NCC214564_NOV with Inspection Report_20220304

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ROY COOPER .. to
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ELIZABETH S. BISER •,_. '_
BRIAN WRENN N LJH CAROLINA
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03 -"04'2022
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
7017 0190 0000 2485 6998
Jernigan Oil Company
Attn: J. Michael Harrell
PO Box 688
Ahoskie, NC 27910
RE: Project Name: Duck Thru at Spring Hope
Project ID: NASH-2021-029
County: Nash
Compliance Deadlines: 10 days from receipt for SPCA violations
5 days from receipt by certified mail for
Construction Stonnwater Permit NCG 010000 violations
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ROY COOPER
Governor
ELIZABETH S. BISER
secreforl
BRIAN WRENN
Ditertor
NQRTH CAROLINA
Environmental Quality
03104{2022
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
7017 0190 0000 2485 6998
Jernigan Oil Company
Attn: J. Michael Harrell
PO Box 688
Ahoskie, NC 27910
RE: Project Name: Duck Thru at Spring Hope
Project ID: NASH-2021-029
County: Nash
Compliance Deadlines:
Mr. Harrell:
10 days from receipt for SPCA violations
5 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
On February 23,2022, personnel of this office inspected a project located on Hwy 581, Spring
Hope in Nash, 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 7 acres acres being conducted.

Notice of Violations
J. Michael Harrell
03:`04.'2022
Page 2 of 6
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. I I3A-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). Erosion measures were not installed as
required by the approved plan and work was done outside the limits of disturbance
2. Failure to file an acceptable, revised plan after being notified of the need to do so. G.S. 113A-
54.1 (b) and 15A NCAC 4B .0118 (a). A revised plan has not been submitted for the areas
worked outside the limits of disturbance
3. 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). The sediment control for the site was
never completed or installed at all in some places
4. Failure to take measures to protect all public and private property from sedimentation and
erosion damage caused by the land -disturbing activity. 15A NCAC 4B .0105. Sediment has
been lost within the DOT right of way at the exit ramp to Hwy 64 and along Hwy 581
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. All measures not
installed or only partially installed according to the approved plan
6. Failure to conduct or adequately document self -inspections. G.S. 113A-54.1(e) and 15A
NCAC 4B .0131 No stormwater or erosion control inspection records were on site
The violations of the Construction Stormwater Permit NCG 010000 that were found are:
].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 Erosion measures were not installed as required by the
approved plan and work was done outside the limits of disturbance
Rev.05222020

Notice of Violations
J. Michael Harrell
03104/2022
Page 3 of 6
1. Failure to provide ground stabilization, NCG 010000 Part 11, 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 I 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.
2. Failure to meet self -inspection, reporting, and record -keeping requirements. NCG 010000
Part III
a. A rain gauge shall be maintained in good working order on the site.
b. A written record of the daily rainfall amounts shall be retained, and all records shall be
made available upon request.
Ground stabilization measures shall be inspected and documented after each phase of the
plan or grading.
Rev.05222020

Notice of Violations
J. Michael Harrell
03.04 .2022
Page 4 of 6
d. Erosion and sedimentation control measures shall be inspected to ensure that they are
operating correctly. Inspections must also be documented. Inspection records must be
maintained for each inspection event and for each measure. At a minimum, inspection of
measures must occur at the frequency indicated below:
i. All erosion and sedimentation control measures must be inspected by or under the
direction of the permittee at least once every seven calendar days,
ii. All erosion and sediment control measures must be inspected by or under the direction
of the permittee within 24 hours after any storm event of greater than 1.0 inches of rain
per 24-hour period.
e. Once land disturbance has begun on the site, stormwater runoff discharge outfalis shall be
inspected by observation for erosion, sedimentation and other stormwater discharge
characteristics such as clarity, floating solids, and oil sheens. Inspections of the outfalls
shall be made at least once every seven calendar days and within 24 hours after any storm
event of greater than 1.0 inches of rain per 24-hour period.
f. Permittees shall report occurrences of visible sedimentation deposition in a stream or
wetland. Permittees shall also report occurrences of oil spills, releases of hazardous
substances in excess of reportable quantities, bypasses of discharges, or non-compliance
with the conditions of this permit that may endanger health or the environment.
g. An approved erosion and sedimentation control plan, the General Permit NCGO10000, the
Certificate of Coverage, and records of inspections must be kept current, and either onsite
or readily available and accessible during normal business hours.
3. Failure to install and maintain BMPs and control measures, NCG 010000 Part II, Section G.2-
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.
To correct these violations, you must:
1. Submit a remised sediment and erosion control plan for the work performed outside of the limits
of disturbance. This includes any access area, laydoK,n, stockpile and parking areas used for
the benefit of the project
Rev.05222020

Notice of Violations
J. Michael Harrell
03i 0412022
Page 5 of 6
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.
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 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 10 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 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 7 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. Rainfall data and self -inspection or self -monitoring records from the project start to present
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.
5. Reasons why a civil penalty should not be assessed.
Rev.05222020

Notice of Violations
J. Michael Harrell
03/0412022
Page 6 of 6
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.
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: degnc.stov.'E&SC. The permit can be found at the
Division's website at httl2:. 'deq.nc.gov ncg01. Should you have questions concerning this notice
or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact
either Thad Valentine or me at your earliest convenience.
Sincerely,
44
William H. Denton, IV, PE
Regional Engineer
Land Quality Section
WHD'TWV
Enclosures: Sedimentation Inspection Report
Financial Responsibility Form (if cited for no plan)
Erosion Control Plan Checklist (if cited for no plan)
ec: Julie Coco, PE, State Sedimentation Specialist (via e-mail)
Scott Vinson, Division of Water Resources, Regional Supervisor (via e-mail)
Rev.OS222020

North Carolina Department of Environmental Quality
Land Resources: 1628 Mail Service Center, Raleigh, NC 27699 [phone]
County: Nash Project: Duck Thru at Spring Hope River basin: Tar -Pamlico
Person financially responsible: Jernigan Oil Company, Inc. -1 M Harrell, President Project #: NASH-2021-029
Address: PO Box 688, Ahoskie, NC 27910
1. Project Location: Hwy 581, Spring Hope
Pictures: No
2.
3.
4.
5.
6.
Weather and soil conditions: warm dry workable Initial inspection: Yes
Is site currently under notice of violation? No
Is the site in compliance with S.P.C.A. and rules? No If no, check violations below:
Violations:
✓ b. Failure to follow approved plan, G.S. 113A-57(5), G.S. 113A-57(5)
✓ d. Failure to provide adequate groundcover, G.S- 113A-57(3) and 15A N.C.A.C. 4B.0107(b), G.S.
113A-57(3) and 15A NCAC 4B .0107(b)
✓ e. Insufficient measures to retain sediment on site, G-S. It3A•57(3), G.S. I I3A-57(3)
✓ f. Failure to take measures to protect property, I SA N.C.A.C. 4B.0105, 15A NCAC 4B .0105
✓ i. Unprotected exposed slopes, G.S. 113A-57(2), G.S. 113A-57(2)
✓ j. Failure to install and maintain measures, 15A N.C.A.C. 413.0113, 15 NCAC 4B .0113
✓ k. Failure to self -inspect G-S. 113A•54.I(e) and 15A N.C.A.C. 413.0131, G.S. 113A-54.1(e) and 15A
N.C.A.C. 4B.0131
✓ n. Failure to develop or adhere to approved plan, NCG 010000, Part I
✓ p. Failure to provide ground stabilization, NCG 010000 Part 11, E
✓ q. Failure to meet self -inspection, reporting and record keeping requirements, NCG 010000, Part III
✓ r. Failure to install and maintain BMP's, NCG 010000 Part II, G.2-3
Is the site in compliance with NPDES Permit NCG010000 Construction Stormwater requirements?
Describe:
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Other Property
Description: The sediment basin outset and emergency spillway outlet area has sediment loss
Degree of damage: Slight
8. Contact made with (name): No One Title:
Inspection report: Sent Report Date givenlsent: March 01, 2022
9. Corrective action needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan, including
the following locations: The sediment basin, diversion ditches and silt fence and outlets have not
been installed as required and approved
2. Submit a revised sedimentation and erosion control plan for approval for the following areas:
Submit a revised plan for the area by the road used as an access to the site and all areas used for
staging areas of materials and as access that is outside the limits of disturbance
No

North Carolina Department of Environmental Quality
Land Resources: 1628 Mail Service Center, Raleigh, NC 27699 [phone]
3. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan, including the following areas: The entire site
needs to be stabilized according to the approved plan. Nothing has been stabilized and should be
4. Install erosion and sediment control devices sufficient to retain sediment on the tract at the
following areas: The basin and outlet has not been constructed as required and the silt fence is
down or gone in more than one area
5. Take all reasonable measures to prevent sedimentation damage to adjacent properties. There is
obvious areas for sediment to leave the site that have not been taken care of.
6. For disturbed areas less than one acre, provide adequate temporary or permanent ground cover on
all graded slopes where rough or fine grading has been completed for 21 calendar days, including
the following locations: Stabilize the entire site according to the approved plan
7. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage including the following locations: The silt fence silt
fence outlet areas and the basin outlet area
8. Properly handle concrete to avoid contact with surface waters, wetlands or buffers and prevent
discharge from site. There is no concrete washout on site and concrete has been poured
9. 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 at the following areas:
Provide temporary seed and the entire site with mulch
10. Inspect all erosion and sedimentation control measures and storm discharge outfalls at least
weekly and within 24 hours of a rainfall event of 1.0 inch or greater and complete
self -monitoring reports. Nothing has been documented for inspections
11. Maintain a rain gauge in good working order and record daily rainfall amounts. There is no rain
gauge on site
12. Install temporary sediment traps or basins and associated diversions as shown on the approved
plan, including the following locations: Basins and diversions have not been installed
13. Provide an outlet structure that will withdraw water from the surface. The basin was never
completed and doesn't function
14. Provide a copy of the approved sedimentation and erosion control plan and NPDES permit on
site. No plans were available on site
15. Install and maintain
measures to divert storm run-off through the stormwater control facilities, such as but not limited
to temporary sediment traps or basins. All measures have not been installed or maintained
10. Comments: The site has not been stabilized according to the requirements of the approved plan and has
not been stabilized at all since it began
The basin was never completely built nor stabilized as required and the diversions to the basin
have not been installed. The silt fence is down in some places and was never installed in
others.
There is an access off of Hwy 581 that is not on the plans and located outside the limits of
disturbance and there is material being stored or staged outside the limits of disturbance.

North Carolina Department of Environmental Quality
Land Resources: 1628 Mail Service Center, Raleigh, NC 27699 [phone]
PROVIDE:
Provide a revised plan for all work outside the limits of disturbance
Provide seed and mulch on the entire site
Install all measures as required on the approved plan as required by the approved plan
including the concrete washout
Reported by: Thsddeus Valentine
Date of inspection: February 23, 2022
cc:
Others present: No One
Time arriving on site: 2:25 PM Time leaving site: 3:05 PM