HOKE-2018-003_NOV 259 Filly Lane_20200212

fi o-
ROY COOPER
Governor ,
MICHAEL S.REGAN �^
Secretary Q1A1O.��i..
BRIAN WRENN NORTH CAROLINA
Acting.Director Environmental Quality r
February 12, 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 7018 0040 0000 4771 9848
RETURN RECEIPT REQUESTED
Mubarak Jamal Shahbam
P.O. Box 2048
Raeford, NC 28376
CERTIFIED MAIL 7018 0040 0000 47719855
RETURN RECEIPT REQUESTED
J &K General Contractor, Inc.
Attn: Mubarak Jamal Shahbain, Owner
645 Laurinburg Road
Raeford,NC 28376
RE: Project Name: 259 Filly Lane
Project ID: HOKE-2018-003
County: Hoke
Compliance Deadlines: 14 from receipt for SPCA violations
14 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Shahbain:
On February 7, 2020, personnel of this office inspected a project located on 259 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 2.9 acres being conducted.
+ v K� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Fayetteville Regional Office ' 225 Green Street,Suite 7141 Fayetteville,North Carolina 28301
oev +bd "`�wun. tia®wa.ury� �/5 910.4333300

Mubwak Jamal Shahbain
2/12/2020
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
sedimentation and erosion control plan.
2. Failure to file an acceptable, revised plan after being notified of the need to do so. G.S.
113A-54.1 (b) and 15A NCAC 4B .0118 (a).
An acceptable revised plan has not been received by this office as requested.
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 measures sufficient to restrain erosion and retain
sediment within the boundaries of the tract have not been established.
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/or 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(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.
6. 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 413 .0124(d).
Graded slopes and fill areas are at angle which cannot be retained by vegetated cover,
erosion control devices or structures.

Mubarak Jamal Shabbain
2/12/2020
7. Failure to install and maintain all erosion and sedimentation control measures as require
by 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.
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 provide ground stabilization. NCG 010000 Section II B.2)
Groundcover sufficient to restrain erosion has not been established.
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.
H. 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.
b. Conditions —In meeting the stabilization requirements above, the following conditions
or exemptions shall apply:
i. Extensions of time may be approved by the permitting authority based on
weather or other site-specific conditions that make compliance impractical.
ii. All slopes 50' in length or greater shall apply the ground cover within 7 days
except when the slope is flatter than 4:1. Slopes less than 50' shall apply
ground cover within 14 days except when slopes are steeper than 3:1, the 7-
day requirement applies.
iii. Any sloped area flatter than 4:1 shall be exempt from the 7-day ground cover
requirement.
iv. Slopes 10' or less in length shall be exempt from the 7-day ground cover
requirement except when the slope is steeper than 2:1.

Mubuak J=al Shahbain
2/12/2020
v. Although stabilization is usually specified as ground cover, other methods, such
as chemical stabilization, may be allowed on a case-by-case basis.
vi. For portions of projects within the Sediment Control Commission-defined
"High Quality Water Zone" (15A NCAC 04A. 0105), stabilization with ground
cover shall be achieved as soon as practicable but in any event on all areas of the
site within 7 calendar days from the last land disturbing act.
vii. Portions of a site that are lower in elevation than adjacent discharge locations
and are not expected to discharge during construction may be exempt from the
temporary ground cover requirements if identified on the approved E&SC Plan or
added by the permitting authority.
3. 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.
To correct these violations, you must:
1. Submit a revised sedimentation and erosion control plan for changes which have been made
and may be made to the site,including the reconstructed stream channel,outfalls and second
construction entrance.
2. Install the silt fence on metal instead of wooden stakes.
3. Provide maintenance for the construction entrances and silt fence.
4. Contact a professional Wetland Specialist for guidance in regards to the possible removal
of the sediment from the on-site and off-site natural watercourses.
5. Install appropriate protective/stabilization measures on all inactive, bare slopes.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Acting Director of the Division of
Energy, Mineral and Land Resources, Brian Wrenn, 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 14 calendar days of
receipt of this Notice,this office may request that the Acting 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.

Mubuak Jamal Shahbain
2/12/2020
Construction Stormwater Permit NCG 010000 Violations
The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred
to the Acting Director of the Division of Energy, Mineral and Land Resources, Brian Wrenn, 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 14
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 14 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 January 6, 2020 through
February 7, 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.
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.

i
Mubuak Jamal Shahbain
2/12/2020
Sincerely,
%
Timothy L. L ounty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
cc: Steve Phillips, Site Superintendent(via email)
Adam Carter, Wetland Specialist, Wetland Solutions, LLC (via email)
Neil E. Smith, PE,Neil Smith Engineering, Inc. (via email)
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 (via email)
Trent Allen, Regional Supervisor, Division of Water Resources (via email)
Deborah Reese, Administrative Assistant(via email)
DEMLR Regional Office File

Sedimentation/ConstrLIC0011 Stonliwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building,225 Green Street, Suite 714,Fayetteville,NC 28301-5094
[phone]
County: Hoke Project: 259 FILLY LANE River basin: Cape Fear
Person financially responsible:Jamal Shahbain Project#: HOKE-2018-003
Address: P.O.Box 2048,Raeford,NC 29376
1. Project Location: Filly Lane,McLauchlin Twsp
Pictures: Yes-Digital
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,GS. 113A-57(5)
✓ c.Failure to submit revised plan,GS. 113A-54.l(b)and 15A NCAC 4B.01I8(a)or 15ANCAC 4B
.0124(e)
✓ 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,US. 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
✓ n.Failure to provide ground stabilization,NCG 010000 Part II,E
✓ s.Failure to install and maintain BMP's,NCG 010000 Part.I1,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:Refer to Violations n,s and t
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
✓ Other Property
Description: Sediment is impacting adjacent,off-site property and on-site and off-site natural watercourses.
Degree of damage: Slight
8. Contact made with(name): Adam Carter Title: Wetland Specialist
Inspection report: Sent Report Date given/sent: February 11,2020
9. Corrective action needed:
1. Submit a revised sedimentation and erosion control plan for approval.
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.

Sedimentation/ConstrLICtion Stormwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714,Fayetteville,NC 28301-5094
[phone]
5. Stabilize all bare,inactive 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 NCO 010000 permit conditions.
8. Install all sedimentation and erosion control measures as shown on the approved plan.
10. Comments: 1.A revised sedimentation and erosion control plan has been requested and needs to be
submitted for changes which have been made and may be made to the site,including the
reconstructed stream channel,outfalls and second construction entrance.
2.The construction entrances need maintenance.There is potential for off-site sediment.
3.The silt fence also needs maintenance.It is installed on wooden stakes,is not trenched in,is
falling down and is being undermined and overtopped with sediment.On-site and off-site
natural watercourses are being impacted by this sediment as well as an adjacent neighbor's
property.The wooden stakes need to be replaced by metal ones.Maintenance should be done
as soon as possible to prevent additional sedimentation impacts.
4.All inactive,bare,slopes will need to be stabilized with permanent groundcover.Erosion is
observed.Water is moving at an erosive rate on the site and needs to be slowed down with the
installment of additional sedimentation and erosion control measures.
5.Please email the Inspector the self-inspection forms for the last four weeks of the project
from Jan.6,2020 through Feb.7,2020.
Reported by: Melissa Joyner Others present: Tim LaBounty
Date of inspection: February 07,2020 Time arriving on site: 2:00 pM Time leaving site: 2:55 PM
cc:Steve Phillips,Adam Carter,Neil Smith(via email)