20111044 Ver 2_NOV-2017-OC-0006_20171108

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Environmenral
QUQIlty
November 8, 20 U
CEKTIFIF.D MAIL #700813000000112d2678
RETURN RECEIPT REOUESTED
Mr. David Rosenthal, Registered Agent
Roadmark Corporation
900 EasY C Street
Butner, NC 27509
Subject: NOTICE OF VIOL.4T[ON
NOV-2017-OC-0006
Roadmark Corporation
BIMS No. 201701621
TIP I-3819A
lredell County
Dear Mr. Rosenthal:
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
lnler'irn l)!rr[lur
On October 23, 201 �, Donna Hood of die North Carolina Uivision of Water Resources (NCDWR)
Mooresville Regional Ofiice was notified about an illicit discharge that was documented by NC DOT
employees during the third shift hours of project TIP I-3819A, I-77/1-40 interchan�e upgrades, in Iredell
County.
Observations of concern made during the
Na[ure of fhe Ohservatiun
mto a
are sununanzed below:
Fca[urc
Pourth Creck
Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff
revealed that the violation occurred as a result of contractor mismanagement of oil and paint that
discharged from the roadway painting equipment into the stormdrain and subsequently Pourth Creek. No
clean up was performed.
Ste[e o(North Carolina I Hm�ironmzn[al Quality
I F 17 Mad Sernce Canter � Ralo�eh. North Carolin� 27699-1617

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 Fourth Creek , 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."
Other waste/in-stream sediment:
The discharge of other wastes and/or sediment into Fourth 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."
Accordingly, you are directed to respond to this letter in writing within 30 calendar davs of receipt of
this notice.
Your response shall include the following:
• Training for employees concerning illicit discharges
• Equipment/materials provided to assist clean up from accidental discharges
• Standard Operating Procedure (SOP) development for spill response
Your response should be sent to this office:
NCDEQ, Division of Water Resources
Transportation Permitting Branch
c/o Ms. Amy Chapman
1617 MSC
Raleigh, NC 27699-1617
Please be advised that NCGS 143-215.6A provides for a civil penalty assessment of not more
than twenty-five thousand ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day
when the violation is of a continuing nature, against any person who is required but fails to apply
for or to secure a permit required by NCGS 143-215.1. Also be advised that pursuant to NCGS
143.215.88A, any person who intentionally or negligently discharges oil or other hazardous

substances, or knowingly causes or permits the dischazge of oil in violation of NCGS 143-
215.83(a), or who fails to report a dischazge as required by NCGS 143-215.85, or who fails to
comply with the clean-up requirements of NCGS 143-215.84(a), shall incur, in addition to any
other penalty provided by law, a penalty in an amount not to exceed five thousand dollazs
($5,000.00) for each violation. Penalties may also be assessed for any damage to the waters of
the State that may result from the unpermitted discharges. You will be advised of any
enforcement recommendation.
Your above-mentioned response ro 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 Donna Hood at
[phone] or [e-mail] or myself at [phone] or
Amy.Chapman@ncdencgov.
Sincerely,
��ti C���-�
, �
Amy Chapman, Supervisor
Transportation Permitting Branch
Electronic Copies Only:
Steve Kichefski, US Army Corps of Engineers, Asheville District Office
Trish Beam, NCDOT, Division 12 Environmental Officer
Mark Stafford PE, Division 12 Division Engineer
Larry Carpenter, Jr PE, Division 12 Division Conshvction Engineer
Mark Taylor, Division 12 Resident Engineer
Drew Johnson, Zachry Construction
Donna Hood, DWR Mooresville Regional Office
Shelton Sullivan, 401Buffer Permitting Branch
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