SW8070551_Compliance Evaluation Inspection_20240905

STATE OF NORTH CAROLINA,Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: pE'mL .'Sv-r REVIEW TIME/DATE: CA 15 I V- 1 : 3OQm
NAME: \OSc\ Ed' OYc sor EMAIL:3e.drncw 6SCon Ci.)41de-wq enc cov.r1
REPRESENTING: 11.0k-01.1 0:}@,.+� PHONE: .Z 2— 3'1'3 - 1p 1 U l
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
1. Due to the large public demand for file access,we request that you call at least a day in advance to schedule an
appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
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4. You may make copies of a file at$.05 per copy. First 100 copies at no charge. Payment may be made by check or
money order at the reception desk. You may also scan to email or a thumb drive.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Niles may not be taken from the office. To remove,
alter,deface,mutilate,or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases, large totes,etc.are permitted in the file review area.
6. You may take photos of large plans with your phone camera. Necessary large plan copies can be scheduled with
[e-mail] 910-796-7265 for a later date/time•at an offsite location at your expense. Requests for
large plan copies should be attached on top of the file after completion of the review. Allways Graphics can be contacted
to set up payment options.
7. Written questions may be left with this completed form and a staff member will be in contact with you IF you
provide your contact information where indicated above.
8. In accordance with General Statue 25-3-512,a$25.00 processing fee will be charged and collected for checks on which
payment has been refused.
FACILITY NAME COUNTY
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G:/ADM/Shared/File Review Access Form rev 2022

STATE OF NORTH CAROLINA,Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 [phone]
FILE ACCESS RECORD
DEMLR/StormwaterbA4 l --- ce'`'�'
DEQ SECT REVIEW TIME/DA : ex �
NA- EMAIL:1 .Ql'C.
REPRESENTING: J ! PHONE: / c5j
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry
out our day-to-day program obligations. Please read carefully the following guidelines signing the form:
1. Due to the large public demand for file access,we regrest that you call at least a day in advance to scii duce or.
apr.*ointment to review the files. Appointments will be scheduled between 9:00am and 3:OQQg- Viewing time ends at
4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision
is available.
2. You must specify files you want to review by facility name. The number of files that you may review at one time will
be limited to five.
3. CMA Cy Moil.Met. Tbe COMPLETE is intbe Weekend
aim > l he ht.9he.' O .
4. You may make copies of a file at$.05 per copy. First 100 copies at no charge. Payment may be made by check or
money order at the reception desk. You may also scan to email or a thumb drive.
5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove,
alter,deface,mutilate,or destroy material in one of these files is a misdemeanor for which you can be fined up to
$500.00. No briefcases,large totes,etc.arepermitted in the file review area.
6. You may take photos of large plans with your phone camera. Necessary large plan copies can be scheduled with
[e-mail] 910-796-7265 for a later date/time at an offsite location at your expense.Requests for
large plan copies should be attached on top of the file after completion of the review. Allways Graphics can be contacted
to set up payment options.
7. Written questions may be left with this completed form and a staff member will be in contact with you IF you
provide your contact information where indicated above.
8. In accordance with General Statue 25-3-512,a$25.00 processing fee will be charged and collected for checks on which
payment has been refused.
r19„.„-- FACILITY NAME • COUNTY
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5. _ ^I/ � ,r''''
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G:/ADM/Shared/File Review Access Form rev 2022

PAT MCCRORY
ir
4 Governor
DONALD R. VAN DER VAART
Secretary
Environmental
Quality 05
August 31, 2017ci
NOTICE OF VIOLATIONS OF THE 9P
SEDIMENTATION POLLUTION CONTROL ACT
AND
GENERAL PERMIT- NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL 7013 2630 0002 07607424
RETURN RECEIPT REQUESTED
McNeill and Associates, Inc.
ATTN: L.E. McNeill, President
601 Pelletier Loop Road
Swansboro,NC 28584
RE: Project Name: Shadow Creek Estates
Project ID: ONSLO-2014-065
County: Onslow
Compliance Deadlines: 15 days from receipt for SPCA violations
15 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000
violations
Dear Sir or Madam:
On August 24, 2017, personnel of this office inspected a project located on Queens Creek Road,
Swansboro in Onslow 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<total acres>acres being conducted.
!`/'Nothing Cornpares-
State of North Carolina I Environmental Quality
1601 Mail Service Center I Raleigh,North Carolina 27699-1601
919-707-8600

Notice of Violations
McMeill and Associates, Inc.
August 31, 2017
Page 2 of 8
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 sedimentation and erosion
control measures were not installed in accordance with the approved plan. The
sediment basins have been removed or not installed. Sediment fence has not been
maintained and has failed in several locations resulting in sediment entering the
adjacent wetlands and stream.
2. Failure when a land-disturbing activity that will disturb more than one acre is undertaken on
a tract,to provide a permanent ground cover sufficient to restrain erosion on such exposed
areas within 15 working days or 90 calendar days,whichever is shorter, after completion of
construction or development. G.S. 113A-57(3)and 15A NCAC 4B .0107(b). Ground cover
has not been provided in accordance with the time frames on the approved plan.
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). Erosion control
measures have not been installed to retain sediment on site.
4. Failure to take all reasonable measures to protect all public and private property from damage
by such land-disturbing activities. 15A NCAC 4B .0105. The erosion control plan has not
been implemented. Insufficient measures and lack of measures have resulted in
sediment entering the adjacent wetlands and stream.
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 SPCA, 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 or maintained in
accordance with the approved plan.
6. Failure to conduct or adequately document self-inspections . G.S. 113A-54.1(e) and 15A
NCAC 4B .0131 . Self-inspections were not available at the time of inspection and the
permit was not posted on site.

Notice of Violations
McNeill and Associates, Inc.
August 31, 2017
Page 3 of 8
The violations of the Construction Stormwater Permit NCG 010000 that were
found are:
1. Failure to implement the erosion and sedimentation control plan. The Permittee must
implement and follow the erosion and sedimentation control plan. The approved erosion and
sedimentation control plan is considered a condition of Construction Stormwater Permit
NCG 010000. NCG 010000 Section III. 3) (a) The sedimentation and erosion control
plan has not been adequately implemented. The sediment basins have been removed or
not installed. Sediment fence has not been maintained and has failed in several
locations resulting in sediment entering the adjacent wetlands and stream.
2. Failure to provide ground stablization, NCG 010000 Section II. B. 2) Ground
stabilization has not been provided in accordance with the time frames on the approved
plan.
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 1 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 maybe approved by the permitting authority based on weather or
other site-specific conditions that make compliance impracticable.
ii. All slopes 50'in length or greater shall apply the ground cover within 7 days except
when the slope is flatter than 4: 1. Slopes less than 50' shall apply ground cover
within 14 days except when slopes are steeper than 3: 1, the 7 day-requirement
applies.
iii. Any sloped area flatter than 4: I shall be exempt from the 7-day ground cover
requirement.
iv. Slopes 10'or less in length shall be exempt from the 7-day ground cover requirement

Notice of Violations
McNeill and Associates, Inc.
August 31, 2017
Page 4 of 8
except when the slope is steeper than 2: 1.
v. Although stabilization is usually specified as ground cover, other methods, such as
chemical stabilization, may be allowed on a case-by-case basis..
Ground cover has not been established on exposed soils in accordance with the time
frames on the approved plan.
3. Failure to meet self-inspection and reporting requirements. NCG 010000 Section II. B. 3)
a. A written record of the daily rainfall amounts shall be retained and all records shall
be made available upon request.
b. Erosion and sedimentation control measures shall be inspected to ensure that they are
operating correctly. 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 0.50 inches of rain per 24 hour period.
c. Once land disturbance has begun on the site, stormwater runoff discharge outfalls
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 0.50 inches of rain per 24 hour period.
Records of self-inspections and rainfall were not available during the inspection. The
condition of the approved sedimentation and erosion control measures and lack of
maintenance indicate a failure to self-inspect and monitor the site.
4. Failure to have approved plan and NPDES Permit on site and available for review, NCG
010000 Section III, 3)(d).
The approved sedimentation and erosion control plan and NPDES permit were not on
site.
5. Failure to install and maintain BMPs and control measures, NCG 010000 Section III. 4)

Notice of Violations
McNeill and Associates, Inc.
August 31, 2017
Page 5 of 8
The permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the
requirements of this permit.
The approved sedimentation and erosion control measures have not been installed nor
maintained in accordance with the approved plan. The sediment basins have been
removed or not installed. Sediment fence has not been maintained and has failed in
several locations resulting in sediment entering the adjacent wetlands and stream.
6. Failure to operate and maintain control measures,NCG 010000 Section IV, 1)
The permittee shall at all times properly operate and maintain all control measures and
systems of treatment and control(and related appurtenances)which are installed or used by
the permittee to achieve compliance with the conditions of this general permit.
The approved sedimentation and erosion control measures have not been installed nor
maintained in accordance with the approved plan.
To correct these violations,you must:
1. Install all sedimentation and erosion control measures as shown on the approved plan,
including the following locations: all.sediment traps, silt fence, inlet protection,
diversions or berms. Rudimentary sediment traps have been constructed at low points
and must be reconstructed to approval standards and documented on a revised plan.
2. Install sedimentation and erosion control measures sufficient to retain sediment on the
tract. Additional measures, such as secondary rows of silt fence, waddles, diversion
berms and/or core logs, should be considered in additional to the approved measures
that have failed to retain sediment on site and included in a revised plan.
3. Provide adequate ground cover sufficient to restrain erosion onsite including all exposed
soils.
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.

Notice of Violations
McNeill and Associates, Inc.
August 31, 2017
Page 6 of 8
4. Agree upon a course of action to install and maintain erosion control measures that
address the loss of soil off-site. Including a plan for restoration of the impacted
wetlands including the following:
a) Please explain why these impacts occurred and the actions you took following notification of the
impacts to prevent additional sedimentation to the impacted resource (stream,wetlands, waters,
buffer).
b) Please immediately stabilize the area that is contributing sediment loss.
c) Sediment Removal Plan: You are encouraged to secure an environmental consultant to assist
with your plan development and authorization necessary to achieve compliance and obtaining
any necessary approvals. It is recommended that your consultant contact Robb Mairs (DWR
910-796-7427) for additional guidance during plan development.
d) Sediment impacts to streams onsite and downstream of the site must be removed. As a part of
this plan,you should provide the amount (depth) of material that has been deposited in the
floodplain, stream and any wetlands. This information should be depicted on a site map you
provide.
e) Please provide details on the method you plan to use to remove the sediment. It is recommended
that you use hand labor (buckets, shovels and wheelbarrows)to remove deposited sediment from
the affected areas.
f) The sediment should be removed from the impacted area, taken to high ground away from the
stream channel and stabilized.
g) Also, the plan must address the measures that will be used for temporary stabilization/sediment
control while this work is underway.
h) Once work is complete, a final report documenting the results of the sediment removal activities
should be submitted to Robb Mairs DWR.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Director of the Division of Energy,
Mineral and Land Resources (Director)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

Notice of Violations
McNeill and Associates, Inc.
August 31, 2017
Page 7 of 8
violations are corrected within the time period set out below.
In addition,if the violations of the SPCA cited herein are not corrected within<days from receipt>
calendar days of receipt of this Notice,this office may request that the Director 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 Director of the Division of Energy, Mineral and Land Resources (Director) 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 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<days from receipt>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 (date) to (date)
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.
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 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

5
Notice of Violations
McNeill and Associates, Inc.
August 31, 2017
Page 8 of 8
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. Copies of the relevant statute and administrative
rules maybe examined at this office or will be sent to you upon request. Should you have questions
concerning this notice or the requirements of the SPCA and Construction Stormwater Permit NCG
010000 please contact either<report by> or me at your earliest convenience.
Thank you for your attention to this mater. Please note that DEMLR is forwarding this
information to the Division of Water Resources (DWR) and they may follow up with you
regarding these impacts as well.
Sincerely,
z
.4 p rdfir
Nil
Daniel Sams,PE
Land Quality Section
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
cc: State Sedimentation Specialist
Robb Mairs, Senior Environmental Specialist, DWR
Jim Gregson, Regional Water Quality Supervisor, DWR

i ►l ► - • ► • ► : • ► • Li A = - IN P • ► ; 7• -
North Carolina Department of Environmental Quality
Land Quality Section: 127 Cardinal Dr Extension Wilmington, NC 28405, Phone: [phone]
COUNTY: Onslow PROJECT: Shadow Creek Estates RIVER BASIN:WHITE OAK
PERSON FINANCIALLY RESPONSIBLE: L. McNeil, McNeil &Associates PROJECT# ONSLO-2014-065
ADDRESS: 601 PELLETIER LOOP RD SWANSBORO NC 28584 CASE#
1.. PROJECT LOCAT!ON: Queens Creek Road Swansboro NC
Pictures: YES_ Video: Digital:
2. Weather and Soil Conditions: SUNNY AND DRY,WORKABLE First Inspection:NO
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? NO
5. Violations:
b. Failure to follow approved plan -G.S. 113A-57(5)and Failure to implement the erosion and sedimentation control
plan, NCG 010000 Section III. 3) (a)
d. Failure to provide adequate groundcover-Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A N.C-
A.C. 4B.0107(b)or 15A N.C.A.C. 4B.0124(e)
e. Insufficient measures to retain sediment on site-G.S. 113A-57(3)
f. Failure to take all reasonable measures- 15A N.C.A.C. 4B.0105 ---
j. Failure to maintain measures- 15A N.C.A.C. 4B.0113
re k. Failu to self-inspect-G.S. 113A-54.1(e)and 15A N.C.A.C. 4B.0131
6. Is the site in compliance with NPDES Permit NCG 010000?: NO
n. Failure to provide ground stabilization_NCG 010000 Section II. B. (2)
o. Failure to maintain a rain gauge or record dailyrainfall N CG 010000 Section II. B. (3)(a-b)_....,. ... __.... ...._... .... ._._ .. .. .. ...._
p. Failure to meet self inspection and reporting requirements NCG 010000 Section ll. B. 3)(c-i)
r. Failure to have approved plan and NPDES Permit on site NCG 010000 Sec.11l, 3(d)
s. Failure to install and maintain BMPs and control measures NCG 010000 Section III. (4)
t. Failure to operate and maintain control measures Failure to operate and maintain control measures, NCG 010000
Section IV, (1)
7. Has Sedimentation Damage occurred since last inpections? YES
Lake/natural watercourse on the tract: YES Lake/natural watercourse off the tract: Other Property:
Description:
Degree of Damage: 1)SLIGHT
Stormwater Discharge Outfall with high turbidity or sedimentation loss: SEDIMENT OVERTOPPED AND UNDERCUT
SILT FENCE RESULTING IN SEDIMENT DAMAGE TO THE WETLANDS AND STREAM
8. Contact Made with (name): JEFF HADLEY(BY PHONE) Title: SITE SUPERVISOR
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given/Sent: AUG 30, 2017
t
Report By: Holley Snider Others Present:
Date of Inspection: AUG 24,2017 a Arriving on Site: 12:15PM Time Leaving Site: 12:40PM
cc;
Revision Date 10/16/2015 Page 1 of 2

9. Corrective Actions Needed:
Install temporary sediment traps or basins and associated diversions as shown on the approved plan, including the
following locations: the east side of the property in accordance with the approved plan.
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 locations: all exposed soils, especially side slopes
adjacent to wetlands.
Install erosion and sediment control devices sufficient to retain sediment on the tract.
Take all reasonable measures to prevent sedimentation damage to adjacent property such as the following: install silt
fence along east wetland boundary. Additional measures, including but not limited to waddles, wire mesh stone outlets,
additional silt fence on upslopes, etc. should be implemented to prevent sediment damage as noted in the July 11, 2017
inspection report.
Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent
sedimentation damage including the following: silt fence and additional measures to prevent sediment loss and damage to
the adjacent wetlands and stream.
Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours
of a rainfall event of 1/2 inch or greater and complete self-inspection reports.
Maintain a rain gauge in good working order and record daily rainfall amounts
Conduct self-inspections and maintain records of self-inspections after each phase of the project
Failure to install and maintain sedimentation and erosion control measures have resulted in sediment loss and damage to
the adjacent wetlands and stream. Sediment that has entered the adjacent wetlands and stream and must be removed
using hand tools only (buckets and shovels)
Install all sedimentation and erosion control measures as shown on the approved plan.
10. COMMENTS: Sediment damage to the wetlands and stream were identified in the field by Robb Mairs on July 11, 2017 and
documented in the Sediment Construction/Stormwater Inspection report dated July 18, 2017. Minimal efforts were made to
prevent sediment damage, to restore the damaged wetlands and to submit the requested Sediment Removal Plan. The
rudimentary measures installed failed. The lack of maintenance of the silt fence and proper installation of measures caused a
bypass of stormwater offsite resulting in additional sediment damage the to wetlands and stream. Please refer to the attached
Notice of Violation..
Revision Date 10/16/2015 Page 2 of 2

PAT MCCRORY
Governor
64 1
DONALD R. VAN DER VAART
Energy.Mineral
and Land Resources Secretary
ENVIRONMENTAL QUALITY
TRACY DAVIS
tri/ (`) Director
May 11, 2016
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 MAIL7013 2630 0002 0760 6588
RETURN RECEIPT REQUESTED
McNeill and Associates,Inc.
Attn: L.E. McNeill, President
601 Pelletier Loop Rd
Swansboro,NC 28584
RE: Project Name: Shadow Creek Estates
Project ID: ONSLO-2014-065
County: Onslow
Compliance Deadline: 10 days from receipt
Compliance Deadlines: 10 days from receipt for SPCA violations
10 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. McNeill:
On May 9, 2016 personnel of this office inspected a project located on Queens Creek Road,
Swansboro in Onslow 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
Division of Energy, Mineral,and Land Resources
Energy Section •Geobgical Survey Section• Land Quality Section
127 Cardinal Dr Extension Wilmington,NC 28405•Phone:[phone]•FAX:[phone]
Internet:tittp://portal.ncdenr.oro/weh/iri
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Notice of Violations
McNeill and Associates. Inc.
May 11, 2016
Page 2 of 6
inspection revealed a land-disturbing activity of approximately 21 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 erosion control plan was not
installed according to the approved 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). Erosion control measures
have not been installed to retain sediment onsite.
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. The approved erosion control plan
has not been implemented.
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 SPCA,and rules
adopted thereunder,during or after the development of a site. 15 NCAC 4B .0113. Erosion
control measures have not been installed as per approved plan.
5. Failure to conduct or adequately document self-inspections. G.S. 113A-54.1(e) and 15A NCAC
4B .0131 . Self-inspection records were not onsite at time of inspection. Permit was not posted
onsite.
The violations of the Construction Stormwater Permit NCG 010000 that were
found are:
1. Failure to implement the erosion and sedimentation control plan. The Permittee must
implement and follow the erosion and sedimentation control plan. The approved erosion and
sedimentation control plan is considered a condition of Construction Stormwater Permit

Notice of Violations
McNeill and Associates,Inc.
May 11, 2016
Page 3 of 6
NCG 010000. NCG 010000 Section Ill. 3) (a). The erosion control plan has not been
adequately implemented.
2. Failure to meet self-inspection and reporting requirements. NCG 010000 Section II. B. 3)
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 records shall
remain.on the site and available for agency inspectors at all times during normal
working hours.
c. Erosion and sedimentation control measures shall be inspected to ensure that they are
operating correctly.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 0.50 inches of rain per 24 hour period.
d. Once land disturbance has begun on the site, stormwater runoff discharge outfalls
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 0.50 inches of rain per 24 hour period.
Rain gauge was cracked and appeared to be nonfunctional. Records are not available during
inspection. The condition of the erosion control measures and lack of measures indicate
failure to self-inspect and monitor site.
3. Failure to have approved plan and NPDES Permit on site and available for review, NCG
010000 Section III,3)(d).
The approved erosion.control plan and NPDES permit was not onsite.
4. Failure to install and maintain BMPs and control measures, NCG 010000 Section III. 4)

Notice of Violations
McNeill and Associates, Inc.
May 11, 2016
Page 4 of 6
The permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the
requirements of this permit.
The approved erosion control measures have not been installed or maintained.
5. Failure to operate and maintain control measures, NCG 010000 Section IV, 1)
The permittee shall at all times properly operate and maintain all control measures and
systems of treatment and control(and related appurtenances)which are installed or used by
the permittee to achieve compliance with the conditions of this general permit.
The approved erosion control measures have not been installed or maintained.
To correct these violations,you must:
1. Install all sedimentation and erosion control measures as shown on the approved plan,including
the following locations: all sediment traps,silt fence,construction entrance,inlet protection,
diversions or berms. Most sediment traps are not installed,however,rudimentary sediment
traps that are remnants of previous grading activities must be reconstructed to approved plan
standards.
2. Install erosion and sediment control devices sufficient to retain sediment on the tract. Follow the
approved plan.
3. Take all reasonable measures to prevent sedimentation damage to adjacent property such as the
following: follow approved plan. Erosion control measures must be installed prior to any
grading or clearing activity.
4. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage including the following: Sediment trap 2 is
installed,but is not according to plan specifications and does not function as a sediment trap
in sediment removal. Sediment traps 7 and 9 have remnants of prior grading activities. Silt
fence on lots 3-5 is in disrepair.
5. Conduct self-inspections and maintain records of self-inspections after each phase of th a project.
The records must be kept onsite.
6. Inspect all erosion and sediment control measures and storm discharge outfalls at least weekly
and within 24 hours of a rainfall event of 1/2 inch or greater and complete self-inspection
reports.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Director of the Division of Energy,

Notice of Violations
McNeill and Associates,Inc.
May 11, 2016
Page 5 of 6
Mineral and Land Resources(Director)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 Director 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 Stornawater Permit NCG 010000 Violations
The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred to
the Director of the Division of Energy, Mineral and Land Resources (Director) 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 10 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 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 actions listed above have been or will be completed.
2. Rainfall data and self-inspection or self-monitoring records from(date)to (date)
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.
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 duration

Notice of Violations
McNeill and Associates, Inc.
May 11, 2016
Page 6 of 6
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. Copies of the relevant statute and administrative
rules may be examined at this office or will be sent to you upon request. Should you have questions
concerning this notice or the requirements of the SPCA and Construction Stormwater Permit NCG
010000 please contact either Brian Lambe or me at your earliest convenience.
Sincerely,
,/ -4
Daniel Sams,PE
Regional Engineer
Land Quality Section
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
cc: State Sedimentation Specialist
Regional Water Quality Supervisor

x < ° SED1.M &TION/edkS. OUCTtO TORiMW i'; .ie , -.TZIO.N` -EPQRT
North Carolina Department of Environmental Quality -
Land Quality Section: 127 Cardinal Dr Extension Wilmington, NC.28405, Phone:[phone]
COUNTY: Onslow PROJECT: Shadow Creek Estates RIVER BASIN:WHITE OAK
PERSON FINANCIALLY RESPONSIBLE: L.McNeil, McNeil&Associates PROJECT# ONSLO-2014-065
ADDRESS: 601 PELLETIER LOOP RD SWANSBORO NC 28584 CASE#
1. PROJECT LOCATION: Queens Creek Road Swansboro NC
Pictures: NO Video: Digital:
2. Weather and Soil Conditions: 85 CLEAR DRY First Inspection:NO
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? NO
5. Violations:
b. Failure to follow approved plan-G.S. 113A-57(5)and Failure to implement the erosion and sedimentation control
plan, NCG 010000 Section III. 3) (a)
e. Insufficient measures to retain sediment on site-G.S. 113A-57(3)
f. Failure to take all reasonable measures- 15A N.C.A.C.4B.0105
j. Failure to maintain measures-15A N.C.A.C. 46.0113
k. Failure to self-inspect-G.S. 113A-54.1(e)and 15A N.C.A.C. 46.0131
•
6. Is the site in compliance with NPDES Permit NCG 010000?: NO
o. Failure to maintain a rain gauge or record daily rainfall NCG 010000 Section II. B. (3)(a-b)
p. Failure to meet self inspection and reporting requirements NCG 010000 Section II. B. 3)(c-i)
r. Failure to have approved plan and NPDES Permit on site NCG 010000 Sec-.11l, 3(d)
s. Failure to install and maintain BMPs and control measures NCG 010000 Section III. (4)
t. Failure to operate and maintain control measures Failure to operate and maintain control measures, NCG 010000
Section IV, (1)
7. Has Sedimentation Damage occurred since last inpections? YES
Lake/natural watercourse on the tract: YES Lake/natural watercourse off the tract: YES Other Property: YES
Description:SEDIMENT DEPOSITS BELOW SEDIMENT TRAP 2, SEDIMENT DEPOSITS BELOW WETLANDS CROSSING.
Degree of Damage: 1)SLIGHT
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with (name): Title:
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given/Sent: MAY 11,2016
Report By: Brian Lambe Others Present:
Date of Inspection: MAY 09, Time Arriving on Site: 10:00 AM Time Leaving Site: 11:00 AM
cc;
Revision Date 10/16/2015 Page 1 of 2

9. Corrective Actions iieeaea:
Install all sedimentation and erosion control measures as shown on the approved plan, including the following locations:
all sediment traps, silt fence, construction entrance, inlet protection, diversions or berms. Most sediment traps are not
installed, however, rudimentary sediment traps that are remnants of previous grading activities must be reconstructed to
approved plan standards. _
Install erosion and sediment control devices sufficient to retain sediment on the tract. Follow approved plan.
Take all reasonable measures to prevent sedimentation damage to adjacent property such as the following: follow
approved plan. Erosion control measures must be installed prior to any grading or clearing activity.
Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent
sedimentation damage including the following: Sediment trap 2 is installed, but is not according to plan.specifications and
does not function as a sediment trap in sediment removal. Sediment traps 7 and 9 have remnants of prior grading
activities. Silt fence on lots 3-5 is in disrepair.
Conduct self-inspections and maintain records of self-inspections after each phase of the project. The records must be
kept onsite.
Maintain a rain gauge in good working order and record daily rainfall amounts. Rain gauge is cracked.
Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours
of a rainfall event of 1/2 inch or greater and complete self-inspection reports.
Install all sedimentation and erosion icontrol measures as shown on the approved plan.
10. COMMENTS: Contact this office to schedule a compliance inspection immediately.
[e-mail]
910-796-7314.
Revision Date 10/16/2015 Page 2 of 2

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME /;`�`� 'r ,J� CSC / 2 —zi
NAME c.-)e0 i C
e"1 REPRESENTING 1,44 rl../11
Guidelines for Access: The staff of the Regional Office is dedicated to making public recordsin our
custody readily available to the public for review and copying. We also have the responsibility to the public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
. following before signing the form.
•
•
1-: ,Due to-the large public demand.for fiie access, we request that you-call-at least a day in
advance to schedule'an appointment for file review so you-can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases,large totes, etc. are permitted in the file review area. To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign-in, and receive a visitor stickerprior to
reviewing files.
•
•
FACILITY NAME COUNTY
1.
2.
3.
4. •
4'(144( Li/2*LP— 0 T52) 5 :)6—
gn /N of irm or B iness Date
Time In Time Out
(Please attach business card to form if available)
# Copes-...... 0 Amt. Pd: 4
1
1
._.-.._-._

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME '5—//.7/// .—
NAME /4 ?-� '�-) .✓ REPRESENTING ���� �P�`- < Z..
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our
custody readily available to the public for review and copying. We also have the responsibility to the public
to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the
following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2.. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
2. . �Y�8n 7v5Sj
3.
4.
5. p
�' l J q! I O r l � 108-4
signature/Name of Fir Lie. Date Time In Time Out
(Ple se attach business card to form if available)
# Copes: Amt. Pd: I ' T