20071134 Ver 7_NOV-2019-PC-0375 Response Signed_20190513

STATE
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
May 10, 2019
Ms. Amy Chapman
Transportation Permitting Unit, Supervisor
North Carolina Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC, 2 7699-1617
Subject: NCDOT Response to Notice of Violation (NOV-2019-PC-0375)
Project R-2519B, Highway 19 Improvements, Yancey County
Dear Ms. Chapman,
1ANIE S H. TROGDON, III
SFCRETARY
This letter is in response to the Division of Environmental Quality issuance of NOV-2019-PC-03 75
on May 7, 2019 on project TIP R-2519B, Highway 19 Improvements, in Yancey County. Below
are the responses to the specific items identified in the NOV.
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.
On May 11, 2019 Wright Brothers Construction Company, Inc completed the removal of the
placed waste and restoration of the impoundment in accordance with the attached restoration plan
developed by the contractor. This plan outlines the installation of a floating turbidity curtain
around the placed waste material and the subsequent removal of the waste material and restoration
to pre -project dimensions of the impoundment.
A plan, for the proper disposal of all removed waste material, along with all necessary plan
approvals from NCDOT.
The waste material removed from the site has been temporarily stockpiled on the project. The
waste material will be properly disposed of at The Quartz Corp, USA waste site located at Pine
Mountain Rd, Spruce Pine, NC 28777. Attached is the reclamation plan and approval letter from
the Resident Engineer dated April 17, 2017.
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.
On April 23, 2019 Wright Brothers Construction Company, Inc submitted a reclamation plan to the
Resident Engineer containing a mining permit number for the property owned by Boone -Woody
Mining Company, Inc.
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF TR.,kNSPORTATION Fax: [phone] ORANGE STREET
DIVISION THIRTEEN Customer Service: 1-877-368-4968 ASI-1E VILLE. NC 28801-2340
POST OFFICE BOX 3279
ASHEVILLE, NC 28802-3279 Website: www.ncdot.00v

On April 24, 2019 without the approval and prior knowledge of the NCDOT, the contractor began
hauling waste soils from the Highway 19 improvements project to the unapproved site.
On Apri 1 2 5, 2019 NCDOT inspection staff noticed contractor trucks hauling waste material from
the project were not proceeding to the approved waste site. After investigation it was determined
that the waste was being hauled to the unapproved waste site on the property owned by Boone -
Woody Mining Company, Inc. Wright Brothers Construction Company, Inc was immediately
informed by project staff to cease hauling to this site. The Resident Engineer's Office staff then
contacted Mr. Kevin Barnett of the North Carolina Division of Water Resources (NCDWR),
Asheville Regional Office, to determine the validity of the mining permit number that had been
submitted and informed him of the situation. Subsequently, an on -site inspection with Mr. Barnett
was made. He determined the site contains waters of the state.
In summary, the waste that was placed in violation of the issued Water Quality Certification was
placed without prior knowledge or approval by NCDOT staff. Once it was discovered that waste
from the project was hauled to an unapproved site, the appropriate action was taken to notify
NCDWR and direct the contractor to cease hauling to this site.
NCDOT Division 13 is committed to our working relationship with the regulatory community and
moving the project forward in compliance with the environmental permit conditions. We have and
will continue to impress upon the contractor the need to acquire the necessary approval of any
waste site that receives material from the project. We have also reviewed these requirements with
our staff in the Resident Engineer's office and impressed upon our inspection staff to continue to
be diligent in recognizing and reporting such activities to prevent the reoccurrence of these type
issues on R-2519B and future projects.
In closing, we feel Department staff followed the proper protocol and procedures in recognizing
and notifying NCDWR of the contractor's violation of the 401 Water Quality Certification, and no
action on our part contributed to this violation. Therefore, we respectfully request the NOV issued
to the Department be rescinded.
Please feel free to contact Randy McKinney, Division Construction Engineer or myself at 828-250-
3 000, if you have any questions or wish to discuss this in further detail.
Sincerely,
PC
Mark T. Gibbs, PE
Division Engineer
CC: Lori Beckwith, US Army Corps of Engineers, Asheville District Office
Tim Little, PE, NCDOT Chief Engineer
Louis Mitchell, PE, Western Deputy Chief Engineer
John Rouse, Jr., PE, Eastern Deputy Chief Engineer
Ron Hancock, PE, Deputy Chief Engineer
Patrick Norman, PE, Director of Highway Operations
Chris Peoples, PE, Director of Field Support
Lamar Sylvester, PE, Sate Construction Engineer
Brian Skeens, PE, Assistant State Construction Engineer
David Harris, PE, State Roadside Environmental Engineer

Ben DeWit, PE, Sate Roadside Environmental Field Operations Engineer
Jeremv Goodwin, PE, State Roadside EC and Roadside Management Engineer
Reid Whitehead, Roadside Environmental Field Operations Engineer
Randy McKinnev, PE, Division Construction Engineer
Roger Bryan, Division 13 Environmental Office
Chris Deyton, PE, Resident Engineer