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HomeMy WebLinkAboutHOKE-2019-001_NOV_20201222 3�r 'RATE X y h lA ROY COOPER Governor >� MICHAEL S.REGAN �. Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quality December 22, 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 9268 US Army Public Works Department Attn: Monica Stephenson, Directorate 2175 Reilly Road Stop A Fort Bragg,NC 28310 RE: Project Name: FB-PN76514 SOF Special Tactics Facility Phase 3 Project ID: HOKE-2019-001 County: Hoke Compliance Deadlines: 14 days from receipt for SPCA violations 14 days from receipt by certified mail for Construction Stormwater Permit NCG 010000 violations Dear Ms. Stephenson: On December 2, 2020, personnel of this office inspected a project located off of King Road, Fort Bragg, 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 16.82 acres being conducted. It is our understanding that you and/or your organization are responsible North Carolina Department of Environmental Quality i Division of Energy.Mineral and Land Resources Fayetteville Regional Office 1225 Green Street,Suite 714 1 Fayetteville,North Carolina 28301 nonni<;nrva.w oro•ry^•'nuuworm>w e••+n 910.433.3300 Notice of Violations US Army Public Works Department December 22, 2020 Page 2 of 6 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 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). Sediment and erosion control measures sufficient to restrain sediment within the limits of construction have not been established. Sediment was observed beyond limits of disturbance. 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. Sediment was observed beyond the limits of disturbance as the result of failing to take reasonable preventive measures. 4. 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 413 .0124(e). Graded slopes and fill areas were not maintained in accordance with the approved sedimentation and erosion control plan and general statute requirements. 5. 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. Rev.05222020 Notice of Violations US Army Public Works Department December 22, 2020 Page 3 of 6 Skimmer sedimentation basins have not been maintained per approved sediment and erosion control plan. 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 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 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. Rev.05222020 Notice of Violations US Army Public Works Department December 22, 2020 Page 4 of 6 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 in accordance with the approved sedimentation and erosion control plan. 3. Failure to install and maintain BMPs and control measures, NCG 010000 Part 11, 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. Skimmer sediment basins have not been maintained in accordance with the approved sedimentation and erosion control plan. To correct these violations, you must: 1. With time being of the essence,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. Rev. 05222020 Notice of Violations US Army Public Works Department December 22, 2020 Page 5 of 6 3. Maintain all sedimentation and erosion control measures as specified in the approved plan. Basins require maintenance. Typical maintenance routine includes the following: Check skimmers for obstructions, repair or replace baffles where needed, remove sediment deposits and provide ground cover on embankments where vegetation is sparse. Please take appropriate actions for all basins in need of maintenance. Install appropriate protective/stabilization measures on all bare slopes to prevent offsite sedimentation. 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. The Division of Energy, Mineral and Land Resources is not required to provide a time period for compliance before taking appropriate action. 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 Division take appropriate legal action against you for continuing violations. 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 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. A plan of action to prevent future violations. 3. Reasons why an enforcement action should not be taken. 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 enforcement action that may occur. Rev.05222020 Notice of Violations US Army Public Works Department December 22, 2020 Page 6 of 6 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 http://deg.nc.gov/E&SC. The permit can be found at the Division's website at http://deg.nc. og v/neg01. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact either Ms. Penny Markle or me at your earliest convenience. Sincerely, Ti othy L. LaB PE Regional Engineer DEMLR TLL/pdm Enclosures: Sedimentation Inspection Report Resources for Technical Assistance—Erosion and Sedimentation Control cc: John A.Nicholson, Chief Deputy Secretary,Division of Environmental Quality (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 Rev.05222020 Sediiiieiit-,iti011/COIIStl'LlCtion StormwaterReport North Carolina Department of Environmental Quality Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094 (910) 433-3300 County: Hoke Project: FB-PN76514 SOF Special Tactics River basin: Cape Fear Person financially responsible:US Army Public Works Department-Monica Project#: HOKE-2019-001 Stephenson,Directorate Address: 2175 Reilly Road, Stop A,Fort Bragg,NC 1. Project Location: King Road, Fort Bragg Pictures: No 2. Weather and soil conditions: sunny/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),G.S. 113A-57(5) ✓ f. Failure to take measures to protect property, 15A N.C.A.C.4B.0105, 15A NCAC 4B .0105 ✓ h.Graded slopes and fills too steep,G.S. 113A-57(2)or 15A N.C.A.C.4B.0124(e),G.S. I13A-57(2)or 15 NCAC 413 .0124(d) ✓ j.Failure to install and maintain measures, I5A N.C.A.C.413.0113, 15 NCAC 4B .0113 ✓ n.Failure to develop or adhere to approved plan,NCG 0I0000,Part I ✓ p.Failure to provide ground stabilization,NCG 010000 Part II,E ✓ r. Failure to install and maintain BMP's,NCG 010000 Part II,G.2-3 6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements? No Describe: 7. Has sedimentation damage occurred since last inspection? Yes If Yes,where? (check all that apply) ✓ Other Property Description: Sediment visual beyond silt fence&limits of disturbance on the North side of project. Degree of damage: Slight 8. Contact made with (name): Darrin Dyer Title: Corp-Rep Inspection report: Sent Report Date given/sent: December 22,2020 9. Corrective action needed: 1. Take all reasonable measures to prevent sedimentation damage to adjacent properties. 2. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established. 3. Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage. 4. 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. 5. Maintain measures to divert storm run-off through the stormwater control facilities,such as but not limited to temporary sediment traps or basins. Sediiiieiit-,itioii/ConSti-LiCtiOlI Stormwater Inspection Report North Carolina Department of Environmental Quality Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville,NC 28301-5094 (910)433-3300 10. Comments: 1.Basins require maintenance.Typical maintenance routine includes the following:Check skimmers for obstructions,repair or replace baffles where needed,remove sediment deposits and provide ground cover on embankments where vegetation is sparse. Please take appropriate actions to all basins in need of maintenance. Provide ground cover per applicable time-frame in the approved sediment and erosion control plan. 2.Skimmer basin 1 requires maintenance. a)Slope stabilization is required on: Slope failure on the South West(per North reference shown on sheet CG722 of approved sediment and erosion control plan)portion of the pond above/around and below HW-2(top of slope of skimmer basin to the first battle). Slope failure behind building 4 on South portion approximately midway of Skimmer basin 1 from top of slope(460')to bottom grade(448')of sediment basin 1. Eroding also observed on the West portion of skimmer basin I behind building 5. Eroding slope on the East slope of Skimmer basin 1.This area is between skimmer basin 1 and skimmer basin 2. b)Remove Sediment deposits in first chamber. Skimmer does not appear to be functioning properly. Check skimmer for obstructions and if skimmer has been installed correctly. 3.Area by/between HW-5 and silt fence outlet require stabilization. Visible sediment beyond limits of disturbance.Provide ground cover per applicable time frame in the approved sediment and erosion control plan.Take all reasonable measure to prevent sediment from leaving limits of this project. 4.Large gully by HW-1 -visible sediment beyond silt fence.Regrade and provide ground cover. 5.Diversion Swale North of building 5 requires maintenance. The sediment from this swale has eroded the length of building 5 down to HW-1.This swale requires re-grading and stabilization. 6. Maintain all sediment and erosion control measures per approved plan. 7.Eroding on slopes West of building 8.Provide Stabilization. 8.Provide ground cover per the applicable time frames in the approved sediment and erosion control plan. 9.Corrective action is required. 10.Re-inspect for compliance in 14 days of receipt date on inspection report. Reported by: Penny Markle Others present: Brian Williams Date of inspection: December 02,2020 Time arriving on site: 11:27 AM Time leaving site: 12:25 AM cc: ROY COOPER Governor MICHAEL S.REGAN > Ra• Secretary BRIAN WRENN NORTH CAROLINA Acting fia ecior 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://deg.nc.gov/E&SC 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. • 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: https://ncblss.wordpress.ncsu.edu/ Certified Professionals in Erosion and Sediment Control: http://www.cpesc.orgL 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 Emlromnental Quality 1 Division of Energy.Mineral and Land Resources 512 North Salisbury street 1 1612 Mail Service Center Raleigh.North Carolina 27699 1612 aen+nm.fia 9VE7079200 Land Quality Section Regional Office Contact Information +nsionalem l i • -V �RAlgfg . V, { 7 4 L, 'Moo[evll'Id asbingt� t t • 5 ��_. attw�t J fps Wilmington Asheville Regional Office Fayetteville Regional Office 2090 US Highway 70 225 Green Street (Systel Building), Suite 714 Swannanoa, NC 28778-8211 Fayetteville, NC 28301-5094 (828) 296-4500 (910)433-3300 Regional Engineer: Stan Aiken, PE Regional Engineer: Tim LaBounty, PE Mooresville Regional Office Raleigh Regional Office Iredell County Government 3800 Barrett Drive Center South Building Raleigh, NC 27609 610 East Center Avenue Mail: 1628 Mail Service Center Mooresville, NC 28115 Raleigh, NC 27699 (704) 663-1699 (919) 791-4200 Regional Engineer: Zahid Khan, CPESC, CPSWQ 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 (252) 946-6481 (910) 796-7215 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 (336) 776-9800 Regional Engineer: Tamera Eplin, PE, CPESC Rev.6/11/2020 .�4 North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources 5I2 North Salistsa Ystreet 1 1612 Mail Service Center; Raleigh,North Carolina 27699-16I2 919,707.9200