HOKE-2019-012_NOV Longwood Crossing_20190118

ROY COOPER
Governor
MICHAELS.REGAN
Secretary -
January 18, 2019-
- 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
RETURN RECEIPT REQUESTED
7012 3050'00019398 6229
Mohler Homes, Inc.
Attn: Lorraine Mohler, President
21.48 Rini Road
Fayetteville, NC 28314
RE: Project Name: Longwood Crossing Lots 16 & 33-45
Project ID: HOKE-2019-012
County: Hoke
Compliance Deadlines: 20 days from receipt for SPCA violations
20 days. from receipt by certified mail for
Construction Stormwater Permit NCG 010000
violations
Dear Ms. Mohler:
On January 15, 2019, personnel of this office inspected a project located on Rockfish Road,
Raeford, in Hoke. 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
a:D E
North Carolina Department of Environmental Quality l Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1225 Green5treet, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

Notice of Violations
Mohler Homes, Inc.
January 18, 2019
Page 2 of 6
Discharge Elimination System for Construction Activities (Construction Stormwater Permit
NCG 010000). The inspection revealed a land -disturbing activity of approximately 3.70
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).
The land disturbing activity has not been conducted in accordance with the approved
erosion and sedimentation control plan.
2. 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).
Sedimentation and erosion control measures sufficient to restrain erosion and retain
sediment within the boundaries of the tract have not been established.
3. Failure to take all reasonable measures to protect all public and private property from
damage by such land -disturbing activities. 15A NCAC 4B .0105.
Private property has been damaged as a result of failure to take all reasonable
measures.
4. 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 SPCA, and rules adopted thereunder, during or after the development of a site.
15 NCAC 4B ,0113.
Erosion and sedimentation control measures have not been installed and maintained.
The violations of the Construction Stormwater Permit NCG 010000 that were found
are:
1. Failure to implement the erosion and sedimentation control plan. The Permittee must
implement and follow the erosion and sedimentation control plan. The approved erosion
and sedimentation control plan is considered a condition of Construction Stormwater Permit
NCG 010000. NCG 010000 Section III. 3) (a)

Notice of Violations
Mohler Homes, Inc.
January 18, 2019
Page 3 of 6
The land disturbing activity has not been conducted in accordance with the approved
erosion and sedimentation control plan.
2. Failure to operate and maintain control measures, NCG 010000 Section IV, 1) The
permittee shall at all times properly operate and maintain all control measures and systems
of treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this general permit.
Erosion and sedimentation control measures have not been installed and maintained.
To correct these violations, you must:
1. Install all sedimentation and erosion control measures as shown on the approved plan,
including the following locations: Lots 16 and 35-45 - The construction entrances,
diversion berms and rock check dams with weirs.
2. Maintain all sedimentation and erosion control measures as specified in the approved
plan including the following: Lots 36-45 - The silt fence and Lot 39 - The construction
entrance.
3. Install silt fence between Lot 45 and Lot CAI.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Interim Director of the
Division of Energy, Mineral and Land Resources (Daniel Smith) 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 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
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 Interim Director of the Division of Energy, Mineral and Land Resources

Notice of Violations
Mohler Homes, Inc.
January 18, 2019
Page 4 of 6
(Daniel Smith) 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 (up to 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 20 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:
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 for the project.
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 duration and gravity of the violations will be considered in any civil
penalty assessment process that may occur.
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.

Notice of Violations
Mohler Homes, Inc.
January 18, 2019
Page 5 of 6
Should you have questions concerning this notice or the requirements of the SPCA and
Construction Stormwater Permit NCG 010000 please contact either Melissa Joyner or me at
your earliest convenience.
Sincerely,
Timothy L. LaEounty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
Resources for Technical Assistance - Erosion and Sedimentation Control
cc: Toby Vinson, PE, CPESC, CPM, Section Chief (via email)
Julie Coco, PE, CPESC, State Sedimentation Specialist (via email)
Annette Lucas, PE, State Stormwater Specialist (via email)
Alaina Moorman, Environmental Specialist I (via email)
Deborah Reese, Administrative Assistant (via email)
Fayetteville Regional Office Files (1 copy)

North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 [phone]
County: Hoke Project: Longwood Crossing Lots 16 & 33-45 River basin: Cape Fear
Person financially responsible: Mohler Homes, Inc. - Lorraine Mohler, President Project #: HOYE-2019-012
Address: 2148 Rim Road, Fayetteville, NC 28314
1. Project Location: Rockfish Road, McLauchlin
Pictures: Yes -Digital
2. Weather and soil conditions: Cloudy, workable
3. Is site currently under notice of violation? No
Initial inspection: No
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, G.S. 113A-57(5)
✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
✓ f. Failure to take all reasonable measures, 15A NCAC 4B .0105
✓ j. Failure to maintain erosion control measures, 15 NCAC 4B .0113
✓ t. Failure to operate and maintain control measures, NCG 010000 Sec. IV, 1
6. Is the site in compliance with the NPDES Permit? No
Describe: See Violation b above.
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Other Property
Description: Sediment is in the street and on adjacent, off -site Lot CAI.
Degree of damage: Slight
8. Contact made with (name): Larry Abbott Title: Field Operations Manager
Inspection report: Sent Report Date given/sent: January 18, 2019
9. Corrective action needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan.
2. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
3. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
10. Comments: 1. Lots (except Lots 16 and 39) are being developed without construction entrances, diversion
berms and rock check dams with weirs. Vehicles are accessing some of the Lots by driving
over the silt fence. Sediment is in the street.
2. Lot 16 - The construction entrance is not put in according to the approved specifications.
No silt fence is installed.; Lot 39 - The construction entrance needs maintenance.
2. The silt fence needs maintenance on the Lots 36-45.On Lot 43, the silt fence is not
trenched in.
3. No silt fence is installed between Lot 45 and off -site Lot CAI. Sediment is eroding onto
this Lot.
4. Lot 35 - No erosion control measures are installed and sediment is in the street.

North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 [phone]
5. All sediment in the street and on Lot CAI needs removal.
Reported by: Melissa Joyner
Date of inspection: January 15, 2019
cc: Larry Abbott (via email)
Others present:
Time arriving on site: 2:45 PM Time leaving site: 3:20 PM

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral WILLIAM E. (TOBY) VINSON, JR.
and Land Resources interim Director
ENVIRONMENTAL QUALITY
Resources for Technical Assistance - Erosion and Sedimentation Control
Erosion and Sedimentation Control Plan Requirements and Submittal Documents:
DEQ Erosion and Sedimentation Program Website: http://portal.ncdenr.ore/web lr erosion
On this page, you will find the following information:
• Sedimentation Pollution Control Act and Administrative Code (the Law and Rules)
• Information regarding any upcoming workshops or training events
• Manuals and Publications, including the Erosion and Sedimentation Pollution
Control Planning and Design Manual. A direct link to the design manual may be
found here:
http://Ilortal.ncdenr.org/web/lr/5M
• Downloads and Links, which provide several helpful design calculations
spreadsheets for various E&SC measures
• Forms needed for plan submittal, including the Financial Responsibility/Ownership
form (required) and the Plan Checklist for Designers, which lists all necessary items
for complete plan submittal
• Express Plan Review Options, and the corresponding forms
To Locate a Plan Desiener:
The level of design needed for your plan will depend on the specific project conditions. There is no
statutory requirement that erosion and sedimentation control plans be designed by a professional
engineer or any other licensed/certified person. However, persons with these licenses or
certifications are often qualified to prepare and submit adequate erosion and sedimentation control
plans.
The following are provided as references. Directories of licensed or certified individuals may be
found on these websites:
NC Board of Examiners for Engineers & Surveyors: http://www.ncbels.org/
NC Board of Licensed Soil Scientists httR//wwww.ncblss.org/
Certified Professionals in Erosion and Sediment Control: http://www.cpesc.org/
sc.org/
Ifyou have any other questions, or need additional information, please do not hesitate to contact
your NC DEQ regional office (see reverse side of this sheet). We appreciateyour cooperation in
resolving the violations noted during our inspection.
State of North Caroline I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury Street 11612 Mad Service Center I Raleigh, NC 27699-1612
910 707 9200

Land Quality Section Regional Office Contact Information
Asheville Regional Office
2090 US Highway 70
Swannanoa,NC 28778
[phone]
Regional Engineer: Stan Aiken, PE
Mooresville Regional Office
610 East Center Avenue
Mooresville, NC 28115
[phone]
Regional Engineer: Zahid Khan, CPESC, CPSWQ
Fayetteville Regional Office
225 Green Street (Systel Building), Suite
714
Fayetteville, NC 28301-5094
[phone]
Regional Engineer: Tim LaBounty, PE
Raleigh Regional Office
3800 Barrett Drive, Raleigh, NC 27609
Mail:1628 Mail Service Center
Raleigh, NC 27699
[phone]
Regional Engineer: Bill Denton, PE
Washington Regional Office Wilmington Regional Office
943 Washington Square Mall 127 Cardinal Drive Extension
Washington, NC 27889 Wilmington, NC 28405
[phone] [phone]
Regional Engineer: Samir Dumpor, PE Regional Engineer: Dan Sams, PE
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
[phone]
Regional Engineer: Matthew Gantt, PE