Ward of the North Carolina Division of Water Resources (NCDWR) Washington
Regional Office conducted an on -site inspection of project TIP U-5713/R-5777A&B, US 70
Improvements in James City, in Craven County. In addition to NCDWR staff, Chris Rivenbark and Andy
Blakenship with NCDOT were also present during the inspection and their time and assistance is greatly
appreciated.
During the inspection it was noted that earthen material had been pushed into stream SJ at Site 18 near the
culvert 5 installation completely filling in approximately 20 feet of channel. Additionally, the silt fence
was completely covered by the material and had not been reestablished. Discussions with the North
Carolina Department of Transportation (NCDOT) and contractor staff revealed that the violation occurred
on May 31 or June 1 during an attempt to remove equipment that had overturned.
Observations of concern made during the inspection are summarized below:
Nature of the Observation
Feature
Location
Affected Area
Type/Name
(approximate)
Unauthorized fill in a
SJ — UT to Brice
jurisdictional stream
Creek
Site 18
20 linear feet
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: OCBE66C7-4D4D-4079-86F5-EE1B56544BFA
The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing streams:
• Removal of best usage:
The removal of the best usage in the UT to Brice Creek, which is jurisdictional waters of the State and
has a classification of C;Sw, NSW is a violation of Title 15A North Carolina Administrative Code
02B .0211 (2), which states:
"The conditions of waters shall be such that waters are suitable for all best uses specified in
this Rule. Sources of water pollution that preclude any of these uses on either a short-term or
long-term basis shall be deemed to violate a water quality standard;"
• 401 WQC conditions violation:
The NCDWR issued an approval letter for the project on January 15, 2021, NCDWR project number
20201194, Individual Certification number WQC004237. The approval letter specifies that the activities
must adhere to the conditions listed in the Water Quality Certifications. The observations of concern
made during the inspection represent a violation of the following conditions:
Condition(s) 19 and 21 of the approval letter regarding sediment and erosion control states the following:
19. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate
appropriate Best Management Practices for the control of sediment and erosion so that no violations
of state water quality standards, statutes, or rules occur. [15A NCAC 02H.0506{b)(3) and (c)(3)
and 15A NCAC 02B .0200j
21. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
And Condition 36 regarding reporting requirements:
36. 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)J.
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:
• Please explain how the violation occurred.
• Please explain why the violation was not reported to DWR within 24 hrs.
• List any actions necessary to remediate the violation and prevent it from happening again.
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: OCBE66C7-4D4D-4079-86F5-EE1B56544BFA
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 252-
948-3917or [e-mail] or myself at [phone] or [e-mail].
cc:
Sincerely,
DocuSigned by:
0UUU
Amy Chapma , 474...
Transportation Permitting Branch
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Stephen Lane, NC Division of Coastal Management
Chris Rivenbark. RK&K
Jay Johnson, NCDOT, Division 2 Environmental Officer
DEMLR, Washington Regional Office
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