CABAR-2018-031_NOV_20190301

ROY COOPER
Govemor
l• MICHAEL S. REGAN
Sorry
S. DANIEL SMITH
Energy,Mineral' Imerun Dimaor
and Land Resources
ENVIRONMENTAL QUALITY
March 1,2019
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 70161370 0000 25919977
RETURN RECEIPT REQUESTED
Pendleton Bowman,LLC �F �Ar,
Attention: Mr. Robert B. Bowman, Manager RFd.. . ...9 :
13815 Cinnabar Place MAR 0 4 2013
Huntersville,North Carolina 28078
DENR-LAND QUALITY
RE: Project Name: Pendleton Subdivision—Phase 2 STORMWATER PERM l i ING
Project ID: CABAR-2018-031
County: Cabam3s
Compliance Deadlines: 15 days from receipt by certified mail for SPCA violations
15 days from receipt by certified mail for Construction
Stormwater Permit NCG 010000 violations
Dear Mr. Bowman:
On February 27, 2019, personnel of this office inspected a project located on Crestmont Drive
Southeast, Concord in Cabarms 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 Stormwater Permit
NCG 010000). The inspection revealed a land-disturbing activity of approximately 20 acres
being conducted.
State of North Carolina I Environmental Quality I Energy,Mineral and land Resources
Mooresville Regional Office 1 610 Fast Ccnter Ave Ste 30l I Mooresville,NC 28115
704 663 1699 T

Notice of Violations
Pendleton Bowman, LLC
March 1,2019
Page 2 of 5
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).
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).
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.
4. 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).
5. 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.
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)
2. Failure to meet self-inspection and reporting requirements. NCG 010000 Section II. B. 3)(f)
a. Twenty-four Hour Reporting for visible sediment deposition
i. The permittee shall report to the Division of Water Resources central
office or the appropriate regional office any visible sediment being
deposited in any stream or wetland or any noncompliance which may
endanger health or the environment. (See Section VIII of this permit for
contact information.) Any information shall be provided orally or
electronically within 24 hours from the time the permittee became aware
of the circumstances.

1
I
Notice of Violations
Pendleton Bowman,LLC
March 1,2019
Page 3 of 5
ii. A written submission shall be provided to the appropriate regional office
of the Division of Water Quality within 5 days of the time the permittee
becomes aware of the circumstances. The written submission shall contain
a description of the sediment deposition and actions taken to address the
cause of the deposition. The Division of Water Resources staff may waive
the requirement for a written report on a case-by-case basis.
3. Failure to install and maintain BMPs and control measures,NCG 010000 Section III. 4)
The permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the
requirements of this permit.
4. 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.
To correct these violations,you must:
1. Remove all offsite sediment that has been deposited beyond the limits of disturbance and re-
stabilize all affected areas. Contact the Mooresville Water Quality Regional Opertions
Section as soon as possible to report sedimentation in waters of the state as required by the
NPDES self-inspection and reporting requirements and for guidance regarding remediation
of the wetland and stream bank areas. .
2. Repair or replace the perimeter silt fence where undercut, overtopped, full, or damaged per
the approved plans.
3. Remove accumulated sediment and refresh the stone at the silt fence outlets where full,
clogged, or washed out.
4. Install all erosion control measures per the approved .plans including, but not limited to,
diversion ditches, check dams, rip rap aprons, stabilization, construction entrances, and any
additional measures necessary to prevent offsite sedimentation.
5. Remove accumulated sediment, restore storage capacity, and replace the baffles of all
sediment basins per the approved plans.
6. Remove accumulated sediment and refresh stone surrounding inlet protection where more
than half full per the approved plans.

1
Notice of Violations
Pendleton Bowman,LLC
March 1, 2019
Page 4 of 5
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 [S. 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 fifteen (15)
calendar days of receipt of this Notice, this office may request that the Interim 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 (S. 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 fifteen
(15) 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 fifteen(15)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 November 1,2018 to
February 27,2019.
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.

Notice of Violations
Pendleton Bowman, LLC
March 1, 2019
Page 5 of 5
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 violation(s)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. Should
you have questions concerning this notice or the requirements of the SPCA and Construction
Stormwater Permit NCG 010000 please contact either Ms. Holliday Keen or me at your earliest
convenience.
Sincerely,
L S �
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
HVK/THE/cys
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
Resources for Technical Assistance—Erosion and Sediment Control
c: State Sediment Specialist
Supervisor,Regional Water Quality Operations Section

IT
North Carotins Department of Environmental Quality
Land Quality Section: 610 East Center Avenue, Suite 301,Mooresville,North Carolina 28115,
Phone: [phone]
Project: Pendleton Subdivision-Phase 2 County: Cabarms River basin: Yadkin Pee-Dee
Project N: CABAR-2018-031
Person Financially Responsible: Pendleton Bowman LLC ATTN:Robert B.Bowman.Manager
Address: 13815 Cinnabar Place, Huntersville,North Carolina 28078
1. Project location: State Road 2643 (Crestmont Drive Southeast),Concord,North Carolina
Pictures: No: r Yes: r Video: r Digital: r
2. Weather& soil conditions: I Sunny;workable soils First inspection:Yes: r No: r
3. Is site currently under notice of violation? Yes: r No: r
4. Is the site in compliance with S.P.C.A. and rules? Yes: r No: r If no, check violations below:
5. Violations:
C a No approved plan,G.S. 113A-57(4)and 15A NCAC 4B.0107(c) r g. Inadequate buffer zone,G.S. 113A-57(1)
Fe- b. Failure to follow approved plan,G.S. 113A-57(5) r It. Graded slopes and fills too steep,
r c. Failure to submit revised plan,G.S. 113A-54.1(b)and G.S. 113A-57(2)or 15ANCAC 4B.0124(d)
15A NCAC 4B.0118(a) r i. Unprotected exposed slopes,G.S.113A-57(2)
r d. Failure to provide adequate groundcover,G.S. 113A-57(3); r j. Failure to maintain measures, 15A NCAC 4B.0113
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) r k. Failure to self-inspect G.S. 113A-54.1(e)and
r e. Insufficient measures to retain sediment on site,G.S. 113A-57(3) I5A NCAC 413.0131
r f Failure to take all reasonable measures, 15A NCAC 413.0105 r 1. Other describe)) - - -
6. Is the site in compliance with NPDES Permit NCG 010000? Yes: r No: r Not Applicable: r
If no, check violations below:
r m. Failure to manage construction site pollutants,NCG 010000 Sec.II,B.l r r.Failure to have approved plan and NPDES
r n. Failure to provide ground stabilization,NCG 010000 Sec.II,B.2 permit on site,NCO 010000 Sec.UI,3(d)'
r o. Failure to maintain rain gauge or record daily rainfall, r s. Failure to install and maintain BMP's,
NCO 010000 Sec.II,B.3(a b) NCG 010000 Sec.III,4
r p. Failure to meet self-inspection and reporting requirements, r t Failure to operate and maintain control
NCO 010000 Sec.II,B.3(c-i) measures,NCG 010000 Sec.IV, I
r q. Failure to dewater sediment basin from surface, r u.Bypass of stormwater control facilities,
NCG 010000 Sec.U,BA NCG 010000,Sec.IV,3
r v.Other:Failure to implement the approved E&SC plan,
NCG 010000 Section III.3)(a)
Has sedimentation damage occurred: r since last inspection r at 1"inspection? Yes: r No: r
If yes,where?(check all that apply):
Lake/natural watercourse on the tract: r Lake/natural watercourse off the tract: r Other property: r
Description: Offsite sediment noted in multiple areas beyond the approved limits of disturbance, including a wetland
area of about 100ft X 50ft,6-8 inches deep,an area of 20ftX50ft at 3-4 inches deep leading to the top of the stream
bank of Cold Water Creek,an area of 50ftX10ft at 4-6 inches deep,and an area of 30ftX10ft at 3 inches deep.
Stormwater Discharge Outfall with sediment loss: Various areas along the perimeter silt fence
Degree of damage: slight: r moderate : r severe : r
8. Contact made with:
No one available on site. Title: N/A
-
Date Inspection report sent to financially responsible party: I with Nov.
Holliday Keen N/A
Report by: Others present:
02/27/2019 3:15pm 4:00pm
Date of inspection: Time arriving on site: Time leaving site:
Revision Date 09092013 Page 1 of

North Carolina Department of Environmental Quality
Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville,North Carolina 28115,
Phone: [phone]
9. Corrective actions needed
• Remove all offsite sediment that has been deposited beyond the limits of disturbance and re-
stabilize all affected areas.Contact the Mooresville Water Quality Regional Operations Section
as soon as possible to report sedimentation in waters of the state as required by the NPDES
self-inspection and reporting requirements and for guidance regarding remediation of the
wetland and stream bank areas.
• Repair or replace the perimeter silt fence where undercut, overtopped, full, or damaged per
the approved plans.
• . Remove accumulated sediment and refresh the stone at the silt fence outlets where full,
clogged, or washed out.
• Install all erosion control measures per the approved plans including, but not limited to,
diversion ditches, check dams, rip rap aprons, stabilization, construction entrances, and any
additional measures necessary to prevent offsite sedimentation.
• Remove accumulated sediment,restore storage capacity,and replace the baffles of all sediment
basins per the approved plans.
• Remove accumulated sediment and refresh stone surrounding inlet protection where more
than half full per the approved plans.
• Report to the Water Quality Regional Operations Section and the Land Quality Section any
future sedimentation within the stream and/or buffers within 24 hours or one business day.
10. Comments:
It was noted during the inspection that a discrepancy in wetland size and location exists between the
E&SC plans originally approved on October 18,2017 and the revised plans approved on February 14,
2018. Please submit the wetland delineation approved by the Army Corps of Engineers for this project.
Please give the above items your immediate attention.
Revision Date 09092013 Page 2 of 2