MOORE-2019-029_NOV_20210816

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
EnvironmentatQuaitty
August 16, 2021
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7019 0700 0000 3643 3193
Moore County Board of Education
Attn: John Birath
P.O. Box 1180
Carthage; NC 28377
RE: Project Name: Morganton Park School
Project ID: MOORE-2019-029
County: Moore
Compliance Deadlines: 21 days from receipt for SPCA violation
21 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Birath:
On August 04, 2021, personnel of this office inspected a project located off of Morganton
Road, Southern Pines in Moore 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 24.85 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
�i � Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
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910.433.3300

Notice of Violations
Moore County Board of Education
August 16, 2021
Page 2offi
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 4B .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.
Silt fence, silt fence outlets and sediment basin have not been maintained per approved
sediment and erosion control plan.
PE North Carolina Department of Environmental Quality Division of Energy Mineral and Land Resource's
�,O
Fayetteville Regional Office 1 223 Green Street, Suite 7141' Fayetteville, North Carolina,28301
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Notice of Violations
Moore County Board of Education
August 16, 2021
Page 3 of 6
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.
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.
North Carolina Department of Environmental Quality', Division of Energy, Mineral and Land. Resources
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Fayetteville Regional: Office 1 725 Green Street. Suite 7141 Fayetteville, North Carolina.28301
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910.433.3300

Notice of Violations
Moore County Board of Education
August 16, 2021
Page 4 of 6
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 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.
Silt fence, silt fence outlets and sediment basin have not been maintained per
approved sediment and erosion control plan.
To correct these violations, you must:
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.
3. Maintain all sedimentation and erosion control measures as specified in the approved plan.
Silt fence, silt fence outlets and sediment basin require maintenance. Remove sediment
deposits and provide ground cover on embankments where vegetation is sparse. Please
take appropriate actions for all sediment and erosion control measures 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, including civil penalty assessments
North Carolina Department of Environmental Quality I Division of Energy Mineral and Land Resources
Fayetteville Regional Office 1 225 Green: Street, Suite 7141Fayetteville,North Carolina.28301'
910,433.3300

Notice of Violations
Moore County Board of Education
August 16, 2021
Page 5 of 6
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 21 days from
receipt 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 5 calendar days from receipt of this
Notice 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 days from receipt
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:
The date by which the corrective actions listed above have been or will be completed.
2. A plan of action to prevent future violations.
2. A plan for restoration of sedimentation damage.
3. Reasons why a civil penalty should not be assessed.
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.
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 violation(s) will be considered in any
civil penalty assessment process that may occur.
North Carolina Department of Environmental Quality 1. Division of Energy, Mineral and Land Resources
Fayetteville Regional. Office 1 225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
owa D m 910.433.3300

Notice of Violations
Moore County Board of Education
August 16, 2021
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:Hdeg.nc.gov/ncgOl. Should you have
questions concerning this notice or the requirements of the SPCA and Construction
Stormwater Permit NCG 010000 please contact either Penny Markle or me at your earliest
convenience.
Sincerely,
Timothy L. LaBo PE
Regional Engineer
DEMLR
TLL/pdm
Enclosures: "Sedimentation Inspection Report
Resources for Technical Assistance- Erosion and Sediment Control
cc: Toby Vinson, PE, CPESC, CPM; Chief of Program Operations (via email)
Brad Cole, PE, Section Chief, Regional 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
North Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green. Street, Suite 7141 Fayetteville, North Carolina.28301
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North Carolina Department of Environmental Quality
Land Resources: Systel.Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
County: Moore Project: Morganton Park School
Person financially responsible: Moore County Board of Education - John Birath,
Executive Officer for Operations
Address: P.O. Box 1180, Carthage, NC 28327
1. Project Location: Carlisle Street, Southern Pines
Pictures: No
2. Weather and soil conditions: Cloudy
River basin: Lumber
Project #: MOORE-2019-029
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)
✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3), G.S. 113A-57(3)
✓ f. Failure to take measures to protect property, 15A N.C.A.C. 4B.0105, 15A NCAC 4B .0105
✓ 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 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?
Describe:
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Lake/Natural watercourse off the tract
Description: Sediment on adjacent property and stream
Degree of damage: Moderate
8. Contact made with (name): Title:
Inspection report: Sent Report Date given/sent: August 06, 2021
9. Corrective action needed:
I. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
2. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
3. Install erosion and sediment control devices sufficient to retain sediment on the tract.
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.
10. Comments: 1. 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
secure, mulched seeding or appropriate riprap) is established which is, in fact, sufficient to
restrain accelerated man-made erosion.
2. Slope failure in multiple areas on back side of the project. These areas need to be

North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
regraded and stabilized.
3. Take all reasonable measures to keep sediment on site.
4. Provide additional ground cover to swale on left side of project.
5. Coordinate with adjacent property owner of sediment clean-up.
6. Maintain all sediment and erosion control measures until there is enough permanent ground
cover to restrain sediment from leaving project limits.
7. Corrective action is required,
8. Re -inspect in 21 days of receipt date on inspection report.
Reported by: Penny Markle Others present:
Date of inspection: August 04, 2021 Time arriving on site: 10:44 AM Time leaving site: 11:15 AM
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)
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

ROY COOPER
Governor
DIONNE DELLI-GATT1
Secretary
BRIAN WRENN
Director
NORTH CAROLINA.
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.ncbe1s.org/
NC Board of Licensed Soil Scientists: https://ncblss.wordpress.ncsu.edu/
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.
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North Carolina Department of Environmental Quality I Division: of Energy. Mineral and Lana Resources
Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
91OA33 300

Land Quality Section Regional Office Contact Information
Asheville Regional Office
2090 US Highway 70
Swannanoa, NC 28778-8211
[phone]
Regional Engineer: Stan Aiken, PE
Mooresville Regional Office
Iredell County Government
Center South Building
610 East Center Avenue
Mooresville, NC 28115
[phone]'
Regional Engineer: Zahid Khan, CPESC, CPSWQ
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
[phone]
Regional Engineer: Samir Dumpor, PE
Fayetteville Regional Office
225 Green Street (Systel Building), Suite 714
Fayetteville, NC 28301-5094
[phone]
Regional Engineer: Tim LaBounty, PE
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Mail: 1628 Mail Service Center
Raleigh, NC 27699
[phone]
Regional Engineer: Bill Denton, PE
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
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
NorthCarolinaDepartment. of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center 1 Raleigh,North;Carolina 27699-1612
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