CUMBE-2019-139_NOV Fayetteville Senior Center West_20200127

,ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 27, 2020
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
7018 0040 0000 47719817
City of Fayetteville
Attn: Kristoff Bauer, Deputy City Manager
433 Hay Street
Fayetteville, NC 28301
RE: Project Name: Fayetteville Senior Center West
Project ID: CUMBE-2019-139
County: Cumberland
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. Bauer:
On January 14, 2020, personnel of this office inspected a project located on Old Raeford Road,
Fayetteville in Cumberland 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 8.6 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.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
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Notice of Violations
City of Fayetteville
1/27/2020
Page 2 of S
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
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 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
Public and / or private property has been damaged as the result of failing to take reasonable
preventive measures.
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).
A buffer zone of sufficient width to confine siltation by natural or artificial means within
the twenty-five (25) percent of that portion on the buffer zone nearest the land disturbing
activity has not been established.
5. Failure to maintain on graded slopes and fill areas, an angle on which 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 fill areas are at an angle which cannot be retained by vegetated cover,
erosion control devices or structures.
6. Failure to install and maintain all erosion and sedimentation control measures as required
by the approved plan or any provision of the Act, and rules adopted thereunder, during or
the approved plan or any provision of the Act, 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 / or maintained.

Notice of Violations
City of Fayetteville
1/27/2020
Page 3 of 5
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)
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. 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 the permit.
Erosion control measures have not been installed and maintained.
3. Failure to operate and maintain control measures. 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
condition of this general permit. NCG 010000 Section IV, 1)
Erosion control measures have not been operated and maintained.
4. Bypass of stormwater control facilities. Bypass of stormwater control facilities is prohibited
except as allowed by permit conditions. NCG 010000 Section IV 3)
There is a bypass of sedimentation and erosion control measures on the site.
To correct these violations, you must:
1. Install all sedimentation and erosion control measures according the approved
sedimentation and erosion control plan which include Sediment Basins 1 and 2 and their
associated diversions, silt fence, silt fence outlets and the riprap ditch near the entrance
which is off of Old Raeford Road.
2. Additionally, install silt fence around the stockpile.
3. Provide maintenance for the silt fence and silt fence outlets
4. Contact a professional Wetland Specialist for guidance in regards to the possible removal
of the sediment from the Lake Rim and the wetlands.
5. Install appropriate protective/stabilization measures upslope of Lake Rim.
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

Notice of Violations
City of Fayetteville
1/27/2020
Page 4 of 5
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' or will be corrected.
2. Rainfall data and self -inspection or self -monitoring records from December 14, 2019 to
January 14, 2020.
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.

Notice of Violations
City of Fayetteville
1/27/2020
Page 5 of 5
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. LaB ty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
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)
DEMLR Regional Office File

North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
County: Cumberland Project: Fayetteville Senior Center West River basin: Cape Fear
Person financially responsible: City of Fayetteville - KristoffT Bauer, Deputy City Project #: CUNME-2019-139
Manager
Address: 433 Hay Street, Fayetteville, NC 28301
1. Project Location: Old Raeford Road, Fayetteville
Pictures: Yes - Digital
2. Weather and soil conditions: Dry, workable soils Initial inspection: Yes
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, GS. 113A-57(5)
✓ e. Insufficient measures to retain sediment on site, GS. 113A-57(3)
✓ f. Failure to take all reasonable measures, 15ANCAC 4B .0105
✓ g. Inadequate buffer zone, US. 113A-57(1)
✓ It. 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 Violations s,t,u
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Lake/Natural watercourse off the tract
Description: Sediment is impacting Lake Rim.
Degree of damage: Slight
8. Contact made with (name): Houston Reece, Furman Howell Title: Site Supervisor, Site Manager
Inspection report: Sent Report Date given/sent: January 27, 2020
9. Corrective action needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan.
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.
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.

North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
7. Install temporary sediment traps or basins and associated diversions as shown on the approved
plan.
8. Install and maintain measures to divert storm run-off through the stormwater control facilities,
such as but not limited to temporary sediment traps or basins.
10. Comments: 1. Sediment Basins 1 and 2 are not installed per the approved sedimentation and erosion
control plan.
2. At the base of the slope, silt fence is failing and silt fence outlets are not installed according
to the approved specifications. Sediment is high near the top of and is overtopping the silt
fence, which is not trenched in, is falling down and is partially installed. Sediment is also
going through the silt fence outlets. Water and sediment are leaving the site limits of
disturbance at an erosive rate and impacting Lake Rim.
3. There are bare, eroding, inactive slopes uphill of this location which need to be stabilized
with permanent groundoover.
4. The stockpile on the site should have silt fence installed around it.
S. The riprap lined ditch adjacent to the construction entrance, off of Old Raeford Road, is not
installed.
6. Please email the Inspector the self -inspection fors for the last four weeks of the project.
Reported by: Melissa Joyner Others present:
Date of inspection: January 14, 2020 Time arriving on site: 9:45 AM Time leaving site: 10:10 AM
cc: Houston Reece, Furman Howell (via email)