CUMBE-2003-007_NOV_20201204

STATrV
ROY COOPER a,a
Governor
MICHAEL S.REGAN
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 4, 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 4771 9947
Cumberland Ventures, LLC
Attn: Larry W. Strother, Member
6506 Dental Lane, Suite 201
Fayetteville,NC 28314
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7018 0040 0000 4771 9961
Cumberland Ventures, LLC
Attn: Larry W. Strother, Member
P. O. Box 25640
Fayetteville, NC 28314
RE: Project Name: Grays Creek Villas (Formerly Rockfish Landing)
Project ID: CUMBE-2003-007
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
Q� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
D_E Fayetteville Regional Office 1225 Green Street Suite 7141 Fayetteville.North Carolina 28301
x, w
910.4333300

Notice of Violations
Cumberland Ventures, LLC
December 4, 2020
Page 2 of 7
Dear Mr. Strother:
On December 2, 2020, personnel of this office inspected a project located on NC
87 and Doc Bennett 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
26.80 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. I I3A-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).
Approved erosion control measures have not been installed.
3. Failure to take measures to protect all public and private property from
sedimentation and erosion damage caused by the land-disturbing activities.
15A NCAC 413 .0105.
Public and/or private property has been damaged as the result of failing to
take reasonable preventive measures.
4. Failure to retain a buffer zone of sufficient width along a lake, trout water
or natural watercourse (25-foot minimum for trout waters) in which 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
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Notice of Violations
Cumberland Ventures, LLC
December 4, 2020
Page 3 of 7
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 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(e).
Graded slopes and fill areas are at angle which cannot be retained by
vegetated cover, erosion control devices or structures.
6. 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 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 develop or 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, Part I
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 Part II, Section E
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
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Notice of Violations
Cumberland Ventures, LLC
December 4, 2020
Page 4 of 7
practicable but in any event within 14 calendar days from
the last land-disturbingactivity.
b. Conditions - In meeting the stabilization requirements above, the
following conditions or exemptions shall apply:
i. Extensions of time may be approved by the Erosion &
Sediment Control (E&SC) plan authority based on weather
or other site-specific conditions that make compliance
impracticable.
ii. Slopes equal to or less than 2:1 and 10 feet or less in length
allow for ground cover to be applied up to 14 days from the
last land-disturbing activity.
iii. Slopes steeper than 4:1 and greater than 50 feet in length
require ground cover within 7 days of the last land-
disturbing activity.
iv. Slopes within the Falls Lake watershed that are 3:1 and
flatter require ground cover within 10 days.
V. 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.
vi. 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.
3. 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.
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Notice of Violations
Cumberland Ventures, LLC
December 4, 2020
Page 5 of 7
To correct these violations, you must:
I. 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 vegetation
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. 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.
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 Division of Energy,
Mineral and Land Resources 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 Division
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.
Rev. 05222020

Notice of Violations
Cumberland Ventures, LLC
December 4, 2020
Page 6 of 7
Construction Stormwater Permit NCG 010000 Violations
The violations of the Construction Stormwater Permit NCG 010000 cited herein
may be referred to the Division of Energy, Mineral and Land Resources 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 up to 5 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 November
4, 2020 to December 2, 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 length of time 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.
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Notice of Violations
Cumberland Ventures, LLC
December 4, 2020
Page 7 of 7
The relevant statute and administrative rules can be found at the Division's website
at http://deq.nc.gov/E&SC. The permit can be found at the Division's website at
http://deg.nc.jzov/iie 101. Should you have questions concerning this notice or the
requirements of the SPCA and Construction Stormwater Permit NCG 010000
please contact either Ms. Melissa Joyner or me at your earliest convenience.
Sincerely,
Timothy L. La ounty,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
Rev.05222020

Sediiiieiitatioii/CoiistrL[CtiOlI Stormwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094
[phone]
Grays Creek Villas(Formerly Rockfish
County: Cumberland Project: Landing) River basin: Cape Fear
Person financially responsible:Cumberland Ventures,LLC-Larry W Strother, Project 4: Cumbe-2003-007
Member
Address: 6506 Dental Lane,Suite 201,Fayetteville,NC 28314
1. Project Location: NC 87&SR 2212,Fayetteville
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),GS. 113A-57(5)
✓ d. Failure to provide adequate groundcover,G.S. 113A-57(3)and 15AN.C.A.C.4B.0107(b),CIS.
113A-57(3)and 15ANCAC 4B.0107(b)
✓ e.Insufficient measures to retain sediment on site,GS. 113A-57(3),GS. 113A-57(3)
✓ f.Failure to take measures to protect property, ISAN.C.A.C.4B.0105, ISANCAC 4B.0105
✓ g. Inadequate buffer zone,GS. 113A-57(1),GS. 113A-57(l)
✓ It. Graded slopes and fills too steep,GS. 113A-57(2)or 15A N.C.A.C.4B.0124(e),GS. 113A-57(2)or
15 NCAC 4B .0124(d)
✓ j.Failure to install and maintain measures, 15A N.C.A.C.4B.0113, 15 NCAC 4B.0113
✓ n.Failure to develop or adhere to approved plan,NCG 010000,Part I
✓ p. Failure to provide ground stabilization,NCG 010000 Part 11,E
✓ r.Failure to install and maintain BMP's,NCG 010000 Part II,G2-3
6. Is the site in compliance with NPDES Permit NCG010000 Construction Stormwater requirements? No
Describe:Refer to Violations n,p and r.
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: Slight
8. Contact made with(name): No one Title:
Inspection report: Sent Report Date given/sent: December 04,2020
9. Corrective action needed:
I. Install all sedimentation and erosion control measures as shown on the approved plan,including
Temporary Sediment Trap k5 with diversions and drop inlet protection for the drop inlet in Cason
Creek Drive.
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.

Sediiiieiitatioii/CojistrL[CtiOlI Stormwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094
[phone]
5. Install adequate drop inlet protection as shown on the approved plan,for the drop inlet in Cason
Creek Drive.
6. 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 for the
on-site natural watercourse downslope of Rocky Stream Court.
7. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be
established.
8. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
9. 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.
10. Install Temporary Sediment Trap#5 and the associated diversions as shown on the approved
plan.
10. Comments: 1.Temporary Sediment Trap#5 with diversions,located off of Rocky Stream Court,is
removed and needs to be reinstalled.There is erosion on bare slopes with sediment impacting
an on-site natural watercourse.It is recommended to coordinate with a professional(i.e.
wetland specialist)knowledgeable of current applicable regulatory requirements for guidance
with the possible hand-removal of the sediment.
2.Bare slopes and erosion are also noted on the road shoulders located on Headwind and
Cason Creek Drive and Rocky Stream Court. Sediment is observed in these streets and is also
impacting an on-site existing ditch on Rocky Stream Court.The sediment will need to be
removed from the ditch.Sediment is also entering an unprotected drop inlet on Cason Court
Drive.All bare,eroding slopes need to be regraded and stabilized with permanent
groundcover.
3.Temporary Sediment Trap#4,located on Cason Creek Drive,needs maintenance.One of
the baffles is falling down and the first chamber of the Sediment Trap has sediment in it which
should be removed.There are bare top and side slopes.Sediment from the bare slopes is
eroding outside of the limits of construction at the base of the Sediment Trap.
4.Please email the Inspector the self-inspection forms for the last 4 weeks of the project.
Reported by: Melissa Joyner Others present:
Date of inspection: December 02,2020 Time arriving on site: 10:47 AM Time leaving site: 12:00 PM
cc:Kevin Shortridge,Louis Sulse(via email)

ROY COOPER
Governor
MICHAEL S.REGAN • ^m^w `
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
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/`­1r/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://porta1.ncdenr.org/web/ir/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.org/
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.Mineral and Land Resources
_ Fayetteville Regional Office 1 225 Green Street.Suite 714 1 Fayetteville.North Carolina 28301
nar
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Land Quality Section Regional Office Contact Information
F ti :
ngton
t
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 LaBounty, 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 Dumper, 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