SW6100701_NOV_20210513

ROY COOPER ee—
Governor
DIONNE DELLI-GATTI`
Secretary. '. x F WAM
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
May 13, 2021
CERTIFIED MAIL: 7018 0040 0000 4771 9558
RETURN RECEIPT REQUESTED
HCC Investments, LLC
Attn: Jackie Hairr
3077 N. Main Street, Suite 102
Hope Mills, NC 28348
Subject: Notice of Violation (NOV-2021-PC-0286)
State Stormwater Management Permit SW6100701
Traemoor Village
Cumberland County
Dear Mr. Hairr:
On May 6, 2021, Mike Lawyer, Environmental Program Consultant with the Fayetteville Regional Office of the Division` of
Energy, Mineral and Land Resources (DEMLR), conducted a follow-up Compliance Evaluation Inspection at the Traemoor
Village facility located at Lakewood Drive and Rockfish Road in Cumberland County, North Carolina. The purpose of the
follow-up inspection was to ensure compliance with State Stormwater Management Permit SW6100701 that was issued
on August 2, 2012. A copy of the Compliance Inspection Report from the May 6, 2021 follow-up inspection is enclosed for
your review. Also enclosed is a copy of the Notice of Non -Compliance, dated October 5, 2020 resulting from the initial
inspection conducted on September 29, -2020, which was sent to you previously via Certified Mail with confirmation of
delivery on October 8, 2020. As a result of the inspection and subsequent` file review, it has been determined that the
facility is Not Compliant with the conditions of the subject permit and, approved stormwater management plans.
The required actions that are necessary to bring this site into compliance are noted under the Inspection Summary and
Comments sections of the enclosed reports. You are directed to provide this office a written/typed response within 30
calendar days from receipt of this notice. Your written response should specify actions that will be undertaken and the
time frame that will be required to correct the violations. Failure to properly address the violations may result in the
assessment of civil penalties of up to $26,000 per day, per violation. If you have any questions or this office can be of
any assistance, please contact Mike Lawyer at [phone] or via e-mail at [e-mail].
Sincerely,
Timothy L. LaBounty, PE
Regional Engineer
DEMLR
.TL/ml
Enclosures: May 6, 2021 Compliance Inspection Report; October 5, 2020 Notice of Non -Compliance
ec: Fleet Temple, PE — Enoch Engineers, P.A.
Grady Shields - Wyrick Robbins Yates & Ponton LLP
cc: FRO - DEMLR, State Stormwater, Files
North Carolina Department of, Environmental Quality I Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 l Fayetteville, North Carolina 28301
mo++or urw�ma mi �ai, 910.433.3300

Compliance Inspection Report
Permit: SW6100701 Effective:08/02/12 Expiration: 10/11/20
Project: Traemoor Village
Owner: Hcc Investments LLC
County: Cumberland Adress: Lakewood Drive Rockfish Rd
Region: Fayetteville
City/State/Zip: Hope Mills NC 28348
Contact Person: Jackie Hairr
Directions to Project:
Title:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 001 - (Little Rockfish Creek) (03-06-15) ( C)
On -Site Representative(s):
Related Permits:
Inspection Date: 05/06/2021 Entry Time 01:05PM
Primary Inspector: Mike Lawyer `
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone:
Exit Time: 01:25PM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit: SW6100701
Inspection Date: 05/06/2021
Owner - Project: Hcc Investments LLC
Inspection Type Compliance Evaluation
Reason for Visit: Follow-up
Inspection Summary:
Follow-up inspection to the previous inspection that was conducted on September 29, 2020, which resulted in a Notice of
Non -Compliance. A requested written response to the Notice of Non -Compliance letter has not been received. A
completed Designer's Certification and a copy of recorded deed restrictions have not been received. The permit expired
on October 11, 2020 and an application for permit renewal has not been received. At the time of inspection, there was no
apparent change in site conditions with respect to required/necessary maintenance of the stormwater detention pond as
detailed in the previous inspection report.
File Review
Yes
No 'NA NE
Is the permit active?
El❑
❑
Signed copy of the Engineer's certification is in the file?
❑
0 ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
0
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
❑
E ❑ ❑
Comment: Permit expired on October 11, 2020. A completed Designer's Certification and a copy
of recorded deed
restrictions have not been received.
Built Upon Area
Yes
No NA NE
Is the site BUA constructed as per the permit and approval plans?
❑
❑ ❑
Is the drainage area as per the permit and approved plans?
❑
❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system?
❑
❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? E ❑ ❑ ❑
Are the inlets located per the approved plans? E ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment: Stormwater pond appears to have been constructed per the approved plans with the exception of a
second inlet to the forebay channel, which is not depicted on the approved plans.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ 0. ❑ ❑
DWQ upon request?
Comment: There has been no apparent change in site conditions regarding necessary maintenance of the
stormwater pond as detailed in the previous inspection report. Records of inspection and maintenance
have not been provided as requested in the previous inspection report.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ N ❑ ❑
Comment: Permit is now expired and a renewal application has not been received.
page 2

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
CERTIFIED MAIL: 7018 0040 0000 4771 9497
RETURN RECEIPT REQUESTED
HCC Investments, LLC
Attn: Jackie Hairr
3077 N. Main Street, Suite 102
Hope Mills, NC 28348-1735
NORTH CAROLINA
Environmental Quality
October 5, 2020
Subject: Notice of Non -Compliance
State Stormwater Management Permit SW6100701
Traemoor Village
Cumberland County
Dear Mr. Hairr:
On September 29, 2020, a Compliance Evaluation Inspection was conducted at the Traemoor Village facility located at
Lakewood Drive and Rockfish Road in Cumberland County, North Carolina. The purpose of the inspection was to ensure
compliance with State Stormwater Management Permit SW6100701 that was issued on August 2, 2012. A copy of the
Compliance Inspection Report is enclosed foryour review. As a result of the inspection and subsequent file review, it has
been determined that the facility is Not Compliant with the conditions of the subject permit and approved plans.
The required actions that are necessary to bring this site into compliance are noted under the Inspection Summary and
Comments sections of the report. You are asked to provide this office a written/typedresponse within 30 calendar days
from receipt of this letter. Your response should specify actions that will be undertaken and the time frame that will be
required to correct the deficiencies. Failure to provide the requested information may constitute the issuance of a
Notice of Violation, which is subject to the assessment of a civil penalty of up to $25,000 per day, per violation.
If you have any questions or this office can be of any assistance, please contact me at [phone] or by e-mail at
mike. [e-mail].
Sincerely,
Michael Lawyer, CPSWQ
Environmental Program Consultant
Division of Energy, Mineral and Land Resources
Enclosure: Compliance Inspection Report
ec: Grady Shields — Wyrick Robbins Yates & Ponton LLP
cc: FRQ - DEMLR, State Stormwater Files
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I rayettevi lie. North Carolina 28301
NOAr.-ICAFOWNA
o WAU r M awim 910.433.3300

Compliance Inspection Report
Permit: SW6100701 Effective:08/02/12 Expiration: 10/11/20
Project: Traemoor Village
Owner: Hcc Investments LLC
County: Cumberland
Region: Fayetteville
Contact Person: Jackie Hairr Title:
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 001 - (Little Rockfish Creek) (03-06-15 ) ( C)
On -Site Representative(s):
Related Permits:
Adress: Lakewood Drive Rockfish Rd
City/State/Zip: Hope Mills NC 28348
Inspection Date: 09/29/2020 Entry Time 11:55AM
Primary Inspector: Mike Lawyer
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant. Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone:
Exit Time: 12:30PM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit: SW6100701 Owner - Project: Hcc Investments LLC
Inspection Date: 09/29/2020 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Although the stormwater detention pond appears to have been installed per the approved plans, it was evident at the tiiMe,
of inspection that proper operation and maintenance has not been conducted. There is an over -abundance of invasive
cattails growing throughout the edges of the forebay, forebay channel, and main pond as well as around the inlet and
outlet structures and within the outlet channel. There are also trees such as pine growing along the forebay berm. Due
the presence of this vegetation, a thorough evaluation of other components and aspects of the stormwater control
measure such as bank erosion, sediment deposition, proper functioning of the outlet structure, etc. could not be
conducted. An additional inlet into the forebay channel was observed, which is not depicted on the approved plans.
Appropriate maintenance must be conducted on all components of the permitted stormwater control measure per the
conditions of the permit and/or Stormwater Design Manual to ensure proper operation and to meet approved design
criteria. This includes, but is not limited to; proper vegetation management, repair and stabilization of any eroded areas
removal of any accumulated sediment from the bottom of the forebay and main pond, any necessary repair of inlet an4
outlet structures. A completed Designer's Certification as well as a copy of recorded deed restrictions must be submitted
for the file. An application for renewal of the permit must be submitted.
page 2

Permit: SW6100701 Owner - Project: Hcc Investments LLC
Inspection Date: 09/29/2020 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No NA NE
�"Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ N ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑
Comment: Permit is currently active but set to expire on October 11 2020 and a renewal application has not been
received. A completed Designer's Certification and copy of recorded deed restrictions have not been
received.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑
Comment: Not Evaluated. All projects/BUA covered by this permit have not been constructed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? M ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment: A second inlet was observed during the inspection which is not depicted on the approved plans.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ N ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ E
DWQ upon request?
Comment: The permitted detention pond has not been properly maintained See inspection summary for details.
Copies of any/all inspection and maintenance records pertaining to the permitted detention pond need fo
be submitted for review.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑■❑❑
Comment: A permit renewal application has not been submitted at least 180 days prior to the expiration date of the,
permit.
page 3