20150041 Ver 1_Notice of Violation_20151125

Burdette, Jennifer a
From: Higgins, Karen
Sent: Monday, November 30, 2015 3:13 PM
To: Burdette, Jennifer a
Subject: FW: 11/25/2015 Stormwater NOV, Charah Rail Spur Access Road, Chatham County
Attachments: swnov112015chath2016800.pdf
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Holley, John
Sent: Wednesday, November 25, 2015 9:38 PM
To: Glenn Amey, PG <[e-mail]>, Erik West <[e-mail]>
Cc: Rachael Thorn <[e-mail]>, Jeff McDermott <[e-mail]>, Higgins, Karen
<[e-mail]>
Subject: 11/25/2015 Stormwater NOV, Charah Rail Spur Access Road, Chatham County
Attached is the NOV I have issued for the subject site. If there are any questions, please advise.
John L. Holley, Jr., PE, CPESC
Regional Engineer
NC Dept. of Environmental Quality
Division of Energy, Mineral and Land Resources
Land Quality Section, Raleigh Regional Office
1628 Mail Service Center, 3800 Barrett Drive
Raleigh, NC 27699-1628
Phone: [phone], Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Pat McCrory
Governor
CERTIFIED MAIL
Green Meadow, LLC
ATTN: Charles Price
12601 Plantside Dr.
L11?_qq
Moncure Holdings, LLC
ATTN: Jason Kaplan
2717 New Hill Olive Chapel Rd.
New Hill, NC 27562
Green Meadow, LLC
327 Hillsborough Street
Raleigh, NC 27603
RE: Notice of Violation and Notice of Intent to Enforce
Failure to Secure Stormwater General Permit NCGO 10000
Charah Rail Spur Access Road
Chatham County
Donald R. van der Vaart
Secretary
On November 25, 2015, 1 (from the Raleigh Regional Office of the Division of Energy, Mineral, and
Land Resources (DEMLR)) visited the subject site reported by Chatham County and observed potential
impacts from land -disturbing activities to surface waters. Specifically, at least one concentrated
stormwatcr discharge point was exposed where the access road construction crossed a watercourse. This
site visit and a subsequent DEMLR file review confirmed that Sedimentation and Erosion Control plan
approval had not been secured for the land -disturbing activity. Therefore, coverage under the NPIDES
General Permit (NCGO 10000) to discharge stormwater from land -disturbing activities has not been
secured in accordance with the provisions of the applicable North Carolina General Statute.
Division of Energy, Mineral, and Land Resources
Land Quality Section
162B Mail Service Center Raleigh, NC 27699 -PHONE: [phone]/ FAX: [phone]
Internet: h!!@L.//ko0aI.ncdenr.or web/Ir/

Notice of Violation
Charah Rail Spur Access Road
November 25, 2015
Page 2 of 3
This General Permit is applicable to point source discharges from construction activities disturbing one
or more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to
DEMLR or the appropriate delegated local program shall be considered to take the place of a Notice of
Intent for coverage under this General Permit for those projects requiring this Permit coverage.
Coverage under this General Permit shall become effective upon issuance of an approval for the Erosion
and Sedimentation Control Plan by the Land Quality Section of DEMLR or the delegated local program.
Prior to the commencement of construction and land disturbing activities approval of the Erosion and
Sedimentation Control Plan shall be obtained.
Please note that the above referenced exposure and potential discharge to the waters of the State
constitutes a violation of North Carolina General Statue (NCGS) 143-215.1 (a) (1) and (11) which
states:
"No person shall do any of the following things or carry out any of the following activities until or
unless that person has received a permit from the Commission and has complied with all conditions set
forth in the pen -nit:
(1) Make any outlets into waters of the State.
(I I)Cause or permit discharges regulated under G.S. 143-214.7 that result in water
pollution. "
This Office is developing a potential enforcement action regarding these matters. The violations cited
above are subject to civil penalties of up to $ 25,000.00 per day. Please respond to this Notice in writing
within ten (10) days of your receipt of this letter. Your written response to this notice should minimally
include the following:
1. Please provide records of when the land -disturbance began,
2. Explain in your response how you have complied with the conditions outlined in the Notice of
Violation from Chatham County dated November 25, 2015.
3. Please provide a written account explaining what measures you have taken to correct these issues
(permanently eliminate) potential sedimentation impacts to waters.

Notice of Violation
Charah Rail Spur Access Road
November 25, 2015
Page 3 of 3
Thank you for your attention to this matter. Please understand, this office is developing an enforcement
action recommendation regarding this matter. Your response to this letter will be considered as a part of
this process. If you have questions regarding this matter you may contact me at [phone].
Sincerely,
L. Holley, Jr., PE'CPESC
inal Engineer
Quality Section
Attachment: Stormwater Inspection Report
cc: Mr. Tracy Davis, PE, CPM, DEMLR Division Director
Ms. Ashley Rodgers, PE, State Sedimentation Specialist
Mr. Bradley Bennett, State Stormwater Program Manager
Mr. Erik West, Charah, Inc.
Mr. Glenn Amey, Charah, Inc.
Ms. Rachael Thom, CPESC, Chatham County
Mr. Jeff McDermott, CPESC, Chatham County
Mr. Danny Smith, Regional Water Quality Supervisor, DWR
Ms. Karen Higgins, DWR 401/Wetlands Unit

I IF-Tir. LOZM ril;; 1111 811,111
County: I Chatham Project: I Charah Rail Spur Access Road River basin: I Cape Fear
Person financiall responsible: [ Green Meadow, LLC and Moncure Holdings, LLC Project J CHATH-2016-600
Address: 12601 Plants ide Dr. Louis v ille Kentucky and 2717 New Hill Olive Chapel Rd. New Hill INC Case rNA
1. Project location: I Hunter Rd.
Pictures: No: F"' -Video:
2.
b
Weather and soil conditions: I Clear, wet, ut Workable First Inspection: Yes: No:
3. Is site currently under notice of violation? Yes: R-0 No: r by Chatham Co.
I
--------
Is the site in compliance with S.P.C.A. and rules" Yes: F No: ', F
0 If no, check violations below:
Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A NCAC 4B.0107(c)
b. Failure to follow approved plan, G.S. I I 3A-57(5)
c. Failure to submit revised plan, G.S. 113A -54.1(b) and
15A NCAC 4.011a(a)
d. Failure to provide adequate groundcover, G.S. 113A-57(3);
15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(c)
c. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
r— f Failure to take all reasonable measures, 15A NCAC 413.0105
g, Inadequate buffer zone, G.S. 113A -57(l)
h. Graded slopes and rills too steep,
G.S. 113A-57(2) or I SA NCAC 4B.0124(d)
i. ]Unprotected exposed slopes, G.S. 113A-57(2)
j, Failure to maintain measures, 15A NCAC 48.0113
k. Failure to self-inspcct G.S. 113A-54.1(c)and
15A NCAC 4B.0131
1, Other describe I
G. Is the site In compliance with NPDES Permit NCG 010000? Yes: F No: Not Applicable: r— If no, check violations below:
F m. Failure to manage construction site pollutants, NCG 010000 Sec.,,, B. I r r. Failure to have approved plan and NPDES
r n. Failure to provide ground stabilization, NCG 010000 Sec. 11, B.2 permit on site, NCG 010000 See. III, 3(d)
0, Failure to maintain rain gauge or record daily rainfall, s. Failure to install and maintain BP's,
NCG 010000 Sec. 11, B.3(a,b) NCG 010000 Sec, 111, 4
p. Failure to meet self -inspection and reporting requirements, t. Failure to operate and maintain control
NCG 010000 Sec. U, B.3(c-i) measures, NCG 010000 Sec. IV, I
r q. Failure to dawater sediment basin from surface, 7 u, Bypass of stormwater control facilities,
NCG 010000 Sec. 11, BA NCG 010000, Sec. IV, 3
v. Other (describe) I .......... .... S 143••215.1 ........... a ) .......... & ........... 1 5 A ............ N C A -C jljo
ICS
7. Has sedimentation damage occurredr since last Inspection W at I" inspection? Yes: If yes, where? (check all that apply) No:Nw
Lake/natural watercourse on the tract: Lake/natural watercourse off the tract: Other property: Ilf
Description:
None observed
Slormwater Discharge Outfall with high turbidity or sediment loss:
Degree of damage: slight: r moderate: f— severe : 7
8. Contact made with (name): [—Erik West and Glenn Amey Title: ----- — ----------- . ..................
. . . . . .......... ............ . . . . . . . ....................................... -
it Stormwatcr NO�T ......................... —A
Inspection report given: r or sent: rV to person financially responsible. Date given/sent: F
I Secure approval of an adequate S&EC plan through Chatham County covering all areas disturbed
9. Corrective actions needed-. I
or to be disturbed. Install all applicable erosion and sediment control devices required by that plan. As we discussed, all discharge points
from the exposed access road must be addressed with appropriate sediment control measures.
Glenn Amey, Charah
Report by:1 John L. Holley. Jr., PE, CPESC Others present: est an
d
11-25-2015 about 5 PM about G:OOPM
Date ofins pectio Time arriving on site: Time leaving site..
cc, Storrnwatcr NOV
I
kwn DIkc 0100'14
Paget o172

Land Quality Section: 3800 Barrett Drive, Raleigh, NC 27609, Phone: [phone]
Corrective actions needed (continued) NA
10. Comments: F This inspection was performed specifically to address the NC general NPDES permit required.
[—work had stopped when I inspected this site, and stop -gap rock check dams (arched dams) temporary cleanup work had been performed
at a watercourse crossing where a temporary culvert had been installed.
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