NCS000504_Wake Co ESC NOV_20200408

7 07---
0 W__
WAKE
COUNTY
NORIiI CAROI_INA
Wake County Sediment and Erosion Control Section, Water Quality Division
336 Fayetteville Street - PO Box 550 - Raleigh, NC 27602
Phone: [phone]; Fax: [phone]
April 11, 2018
DELIVERED BY HAND TO FINANCIALLY RESPONSIBLE PARTY
J. Wayne Massengill
6600 Brookshire Dr.
Fuquay, NC 27526
Signature of FRP:
Re: Notice of Violation
PATRIOT BLUFFS SUBDIVISION, Permit S5827
Dear Mr. Massengill:
On 4/9/2018, a duly authorized representative of the Water Quality Division of the
Wake County Department of Environmental Services inspected the subject project/property
and determined that there are violations of the Wake County Unified Development Ordinance
(UDO) Article 10 and the Sedimentation Pollution Control Act of 1973, N.C. General Statute
113A-50 et seq. See the attached report.
VIOLATIONS:
The following actions are violations of Article 10 of the Wake County Unified Development
Ordinance (UDO) and subject to the related enforcement and penalty provisions:
1. Failure to follow approved plan:
• 10-40-2 to conduct a land -disturbing activity except in accordance with provisions of
an approved plan
Findings: Emergency spillway and temporary ditches to the Sediment Basin 1 and 2
was not installed as per the approved plan. Silt fences at the northern side of the project
have not been installed properly. Several outlet protections have not been installed as
shown in the approved plan. Site lacks adequate groundcover to restrain erosion.

Page 2 of 4
2. Failure to protect against off -site sedimentation:
• 10-40-3 to fail to protect against off -site sedimentation damage when conducting
any land -disturbing activity
• 10-40-4 to leave dirt, mud or other material on any travel way in a manner that is
determined to be a hazard to public safety or deemed detrimental to the waters of
the State.
Findings: Off -site sedimentation was observed from the silt fence outlet near the
Sediment Basin 2 and from the silt fence outlet near the Johnson Pond.
3. Failure to maintain erosion control measures:
10-23-1 During the development of a site, the person conducting the land -disturbing
activity must install, routinely inspect and maintain in good working order all
temporary and permanent erosion and sedimentation control measures as required
by the approved plan or any provision of this article, the North Carolina
Sedimentation Pollution Control Act, or any order adopted pursuant to the erosion
and sedimentation control regulations of this article or the North Carolina
Sedimentation Pollution Control Act.
• 10-23-3 Whenever the County determines that significant erosion and
sedimentation is occurring as a result of land -disturbing activity, despite application
and maintenance of protective practices, the person conducting the land -disturbing
activity will be required to and shall take additional protective action.
• 10-23-4 All streets, sidewalks, greenways or other travel ways must be kept free
from mud, dirt, dust or other material that may create a hazard to public safety or
cause the travel way to be unreasonably muddy, as determined by the County.
Findings: Silt fence and silt fence outlet near the Johnson Pond need maintenance.
Other sediment control measures including construction entrance, silt fence, sediment
basin, check dams and temporary ditches were not maintained.
4. Failure to provide adequate ground cover:
• 10-20-5(B)(5) All uncovered areas that result from land disturbing activities, and are
subject to continued and accelerated erosion, and are causing the movement of
sediment offsite from the tract, must be provided with a ground cover or other
protective measures, structures or devices sufficient to restrain accelerated erosion
and control off -site sedimentation.
• NCG01 NPDES Stormwater Discharge Permit for Construction Activities

Page 3 of 4
Findings: Basin slopes and other inactive areas needed ground cover with NPDES time
frame.
READ CAREFULLY:
To bring the project back into compliance, the following must be accomplished by April 19,
2018:
1) Slight off -site sediment was observed from the silt fence outlet near the
Sediment Basin 2. Remove off -site sedimentation. Remove accumulated
sediment from the outlet. Repair and maintain the silt fence outlet. Install rip -
rap outlet protection for the outlet pipe as shown in the approved plan (Sheet
C-23 and C-24). Stabilize the exterior slope of the Sediment Basin 2. Emergency
spillway was not installed as per the approved plan. Re -install the emergency
spillway as shown in the approved plan (C-23).
2) Slight off -site sedimentation was observed from the silt fence outlet near the
Johnson Pond. Remove off -site sedimentation and repair and maintain the silt
fence outlet. Remove accumulated sediment from the outlet. Silt fences near
this outlet was not installed properly. Re -install the silt fences at this portion.
Also, stabilize the area uphill of this outlet. This area is very critical. The area
needs to be stabilized immediately to prevent further sediment lose.
Deadline to stabilize this area - April 16, 2018.
3) Most of the temporary ditches to the Sediment Basin 2 are either removed or
backfilled. Re-establish all temporary ditches and stabilize them as mentioned
in the approved plan. Some erosion was noticed near the Sediment Basin 1 and
run-off and sediment was not directed to the Basin 1 as temporary ditches to
basin were not installed. Install all ditches to the Basin 1 as shown in the
approved plan.
4) Skimmer from the Sediment Basin 4 was removed. Re -install skimmer to the
basin. Maintain Skimmer Basin 3 and 4. Also, repair and maintain silt fence
outlets for the basin 3 and 4.
5) Construction entrance was filled with mud. Provide some fresh stone to the
construction entrance.
6) Rain -gauge was not provided on site. Please have a rain -gauge on site and
record precipitation data on NPDES records.
7) Stabilize all bare and inactive areas as per NPDES requirement.
Failure to bring the project into compliance within the time specified is subject to additional
civil and criminal penalties for a continuing violation under the UDO Article 10-41-2. Please be

Page 4 of 4
advised that any further land -disturbance or construction activity shall not take place until you
are compliant with these Articles.
Your prompt attention and cooperation in this matter is appreciated. Reference all attached
documents for additional information. If you have any questions, contact me at 919-819-8907
Sincerely,
►'1r1►J
1,VO�
1
Jeevan Neupane, P.E.
Environmental Consultant
cc:
Joseph Threadcraft, Ph.D., P. E., Director, Wake County Department of Environmental Services
Michael Orbon, P. E., Director, Water Quality Division
Melinda Clark, AICP, CFM, Watershed Manager, Water Quality Division
Julie Coco, P.E., CPESC, State Sediment Engineer, NCDEQ— Division of Energy, Mineral, and Land
Resources
Bill Denton, P.E., Regional Engineer, NCDEQ— Division of Energy, Mineral, and Land Resources
Attachments:
Wake County Inspection Report
"Resources for Technical Assistance — Erosion and Sedimentation Control"