20191577 Ver 1_Other Agency Correspondence_20221007

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
October 7, 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 — 7022 0410 0002 1249 4349
RETURN RECEIPT REOUESTED
Tennoca Construction Company
Attn: Bradley Goodson, President
P.O. Box 2379
Candler, NC 28715
Walbridge Southeast LLC
Attn: Mr. Michael Bedell
2201 South Boulevard, Suite 300
Charlotte, NC 28203
RE: Project Name: Project Ranger — Site Construction
Project ID: BUNCO-2020-006
County: Buncombe
Compliance Deadlines: 30 days from receipt for SPCA violations
30 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Sir or Madam:
On October 5, 2022, personnel of this office inspected a project located off NC 191, in Buncombe
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 Stonnwater Permit NCG 010000). The inspection revealed
a land -disturbing activity of approximately 66.35 acres being conducted.
D_E
Department M fmLonnmYl WnNIXITHCOPOLINA
tl�
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
828.296.4500

Tennoca Construction Company, Walbridge Southeast LLC
October 7, 2022
Page 2 of 4
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). Measures have not been installed
and/or maintained as shown on the approved plan.
2. 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.
Measures have not been installed and/or maintained per the approved plan.
Sediment has washed into an unnamed tributary to the French Broad River (Class
B).
3. 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). Measures have not been installed and/or
maintained as shown on the approved plan. As a result, sediment has washed
approximately 100 yards into an unnamed tributary to the French Broad River (Class
13).
4. 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.
Sedimentation and erosion control measures have not been installed and/or
maintained as shown on the approved plan.
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. Measures have not been installed and/or
maintained as shown on the approved plan.
2. Failure to install and maintain BMPs and control measures, NCG 010000 Part II, Section
G.2-3. The pennittee 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. Sedimentation and erosion control measures have not been
installed and/or maintained as shown on the approved plan.

Tennoca Construction Company, Walbridge Southeast LLC
October 7, 2022
Page 3 of 4
To correct these violations, you must:
1. Install measures as shown on the approved plan.
2. Clean, repair, and maintain the concrete inlet drop box above basin #6.
3. Clean, repair, and add stone to the riprap apron below the drop box outlet pipe.
4. Install additional measures needed to retain sediment onsite.
5. Submit a sediment removal plan for approval for the unnamed tributary to the French Broad
River (Class B).
6. Establish a groundcover on all areas to grade.
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 30 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 Stormwatcr 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 20 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 30 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 he
completed.
2. Rainfall data and self -inspection or self -monitoring records from September 1,
2022, to October 7, 2022.
3. A plan of action to prevent future violations.

Tennoca Construction Company, Walbridge Southeast LLC
October 7, 2022
Page 4 of 4
4. Submit a sediment removal plan for approval for the unnamed tributary to the
French Broad River (Class B).
5. 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 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://deq.nc.gov/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 Shawna Riddle or me at your earliest convenience.
Sincerely,
aniey
Regional Enter
Land Quality Section
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
cc: Julie Coco, PE, State Sedimentation Specialist, ([e-mail])
Deborah Reese, Administrative Assistant, ([e-mail])
William E. Vinson, PE, Section Chief and NCORR Liaison ([e-mail])
Albert B. Cole, PE, Section Chief of Regional Operations, ([e-mail])
Landon Davidson, PG, Regional Supervisor Water Quality Regional Operations Section
[e-mail])

Sedimentation/Construction Stormwater Inspection Report
Nort Caro ma Department o Environmenta Qua ity
Division of Energy, Mineral and Land Resources
County: Buncombe Project: Project Ranger - Site Construction River basin: French Broad
Person financially responsible: Tennoca Construction Company , Walbridge Southeast LLC Project # 2020-006
Address: PO Box 2379 Candler, NC 28715, 2201 South Boulevard, Suite 300,Charlotte, NC 28203 Case /1
1. Project location: NC 191
Pictures: No: ❑ Ycs: ❑✓ Video: ❑ Digital: ❑✓
2. Weather and soil conditions: dry, Pc First inspection: Yes: ❑ No:
3.a. Ilas NCG01 Certificate of Coverage been issued at time of inspection? Yes: ❑✓
3.b. NCGOI Certificate of Coverage onsite? Yes: ❑✓ No: ❑ Not Applicable: ❑
4. Is site currently under notice of violation? Yes: El No: ❑✓
5. Is the site in compliance with S.P.C.A. and rules? Yes: 0 No: ❑✓
6. Violations:
❑ a, No approved plan, G.S. 113A-57 (4) and l5A N.C.A.0 4B.0107(c)
❑✓ b. Failure to follow approved plan, G.S. 113A-57(5)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.A.C. 413.01 18(a)
d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A N.C.A.C. 4B.0107(b)
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
❑ f. Failure to take measures to protect property, 15A N.C.A.C. 4B.0105 ❑
No: 0
If no, check violations below:
B
21
❑✓
g. Inadequate buffer zone, G.S. 113A-57(1)
h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(e)
i. Unprotected exposed slopes, G.S. 113A-57(2)
j. Failure to install and maintain measures,
15A N.C.A.C. 4E30113
k. Failure to self -inspect G.S. 113A-54.1(e) and
15A N.C.A.C. 4B.0131
1. Other (describe)
7. Is the site in compliance with NPDES Permit NCG 010000? Yes: 0 No: ❑✓ Not Applicable: 0 If no, check violations below:
❑ ur. Discharge without a permit, G.S. 143-215,1(a) and
15A N.C.A.C. 0211 .0126
✓❑ n. Failure to develop or adhere to approved plan,
NCG 010000, Part I
❑ o. Failure to manage construction site pollutants, NCG 010000 Part II, F
❑ p. Failure to provide ground stabilization, NCG 010000 Part II, E
❑ q. Failure to meet self -inspection, reporting and record -keeping
r. Failure to install and maintain BMP's,
NCG 010000 Part II, G.2-3
s. Failure to dewater sediment basin from surface,
NCG 010000, Part II, 6.8 or G.4
t. Bypass of stormwater control facilities,
NCG 010000, Part If, G.5-6
u. Other (describe)
requirements, NCG 010000, Part III
8. Site out of compliance with NOV deadline? Yes: 0 No: 0 Not Applicable: ❑✓
9. Ilas sedimentation damage occurred since last h\spection or at I" inspection? Yes: ❑✓ If yes, where? (check all that apply) No: ❑
Lake/natural watercourse on the tract: ❑✓ Lake/natural watercourse off the tract: ❑ Other property: ❑
Description: Approximately 100 yards of sediment has washed into an unnamed tributary to French Broad River (Class B).
Stormwater Discharge Outfall with sediment loss:
Degree of damage: slight: ❑� moderate : ❑
10. Contact made with (name): Kevin Reeves
severe : ❑
Title: Project Manager
Inspection report given: ❑ or sent: ❑✓ to person financially responsible. Date given/sent: 10/7/22
11. Corrective actions needed:
Install measures as shown on the approved plan. Establish a groundcover on all areas to grade.
Clean, repair, and maintain the concrete inlet drop box above basin #6.
Clean, repair, and add stone to the apron below the drop box outlet pipe.
Install additional measures needed to retain sediment onsite.
Submit a sediment removal plan for approval for the unnamed tributary to the French Broad River (Class B).
Report by: Shawna Riddle Others present:
Date of inspection: 10/5/22
Time arriving on site: 2:30 pin Time leaving site: 3:00 pin
ec: Page 1 of
Revised 02122021

SEDIMENTATION INSPECTION REPORT
ort aro ina Department o Environmenta Qua ity
Division of Energy, Mineral and Land Resources
County : Buncombe Project: Project Ranger - Site Construction Project # 2020-006
11. Corrective actions needed (continued)
❑ Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed.
❑✓ Install all sedimentation and erosion control measures as shown on the approved plan.
❑ Submit a revised sedimentation and erosion control plan for approval for the following areas:
❑ 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:
❑ Install erosion and sediment control devices sufficient to retain sediment on the tract at the following areas:
❑ Install temporary sediment traps or basins and associated diversions as shown on the approved plan, including the following locations:
❑✓ Install adequate drop inlet protection as shown on the approved plan, including the following locations:
0 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 (minimum 25-foot width in Trout Waters) including the following areas:
❑ Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established including the following locations:
❑ 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:
❑ Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation
damage including the fallowing locations
❑ Inspect site and document self -inspections during or after each phase of the plan.
❑ Obtain NCG010000 Certificate of Coverage as required.
❑ Properly handle concrete to avoid contact with surface waters, wetlands or buffers and prevent discharge from site.
El Relocate soil stockpiles at least 50 feet away from storm drain intets or surface waters.
❑ l'rovide adequate temporary or permanent ground cover on areas where land -disturbing activity has ceased in 7 or 14 days according to
NCG 01000 pennit conditions at the following areas:
❑ Provide and dewater sediment basins with a drainage area of one acre or greater with a skimmer or flashboard riser.
0 Route the flow of stormwater from the following location(s) into a control facility or measure:
❑ 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.
❑ Maintain a rain gauge in good working order and record daily rainfall amounts.
12. Comments:
Site inspection due to a complaint.
Report by: Shawna Riddle Date of inspection: 1015/22 Page of
Revised 02122021

SEDIMENTATION INSPECTION REPORT
County : Buncombe
ort aro ma Department o Environmenta Qua ity
Division of Energy, Mineral and Land Resources
Project: Project Ranger - Site Construction Project # 2020-006
Check only one box, if closing out project.
❑ Permanent ground cover sufficient to restrain erosion has been established. No additional self -inspection or monitoring is
required. Project is released and coverage under the NPDES General Stormwater Permit for Construction Activities is terminated.
❑ Permanent ground cover sufficient to restrain erosion has been established. No additional self -monitoring or self -inspections
are required. Project is in compliance and released under the SPCA. Termination of coverage under the NPDES General
Stormwater Permit for Construction Activities (NCGOI) must be requested by the permittee via a Notice of Termination (NOT).
The NOT is available at: https://edocs.deq.nc.gov/Forms/NCG01-Termination. Please note that this correspondence must be
uploaded as part of completing the NOT process.
Report by: Shawna Riddle Date of inspection: 10/5/22 Page of
Revised 02122021