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Home My WebLink AboutHOKE-2019-013_NOV Perry Residence_20190628ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 28, 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 RECEIVED IN PERSON RECEIPT REQUESTED South Eastern General Contracting, Inc. Attn: Diana NV Lockear, VP 3059 N. Main Street, Suite 16 Hope Mills, NC 28348 RE: Project Name: Perry Residence Project ID: HOKE-2019-013 County: Hoke Compliance Deadlines: Dear Ms. Locklear: 20 days from receipt for SPCA violations 20 days from receipt by certified mail for Construction Stormwater Permit NCG 010000 violations On June 21, 2019, personnel of this office inspected a project located on Filly Lane, 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 Discharge Elimination System for Construction Activities (Construction Stormwater Permit NCG 010000). The inspection revealed a land -disturbing activity of approximately 2.0 acres being conducted. ODE � ao.mmam ema�reiw.i� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 910 433.3300 Notice of Violations South Eastern General Contracting, Inc. June 28, 2019 Page 2 of 7 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 and erosion control plan. 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to provide a permanent ground cover sufficient to restrain erosion on such exposed areas within 15 working days or 90 calendar days, whichever is shorter, after completion of construction or development. G.S. 113A-57(3) and 15A NCAC 413.0107(b). Ground cover sufficient to restrain erosion has not been established. 3. 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 devices have not been installed sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract. 4. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 413.0105. Public and private property has been damaged as the result of failing to take reasonable preventive measures. 5. 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(l). A buffer zone of sufficient width to confine siltation by natural or artificial means within the twenty-five (25) percent of that portion of the buffer zone nearest the land -disturbing activity has not been established. Notice of Violations South Eastern General Contracting, Inc. June 28, 2019 Page 3 of 7 6. Failure to maintain on graded slopes and fills, an angle which can be retained by vegetative cover or other adequate erosion control devices or structures. G.S. 113A-57(2) and (if in HQW Zone) 15 NCAC 413.0124(d). Graded slopes and fills are at an angle which cannot be retained by vegetated cover, erosion control devices or structures. 7. 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 land -disturbing activity has not been conducted in accordance with the approved erosion and sedimentation control plan. 8. Failure to conduct or adequately document self -inspections. G.S. 113A- 54.1(e) and 15A NCAC 413.0131. Self -inspections have not been conducted or adequately documented. The violations of the Construction Stormwater Permit NCG 010000 that were found are: 1. Failure to develop and adhere to 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 Part I The land -disturbing activity has not been conducted in accordance with the approved erosion and sedimentation control plan. 2. Failure to provide ground stabilization, NCG 010000 Part II, Section E a. Soil stabilization shall be achieved on any area of a site where land - disturbing activities have temporarily or permanently ceased according to the following schedule: i. All perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than 3 horizontal to 1 vertical (3:1) shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within 7 calendar days from the last land -disturbing activity. ii. All other disturbed areas shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within 14 calendar days from the last land -disturbing activity. Notice of Violations South Eastern General Contracting, Inc. June 28, 2019 Page 4 of 7 b. Conditions - In meeting the stabilization requirements above, the following conditions or exemptions shall apply: i. Extensions of time may be approved by the Erosion & Sediment Control (E&SC) plan authority based on weather or other site - specific conditions that make compliance impracticable. ii. Slopes equal to or less than 2:1 and 10 ft. or less in length allow for ground cover to be applied up to 14 days from the last land - disturbing activity. iii. Slopes steeper than 4:1 and greater than 50 ft. in length require ground cover within 7 days of the last land -disturbing activity. Groundcover sufficient to restrain erosion has not been established. Failure to meet self -inspection, reporting, and record -keeping requirements. NCG 010000 Part III a. A written record of the daily rainfall amounts shall be retained, and all records shall be made available upon request. b. Ground stabilization measures shall be inspected and documented after each phase of the plan or grading. c. Erosion and sedimentation control measures shall be inspected to ensure that they are operating correctly. Inspections must also be documented. Inspection records must be maintained for each inspection event and for each measure. At a minimum, inspection of measures must occur at the frequency indicated below: i. All erosion and sedimentation control measures must be inspected by or under the direction of the permittee at least once every seven calendar days, ii. All erosion and sediment control measures must be inspected by or under the direction of the permittee within 24 hours after any storm event of greater than 1.0 inches of rain per 24-hour period. d. Once land disturbance has begun on the site, stormwater runoff discharge outfalls shall be inspected by observation for erosion, sedimentation and other stormwater discharge characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls shall be made at least once every seven calendar days and within 24 hours after any storm event of greater than 1.0 inches of rain per 24- hour period. e. Permittees shall report occurrences of visible sedimentation deposition in a stream or wetland. Permittees shall also report Notice of Violations South Eastern General Contracting, Inc. June 28, 2019 Page 5 of 7 occurrences of oil spills, releases of hazardous substances in excess of reportable quantities, bypasses of discharges, or non-compliance with the conditions of this permit that may endanger health or the environment. f An approved erosion and sedimentation control plan, NPDES Permit, NCGO10000 and records of inspections made during the previous 12 months must be kept on site and available for review. Erosion and sedimentation control measures are not being inspected and inspection records are not being maintained. 4. Failure to have approved plan and NPDES Permit on site and available for review, NCG 010000 Part III, B.1-2. Copies of the approved erosion and sedimentation control plan, NPDES permit, and self -inspection forms were not maintained on site. 5. Failure to install and maintain BMPs and control measures, NCG 010000 Part II, Section G.2-3 The permittee shall install and maintain all temporary and permanent E&SC measures as required by this permit and the approved E&SC plan. If self - inspections required by this permit identify a need for maintenance of control measures, modifications or additions to control measures, or corrective actions to control sediment or other pollutants, these actions shall be performed as soon as possible considering adverse weather and site conditions. Erosion control measures have not been installed and maintained. To correct these violations, you must: I. Install permanent ground cover on all bare slopes. 2. Contact a professional Wetland Specialist for guidance in regards to the possible removal of the sediment from the lake, stream and wetlands. 3. Provide maintenance for the silt fence, silt fence outlet and diversion ditch upslope of the lake and stream. 4. Install appropriate protective/stabilization measures upslope of the stream. 5. Conduct and document self -inspections. 6. Maintain a copy of the approved erosion and sedimentation control plan, NPDES permit and self -inspection forms on the site. 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 Notice of Violations South Eastern General Contracting, Inc. June 28, 2019 Page 6 of 7 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, 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 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 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 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: 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 May 24, 2019 to June 21, 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 South Eastern General Contracting, Inc. June 28, 2019 Page 7 of 7 Pursuant to G.S. 143-215.6A, these violations and any fixture 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. 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. LaBounty, PE Regional Engineer DEMLR TLL/maj Enclosures: Sedimentation Inspection Report Construction Stormwater Permit NCG 010000 Erosion and Sediment Control Technical Assistance Resources cc: Toby Vinson, PE, CPESC, CPM, Chief of Program Operations (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) Trent Allen, Regional Supervisor, Division of Water Resources (via email) Deborah Reese, Administrative Assistant (via email) Suzanne McCoy, Administrative Assistant (via email) DEMLR Regional Office File Sediiiieiitatioii/CoiistrLICtIOlI Stormwater Inspection Report North Carolina Department of Environment and Natural Resources Land Quality Section: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 (910) 433-3300 County: Hoke Project: Perry Residence Person financially responsible: South Eastern General Contractors - Diana Nv Locklear, VP Address: 3059 N. Main Street, Suite 16, Hope Mills, NC 28348 1. Project Location: Filly Lane, Raeford Pictures: Yes - Digital 2. Weather and soil conditions: Dry, workable soils 3. Is site currently under notice of violation? No 4. Is the site in compliance with S.P.C.A. and rules? No 5. Violations: River basin: Cape Fear Project#: HOKE-2019-013 Initial inspection: No If no, check violations below: ✓ b. Failure to follow approved plan, GS. 113A-57(5) ✓ d. Failure to provide adequate groundcover, GS. 113A-57(3) and 15ANCAC 413 .0107(b) ✓ e. Insufficient measures to retain sediment on site, GS. 113A-57(3) ✓ f. Failure to take all reasonable measures, 15A NCAC 4B .0105 ✓ g. Inadequate buffer zone, GS. 113A-57(1) ✓ h. Graded slopes and fills too steep, GS. 113A-57(2) or 15 NCAC 413 .0124(d) ✓ j. Failure to install and maintain erosion control measures, 15 NCAC 4B .0113 ✓ k. Failure to self -inspect, GS. 113A-54.1(e) and 15AN.C.A.C. 413.0131 ✓ n. Failure to provide ground stabilization, NCG 010000 Part II, E ✓ p. Failure to meet self -inspection and reporting requirements, NCG 010000 Part III ✓ r. Failure to have approved plan and NPDES permit on site, NCG 010000 Part III, B.1-2 ✓ s. Failure to install and maintain BMP's, NCG 010000 Part. II, G2-3 ✓ t. Failure to develop and adhere to approved plan, NCG 010000 Part I 6. Is the site in compliance with the NPDES Permit? No Describe: Failure to follow the approved plan. 7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply) ✓ Lake/Natural watercourse off the tract ✓ Lake/Natural watercourse on the tract Description: Sediment is entering the on -site and off -site natural watercourses. Degree of damage: Moderate 8. Contact made with (name): No one Title: Inspection report: Sent Report Date given/sent: June 28, 2019 9. Corrective action needed: 1. Provide adequate permanent ground cover on all areas where development has been completed. 2. Install erosion and sediment control devices sufficient to retain sediment on the tract. 3. Take all reasonable measures to prevent sedimentation damage to adjacent properties. -Sediii-ieiitatioii/COIIStl'LlCtiOlI Stormwater Inspection Report North Carolina Department of Environment and Natural Resources Land Quality Section: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 (910) 433-3300 4. Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation within the 25 % of the buffer nearer the land disturbance using natural or artificial means. 5. Repair and stabilize all bare and eroding slopes. 6. Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage. 7. Provide adequate temporary or permanent ground cover on areas where land -disturbing activity has ceased in 7 or 14 days according to NCG 010000 permit conditions. 8. Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours of a rainfall event of 1.0 inch or greater and complete self -monitoring reports. 9. Provide a copy of the approved sedimentation and erosion control plan and NPDES permit on site. 10. Comments: 1. Sediment from bare, eroding slopes is overtopping the silt fence on the back of the Lot and also leaving the limits of disturbance through a breach of the silt fence outlet. The sediment is still in the wetlands and lake since the previous inspection and additional sediment has caused further impacts. 2. On the front of the Lot, sediment is high near the top of the silt fence. It is also entering the stream between a gap in the silt fence and the concrete bridge. 3. It is recommended that an evaluation be done by a professional Wetland Specialist in regards to addressing the sediment which has entered the lake, stream and wetlands. 4. Sediment is also in a diversion ditch, adjacent to Filly Lane, which needs to be removed. 5. All bare, inactive slopes needs to be stabilized with permanent groundcover. 6. Maintain the sedimentation and erosion control plan, NPDES Permit and self -inspection forms on the site. Reported by: Melissa Joyner Others present: Date of inspection: June 21, 2019 Time arriving on site: 4:15 PM Time leaving site: 4:45 PM cc: Ralph Locklear, Bill Perry (via email)