20161221 Ver 1_Notice of Violation (NOV)_20180529

Carpenter,Kristi
From: Chapman, Amy
Sent: Tuesday, May 29, 2018 1:35 PM
To: Harris, Philip S; Willis, Thomas C; Mellor, Colin;
Cc:
Subject:
Attachments:
Importance:
Follow Up Flag:
Flag Status:
Please see attached.
Jennings, Jerry D; Hill, Michael R; Blankenship,
And rew
Ward, Garcy; Carpenter,Kristi;
[e-mail]; Dumpor, Samir
NOV for TIP R-5311A (Hertford County)
R5311A NOV.pdf
High
Follow up
Flagged

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Environmen tal
Quality
May 29, 2018
RETURN EMAIL RECEIPT REQUESTED
Mr. Philip S. Harris, III, P.E., CPM
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
Subject:
Dear Mr. Harris:
NOTICE OF VIOLATION
NO V-2018-PC-0186
North Carolina Department of Transportation
NCDWR Project No. 20161221
TIP R-5311A
Hertford County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
On May 17, 2018, Garcy Ward of the North Carolina Division of Water Resources (NCDWR) Washington Regional
Office and Kyle Barnes with the U.S. Army Corps of Engineers conducted an on-site inspection of the West Modlin
Road borrow site for the R-5311A project located off NC 11 near Ahoskie in Hertford County. Excessively turbid
water was noticed leaving the borrow site via a ditch and being discharged into Horse Swamp (C; NSW Waters of
the State). Discussions with NCDOT staff revealed that the pumps used to dewater the pit were allowed to run over
night and were turned off the following morning upon discovery of the excessive turbidity. Per Condition 16 of
Water Quality Certification No. 004109, NCDWR was to be notified of any violations within 24 hrs of discovery.
A follow-up visit was conducted on May 18, 2018. In addition to NCDWR staff, Andy Blankenship, Michael Hill,
Braxton Jernigan, and Paul Williams, all with NCDOT, were present during the inspection and their time and
assistance is greatly appreciated.
During the follow-up inspection, turbid water was still observed being discharged from the borrow site and into
Horse Swamp. Samples were collected and measured for turbidity using an HF Scientific DRT-15CE portable
turbidimeter. The sampling locations and results are listed below:
State of NoRh Carolina � Environmental Quality
1617 Mail Service Center � Raleigh, North Carolina 27649-1617

The actions described above led to the following violation(s):
• Turbidity:
The discharge of turbid water into the jurisdictional receiving waters of Horse Swamp creating turbidity in excess of
50 NTU is a violation of Title 15A North Carolina Administrative Code 02B .0211 (3)k which states:
"The turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes or reservoirs designated as trout
waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU."
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:
• List any actions necessary to remediate the violation and prevent it from happening again.
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, this violation 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 [phone] or [e-mail] or
myself at [phone] or [e-mail].
Sincerely,
Amy apman, 5u rvisor
Transportation Permitting Unit
Electronic copies only:
Jerry Jennings, NCDOT, Division 1
Michael Hill, NCDOT, Division 1
Andy Blankenship, NGDOT, Roadside Environmental
Clay Willis, NCI]OT, Di�is.ian l En�ironmental �ffieer
Kyle Barnes, US Army Carps of Engineers, Washingttan District Office
5amir Dumpar, DEMLR, Washingtan Regional Df�ce
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