SW7111109_COMPLIANCE_20091218 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYM M D D

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins, Dee Freeman
Governor Director Secretary
December 18, 2009
CERTIFIED MAIL #7008 1300 0001 0434 7150
RETURN RECEIPT REQUESTED
BRC New Bern, LLC
Mr. Christopher Dunbar
5826 Samet Drive, Suite 105
Subject: NOTICE OF VIOLATION
NOV-2009-PC-1006
Construction Stormwater Permit—NCGO10000
Craven County
Dear Mr. Dunbar:
The Division of Land Resources (DLR), Land Quality. Section has informed our office that you are in
violation of the Sedimentation Pollution Control Act for failure to follow your approved Erosion and
Sedimentation Control Plan. Our office would like to remind you that in conjunction with the Erosion and
Sedimentation Control Plan approval issued by DLR, you were issued a General Stormwater Permit
(NCGO10000) under the National Pollutant Discharge Elimination System (NPDES) in accordance with
Title 15A North Carolina Administrative Code 2H.0100. Adherence to the approved Erosion and
Sedimentation Control Plan is an enforceable component of the General Stormwater Permit. Therefore,
failure to follow your approved Erosion and Sedimentation Control Plan constitutes a concurrent violation
with the Division of Water Quality (DWQ).
The General Stormwater Permit not only requires that you follow the specifications of the approved Plan,
but also includes inspection and record keeping requirements for the project site.
The permit requirements are outlined in the enclosed addendum to assist you. A full copy of this permit
(NCGO10000) may be obtained on line at http://h2o.enr.state.nc.us/su/documents/NCGO1-Reissue-
2006 2008.pdf or at your request.
NCGO10000 Permit Condition Violations Requested Response
As listed above, the NCGO10000 stormwater permit requires inspection and record keeping requirements
for the project site. This Office requests that you respond to this letter in writing within 30 calendar days of
receipt of this letter to this office at the letterhead address. Your response should address the following
items:
1. Please detail the events that resulted in non-compliance with the above -mentioned NPDES
NCGO10000 permit conditions.
2. Please state when you anticipate being in full compliance with the Construction Stormwater Permit
and your Erosion and Sedimentation Control Plan.
North Carolina Division of Water Quality Internet. www.ncwatcroutdily.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarrolliina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Natu+lly

Page 2 of 2
BRC New Bern, LLC
The Reserve at Glenburnie
Craven County
3. Please provide information detailing your compliance with the minimum monitoring and reporting
requirements as requested above for each phase of the project. This information must include
monitoring records through to the date of your written response to this letter. Specifically, it is
requested that DWQ be provided a copy of all rain gauge data and weekly inspection/monitoring
reports related to your inspections of the approved erosion and sedimentation control facilities and
stormwater outfalls. Copies of all corresponding inspections subsequent to rain events greater than
0.5 inches are requested as well. Failure. to provide this information will constitute violations of the
subject NPDES NCGO10000 stormwater permit.
4. Finally, you should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.
Thank you for your assistance and cooperation during this inspection. Please be advised that violations
of the NPDES General Permit are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. If you have any questions, comments, or need assistance with understanding any
aspect of your permit, please do not hesitate to contact Amy Yount or myself at [phone].
Sincerely,
L
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: John Hennessy — NPS Assistance and Compliance Oversight Unit
WaRO Files
DLR-WaRO

Addendum
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
The General Stormwater Permit not only requires that you follow the specifications of the
approved Plan, but also includes inspection and record keeping requirements for the
project site.
The following permit requirements are outlined below to assist you. A full copy of this
permit (NCG010000) may be obtained on line at
http://h2o.enr.state.nc.us/su/documents/NCG01-Reissue-2006 2008.pdf or at your
request.
Part I Section A (2): Implementation of the Plan:
The Permittee shall implement the plan, which has been approved by the
approval authority. The approved plan is considered a requirement or condition
of this general permit. During active construction, a copy of the approved plan
and this permit shall be maintained on the site.
Part I Section C (2): Schedule of Compliance
During construction and until the completion of a construction or development
and the establishment of a permanent ground cover, the permittee shall provide
the operation and maintenance necessary to operate the stormwater control
measures at optimum efficiency.
Part II Section E (2): Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes
in the permitted facility or activity that may result in non-compliance with the
general permit requirements.
Part I Section B: Minimum Monitoring and Reporting Requirements
A rain gauge shall be maintained on the site. A record of the rainfall amounts
shall be kept by the permittee. All records shall be made available to DWQ or
authorized agent upon request.
All erosion and sedimentation control measures shall be inspected at least once
every seven calendar days and within 24 hours after any storm event of greater
than 0.5 inches of rain per 24 hour period.

1
For those sites discharging to waters of the State listed on the latest
EPA approved 303(d) list for construction related indicators of
impairment such as turbidity or sedimentation, all erosion and
sedimentation control measures shall be at least twice every seven
calendar days and within 24 hours after any storm event of greater than
0.5 inches of rain per 24 hour period. The latest approved list maybe
obtained from DWQ or online at:
http://h2o. enr. state. nc. us/su/construction303d.
Once land disturbance has begun on the site, stormwater runoff discharges shall
be inspected by observation for stormwater discharge characteristics at the
frequency defined above to evaluate the effectiveness of the pollution control
measures or practices in preventing or minimizing the discharge of pollutants
including retaining sediment onsite. If any visible sedimentation is leaving the
disturbed limits of the site or entering waters of the State, corrective action shall
be taken immediately.
The operator shall keep a record of inspections onsite and all records shall be
made available to DWQ or authorized agent upon request. The records should
summarize the details of each inspection including observations, and actions
taken in accordance with this permit. Visible sedimentation found outside of the
disturbed. limits shall be recorded and a brief explanation kept with the records as
to the measures taken to control future releases. Measures taken to clean up
the sediment that has left the disturbed limits shall also be recorded.
Part II Section D (3): Monitoring and Records
The permittee shall retain records of all monitoring information and copies of all
reports required by this general permit, for a period of at least 5 years from the
date of the sample, measurement, report or application
Discharge Monitoring Form
DWQ recommends using form found at the link listed below to record your
inspections. If you choose to create your own form, please ensure that all
pertinent information is included to avoid possible violations.
http://h2o.cnr.state.nc.us/su/documents/NCG0I Loesheet pdf

ANCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist
Land Quality Section
November 17, 2009
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7009 0080 0000 5654 8316
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
cBRC-New-Bem; LLC NOV 1 8 2009
SATIN: Mr-C-hristopher-D
5826=SamefDrive,-Suite I:OS 11 i+.it4
High-Point,—North-Carolina-27265
RE: Erosion and Sedimentation Control Plan No.: CRAVE-2008-024
Project Name: The Reserve at Glenburnie
Fox Chase Road- Craven County
River Basin: Neuse Last Approval Date: December 18, 2007
Dear Sir or Madam:
On November 16, 2009, personnel of this office inspected a project located on Fox Chase
Road in Craven County, North Carolina. This inspection was performed to determine compliance
with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed
a land -disturbing activity of approximately 18.1 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 Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If
you feel that you are not responsible for the following violations, please notify this office
immediately.
The violations found are:
a. Failure to conduct a land -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
b. 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
,N\Q;
U
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX: [phone]
Internet: http:/Avww.dlr.enr.state.nc.us/pagesAandqualitysecfion.html
An Equal Opportunity I Affirmative Action Employer - 50%Recycied/10%Post Consumer Paper

CERTIFIED MAIL
BRC New Bern, LLC
ATTN: Mr. Christopher Dunbar
November 17, 2009
Page 2
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).
C. Failure to take all reasonable measures to protect all public and private property from damage
by such land -disturbing activities. 15A NCAC 4B.0105.
d. Failure to retain along a lake or natural watercourse a buffer zone of sufficient width 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. I I3A-57(1).
e. 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. 15A NCAC 413.0113.
The inspection revealed that the approved erosion and sedimentation control plan has not
been properly implemented. Adequate and appropriate erosion and sedimentation control
measures have not been installed or maintained in critical areas throughout the site, which
has resulted in sediment entering adjacent property and a natural watercourse.
£ 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. I I3A-57(2).
The inspection revealed that graded slopes and fills throughout the site appear to have been
without groundcover sufficient to restrain erosion for a period longer than 21 calendar days
To correct these violations, you must, WITHIN 10 DAYS OF RECEIPT OF THIS NOTICE OF
VIOLATIONS:
In accordance with the approved plan properly install, reinstall, and/or maintain erosion and
sedimentation control measures and/or devices throughout the site sufficient to retain
sediment from entering a natural watercourse or other properties.
2. Provide a groundcover sufficient to restrain erosion on all exposed slopes/areas.
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.
The violations cited herein may be referred to the Director of the Division of Land Resources
(Director) for appropriate enforcement action, including civil penalty assessments for an initial one-

CERTIFIED MAIL
BRC New Bem,LLC
ATTN: Mr. Christopher Dunbar
November 17, 2009
Page 3
day violation and/or a continuing violation. The penalty for an initial one -day violation may be
assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not required to
provide a time period for compliance before assessing a penalty for the violations cited herein.
Please be advised that a civil penalty may be assessed for the violations regardless of whether the
violations are corrected within the specified time period.
In addition, if the violations cited herein are not corrected WITHIN 10 DAYS OF
RECEIPT OF THIS NOTICE OF VIOLATIONS this office may request that the Director 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, pursuant to NCGS 113A-
64(a)(1), and for each day of a continuing violation in an amount not to exceed $5,000.00 per day.
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 Act. 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 Act 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 Act.
Copies of the relevant statute and administrative rules may be examined at this office or will be sent
to you upon request. Should you have questions concerning this notice or the requirements of the
Act please contact either Allison Ward or me at your earliest convenience.
Sincere ,
Patrick H. McClain, PE
Regional Engineer
PHM:aw
Enclosures: Sedimentation Inspection Report
cc: Mr. Gray Hauser, PE, State Sedimentation Specialist
J. . Alton Hodge, Regional Water Quality Supervisor
Ms. Tere Barrett, Division of Coastal Management Regional Supervisor
LQ Files

Land Quality Section: 943 Washington Square Mall, Washington, NC 27889 [phone]
County:C>,7fNP_0 Project:'T fte Rom.-�,p�2VC L-C,Ai tiL) 1ZU►L River basin:
Person financially responsible: .- ?d— EML 3, Project q_ 'Z O O IR- -0—
Address: 5,iiuo srpmr t' A RtyL= , Su• FE I[) 5', 1tit r& Ntt,: k -(3. QC Z t-7 Z(tl e
1. Project location: -F4)!, �, f f %�"5r,,;r —4-641T- J , mY' 0-V?_%10 TdR '?SZ
Pictures: No: ❑ Yes: Prints: ❑ Slides: ❑ Video: ❑ Digit�
`alL
2. Weather and soil conditions: L�i(1T 1 f1� r h d (4n pA)!>�T'nitial inspection: Yes: ❑ No:�
3. Is site currently under notice of violation? Yes: ❑ N
4. Is the site in compliance with S.P.C.A. and rules? Yes: ElNo:N. If no, check violations below:
5. Violations:
❑ a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B.0107(c)
9J b. Failure to follow approved plan, G.S. 113A-57(5)
❑'c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 4B.0118(a)
❑ d. Failure to provide adequate groundcover, G.S. I I3A-57(3) and
�r�Il 15A N.C.A.C. 46.0107(b) or 15A N.C.A.C. 4B.0124(e)
taie. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
Zf. Failure to take all reasonable measures, 15A N.C.A.C. 4B.0105
g. Inadequate buffer zone, G.S. It 3A-57(1)
h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(d)
'>Q i. Unprotected exposed slopes, G.S. 113A-57(2)
Kj. Failure to maintain erosion control measures,
15A N.C.A.C. 4B.0113
❑ k. Other(describe)
6. Potential NPDRS Permit Violation? Yes No: ❑ Describe
7. Has sedimentation damage occurred since last inspection? Yes: K If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: ❑ Lake/natural watercourse off the t ace V Other property:
Description: metA�- in kyAe.cteur� rJQ�Im vl-�\A(A_ -L_ 4i .�
Degree of damage: slight: ML moderate : ❑ severe : ❑
8. Contact made with (name): t_i M ggt'Ne 0Y)i, Sl� Title:
Inspection report given: ❑ or sent: ❑ to person financially responsible. Date given/sent: tn(lr*- rYv 1/
9. Corrective actions needed:
Date of inspection:
p J j f (io( (7 Q1 Time arriving on site: %' „5 5 Time leaving site: ' 2: 3n
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