CABAR-2019-013 and 067_NOV_20201201

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 1,2020
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
AND
GENERAL PERMIT-NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL 7017 2620 0000 6788 9410
RETURN RECEIPT REQUESTED
Shiloh Church 157, LLC
Attention: Loma Harris
9052 West Market Street#489
Colfax,North Carolina 27235
CERTIFIED MAIL 7017 2620 0000 6788 9427
RETURN RECEIPT REQUESTED
Jennifer N. Fountain,Registered Agent
804 Green Valley Road,Suite 200
Greensboro,North Carolina 27408
RE: RECEIVED
Project Name: Shiloh Church Road Single Family Subdivision DEC Q 8 2023
Project ID: CABAR-2019-013,CABAR-2019-067
County: Cabarrus DENR-LAND 01�;^a.I '
Compliance Deadlines: 20 days from receipt for SPCA violations
20 days from receipt by certified mail for Construction
Stormwater Permit NCG 010000 violations
Dear Madam:
On November 19,2020,personnel of this office inspected a project located on Shiloh Church Road,
Concord in Cabarrus County, North Carolina. This inspection was performed to determine
.y, North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
D_E Mooresville ReglonaLOfflce 1,610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28US

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Notice of Violations
Shiloh Church 157,LLC
December 1,2020
Page 2 of 8
compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and
General Permit-NCG 010000 to Discharge Stormwater Under The National Pollutant Discharge
Elimination System for Construction Activities-(Construction Stormwater Permit NCG 010000).
The inspection revealed*a land-disturbing activity of approximately 42 acres being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity.
The purpose of this letter is to inform you that this activity was found to be in violation of the
SPCA, G.S. 113A-50 to 66, Title 15A,North Carolina Administrative Code(NCAC), Chapter 4
and Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the
following violations,please notify this office immediately.
The violations of the SPCA that were found are:
1. Failure to conduct a land-disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
Failure to-repair and maintain measures per the approved plan.
2. Failure to file an acceptable, revised plan after being notified of the need to do so. G.S.
113A-54.1 (b)and 15A NCAC 4B .0118 (a).
Failure to submit revised plans for spring head stream impact and other deviations to the
approved plan.
3. Failure when a land disturbing activity that will disturb more than one acre is undertaken
on a tract,to provide a permanent ground cover sufficient to restrain erosion on such
exposed areas within 15 working days or 90 calendar days,whichever is shorter,after
completion of construction or development. G.S. 113A-57(3)and 15A NCAC 4B
.0107(b).
Failure to establish groundcover within the timeframe of the approved plan.
4. Failure when a land-disturbing activity that will disturb more than one acre is undertaken
on a tract, to install sedimentation and erosion control devices sufficient to retain the
sediment generated by the land-disturbing activity within the boundaries of the tract during
construction upon and development of the tract. G.S. 113A-57(3).
Failure to maintain measures to prevent sediment from depositing wetland/stream on tract
and other property.
5. Failure to take measures to protect all public and private property from sedimentation and
erosion damage caused by the land-disturbing activities. 15A NCAC 4B .0105.

Notice of Violations
Shiloh Church 157,LLC
December 1,2020
Page 3 of 8
Failure to maintain measures to prevent sediment from depositing wetland/stream on tract
and other property.
6. Failure to retain a buffer zone of sufficient width along a lake, trout water or natural
watercourse (25-foot minimum for trout waters) in which to confine visible siltation by
natural or artificial means within the 25 percent of that portion of the buffer zone nearest
the land-disturbing activity. G.S. 113A-57(1).
Failure to maintain measures to prevent sediment from depositing wetland/stream on tract
in the buffer.
7. Failure within 21 calendar days of completion of any phase of grading,to plant or
otherwise provide exposed graded slopes or fills with temporary or permanent ground
cover, devices,or structures sufficient to restrain erosion. G.S. 113A-57(2).
Failure to establish groundcover within the timeframe of the approved plan.
8. Failure to install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved plan or any provision of the Act, and rules
adopted thereunder,during or after the development of a site. 15 NCAC 4B .0113.
Failure to repair and maintain measures per the approved plan.
9. Failure to conduct or adequately document self-inspections. G.S. 113A-54.1(e)and 15A
NCAC 4B .0131
Failure to maintain rainfall data and self-inspection data onsite per the approved plan.
The violations of the Construction Stormwater Permit NCG 010000 that were found are:
1. Failure to develop or adhere to the erosion and sedimentation control plan. The approved
erosion and sedimentation control plan is considered a condition of Construction
Stormwater Permit NCG 010000,Part I
Failure to repair and maintain measures per the approved plan.
2. Failure to provide ground stabilization,NCG 010000 Part II, Section E
a. Soil stabilization shall be achieved on any area of a site where land-disturbing activities
have temporarily or permanently ceased according to the following schedule:
i, All perimeter dikes, swales, ditches,perimeter slopes and all slopes steeper than 3
horizontal to 1 vertical(3:1)shall be provided temporary or permanent stabilization

Notice of Violations
Shiloh Church 157,LLC
December 1,2020
Page 4of8
with ground cover as soon as practicable but-in any event within 7 calendar days
from the last land-disturbing activity.
ii. All other disturbed areas shall be provided temporary or permanent stabilization
with ground cover as soon as practicable but in any event within 14 calendar days
from the last land-disturbing activity.
b. Conditions-In meeting the stabilization requirements above,the following conditions
or exemptions shall apply:
i. Extensions of time may be approved by the Erosion&Sediment Control(E&SC)
plan authority based on weather or other site-specific conditions that make
compliance impracticable.
ii. Slopes equal to or less than 2:1 and 10 feet or less in length allow for ground cover
to be applied up to 14 days from the last land-disturbing activity.
iii. Slopes steeper than 4:1 and greater than 50 feet in length require ground cover
within 7 days of the last land-disturbing activity.
iv. •Portions of a site that are lower in elevation than adjacent discharge locations and
are not expected to discharge during construction may be exempt from the
temporary ground cover requirements if identified on the approved E&SC Plan or
added by the permitting authority.
Failure to establish groundcover within the timeframe of the approved plan.
3. Failure to meet self-inspection,reporting,and record-keeping requirements. NCG 010000
Part III
a. A rain gauge shall be maintained in good working order on the site.
b. A written record of the daily rainfall amounts shall be retained,and all records shall be
made available upon request.
c. Ground stabilization measures shall be inspected and documented after each phase of
the plan or grading.
d. Erosion and sedimentation control measures shall be inspected to ensure that they are
operating correctly. Inspections must also be documented. Inspection records must be
maintained for each inspection event and for each measure.At.a minimum,inspection
of measures must occur at the frequency indicated below:
i. All erosion and sedimentation control measures must be inspected by or under
the direction of the permittee at least once every seven calendar days,
ii. All erosion and sediment control measures must be inspected by or under the
direction of the permtttee within 24 hours after any storm event of greater than
1.0 inches of rain per 24-hour period. -

Notice of Violations
Shiloh Church 157,LLC
December 1,2020
Page 5 of 8
e. • Once land disturbance has begun on the site,stormwater runoff discharge outfalls shall
be inspected by observation for erosion,sedimentation and other stormwater discharge
characteristics such as clarity, floating solids, and oil sheens. Inspections of the
outfalls shall be made at least once every seven calendar days and within 24 hours
after any storm event of greater than 1.0 inches of rain per 24-hour period.
f. Permittees shall report occurrences of visible sedimentation deposition in a stream or
wetland. Permittees shall also report occurrences of oil spills,releases of hazardous
substances in excess of reportable quantities, bypasses of discharges, or non-
compliance with the conditions of this permit that may endanger health or the
environment.
g. An approved erosion and sedimentation control plan,the General Permit NCG010000,
the Certificate of Coverage,and records of inspections must be kept current,and either
onsite or readily available and accessible during normal business hours.
Failure to maintain rainfall data and self-inspection data onsite per the approved plan.
4. Failure to install and maintain BMPs and control measures,NCG 010000 Part II, Section
G.2-3 The permittee shall install and maintain all temporary and permanent E&SC
measures as required by this permit and the approved E&SC plan. If self-inspections
required by this permit identify a need for maintenance of control measures,modifications
or additions to control measures, or corrective actions to control sediment or other
pollutants, these actions shall be performed as soon as possible considering adverse
weather and site conditions.
Failure to repair and maintain measures per the approved plan.
To correct these violations,you must:
1. Submit a revised sedimentation and erosion control plan for approval for the following
diversions to the basins,spring head stream onsite,and large area to the southwest of sediment
basin#1.
2. Provide adequate permanent ground cover on all areas where development has been completed -
according to the time limits in the approved plan, including all diversion channels, all slopes,
all basins, and other inactive areas.
3. Install erosion and sediment control devices sufficient to retain sediment on the tract at the
Shiloh Church road culvert.
4. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan, all slopes and diversion channels.

Notice of Violations
Shiloh Church 157,LLC
December 1,2020
Page 6of8
5. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
6. Install and maintain adequate drop inlet protection as shown on the approved plan, including
the drop inlet along Shiloh Church Road.
7. Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation
within the 25%of the buffer nearer the land disturbance using natural or artificial means along
perennial stream to the west perimeter of the site and to the protected wetland/stream to the
southwest of the site.
8. Maintain all sedimentation and erosion control measures as specified in the approved plan and
as required to prevent sedimentation damage including all diversion channels, perimeter silt
fence,rock outlets,and slope drains to the basins.All basins need to be cleaned out and baffles
repaired.
9. Inspect all erosion and sedimentation control measures and storm discharge outfalls at least
weekly and within 24 hours of a rainfall event of 1.0 inch or greater and complete self-
monitoring reports.
10. Maintain a rain gauge in good working order and record daily rainfall amounts.
11.Remove all accumulated sediment from the stream buffer area using measures that do not cause
more damage to the area than what is there. The area need to be stabilized with Riparian seed
mix and natural mulching.
12.Remove all accumulated sediment from culvert pipe outlet across Shiloh Church Road using
measures that do'not cause more damage to the area than what is there. Written permission
needs to be acquired from land owners before work starts in this area. The area needs to be
matted and stabilized with vegetated groundcover.
13.Remove all accumulated sediment from the wetland/stream area located onsite in the southwest
corner of the site. Repairs in this area need to include using measures that do not cause more
damage to the area than what is there. The area need to be stabilized with Riparian seed mix
and natural mulching.
Please note that merely planting grass seed does not satisfy the requirements of"vegetative
cover" or of "ground cover sufficient to restrain erosion." These requirements are not
satisfied until an adequate cover of grass or other ground cover(such as properly applied
and secured, mulched seeding or appropriate rip-rap) is established which is, in fact,
sufficient to restrain accelerated or man-made erosion.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Division of Energy, Mineral and

S
Notice of Violations
Shiloh Church 157, LLC
December 1,2020
Page 7of8
Land Resources for appropriate enforcement action, including civil penalty assessments for an
initial one-day violation and/or a continuing violation. The penalty for an initial one-day violation
of the SPCA may be assessed in an amount not to exceed $5,000.00. The Division of Energy,
Mineral and Land Resources is not required to provide a time period-for compliance before
assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a
civil penalty may.be assessed for the initial day of violations of the SPCA regardless of whether
the violations are corrected within the time period set out below.
In addition,if the violations of the SPCA cited herein are not corrected within 20 calendar days of
receipt of this Notice,this office may request that the Division take appropriate legal action against
you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be
assessed from the date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1), and for
each day of a continuing violation of the SPCA in an amount not to exceed$5,000.00 per day.
Construction Stormwater Permit NCG 010000 Violations
The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred
to the Division of Energy, Mineral and Land Resources for appropriate enforcement action,
including civil penalty assessments for a continuing violation. This Notice serves as a letter of
proposed civil penalty assessment. You have 20 calendar days from receipt of this Notice by
certified mail to cease the violations listed above, and to submit in writing reasons why the civil
penalty should not be assessed.
Accordingly,you are directed to respond to this letter in writing within 5 calendar days of receipt
of this Notice by certified mail. Your response should be sent to this regional office at the
letterhead address and include the following:
1. The date by which the corrective actions listed above have been or will be completed.
2. Rainfall data and self-inspection or self-monitoring records from October 2, 2020 to
November 20,2020.
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.
5. Reasons why a civil penalty should not be assessed.
Pursuant to G.S. 143-215.6A, these violations and any future violations 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 length of time and gravity of the violation(s)will be considered in any civil penalty assessment
process that may occur.

Notice of Violations
Shiloh Church 157,LLC
December 1, 2020
Page 8 of 8
Please be advised that any new land-disturbing activity associated with this project should not
begin until the area presently disturbed is brought into compliance with the SPCA and
Construction Stormwater Permit NCG 010000. When corrective actions are complete,you should
notify this office so that work can be inspected. You should not assume that the project is in
compliance with the SPCA and Construction Stormwater Permit NCG 010000 until we have
notified you. After installation,all erosion control measures must be maintained in proper working
order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the
same time, it is your responsibility to understand and comply with the requirements of the SPCA
and Construction Stormwater Permit NCG 010000. The relevant statute and administrative rules
can be found at the Division's website at hM://deq.nc.Qov/E&SC. The permit can be found at the
Division's website at httn://deg.ne.gov/ncg0l. Should you have questions concerning this notice
or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact
either Mr. Kenny S. Llywelyn or me at your earliest convenience.
Sincerely,
Zahid S. Khan,CPM, CPESC,CPSWQ
Regional Engineer
Land Quality Section
KSL/CG/cys
Enclosures: Sedimentation Inspection Report
ec: State Sediment Specialist
Supervisor,Regional Water Quality Operations Section

Sedin-lentation/Construction Stormwatere • Report
North Carolina Department of Environmental Quality
Land Resources: 610 East Center Avenue, Suite 301,Mooresville,NC 28115 [phone]
County: Cabarrus Project: Shiloh Church Rd Single Family River basin: Yadkin-PeeDee
Person financially responsible:Shiloh Church 157,LLC-Loma Harris, Project#: CABAR-2019=013
Transaction Coordinator CABAR-2019-067
Address: 9052 W.Market St#489,Colfax,NC 27235
1. Project Location: Shiloh Church Road,Kannapolis
Pictures: Yes-Digital
2. Weather and soil conditions: Sunny,Workable Soils Initial inspection: No
3. Is site currently under notice of violation? Yes
4. Is the site in compliance with S.P.C.A.and rules? No If no,check violations below:
5. Violations:
✓ b.Failure to follow approved plan,GS. 113A-57(5),G.S. 113A-57(5)
✓ c.Failure to submit revised plan,GS. 113A-54.1(b)and 15A N.C.A.C.413.0118(a)
,GS. 113A-54.1(b)and 15A NCAC 4B .0118(a)or 15ANCAC 413 .0124(e)
✓ d.Failure to provide adequate groundcover,GS.113A-57(3)and 15AN.C.A.C.413.0107(b),G.S.
113A-57(3)and 15A NCAC 413.0107(b)
✓ e.Insufficient measures to retain sediment on site,GS.113A-57(3),GS. 113A-57(3)
✓ f.Failure to take measures to protect property,15A N.C.A.C.413.0105,15A NCAC 4B.0105
✓ g.Inadequate buffer zone,GS. 113A-57(1),GS. 113A-57(1)
✓ i.Unprotected exposed slopes,GS. 113A-57(2),GS. 113A-57(2)
✓ j.Failure to install and maintain measures, 15A N.C.A.C.413.0113, 15 NCAC 413.0113
✓ k.Failure to self-inspect GS. 113A-54.1(e)and 15AN.C.A.C.413.0131,GS. 113A-54.1(e)and 15A
N.C.A.C.4B.0131
✓ n.Failure to develop or adhere to approved plan,NCO 010000,Part I
✓ p.Failure to provide ground stabilization,NCG 010000 Part II,E
✓ q.Failure to meet self-inspection,reporting and record-keeping requirements,NCG 010000,Part III
✓ r.Failure to install and maintain BMP's,NCO 010000 Part 11,G2-3
6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements? No
Describe:Failure to maintain measure and self-inspection reporting requirements.
7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply)
✓ Lake/Natural watercourse on the tract
✓ Other Property
Description: Sediment deposit in culvert pipe offsite,in buffer area,wetland area,and stream onsite.
Degree of damage: Slight
8. Contact made with(name): Bernie Kilmer(by phone) Title: Project Manager
Inspection report: Sent Report Date given/sent: December 1,2020 with NOV letter
9. Corrective action needed:

'd Inspection Report
North Carolina Department of Environmental Quality
Land Resources: 610 East Center Avenue, Suite 301,Mooresville,NC 28115 [phone]
1. Submit a revised sedimentation and erosion control plan for approval for the following diversions
to the basins,spring head stream onsite,and large area to the southwest of sediment basin#1.
2. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan,including all diversion channels,all slopes,all
basins,and other inactive areas.
3. Install erosion and sediment control devices sufficient to retain sediment on the tract at the Shiloh
Church road culvert.
4. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan,all slopes and diversion channels.
5. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
6. Install and maintain adequate drop inlet protection as shown on the approved plan,including the
drop inlet along Shiloh Church Road.
7. Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation
within the 25%of the buffer nearer the land disturbance using natural or artificial means along
perennial stream to the west perimeter of the site and to the protected wetland/stream to the
southwest of the site.
8. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage including all diversion channels,perimeter silt fence,
rock outlets,and slope drains to the basins.All basins need to be cleaned out and baffles repaired.
9. Inspect all erosion and sedimentation control measures and storm discharge outfalls at least
weekly and within 24 hours of a rainfall event of 1.0 inch or greater and complete
self-monitoring reports.
10. Maintain a rain gauge in good working order and record daily rainfall amounts.
11. Remove all accumulated sediment from the stream buffer area using measures that do not cause
more damage to the area than what is there.The area need to be stabilized with Riparian seed mix
and natural mulching.
12. Remove all accumulated sediment from culvert pipe outlet across Shiloh Church Road using
measures that do not cause more damage to the area than what is there.Written permission needs
to be acquired from land owners before work starts in this area The area needs to be matted and
stabilized with vegetated groundcover.
13. Remove all accumulated sediment from the wetland/stream area located onsite in the southwest
comer of the site.Repairs in this area need to include using measures that do not cause more
damage to the area than what is there.The area need to be stabilized with Riparian seed mix and
natural mulching.
10. Comments: Site is active with grading and installing of storm sewer pipe. Corrective Actions from
original NOV report dated 07/07/2020 has not been addressed.A revised plan is needed to
show the impact spring head stream onsite.This plan needs to address areas where sediment
basins are removed and diversion to get sediment to the remaining basins.
Sediment has gone into the drop inlet along Shiloh Church Road.Sediment was observed
beyond the outlet pipe across the road.This sediment needs to be removed and additional
measures installed to prevent further impact to neighboring property.

Report
North Carolina Department of Environmental Quality
Land Resources: 610 East Center Avenue, Suite 301,Mooresville,NC 28115 [phone]
Sediment has impact a spring head stream onsite.measure need to be installed to protect the
stream.
Sediment has deposited beyond the limits of disturbance(LAD)to the west of the sediment
basin#1 onsite.Traces of the sediment was observed in the perennial stream.There is an area
of the stream bank near the outlet of the super basin that has recently given way and fell into
the creek.The amount of sediment observed in the buffer area was between.25 and.5 acres in
area and between 2"8"thick in areas.
There is another protected wetland/stream area to the southwest corner of the project.
Measures have not been maintained and sediment was observed deposited beyond the silt
fence in the protected area.
Diversion channels throughout the site were bare and not stabilized with groundcover.Large
rills have formed in some areas.Some of the diversions are filling in and not getting sediment
to the basins.
Sediment basins all have large scours around slope drains.They all have large deposits of
sediment that needs to be removed.All basins have bare slopes where rills are forms and
sediment is washing into the basin.All basins have damaged baffles that need repair.
Self-reporting box only had records to 10/02/2020.All rain records and self-inspection reports
were not up to date.
Reported by: Kenny Llywelyn Others present:
Date of inspection: November 19,2020 Time arriving on site: 10:15 AM Time leaving site: 11:45 AM
cc: