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HomeMy WebLinkAboutFORSY-2018-501_NOV Royal Homes of NC_20170830Environmental Quality ROY COOPER Governer MICHAEL S. REGAN Secretary TRACY E. DAVIS Director August 30, 2017 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT /:11►f7 GENERAL PERMIT - NCG 010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL 7015 0640 0005 8164 5624 Royal Homes of NC, LLC Attn: Bob Woodard P.O. Box 16168 High Point, NC 27261 RE: Project Name: 916 Beeson's Field Drive Project ID: FORSY-2018-501 County: Forsyth Compliance Deadlines: 14 days from receipt for SPCA violations Dear Mr. Woodard: On August 29, 2017, personnel of this office inspected a project located on Beeson's Field Drive, Kemersville, in Forsyth County, North Carolina. This inspection was performed to determine 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 Stonnwater Permit NCG 010000). The inspection revealed a land -disturbing activity of approximately less than one acre being conducted. Notice of Violations Mr. Bob Woodard August 30, 2017 Page 2 of 3 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. 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 take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 4B .0105. 2. 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. 113A-57(1) To correct the violations, the following must be completed: 1. Take immediate measures to prevent further sediment loss off the home site currently under development. Such steps will include, but are not limited to, repairing the damaged silt fence below the new house at 916 Beeson's Field Drive. Sediment has been lost off the project onto adjacent property and into a natural water course on adjacent property. 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 Director of the Division of Energy, Mineral and Land Resources (Director) 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 14 calendar days of receipt of this Notice, 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 of the SPCA, pursuant to NCGS I I3A-64(a)(1), and for each 'ot 1 M32f, o Notice of Violations Mr. Bob Woodard August 30, 2017 Page 3 of 3 day of a continuing violation of the SPCA 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 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. 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 SPCA and Construction Stormwater Permit NCG 010000 please contact me at your earliest convenience. Sincerely, C� Matthew E. Gantt, PE Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report cc: William E. Vinson, Jr., PE, CPESC, CPM, Chief of Program Operations (via email) Brad Cole, PE, Chief, Regional Operations (via email) Sherri Knight, PE, Division of Water Resources — WSRO (via email) 1 ?, 12,'Y'C I!:i Land Quality Section: 450 West Hanes Mill Road, Suite 300, Winston-Salem, 27105, Phone: 336-776-9800 COUNTY: Forsyth PROJECT: Forsvth -916 Beeson's Field Drive RIVER BASIN: YADKIN-PEE DEE PERSON FINANCIALLY RESPONSIBLE: , Royal Homes of NC, LLC PROJECT # FORSY-2018-501 ADDRESS: P.O. BOX 16168 HIGH POINT NC 27261 CASE # 1. PROJECT LOCATION: Beeson's Farm Ln. Kernersville NC Pictures: YES Video: Digital: X 2. Weather and Soil Conditions: 60'S, CLOUDY, SOIL WET First Inspection:NO 3. Is site currently under Notice of Violation? NO 4. Is the site in compliance with S.P.C.A. and rules? NO S. Violations: f. Failure to take all reasonable measures - 15A N.C.A.C. 4B.0105 6. Is the site in compliance with NPDES Permit NCG 010000?: NOT EVALUATED 7. Has Sedimentation Damage occurred since last inpections? YES Lake/natural watercourse on the tract: NO Lake/natural watercourse off the tract: YES Other Property: YES Description: BEYOND SILT FENCE AND ONTO ADJOINING PROPERTY AND AN ADJOINING NATURAL WATER COURSE Degree of Damage: 2) MODERATE Stormwater Discharge Outfall with high turbidity or sedimentation loss: 8. Contact Made with (name): NO ONE ON SITE Title: Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE 9. Corrective Actions Needed: Date Given/Sent: AUG 30, 2017 1. Immediately repair the damaged silt fence below lot # 916 on Beeson's Field Drive. The silt fence has been damaged by sedimentation leading to sediment loss below the home site. An adequate ground cover must also be provided on the slope behind 916 Beeson's Field Drive. 10. COMMENTS: Report By: Matthew E. Gantt, PE Others Present: Date of Inspection: AUG 29, 2017 Time Arriving on Site: 12:30 Time Leaving Site: 1:00 cc; BOB WOODARD (ROYALHOMESOFNC@GMAIL.COM) Revision Date 10/16/2015 Page 1 of 1