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Home My WebLink About20071134 Ver 7_Notice of Violation (NOV)_20190509ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director P40RTH CAROLINA Environnienta[ Quality May 9, 2019 Mr. Mark T. Gibbs, PE, Division Engineer Highway Division 13 North Carolina Department of Transportation 55 Orange Street Asheville, North Carolina 28801 Mr. Tim Boone Boone -Woody Mining Company, Inc. Post Office Box 209 Micaville, North Carolina 28755 Subject: NOTICE OF VIOLATION NOV-2019-PC-0375 Mr. Stephen D. Wright Wright Brothers Construction Company, Inc. Post Office Box 437 Charleston, Tennessee 37310 North Carolina Department of Transportation NCDWR Project No.20071134 TIP R-2518A County: Yancey Dear Mr. Gibbs, Mr. Wright, and Mr. Boone: On April 25, 2019, Kevin Barnett of the North Carolina Division of Water Resources (NCDWR) Asheville Regional Office conducted an on -site inspection of project TIP R-2518A, Highway 19 Improvements, in Yancey County. In addition to NCDWR staff, employees of Calyx Engineers and Consultants, Wright Brothers Construction Company, Inc. and Boone -Woody Mining Company, Inc. were also present during the inspection and their time and assistance is greatly appreciated. Observations of concern made during the inspection are summarized below: It was observed that waste soils from the Highway 19 Improvements project were being hauled to property owned by Boone -Woody Mining Company, Inc. for disposal. It was further observed that the waste soils being trucked into the site were being placed on the rim of / into an existing impoundment. Upon investigating, it was determined by Staff of the NCDWR that the origin of the waters involved were a wetland seep, flowing to an intermittent channel, to an impoundment, flowing over an earthen road to a Q E North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 larger impoundment (where the unauthorized fill was occurring), to a culvert, out letting immediately above Highway 19. Discussions with the North Carolina Department of Transportation (NCDOT) and contractor staff revealed that the violation occurred as a result of a failure to ensure the proper permitting of the waste receiving site, along with a failure to determine if the receiving waters were, in fact, jurisdictional. The actions described above led to the violation(s) of the following North Carolina Administrative Code(s) governing 15A NCAC 02H .0501 and 15A NCAC 02B .0211(8): 401 WQC conditions violation: Our records indicate that the NCDOT submitted a Pre -Construction Notification (PCN) on November 9, 2009. The impacts were requested under U.S. Army Corps of Engineers Individual Permit, and the corresponding Individual Water Quality Certification Number 3706. The NCDWR issued an approval letter allowing the impacts on December 11, 2009, NCDWR project number 20071134. The approval letter specifies that the activities must adhere to the conditions listed in the Water Quality Certification, as well as additional conditions listed in the letter. The second paragraph of the Certification states: The application provides adequate assurance that the discharge of fill material into waters of the French Broad River Basin in conjunction with the proposed development activity will not result in a violation of applicable Water Quality Standards and discharge guidelines. Accordingly, you are directed to respond to this letter in writing, prior to close of business on May 13, 2019, of receipt of this notice. Your response shall include the following: • A plan to restore the pre -project dimensions of the larger impoundment (which received the Highway 19 waste soils) by the removal of the placed waste. • A plan for the proper disposal of all removed waste material, along will all necessary plan approvals from NCDOT. • An explanation as to why this waste was placed in violation of issued Water Quality Certification, along with an action plan to prevent such activities from happening in the future. Your response should be sent to this office: NCDEQ, Division of Water Resources c/o Ms. Amy Chapman 1617 MSC Raleigh, NC 27699-1617 j 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 Pursuant to G.S. 143-215.6A, this/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 Kevin Barnett at (828) 296-4657 or kevin.barnett@ncdenr.gov or myself at (919) 707-3871 or Amy.Chapman@ncdenr.gov. ine�rely Ai v hap anYSpervisor Transportation Permitting Branch Lori Beckwith, US Army Corps of Engineers, Asheville District Office Roger Bryan, NCDOT, Division 13 Environmental Officer DEMLR, Asheville Regional Office N QlI,f�,-DE North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 w....: _..-y - 919.707.9000 Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mallpiece, or on the front If space permits. Article Addressed to: Mr. Mark T. Gibbs, PE, Division Engineer Highway Division 13 NCDOT 55 Orange Street Asheville NC 2BB01 A. X ❑ Agent D. Is delivery address diReefit from Item 11 El Yea If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certifled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandis ❑ Insured Mail ❑ C.O.D. 4. RestrictedDelivery? Oft Fee) ❑ Yes 2. Article Number 7006 2150. 0005 7360 9809 (Dansfer from service label) - �S Form 3811. Fehruary 2004 Dor MUD Raton Reoslct 102595 2-M-1v UNITED STATES•:P,SiAk:ERYt�Er.. First -Class Mail I I I Postage & Fees Paid II I :t=- tax::• USPS Permit No. G-10 print your name, address, and ZIP+4 in this box Division of Water Resources Wetlands Branch Kristi Lynn Carpenter 1617 Mail Service Center Raleigh NC 27699-1617 ��I,Ilml�lnlrlhihlilhilllvtlimlll�Ilhl�ltlllPm��ll ■ Complete items 1, 2, and 3. Also complete A. Item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. e: ■ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: Mr. Tim Boone Boone - Woody Mining Company, Inc PO Box 209 Micaville, NC 28755 by ( If YES. ❑ Agent Name) I C. Date of Deliver s%ra from roam address below: JYM MAY 16 2019 ' 3. Service Type ❑ certified Mail ❑ ❑ Registered ❑ ReWm Recelpt for Merchendis 4. Restricted Delivery? (Extra Feel ❑ Yes 2. Article Number 7006 2150 0005 7360 9786 (Aansfer from sarwos Iebe1) oc r..— QA11 --- .., nnnn n,....e..a.. wn..n oe.-ai..+msocno.nnn W r ,. ;-t r- UNITED STATE906k '--- FIBt-CIeBs Mail ..,?� �, Postage 8 Feea Paid - Ferran No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box Division of Water Resources Wetlands Branch Kristi Lynn Carpenter 1617 Mail Service Center Raleigh NC 27f698"(617 Illlud111111ill�ulil�l il�'I��lli'111111111111lild11ilhllul ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ._----T--- Mr. Stephen D. Wright Wright,Brothers Construction Company, Inc PO Box 437 Charleston. TN 37310 (� ❑ Agent I� ❑ Addresse by d N e) C. Date of Del'v D. Is delivery address different fr5m item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express- ❑ Registered ❑ Return Receipt for Merchandis( ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7006 2150 0005 7360 9793 (Transfer from service label, _ 3R F:-- -qA1 1 1.1" oni c ..__ - . . UNITED STATES POSTAgVr.,: • Sender: Please print your name, address, and ZIP+4® in this box• Division of Water Resources Wetlands Branch Kristi Lynn Carpenter 1617 Mail Service Center Raleigh NC 27699-1617 A11-1)i11111f`iiill]111i11111)!111111j111!111pII11111JllliilIIli