HOKE-2019-001_NOV_20201222

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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
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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
[phone]
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
[phone]
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
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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
[phone] [phone]
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
[phone] [phone]
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
[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, 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