HOKE-2022-500_NOV_20210928

STATe
ROY COOPER 22$$
Governor
ELIZABETH S.BISER
Secretary ✓ `�
BRIAN WRENN NORTH CAROLINA
Director Environmentai.QuaRty
September 28, 2021
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 4772 0233
J&K General Contractor Inc.
Attn: Shahbain Mubarak, Registered Agent
P.O. Box 2048
Raeford,NC 28376
RE: Project Name: J&K Property
Project ID: HOKE-2022-500
County: Hoke
Compliance Deadlines: 21 days from receipt days from receipt for SPCA violation
21 days from receipt days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Mubarak:
On August 24, 2021, personnel of this office inspected a project located on Rockfish Road,
Raeford 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 1.93
acres being conducted.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Fayetteville Regional Office 1225 Green Street.Suite 71.41 Fayetteville,North Carolina 28301
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Notice of Violations
J&K General Contractors Inc.
September 28,2021
Page 2 of 5
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 file an erosion and sedimentation control plan with this office 30 or more
days prior to initiating any land-disturbing activity that will disturb more than one
acre on a tract, failure to secure this office's prior approval of the plan for any land-
disturbing activity prior to beginning the land-disturbing activity.. G.S. 113A-
54(d)(4), G.S. 113A-57(4) and 15A NCAC 4B.0107(c).
An erosion and sedimentation control plan has not been submitted for a land-
disturbing activity on a tract of land that exceeds one acre.
2. Failure to retain a buffer zone of sufficient width along a lake, trout water or natural
watercourse (25-foot minimum for trout waters) in which to confine visible siltation
by natural or artificial means within the 25 percent of that portion of the buffer zone
nearest the land-disturbing activity. G.S. 113A-57(1).
A buffer zone of sufficient width to confine siltation by natural or artificial means
within the twenty-five (25) percent of that portion on the buffer zone nearest the
land disturbing activity has not been established.
The violations of the Construction Stormwater Permit NCG 010000 that were found
are:
1. Discharge of stormwater without a permit. Because the land-disturbing activity does
not have an approved erosion and sedimentation control plan it does not have
coverage under the Construction Stormwater Permit NCG 010000 and you are not
permitted to discharge stormwater. G.S. 143-215.1(a) and 15A NCAC 2H .0126
To correct these violations,you must:
1. Submit 2 of copies of an approvable sedimentation and erosion control plan,financial
responsibility ownership form and the appropriate plan review fee to this
office. Until the required plan has been approved,no land-disturbing activity may be
conducted, except that which is necessary to bring the site into compliance. Until an
erosion and sedimentation plan has been approved, any land-disturbing activity,
except that which is necessary to bring the site into compliance, will constitute
additional violations of the SPCA and G.S. 143-215.1(a) and 15A N.C.A.C.
02H .0126. Following our review of the plan within30 days of receipt, this office
North Carolina Department of Environmental Quality Division of Energy.Mineral and Land Resources
Fayetteville Regional Office. l 225 Green Street,Suite 7141 Fayetteville,North Carolina.28301
�./ 410.433({300

Notice of Violations
J&K General Contractors Inc.
September 28,2021
Page 3 of 5
will notify you that the plan has been approved, approved with modifications or
disapproved. Following approval of the plan,all land-disturbing activity on the site
must be conducted in accordance with the terms of the approved plan,the SPCA and
the implementing rules and Construction Stormwater Permit NCG 010000.
2. Obtain a Certificate of Coverage under the Construction Stormwater Permit NCG
010000.
As of April 1, 2019, all new construction activities are required to complete and
submit an electronic Notice of Intent (eNOI) form requesting a Certificate of
Coverage (COC) under the NCG010000 Construction Stormwater General Permit.
This form must be submitted and COC issued prior to the commencement of any land
disturbing activity on the above-named project. The eNOI form may be accessed at
deq.nc.gov/NCGOI.Please direct questions about the eNOI form to Annette Lucas at
[e-mail] or Paul Clark at [e-mail].
After you submit a complete and correct eNOI Form, a COC will be emailed to you
within three(3)business days following receipt of the initial$100 annual fee.A$100
annual fee will be charged until a Notice of Termination (NOT) is completed
requesting rescission of coverage under the NPDES Stormwater Permit issued for
subject site. NPDES Construction Stormwater fee(s) must be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
3. Install sedimentation and erosion control measures sufficient to retain sediment on
the site.
4. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
5. Install appropriate protective/stabilization measures on all inactive,bare slopes.
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 maybe 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 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
�„ North Carolina Department of Environmental Quality Dwisionof Energy.Mineral and Land.Resources
Fayetteville Regional Office 1225 Green Street.Suite 7141 Fayetteville,North Carolina 28301
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Notice of Violations
J&K General Contractors Inc.
September 28,2021
Page 4 of 5
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 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 days from 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. A plan for restoration of sedimentation damage.
4. 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 and/or civil penalty assessment 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.
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
North Carolina Department.of Environmental Quality I.:Division of Energy Mineral and Land Resources
�E Fayetteville Regional Office 1225 Green:street,Suite 7141 Fayetteville,North Carolina.28301
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Notice of Violations
J&K General Contractors Inc.
September 28, 2021
Page 5 of 5
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 htt):Hdeg.ne.gov/ncg01. 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. LaAQwfty,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 EnAronmental Quality Division of Energy,Mineral and Land Resources _
Fayetteville Regional Office 1225 Green Street,Suite 7141 Fayetteville,North Carolina 28301
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Sediiiieiitatioii/CoiistrLictioiI Stormwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building,225 Green Street, Suite 714,Fayetteville,NC 28301-5094
[phone]
County: Hoke Project: J&K Property River basin:. Cape Fear
Person financially responsible:J&K General Contractor,Inc.-Shahbain Project k: HOKF-2022-500
Mubwak,Registered Agent
Address: P.O.Box 2048,Raeford,NC 28376
1.. Project Location: Rockfish Rd,Raeford
Pictures: No
2. Weather and soil conditions: sunny/partly cloudy workable soils Initial inspection: Yes
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:
✓ a.No approved plan,G.S. 113A-57(4)and 15A N.C.A.0 4B.0107(c),G.S. 113A-57(4)and 15A
NCAC 4B .0107(c)
✓ in.Discharge without a permit,G.S. 143-215.1(a)and 15AN.C.A.C.02H.0126
6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements? No
Describe:
7. Has sedimentation damage occurred since last inspection? No If Yes,where? (check all that apply)
Degree of damage:
8. Contact made with(name): Title:
Inspection report: Sent Report Date given/sent: September 21,2021
9. Corrective action needed:.
1. Submit an adequate sedimentation and erosion control plan for approval,covering all areas
disturbed or to be disturbed.
2. As of April 1,2019,all new construction activities are required to complete and submit an
electronic Notice of Intent(eNOI)form requesting a Certificate of Coverage(CDC)under the
NCGO10000 Construction Stormwater General Permit.This form MUST be submitted and COC
issued prior to the commencement of any land disturbing activity on the above-named project.
The eNOI form may be accessed at deq.nc.gov/NCGO1.Please direct questions about the eNOI
form to Annette Lucas at [e-mail] or Paul Clark at [e-mail].
After you submit a complete and correct eNOI Form,a COC will be emailed to you within three
(3)business days following receipt of the initial$100 annual fee.A$100 annual fee will be
charged until a Notice of Termination(NOT)is completed requesting rescission of coverage
under the NPDES Stormwater Permit issued for subject site.NPDES Construction Stormwater
fee(s)must be sent to the DENILR Stormwater Central Office staff in Raleigh.
10. Comments: 1.Submit an adequate sediment and erosion control plan for approval covering all the areas
disturbed. -
2.Submit an electronic Notice of Intent(eNOI)form requesting a Certificate of Coverage -
(COC)under the NCGO10000 Construction Stormwater General Permit. (See corrective -
action above)

Sediiiieiitatioii/CoiistrL[CtiOlI Stormwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building,225 Green Street, Suite 714,Fayetteville,NC 28301-5094
[phone]
Reported by: Penny Markle Others present:
Date of inspection: August 24,2021 Time arriving on site: 8:40 AM Time leaving site: 9:05 AM
cc:

F:
ROY'COOPER
GoreGnar
EUZABETH S:BESER
Secretary-
BRMN WRENN NORTH CAROLINA
Director Environmental Q=Uty
Resources for Technical Assistance—Erosion and.Sedimentation Control
i
i
Erosion and Sedimentation Control Plan Requirements and Submittal Documents:
DEQ Erosion and Sedimentation Program Website: http,/fdea.nc.gov/E&SC
On this page,you wilt 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&SE 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 word press.ncsu.edu/
Certified Professionals in Erosion and Sediment Control: http•//www.cpesc.orgZ
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 Environmental Quality I Division of Energy,Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street,Suite 714 1 Fayetteville,North Carolina 28301
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I
Land Quality Section Regional Office Contact information
I
NlItn ington
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 j
[phone] [phone]
Regional Engineer: Stan Aiken, PE Regional Engineer: Tim LaBounty, PE
I '
1
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
i
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 Dumpor, PE Regional Engineer: Dan Sams, PE
i
Winston-Salem Regional Office
450 West Hanes Mill Road,Suite 300
Winston-Salem, NC 27105
[phone]
Regional Engineer: Tamera Eplin, PE,CPESC
I
Rev.6/11/202U 1
I
ATI,
North Carolina Department of Environmental Quality 1 Division of Energy,.Mineral and Land Resources512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina27699-1612
�/. /' 919.707.9200