CUMBE-2012-036_NOV TJR Life Center_20200515

ROY COOPER
Governor _ V .
MICHAEL S.REGAN ` r
Se rotary
BRIAN WRENN NORTH CAROLINA
Acting Director - Environmental Quality
May 15, 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 9916
RETURN RECEIPT REQUESTED
T. J. Robinson Life Center"Nonprofit'
Attn: Thurston Robinson, Owner
599 Castle Rising Road
Fayetteville,NC 28314
RE: Project Name: T. J. Robinson Life Center"Nonprofit' '
Project ID: CUMBE-2012-036
County: Cumberland
Compliance Deadlines: 20 from receipt for SPCA violations
20 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Robinson:
On May 12, 2020, personnel of this office inspected a project located on Blackbridge Road, Hope
Mills, 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 10.0 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.
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).
���� 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
\.10� 910.433.3300

T.J.Robinson Life Center"Nonprofit'
April 15,2020
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 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.
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).
Approved erosion control measures have not been installed.
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 4B .0124(d).
Graded slopes and fill areas are at angle which cannot be retained by vegetated cover, erosion
control devices or structures.
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
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T.J.Robinson Life Center"Nonprofit"
April 15,2020
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)
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.
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.
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.
Ground cover sufficient to restrain erosion has not been established.
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T.J.Robinson Life Center"Nonprofit'
April 15,2020
3. Failure to dewater sediment basin from the surface. Sediment basins that have a drainage area
of greater than one acre shall have outlet structures that withdraw water from the
surface. NCG 010000 Section II. B. 4)
Outlet structures are not installed for Sediment Basins 1 and 2.
4. 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. NCG
010000 Section IIL4)
Erosion control measures have not been installed and maintained.
5. 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 and sediment control measures have not been operated and maintained.
6. Bypass of stormwater control facilities. Bypass of stormwater control facilities is prohibited
except as allowed by permit conditions. NCG 010000 Section IV 3)
Stormwater control facilities are being bypassed.
To correct these violations, you must:
1. Provide adequate permanent and / or temporary ground cover on all disturbed areas in
accordance with the approved sedimentation and erosion control plan.
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 seeding or appropriate rip-rap) is established which is, in fact, sufficient to restrain
accelerated or man-made erosion.
2. Reduce the angle of graded/existing slopes to an angle on which vegetative ground cover
may be established. Repair, stabilize and maintain all steep, eroding slopes.
3. Install and maintain all sedimentation and erosion control measures as specified in the
approved plan.
4. Discontinue the bypass of the stormwater control facilities by installing the temporary
diversions for Sediment Basin 1 and repairing breached Sediment Basin 2.
5. Install the outlet structures for Sediment Basins 1 and 2 to withdraw water from the surface.
6. Address applicable sediment impacts to the on-site natural watercourse. We recommend
coordinating with a professional (i.e. wetland specialist) knowledgeable of current applicable
regulatory requirements for guidance.
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T.J.Robinson Life Center"Nonprofit' I,
April 15,2020
7. 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 20 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.
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 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 April 14, 2020 through
May 12, 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.
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T.J.Robinson Life Center"Nonprofit'
April 15,2020
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 j
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,
imothy L. La ty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
Resources for Technical Assistance—Erosion and Sedimentation Control
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)
Alain 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
6

ReportSedimentation/Construction Storinwater Inspection
North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714,Fayetteville,NC 28301-5094
[phone]
County: Cumberland Project: T.J. Robinson Life Center"Nonprofit" River basin: Cape Fear
Person financially responsible:Thurston Robinson,Owner Project#: CUMBE-2012-036
Address: 599 Castle Rising Road,Fayetteville,NC 28314 -
1. Project Location: NCSR 1115 Black Bridge Road,Hope Mills
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,G.S. 113A-57(5)
✓ d.Failure to provide adequate groundcover,G.S. 113A-57(3)and 15A NCAC 4B .0107(b)
✓ e.Insufficient measures to retain sediment on site,G.S. 113A-57(3)
✓ f.Failure to take all reasonable measures, 15A NCAC 4B .0105
✓ g. Inadequate buffer zone,G.S. 113A-57(1)
✓ h.Graded slopes and fills too steep,G.S. 113A-57(2)or 15 NCAC 4B .0124(d)
✓ j.Failure to install and maintain erosion control measures, 15 NCAC 413 .0113
✓ n.Failure to provide ground stabilization,NCG 010000 Part II,E
✓ q.Failure to dewater sediment basin from surface, NCG 010000 Part 11,B.8 or G4
✓ s.Failure to install and maintain BMP's,NCG 010000 Part. II,G.2-3
✓ I.Failure to develop and adhere to approved plan,NCG 010000 Part I
✓ u.Bypass of stormwater control facilities,NCG 010000,Part 11,G5-6
6. Is the site in compliance with the NPDES Permit? No
Describe:Refer to Violations n,q,s,t and u.
7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply)
✓ Lake/Natural watercourse on the tract
Description: Sediment is impacting an on-site natural watercourse.
Degree of damage: Moderate
8. Contact made with(name): No one Title:
Inspection report: Sent Report Date given/sent: May 14,2020
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. Install erosion and sediment control devices sufficient to retain sediment on the tract.
4. Take all reasonable measures to prevent sedimentation damage to adjacent properties.

Sedii-nentatioii/CoiistrLICtiOlI Storinwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094
[phone]
5. 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.
6. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be
established.
7. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
8. 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.
9. Provide and dewater sediment basins with a drainage area of one acre or greater with a skimmer
or flashboard riser.
10. Provide an outlet structure that will withdraw water from the surface.
10. Comments: 1.Erosion control measures are not installed according to the approved sedimentation and
erosion control plan: 1. Sediment Basins(SB) 1 and 2 with baffles,Faircloth skimmers,and
spillway(SB-1);Temporary diversions 1 and 2; Silt fence outlets. -
2.There are steep,bare,inactive and eroding slopes,including those of the diversion ditches
and slopes of SB-1 and SB-2,which need to be regraded and stabilized with permanent
groundcover. Slopes with dead groundcover will also need to be stabilized with permanent
groundcover.
3. Sediment is overtopping a silt fence and impacting the on-site natural watercourse.SB-2 is
also breached with sediment going through a cracked,plastic wall downslope of the Basin and
impacting the on-site natural watercourse.It is recommended that an evaluation be done by a
professional Wetland Specialist in regards to addressing the sediment which has impacted this
natural watercourse.
4.The rock check dams installed in Temporary diversion-4 are not installed per the approved
specifications.They are being overtopped with sediment and being undermined by erosion.
5. Stormwater is leaving the access road to the Remote Borrow Site Area and impacting
adjacent Temporary diversion-4.Additional erosion control measures should be installed to
control the movement of stormwater on the site.
6.Please email the Inspector the self-inspection forms for the last four weeks of the project by
June 4,2020. -
Reported by: Melissa Joyner Others present:
Date of inspection: May 12,2020 - Time arriving on site: 3:00 PM Time leaving site: 4:00 PM
cc:

o+STAIXo.
ROY COOPER
Governor
MICHAEL.S.REGAN
secretary
BRIAN WRENN NORTH CAROLINA
Acting Director Environmmud Qual3ry
Resources for Technical Assistance — Erosion and Sedimentation Control
Erosion and Sedimentation Control Plan Requirements and Submittal Documents:
DEQ Erosion and Sedimentation Program Website: http•//portal ncdenr org/web/Ir/erosion
On this page,you will find the following information:
• Sedimentation Pollution Control Act and Administrative Code (the Law and Rules)
• Information regarding any upcoming workshops or training events
• Manuals and Publications, including the Erosion and Sedimentation Pollution Control Planning and
Design Manual. A direct link to the design manual may be found here:
http://portal.ncdenr.org/web/lr/576
• Downloads and Links, which provide several helpful design calculations spreadsheets for various E&SC
measures
• Forms needed for plan submittal, including the Financial Responsibility/Ownership form (required) and
the Plan Checklist for Designers,which lists all necessary items for complete plan submittal
• Express Plan Review Options, and the corresponding forms
To Locate a Plan Designer:
The level of design needed for your plan will depend on the specific project conditions. There is no statutory
requirement that erosion and sedimentation control plans be designed by a professional engineer or any other
licensed/certified person. However, persons with these licenses or certifications are often qualified to prepare and
submit adequate erosion and sedimentation control plans.
The following are provided as references. Directories of licensed or certified individuals may be found on these
websites:
NC Board of Examiners for Engineers&Surveyors: http://www.ncbels.org/
NC Board of Licensed Soil Scientists http://www.ncblss.org/
Certified Professionals in Erosion and Sediment Control: http://www.cpesc.orL
If you have any other questions, or need additional information, please do not hesitate to contact your NC DEQ regional
office(see reverse side of this sheet). We appreciate your cooperation in resolving the violations noted during our
inspection.
North Carolina Department of Environmental Quality I Division of Energy,Mtlneral and land Resources
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Fayetteville Regional Of m 1 225 Green Street,Suite 7141 Fayetteville.North Carolina 28301
uwoi.mwem+•..ma�n� /'� 910.433.3300

Land Quality Section Regional Office Contact Information
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noon
Asheville Regional Office Fayetteville Regional Office
2090 US Highway 70 225 Green Street (Systel Building),Suite 714
Swannanoa, NC 28778 Fayetteville, NC 28301-5094
[phone] [phone]
Regional Engineer: Stan Aiken, PE Regional Engineer: Tim La Bounty, PE
Mooresville Regional Office 610 Raleigh Regional Office
East Center Avenue 3800 Barrett Drive, Raleigh, NC 27609
Mooresville, NC 28115 Mail: 1628 Mail Service Center
[phone] Raleigh, NC 27699
Regional Engineer: Zahid Khan, CPESC, CPSWQ [phone]
Regional Engineer: Bill Denton, PE
Washington Regional Office Wilmington Regional Office
943 Washington Square Mall 127 Cardinal Drive Extension
Washington, NC 27889 Wilmington, NC 28405
[phone] [phone]
Regional Engineer: Samir Dumpor, PE Regional Engineer: Dan Sams, PE
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
[phone]
Regional Engineer: Tamera Eplin, PE