20071134 Ver 7_RE_ NOV for TIP R2518A_20190509

Carpenter,Kristi
From:
Gibbs, Mark T
Sent:
Thursday, May 09, 2019 5:25 PM
To:
Chapman, Amy
Cc:
Barnett, Kevin; Carpenter,Kristi; Beckwith, Loretta A
SAW ([e-mail]); Bryan,
Roger D; Weaver, Derrick G; Matthews, Monte K SAW;
Moneyham, Nathaniel S; Deyton, Christopher S;
Mckinney, Randall J; Harris, David B
Subject:
RE: NOV for TIP R2518A
Attachments:
NOV R2518A.pdf
Dear Ms. Chapman,
Per your request, we will provide you with our written response by COB on Monday.
Thanks,
Mark T. Gibbs, P.E.
Division Engineer
Division 13
N.C. Department of Transportation
828 250 3000 office
828 251 6394 fax
mgibbs .ncdot.aov
55 Orange Street
P.O. Box 3279
Asheville, NC 28802
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Chapman, Amy <[e-mail]>
Sent: Thursday, May 9, 2019 1:23 PM
To: Gibbs, Mark T <[e-mail]>
Cc: Barnett, Kevin <[e-mail]>; Carpenter,Kristi
<[e-mail]>; Beckwith, Loretta A SAW
([e-mail]) <[e-mail]>; Bryan,
Roger D <[e-mail]>; Weaver, Derrick G <[e-mail]>; Matthews,
Monte K SAW <[e-mail]>
Subject: NOV for TIP R2518A
Please see attached. Hard copies will be mailed to Tim Boone and Stephen Wright.

Amy Chapman
Supervisor
Transportation Permitting Branch
Department of Environmental Quality
919-707-3871 office Please note my new phone number
amy.chapman(ZDncdenr.aov
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.

ROY 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 [e-mail] or myself at [phone] or [e-mail].
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