CABAR-2018-086_NOV_20201201

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ROY COOPER
Governor
MICHAEL S.REGAN
Secretary -
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 1, 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 7017 2620 0000 6788 9380
RETURN RECEIPT REQUESTED
Cabarrus County
Attention: Mike Downs, County Manager
Post Office Box 707
Concord, North Carolina 28026
CERTIFIED MAIL 7017 2620 0000 6788 9397
RETURN RECEIPT REQUESTED
Cabarrus Cowlty Schools
Attention: Tim Lowder, Executive Director of Operations
4401 Old Airport Road
Concord, North Carolina 28026
CERTIFIED MAIL 7017 2620 0000 6788 9403
RETURN RECEIPT REQUESTED
Cabarrus County Schools
Attention: Tim Lowder, Executive Director of Operations
Post Office Box 388
Concord, North Carolina 28026
R�CEIV ED
6 C 08 2020
STC
D ^- North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources
Mooresville Regional Office 1 610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115
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Notice of Violations
Cabarrus County School
December 01,2020
Page 2of6
RE: Project Name:Southwest Cabarrus Elementary School
Project ID: CABAR-2018-086
County: Cabarrus
Compliance Deadlines: 15 days from receipt for SPCA violations
15 days from receipt by certified mail for Construction Stormwater Permit
NCG 010000 violations
Dear Sirs:
On November 17, 2020, personnel of this office inspected a project located on Hickory Ridge Road,
Harrisburg in Cabarus 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 27.51 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. 11 3A-57(5).
Failure to repair and maintain measures per the approved 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. 11 3A-57(3)and 15A NCAC 4B .0107(b).
Failure to establish groundcover within the timeframe of the approved plan.
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 4B .0105.
Failure to maintain measure or take additional measure to prevent sediment from leaving the limits
of disturbance and impacting wetland area on tract.
4. Failure to retain a buffer zone of sufficient width along a lake,trout water or natural watercourse in
which to confine visible siltation by natural or artificial means within the 25 percent of that portion of -

Notice of Violations
Cabarrus County School
December 01,2020
Page 3 of b
the buffer zone nearest the land-disturbing activity. G.S. 113A-57(1).
Failure to maintain buffer and allowing sediment to deposit in wetland area on tract and near
perennial stream onsite.
5. Failure within 21 calendar days of completion of any phase of grading,to plant or otherwise provide
exposed graded slopes or fills with temporary or permanent ground cover,devices,or structures
sufficient to restrain erosion. G.S. 11 3A-57(2).
Failure to establish groundcover in the allowed timeframe per the approved plan.
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.
Failure to repair and maintain measures per the approved plan, and allowing sediment to deposit
beyond the limits of disturbance in a wetland area on tract.
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
Failure maintain measures and establish groundcover per the approved 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 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:

Notice of Violations
Cabarrus County School
December 01,2020
Page 4 of 6
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. 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.
Failure to establish groundcover within the timeframe'of the approved plan causing impacts to
wetland areas on tract outside limits of disturbance.
3. Failure to install and maintain BMPs and control measures, NCG 010000 Part ll, 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.
Failure to repair and maintain measures per the approved plan causing impacts to wetland areas on
tract outside limits of disturbance:
To correct these violations,you must:
1. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the_approved plan, including all slopes, basin,and impacted areas outside
of the limits of disturbance.
2. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
3. Install and maintain adequate drop inlet protection as shown on the approved plan, including installing
filter baskets over inlet near children play areas.
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 including all area west of
the limits of disturbance.Sediment needs to be carefully removed that it does not cause damaged to the
aquatic plants in the area.this area is to be stabilized with riparian blend seed mix.
5. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage including all perimeter silt fence.Skimmer basin needs to be _
repaired and stabilized and functioning as shown on the plans.

Notice of Violations
Cabanas County School
December 01,2020
Page 5 of 6
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.
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 15 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.
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 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 5 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 October 1, 2020 to November 20,
2020.
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.

Notice of Violations
Cabarrus County School
December 01,2020
Page 6 of 6
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 violafion. 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 violation(s)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. The relevant statute and administrative rules can be found at the Division's
website at hftp://deo.ne.gov/E&SC. The permit can be found at the Division's website at
hftp://deg.nc..qovincg0l. Should you have questions concerning this notice or the requirements of the SPCA
and Construction Stormwater Permit NCG 010000 please contact either Mr.Kenny S. Llywelyn or me at your
earliest convenience.
Sincerely,
Cfo hid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
KSL/CG/cys
Enclosures: Sedimentation Inspection Report
ec: State Sediment Specialist
Supervisor, Regional Water Quality Operations Section

North Carolina Department of Environmental Quality
Land Resources:610 Fast Center Avenue, Suite 301,Mooresville,NC 28115 [phone]
County: Cabarrus Project: Southwest Cabamus Elementary School River basin: Yadkin-PeeDee
Person financially responsible:Cabanw County Schools-C Tun Lowder, Project#: CABAR-2018-086
Executive Director of Operations
Address: 4401 Old Airport Road,Concord,NC 28025
1. Project Location: Hickory Ridge Road,Harrisburg
Pictures: Yes-Digital
2. Weather and soil conditions: - Sunny,Workable Soils Initial inspection: No
3. Is site currently under notice of violation? Yes
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),CIS.113A-57(5)
✓ d.Failure to provide adequate groundcover,CIS.113A-57(3)and 15A N.C.A.C.4B.0107(b),as.
113A-57(3)and 15A NCAC 4B.0107(b)
✓ f.Failure to take measures to protect property,15AN.C.A.C.4B.0105,15A NCAC 4B.0105
✓ g.Inadequate buffer zone,GS.113A-57(1),G.S. 113A-57(1)
✓ i.Unprotected exposed slopes,GS. 113A-57(2),GS.113A-57(2)
✓ 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 H,E
✓ r.Failure to install and maintain BMP's,NCG 010000 Part II,G2-3
6. Is the site in compliance with NPDES Permit NCGO10000 Construction.Stormwater requirements? No
Describe:Failure to maintain measure and prevent impact outside limits of disturbance in wetland area.
7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply)
✓ Lake/Natural watercourse on the tract
Description: Sediment accumulated in the wetlands within the flood plain.
Degree of damage: Slight
8. Contact made with(name): No one on site Title:
Inspection report: Sent Report Date given/sent: December 1,2020 with NOV Letter
9. Corrective action needed:
1. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan,including all slopes,basin,and impacted areas
outside of the limits of disturbance.
2. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
3. Install and maintain adequate drop inlet protection as shown on the approved plan,including
installing filter baskets over inlet near children play areas.

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North Carolina Department of Environmental Quality
Land Resources: 610 East Center Avenue,Suite 301,Mooresville,NC 28115 [phone]
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
including all area west of the limits of disturbance.Sediment needs to be carefully removed that
it does not cause damaged to the aquatic plants in the area.this area is to be stabilized with
riparian blend seed mix.
5. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage including all perimeter silt fence.Skimmer basin needs
to be repaired and stabilized and functioning as shown on the plans.
10. Comments: Construction of the school structure is complete and is actively being used as a school.The
permanent basin has been dug out of accumulated sediment.the sediment has been laid out on
the top of the hill southeast of the basin.The sediment basin has bare slopes and no baffles.
Some of this sediment has washed down slope and deposited along the silt fence.Onsite there
are multiple failures along the silt fence that has allowed and is still allowing sediment to
accumulate in the flood plain area impacting wetlands in the area There is a large
accumulation of sediment approximately.25-.5 acres in area.The depth of accumulation is
approximately 2-8".Within this impacted area wetland plants were observed.Sediment
accumulation was close to the perennial stream that runs onsite.
There are some rills and bare areas on the slopes that need to be addressed throughout the site.
Inlet protection around the school where the area is stabilized can be removed.It is
recommended that areas with children playing that the filter basket inlet protection be used
instead of hardware cloth and t post.
Reported by: Kenny Llywelyn Others present:
Date of inspection: November 17,2020 Time arriving on site: 3:15 PM Time leaving site: 3:45 PM
cc: