WT002837_NOV unsigned_20191220

of�c STATE 0,A'
ROY COOPER
Governor
MICHAEL S.REGAN —4w z.Dw a�
Secretary
EsscgNoca r
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 20, 2019
NOTICE OF VIOLATIONS OF
GENERAL PERMIT -NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL: 7017 01900000 9526 9277
RETURN RECEIPT REQUESTED:
GHK Cape Fear Development, LLC
Attn: Calvin F. Wells, Jr.; Member
1051 Military Cutoff Road STE 200
Wilmington,NC 28405
RE: Project Name: Woodlands Landing at Echo Farms Tract 3A
Project ID: WT002837
County: New Hanover
Compliance Deadlines: 15 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000
violations
Dear Mr. Wells:
On December 12, 2019 personnel of this office inspected a project located on Echo Farms
Boulevard,Wilmington in New Hanover County,North Carolina. This inspection was performed
to determine compliance with the North Carolina 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 18 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
Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the
following violations, please notify this office immediately.
DNorth Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
E Q��
_ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTH CAROLINA
Department or Emironmeatal mail� 910.796.7215

Notice of Violations
GHK Cape Fear Development, LLC
December 20, 2019
Page 2 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 Part II Section G (2)
a. Sediment basin 3A-2 skimmer device was upside down. The basin level was
significantly higher than the Sediment Basin 3A-1.
b. Rip rap apron 3A-2 not installed.
c. Sediment basins allowed for stormwater to enter in all areas, rather than diverting
to the forebay.
d. Sediment basins do not utilize baffles, rather they have been converted to
stormwater wet basins.
e. Construction debris is in both basins and beyond sediment fencing.
f. Sediment fencing is not maintained in multiple locations.
g. Sediment basin 3A-I weir is blown out.
h. Road crossing at drainage area 97 is inadequately protected allowing for
significant damage to wetland areas.
i. Existing sediment basin 3.1 B is not installed.
j. Inlet protection is not maintained.
2. Failure to manage construction site pollutants. NCG 010000 Part II Section F. 1)
a. All wastes composed of building materials shall be disposed of in accordance with
North Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste
Management, and rules governing the disposal of solid waste (North Carolina
Administrative Code Section 15A NCAC 13B).
b. Locate areas dedicated for management of land clearing and demolition debris,
construction and domestic waste, and hazardous or toxic waste. This location shall
be at least 50 feet away from storm drain inlets and surface waters unless it can be
shown that no other alternatives are reasonably available.
c. Litter and Sanitary Waste-The permittee shall control the management and disposal
of litter and sanitary waste from the site.
Construction debris was found in the sediment basins and outside of the sediment fencing.
3. Failure to meet self-inspection and reporting 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.

Notice of Violations
GHK Cape Fear Development, LLC
December 20, 2019
Page 3 of 5
b. Erosion and sedimentation control measures shall be inspected to ensure that they
are operating correctly. 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 0.50 inches of rain per 24 hour period.
c. 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 0.50 inches of rain per 24 hour period.
Self-inspection and reporting requirements have not been met. Inspector had instructed the
contractor how to maintain the records previously.
4. Failure to install and maintain BMPs and control measures, NCG 010000 Part II G.2-3
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 this permit.
The erosion control plan is not being followed. Erosion control measures are not being
maintained according to the approved plan.
5. Failure to operate and maintain control measures, NCG 010000 Part II G.2-3 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 conditions of this general permit .
The erosion control plan is not being followed. Erosion control measures are not being
maintained according to the approved plan.
6. Bypass of stormwater control facilities, NCG 010000 Part II G.5
Bypass of stormwater control facilities is prohibited except as allowed by permit
conditions.
Sediment is allowed to flow into wetland areas by lack of maintenance of sediment fencing

Notice of Violations
GHK Cape Fear Development, LLC
December 20, 2019
Page 4 of 5
and other BMPs.
To correct these violations,you must:
1. All land-disturbing activity on the site must be conducted in accordance with the terms of the
approved plan, the SPCA and the implementing rules and Construction Stormwater Permit
NCG 010000.
2. Install, repair, and maintain all best management practices according to the approved erosion
and sediment control plan.
3. Conduct self inspections and document all activities associated with permit compliance.
Documentation is required of all measures once a week and after a one inch rain event.
Document installation of measures, current state of measures, and repair of measures.
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 15 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 15 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 2019 to
present.
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 violation(s) will be considered in any civil penalty assessment
process that may occur.

Notice of Violations
GHK Cape Fear Development, LLC
December 20, 2019
Page 5 of 5
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 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 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
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 Construction Stormwater Permit NCG 010000
please contact either Brian Lambe or me at your earliest convenience.
Sincerely,
Daniel Sams, PE
Regional Engineer
Land Quality Section
Enclosures: NCGO10000 Inspection Report
Construction Stormwater Permit NCG 010000
cc: Julie Coco, State Sedimentation Engineer
Annette Lucas, State Stormwater Engineer
Beth Wetherill,New Hanover County Engineering Specialist