HOKE-2019-013_NOV Perry Residence_20191018

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 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
7015 0640 0007 8168 5611
William J. Perry
289 Filly Lane
Raeford, NC 28376
RE: Project Name: Perry Residence
Project ID: HOKE-2019-013
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 Mr. Perry:
On October 14, 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.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity.
The purpose inform you that this activity was found to be in violation of the
D_E Q�> 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
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Letter of Receipt of Sedimentation and Erosion Control Plan
William J. Perry III
October 18, 2019
Page 2 of 5
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.
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 4B .0107(b).
Ground cover sufficient to restrain erosion has not been established.
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). Failure to take all
reasonable measures to protect all public and private property from damage by such land -
disturbing activities. 15A NCAC 4B .0105.
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 4B .0105.
Public and private property has been damaged as the result of failing to take reasonable
preventive measures.
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).
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.

Letter of Receipt of Sedimentation and Erosion Control Plan
William J. Perry III
October 18, 2019
Page 3 of 5
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 4B .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.
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 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.
3. Bypass of stormwater control facilities, NCG 010000 Part II, Section G.5-6
Bypass of stormwater control facilities is prohibited except as allowed by permit conditions.
There is a bypass of a sedimentation and erosion control measure on the site.
To correct these violations, you must:
1. 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 and diversion ditch upslope of the lake and stream.
4. Install appropriate protective/stabilization measures upslope of the stream.
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

Letter of Receipt of Sedimentation and Erosion Control Plan
William J. Perry III
October 18, 2019
Page 4 of 5
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 September 9, 2018 to
October 14, 2019.
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.
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

Letter of Receipt of Sedimentation and Erosion Control Plan
William J. Perry III
October 18, 2019
Page S of S
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. unty, 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, Section Chief — Program Operations (via email)
Julie Coco, PE, CPESC, State Sedimentation Specialist (via email)
Matt Gantt, PE, Section Chief — Regional Operations (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)
DEMLR:Regional Office File,

North Carolina Department of Environmental Quality Report
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
County: Hoke Project: Perry Residence
Person financially responsible: William 1 Perry, Owner
Address: 289 Filly Lane, Raeford, NC 28376
1. Project Location: Filly Lane, Raeford
Pictures: Yes - Digital
River basin: Cape Fear
Project #: HOKE-2019-013
2. Weather and soil conditions: Dry, workable soils Initial 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 If no, check violations below:
5. Violations:
✓ b. Failure to follow approved plan, G.S. 113A-57(5)
✓ d. Failure to provide adequate groundcover, GS. 113A-57(3) and 15ANCAC 4B .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 4B .0124(d)
✓ j. Failure to install and maintain erosion control measures, 15 NCAC 4B .0113
✓ 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
✓ u. Bypass of stormwater control facilities, NCG 010000, Part II, G5-6
6. Is the site in compliance with the NPDES Permit? No
Describe: Refer to Violation t.
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Lakc/Natmal watercourse off the tract
✓ Lake/Natural watercourse on the tract
Description: Sediment is impacting a stream, wetlands and lake.
Degree of damage: Moderate
8. Contact made with (name): Mr. and Mrs. Perry Title: Landowners
Inspection report: Sent Report Date given/sent: October 17, 2019
9. Corrective action needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan.
2. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan.
3. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
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.

North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
5. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
6. Provide adequate temporary or permanent ground cover on areas where land -disturbing activity
has ceased in 7 or 14 days according to NCO 010000 permit conditions.
7. Install and maintain measures to divert storm run-off through the stormwater control facilities.
8. Install erosion and sediment control devices sufficient to retain sediment on the tract
10. Comments: 1. Near the entrance of the project, the silt fence is now removed adjacent to the wetlands and
stream. Sediment is eroding into this location from adjacent, bare slopes. Also, water and
sediment which are transported by a diversion ditch at the entrance of the site, are bypassing a
silt fence outlet and impacting the wetlands. The back of the property also has bare slopes.
The silt fence is being overtopped with sediment. Sediment is impacting the wetlands.
Sediment is also in the lake. It is recommended that an evaluation be done by a professional
Wetland Specialist in regards to addressing the sediment which has entered the stream,
wetlands and lake.
2. The silt fence outlet in the diversion ditch at the entrance of the site should be modified to
be able to fully capture the stormwater. Sediment needs to be removed from the diversion
ditch. The silt fence should be reinstalled adjacent to the stream and wetlands until the
permanent groundcover is fully established.
3. On the front of the site, there is erosion on a bare slope with sediment overtopping a wattle,
and impacting the wetlands and stream. Additional sedimentation and erosion control
measures are needed to slow down the water.
4. All bare, inactive slopes need to be stabilized with permanent groundcover. Additional
permanent groundcover is observed since the previous inspection.
5. The Self Inspection Forms were not requested during the inspection. Maintain the
sedimentation and erosion control plan, NPDES Permit and self inspection forms on the site.
6. A visit by the Inspector to the site took place later on the same day in order for photographs
to be taken of the violations at the site. Mr. Perry was present during the first inspection and
both Mr. and Mrs. Perry were present during the second site visit. Penny Markle was not
present during the second site visit.
Reported by: Melissa Joyner
Date of inspection: October 14, 2019
cc:
Others present: Penny Markle
Time arriving on site: 9:15 AM Time leaving site: 9:40 AM
Time arriving on site: 5:05 PM Time leaving site: 5:40 PM