UNION-2016-138_NOV_20190319

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
March 19, 2019
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
yulil
ROY COOPER
Governor
MICHAEL S. REGAN
secremry
S. DANIEL SMITH
buenm Dimaor
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL 70161370 0000 25901965
RETURN RECEIPT REQUESTED MAR 2 5 2013
DENR•LAND QUALITY
MA Homes of Charlotte STORMWATER PERWf MG
Attention: Marry Davis, Land Entitlement Manager
5350 Seventy -Seven Center Drive, Suite 100
Charlotte, North Carolina 28217
RE: Project Name: Carringdon
Project ID: UNION-2016-138
County: Union
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. Davis:
On March 14, 2019, personnel of this office inspected a project located on Weddington
Matthews Road, Weddington in Union 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
State of North Carolina I Environmental Quality I Energy, Mineral and land Resources
Mooresville Regional Office 1 610 East Center Ave Ste 301 I Mooresville, NC 28115
704 663 1699 T

Notice of Violations
M/I Homes of Charlotte
March 19, 2019
Page 2 of 5
Permit NCG 010000). The inspection revealed a land -disturbing activity of approximately 80
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.
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.
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 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.
3. 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 the off -site sediment from the low spot on the easternmost portion of the site and
stabilize the area.

Notice of Violations
M/I Homes of Charlotte
March 19, 2019
Page 3 of 5
2. Repair erosion at the storm drain at the low spot on the easternmost portion of the site and
stabilize the area.
3. Regrade and stabilize rills and erosion on the front walls of the basins in Phase 3.
4. Remove sediment from the check dams in the diversion ditch in Phase 3.
5. Regrade and stabilize rills and erosion on the front wall of the easternmost basin in Phase 2.
6. Ensure skimmers are functioning properly and the basins are dewatering at the draw down
rate specified in the approved plan.
7. Repair erosion at the eastern entrance.
8. Remove sediment from silt fence where more than half full.
9. Stabilize the area where the westernmost basin in the western portion of the site was
removed.
10. Stabilize the areas where silt fence has been removed.
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.

Notice of Violations
M/I Homes of Charlotte
March 19, 2019
Page 4 of 5
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 February 1, 2019 to March
14, 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.
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

Notice of Violations
M/I Homes of Charlotte
March 19, 2019
Page 5 of 5
Stormwater Permit NCG 010000 please contact either Ms. Lily Kay or me at your earliest
convenience.
Sincerely,
; ts S. `L'
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
LCK/THE
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

Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone: [phone]
County: Union Project: Carringdon River basin: Catawba
Person/Company Financially Responsible: M/I Homes of Charlotte - Marty Davis, Land
Entitlement Manager
Project #: UNION-2016-138
Address: 5350 Seventy Seven Center Drive, Suite 100, Charlotte, NC 28217
1. Project location:
Pictures: No: r Yes: r Video: r Digital: r
2. Weather & soil conditions: 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:
r a No approved plan, G.S. 113A-57 (4) and 15A NCAC 4B.0107(c)
r b. Failure to follow approved plan, G.S. 113A-57(5)
r C. Failure to submit revised plan, G.S. 113A-54.l(b) and
15A NCAC 4B.0118(a)
r d. Failure to provide adequate groundcover, G.S. 113A-57(3);
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e)
r e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
r f. Failure to take all reasonable measures, 15A NCAC 4B.0105
r g. Inadequate buffer zone, G.S. 1 I3A-57(1)
r h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A NCAC 4B.0124(d)
i. Unprotected exposed slopes, G.S. 113A-57(2)
r j. Failure to maintain measures, 15A NCAC 4B.0113
r k. Failure to self -inspect G.S. 113A-54.1(e) and
15A NCAC 4B.0131
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.I
r n. Failure to provide ground stabilization, NCG 010000 Sec. II, B.2
r o. Failure to maintain rain gauge or record daily rainfall,
NCG 010000 Sec. II, B.3(a b)
r p. Failure to meet self -inspection and reporting requirements,
NCG 010000 Sec. II, B.3(c-i)
r q. Failure to dewater sediment basin from surface,
NCG 010000 Sec. II, BA
r r. Failure to have approved plan and NPDES
permit on site, NCG 010000 Sec. III, 3(d)
r s. Failure to install and maintain BMP's,
NCG 010000 Sec. III, 4
r t. Failure to operate and maintain control
measures, NCG 010000 Sec. IV, 1
r u. Bypass of storrnwater control facilities,
NCG 010000, See. IV, 3
r v. Other: Failure to implement and follow the approved
plan. NCG 010000 Section III.3(a)
7. Has sedimentation damage occurred: r since last inspection r at I' 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: l✓
Description:
See comments
-
Stormwater Discharge Outfall with sediment loss: (...Overtopped silt fence on east em portion of site.
Degree of damage: slight: r moderate: r severe : r
No one available on -site.
S. Contact made with: Title:
Date Inspection report sent to financially responsible party: I With NOV.
Report by: Lily Kay Others present: - - - - - -- -- -
3/14/2019 11.35 am 1:30 pm
Date of inspection: Time arriving on site: Time leaving site:
Revision Date 09092013 Page 1 of 2

Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone: [phone]
cc:
9. Corrective actions needed
1. Remove the off site sediment from the low spot on the easternmost portion of the site and
stabilize the area.
2. Repair erosion at the storm drain at the low spot on the easternmost portion of the site and
stabilize the area.
3. Regrade and stabilize rills and erosion on the front walls of the basins in Phase 3.
4: Remove sediment from the check dams in the diversion ditch in Phase 3.
5. Regrade and stabilize rills and erosion on the front wall of the easternmost basin in Phase 2.
6. Ensure skimmers are functioning properly and the basins are dewatering at the draw down rate
specified in the approved plan.
7. Repair erosion at the eastern entrance.
8. Remove sediment from silt fence where more than half full.
9. Stabilize the area where the westernmost basin in the western portion of the site was removed.
10. Stabilize the areas where silt fence has been removed.
10. Comments:
A 210 foot long by 2 foot wide and approximately 1-3 inches deep of sediment accumulation in the drainage
ditch and 150 foot long by 410 foot wide and approximately 3-6 inches deep of sediment accumulation in the
woods at the low spot on the easternmost portion of the site. The middle basin in Phase 2 was being filled in
at the time of inspection. Please give immediate attention to the above corrective actions.
R —w%IS ) Date 090Q20 t" Page 2 of 2