NCC222209_CUMBE-2022-182 NOV_20221011

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
October 11, 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 REOUESTED
7020 3160 0000 38351650
H & H Constructors of Fayetteville, LLC
Attn: Leslie Groves, Vice President of Sales
3709 Raeford Road, Suite 200
Fayetteville, NC 28304
RE: Project Name: Sweetwater Subdivision, Phase 1 — Lots 1-9, 11-13, 15-19,
25 & 57
Project ID: CUMBE-2022-182
County: Cumberland
Compliance Deadlines: 20 days from receipt for SPCA violations
20 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000
violations
Dear Ms. Groves:
On October 6t1i and 71h, 2022, personnel of this office inspected a project located on
Emerald Stone Loop and Sapphire Stone Lane, Pierces Mill Township, in Cumberland
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
North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources
Fayetteville Regional office 1 225 Green Street, Suite 714 1 Fayetteyille, North Carolina 28301

Notice of Violations
H & H Constructors of Fayetteville, LLC
10/11/2022
(Construction Stormwater Permit NCG 010000). The inspection revealed a land -
disturbing activity of approximately 6,43 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 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).
Sedimentation and erosion control measures sufficient to restrain erosion and retain
sediment within the boundaries of the tract have not been established.
3. Failure to take all reasonable measures to protect all public and private property
from damage by such land disturbing activities. 15A NCAC 4B .0105
Private property has been damaged as the result of failing to take reasonable preventive
measures.
4. Failure to retain along a lake or natural watercourse a buffer zone of sufficient
width 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 Iand
disturbing activity has not been established.
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Notice of Violations
H & H Constructors of Fayetteville, LLC
10/11/2022
5. Failure to maintain on graded slopes and fill areas, 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(d).
Graded slopes and fill areas are at angle which cannot be retained by vegetated cover,
erosion control devices or structures.
6. Failure to install and maintain all 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.
Erosion and sedimentation control measures have not been installed.
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
Failure to adhere to the erosion and sedimentation and erosion control plan.
2. 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 erosion and
sedimentation control measures as required by this permit and the approved erosion
and sedimentation control 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.
Erosion control measures have not been installed and maintained.
To correct these violations, you must:
1. Install and maintain all sedimentation and erosion control measures as required.
2. Install and maintain all appropriate protective/stabilization measures.
3. Address applicable sediment impacts to the off -site property.
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Notice of Violations
H & H Constructors of Fayetteville, LLC
10/11/2022
4. Address applicable sediment impacts to the off -site wetland and natural
watercourse. We recommend coordinating with a professional (i.e. wetland
specialist) knowledgeable of current applicable regulatory requirements for
guidance.
5. Reduce the angle of graded/existing slopes to an angle on which vegetation may
be established.
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 20
calendar 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 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 up to 20
calendar days from receipt of this Notice by certified mail to address the violations
listed above and must submit in writing reasons why the civil penalty should not be
assessed. Accordingly, you are directed to respond to this letter in writing within 10
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 action listed above has been or will be corrected.
2. Reasons why a civil penalty should not be assessed.
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
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Notice of Violations
H & H Constructors of Fayetteville, LLC
10/11/2022
extent of harm to the environment and the duration 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
hit :1/de .nc.aov/E&SC. The permit can be found at the Division's website at
http://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 Ms. Melissa
Joyner or me at your earliest convenience.
Sincerely,
Timothy L. LaBou , PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation/Construction Stormwater Inspection Report
Resources for Technical Assistance — Erosion and Sedimentation 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)
Danny Smith, PE, State Stormwater Specialist (via email)
Trent Allen, Regional Supervisor, Division of Water Resources (via email)
Deborah Reese, Administrative Assistant (via email)
DEMLR Regional Office File
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North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
Sweetwater Subdivision, Phase 1-Lots
County: Cumberland Project: 1-9, 11-13, 15-19, 25 & 57 River basin: Cape Fear
Person financially responsible: H&H Constructors of Fayetteville, LLC - Leslie Project #: CUMBE-2022-182
Groves, VP of Sales NCC222209
Address: 3709 Raeford Road, Suite 200, Fayetteville, NC 28304
1. Project Location: Emerald Stone Loop & Sapphire, Pearces Mill Twp
Pictures: Yes - Digital
2. Weather and soil conditions: dry, 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:
✓ 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. 413.0105, 15A NCAC 413 .0105
✓ g. Inadequate buffer zone, G.S. 113A-57(1), G.S. 113A-57(1)
✓ h. Graded slopes and fills too steep, G.S. 113A-57(2) or I5A N.C.A.C. 4B.0124(e), G.S. 113A-57(2)
or 15 NCAC 4B .0124(d)
✓ i. Failure to install and maintain measures, 15A N.C.A.C, 4B4O113, 15 NCAC 4B .0113
✓ n. Failure to develop or adhere to approved plan, NCG 010000, Part I
✓ r. Failure to install and maintain BMP's, NCG 010000 Part II, G.2-3
G. Is the site in compliance with NPDES Permit NCG010000 Construction Stormwater requirements?
Describe: Refer to Violations n and r.
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
No
✓ Lake/Natural watercourse off the tract
✓ Other Property
Description: hots 8 and 9 - Sediment was impacting an off -site wetlands and natural watercourse. Lots 2, 3, 4, 5, 7, 13,
15-18, 25 and 57 — Sediment was in the street.
Degree of damage: Moderate
8. Contact made with (name): No one Title:
Inspection report: Sent Report
9. Corrective action needed:
Date given/sent: October 11, 2022
1. Install all sedimentation and erosion control measures as shown on the approved plan.
2. Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation
within the 25 % of the buffer nearer the land disturbance using natural or artificial means.
3. Stabilize all inactive, bare and eroding slopes with groundcover.
4. Install erosion and sediment control devices sufficient to retain sediment on the tract.
5. Contact a professional Wetland Specialist for guidance in regards to the possible removal of
the sediment from the wetlands and natural watercourse.
6. Take all reasonable measures to prevent sedimentation damage to adjacent properties.

North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
10. Comments: 1. Lots 7, 8 and 9 - The construction entrances needed maintenance. Silt fence was partially
installed on the front of the lots. No wattles or reinforced silt fence outlets were installed.
There was gully erosion in the drainage easement between Lots 8 and 9. Water and sediment
had left the project construction limits, had gone through a breached berm downslope of Lot
8, overtopped a silt fence in need of maintenance downslope of this location, went through a
downslope silt fence outlet which needed maintenance and impacted an off -site wetlands and
natural watercourse. Downslope of Lots 7 and 8 there were bare slopes and a swale which had
also produced off -site water and sediment through the breached berm. The berm will need to
be re-established and the silt fence and silt fence outlet repaired. A professional Wetland
Specialist should be contacted for guidance in regards to the possible removal of the sediment
from the wetlands and natural watercourse.
2. Lots 13 and 18 - No construction entrances were installed. Sediment was in the street in
need of removal.
3. Lots 2, 3, 4, 5, 7, 15-17, 25 and 57 - Construction entrances needed maintenance with
sediment in the street in need of removal.
4. Lots 6, 11, 14 and 19 - Construction entrances needed maintenance.
5. Lot 25- Silt fence needed maintenance.
6. Please email the Inspector the self -inspection forms for the last four weeks of the project.
Reported by: Melissa Joyner Others present:
Date of inspection: October 06, 2022 Time arriving on site: 11:10 AM Time leaving site: 12:20 PM
October 07, 2022 09:45 AM 10:45 AM
cc:

ROY COOPER
Governor
ELIZABETH S. B.ISER.
Secretary
BRIAN WRENN
Uiromr
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://Portal.ncdenr.org/web/ir/erosion
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. A direct link to the design manual may be found here:
htt ortal.ncdenr.or web Ir 576
• 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 http://www.ncblss.org/
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.
North Carolina Department ofEnvirar€mentai Quality Dirti%im of rnergy, Mineral and Land Resources
DWO Fayetteville Regional office I ��SCr�ere5treet,5uit�7t�f Fayetteville.NcarthC;arGdira¢a28301
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Land Quality Section Regional Office Contact Information
Asheville Regional Office
2090 US Highway 70
Swannanoa,NC 28778
[phone]
Regional Engineer: Stan Aiken, PE
Mooresville Regional Office 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
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
[phone]
Regional Engineer: Tamera Eplin, PE
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
[phone]
Regional Engineer: Dan Sams, PE