20160577 Ver 1_Notice of Violation (NOV)_20170717

Environmenta!
QUQ�I t}�
July 17, 2017
CERTIFIF.D MAIL #70081300000011242647
RETL!RN RECF,IPT REpUESTED
Mr. Ed Green, P.E.
NCDOT Division 14
253 Webster Road
Sylva, NC 28779
Courier: 08 ?3-I S
Subject
Dear Mr. Green:
NOTICE OF VIOLATION
NOV-2017-PG0474
North Carolina Department of Transportation
NCDWR Project No. 2016-0577
State Project Number. 14SP.2045I.1
Henderson County
ROY COOPER
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MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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On June 16, 2017, June 22, 2017, June 29, 2017, July IQ 20U, July 11, 2017, July 12, 2017, July 13,
2017, July 14, 2017, and July 15, 2017, Kevin Barnett of the North Carolina Division of Water Resources
(NCDWR) Asheville Regional Office conducted on-site inspections of State Project Number
14SP.2045 ].l, bridge replacement with culvert, in Henderson County.
Observations of concern made during the i
tiature of the Observation
Sadiment dincharge to recei� ine stream
I'ailurc tn maintsin dn work area
am summarized below:
Feature Affecred :1rca
Tvne/Rame laooroximatel
�reatrr thun
Streum . .__... _
Discussions with the North Carolina Department of "i'ransportation (NCDOT) and con[ractor staff
revealed that the violation occurred as a result of over pressuring the silt bags onsite, and failure to
adequately control stream moving through area.
Slate of North Carolina � F.m�ironmen�al Quali[}'
Ifi17 Mail Service Center I Raleigh. North Carolina 27699-1617

There have been repeated silt bag failures at this site (2 reported), the bypass structure being breeched,
and multiple site visits to assist in addressing the situation (June 16, 2017, June 22, 2017, June 29, 2017,
July 10, 2017, July 11, 2017, July 12, 2017, July 13, 2017, July 14, 2017, and July 15, 2017). Not
maintaining pumps to keep the work area dry, not inspecting after each storm event, have resulted in this
project being in continual non-compliance.
The actions described above led to the violation(s) of the following North Carolina Administrative
Code(s) governing streams.:
FOR STREAM VIOLATIONS:
Removal of best usage:
The removal of the best usage in Greer Creek, which is jurisdictional waters of the State and has
a classification of B, is a violation of Title 15A loTorth 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."
Other waste/in-stream sediment:
The dischaxge of other wastes and/or sediment into Greer Creek, 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."
401 WQC condi�ions violation:
Our records indicate that the NCDOT submitted a Pre-Construction Notification (PCN) on June
8, 2016. The impacts were requested under U.S. Army Corps of Engineers Nationwide Permit(s)
14, and the corresponding General Water Quality Certifications. The NCDWR issued an
approval letter allowing the impacts on June 24, 2016, NCDWR project number 20160577.
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 7 of the approval letter states the following:
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual such as sandbags, rock berms, cofferdams and other diversion structures
shall be used to prevent excavation in flowing water. [15A NCAC 02H.0506(b)(3) and
(c)(3)]
• Condition 12 of the approval letter states the following:
The permittee and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal

law. If the NCDWR determines that such standazds or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or
that further conditions aze necessary to assure compliance, the NCDWR may reevaluate and
modify this certificatioa [15A NCAC 02B.0200]
• Condition 17 of the approval letter states the following:
The Perrnittee shall report any violations of this certification to the Division of Water Resources
within 24 hours of discovery. [ 15A NCAC 02B.0506(b)(2)]
Accordingly, you are directed to respond to this letter in writing wit6in 15 calendar davs of receipt of
this notice.
Your response shall include the following:
• How the Bypass shvctures will be maintained to ensure that the work area remains dry
for the remainder of construction.
• A detailed evaluation of all lost sediments, and how they will be removed from the
receiving waters, along with a time line for completing this activity.
Your response should be sent to this office:
NCDENR, Division of Water Resources
c/o Ms. Amy Chapman
1617 MSC
Raleigh, NC 27699-1617
Pursuant to G.S. 143-215.6A, t6ese violations and any future violallon(s) are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each viola6on. 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 regazding these matters, please contact Kevin Barnett at (828)
296-4657 or [e-mail] or myself at [phone] or [e-mail].
Sincerely,
�
Amy Chapman, S pervisor
Transportation Permitting Branch
Electronic Copies Only:
Lori Beckwith, US Army Corps of Engineers, Asheville District Office
David McHenry, NCDOT
Colin Mellor, NCDOT
File Copy