20110424 Ver 4_Notice of Violation (NOV)_20180412

Envii �nmen tal
Quality
A�ril 12, 2018
CERTIFIEU MAIL #7008 I300 0000 1124 2746
RETURN RECEIPT REOUCSTED
Mr. Brian [3urch, P.E., Division Engineer
North Carolina Department of Transportation
Hi�hwaY Division 14
253 Webster Road
Svlva. North Carolina, 28779
Subjecr. NOT[CF. OF V[OLATION
NOV-3018-PC-01?3
North Carolina Department of Transportation
NC D W R Proj ect No. 20 I I 042�1 V er 4
TIP R-4416
Clay County
Dear Mr. Birch and Watson:
ROY COOPER
�;��,���,,,,,,�
MICHAEL S. REGAN
��,,r�u�,
LINDA CULPEPPER
n��r, n„ nr,; � �,�,
On April 6, ?OI8, Kevin Barnett of the North Carolina Division of Water Resources (NCDWR) Asheville
Re�:ional Oftice conducted an on-site ins-pection of project TIP R-4416. US 64 — Climbing Lanes on
Chunky Gal Mountain, in Clay County. In addition to NCDWR staff, David McHenry was also present
during the inspection and their time and assistance is greatly apprecia[ed.
Observations of concern made durinz the
Nalurc of thc Olaena[ion
asures to prevent uncurcd concretc hom
into contact with surface waters
The uvenupping ol s�diir�ent and erosion cuntrol measures
to a I IUW w�ier
Pailure ro accwaily nuintain field lo,s on inspection which
Failure to complete stream relucalion resloration activities
within � rcasonablc anxnmt oftime.
are suminarized below:
Featurc
Ty�/Namc
S�ream
Sedimentand
rosion Contrc
Sedirtx.ntand
rosion Contr�
Stream
AtTccled Arca
Appro� 100
linear Icct
Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff
revealed that the violation occurred as a result of the following:
Statz ol Nonh Carolina I Environmcn[al Quah[y
IGi7 Mail Szrv'ice Czn[er I Reltlgh_ North Carolina 27h99-1617

1. Uncured concrete came into contact due to a form sagging and the downstream receiving water
not being separated from a possible discharge.
2. The onsite sediment and erosion control maintenance would occur that afternoon, even though
the inspection log indicated that no rain had fallen since the last inspection and that no
maintenance was needed onsite.
3. The onsite stream relocation has been in a temporary state (staked coir logs and an unapproved
matting material) since last fall. The contractor had been contacted by DOT and was told
repeatedly that the replacement of matting and placement of rock weirs would occur soon. No
action has been taken to close out this work. _
The actions described above led to. the violation(s) of the following North Carolina Administrative
Code(s) governing streams and sediment and erosion control:
Removal of best usage:
The removal of the best usage in an unnamed tributary to Thompson 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 an unnamed tributary to Thompson 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 conditions violation:
Our records indicate that the NCDOT submitted a Pre-Construction Notification (PCN) on July
3, 2017. 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 August 7, 2017, NCDWR project number 20110424 Ver.
4. 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(s) 2 of the approval letter states the following;
If conerete is used during construction, a dry work area shall be maintained to prevent
direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete shall not be discharged to surface waters due to the potential
for elevaYed pH and possible aquatic life and fish kills. [15A NCAC 02B.0200]
Accordingly, Watson Contracting, Inc.is directed to respond to this letter in writing, on or before close of
business on May 11, 2018.

Your response shall include the following:
All sediment and erosion control measures will be inspected within 24 hours of receipt of
this letter, and accurate notes regarding these inspections will be recorded in the
Sediment and Erosion Control log. All needed maintenance will be performed within 3
working days of the required inspection. Photo documentation of ineasures will be taken
as part of the inspection, and post maintenance, and be included in a repod to be included
in the required response and mailed to the address below of the conditions and actions
taken.
An explanation as to why the form structure for the flowable fill failed, and as to how this
will be prevented in the future.
The stream relocation final stabilization (the replacement ofthe inappropriate matting
and the placement of the stones necessary to maintain a stable channel) work shall be
implemented within I S days of receipt of this letter, with all work completed within 30
days of receipt of this lettec Photo documentation shall be included in the response
requested, along with an explanation as to why it has taken so long to complete this work.
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, t6is/t6ese violations and any tuture violation(s) are subject to a civil
penalty assessment of up to a m�imum of $25,000.00 per day for each violation. Your above-
mentioned response to this corcespondence, 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 Kevin Barnett at (828)
296-4657 or [e-mail] or myself at [phone] or [e-mail].
Sincerely,
�"
my Chapman, Sup�
Transpor[ation Permitting Branch
Electronic Copies Only:
Lori Beckwith, US Army Corps of Engineers, Wilmington District Office
David McHenry, NCDOT, Division 14 Environmental Officer
Reid Whitehead, Roadside Environmental Office
Kevin Watson, President Watson Contracting, Inc.
File Copy