151012_3097-F_Stormwater_NOV

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 12, 2015
NOTICE OF VIOLATIONS OF THE
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL 7015 0640 0005 6272 4386
RETURN RECEIPT REQUESTED
Davidson County
Attn: Robert Hyatt
P.O. Box 1067
Lexington, NC 7293
RE: Project Name: Old Salisbury Road Sewer Line
Project ID: DAVID -2015-015
County: Davidson
Compliance Deadline November 3, 2015
Dear Mr. Hyatt:
On October 8, 2015, personnel of this office inspected a project located on Old Salisbury Road,
Lexington, Davidson County, North Carolina. This inspection was performed to determine
compliance with the 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 2.8 acres
being conducted.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The

Notice of Violations
Robert Hyatt
October 12, 2015
Page 2 of 5
purpose of this letter is to inform you that this activity was found to be in violation of the
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 Construction Stormwater Permit NCG 010000 that were
found are:
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)
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 all records shall
be made available upon request.
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.
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.
3. Failure to have approved plan and NPDES Permit on site and available for review, NCG
010000 Section II1, 3)(d).

Notice of Violations
Robert Hyatt
October 12, 2015
Page 3 of 5
4. Failure to install and maintain BMPs and control measures, NCG 010000 Section III. 4)
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. Silt fencing, temporary stream crossings, and construction
entrances have either not been installed or maintained per the approved plan.
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. Silt fencing,
temporary stream crossings, and construction entrances have either not been installed or
maintained per the approved plan.
6. Bypass of stormwater control facilities, NCG 010000 Section IV 3)
Bypass of stormwater control facilities is prohibited except as allowed by permit conditions.
To correct these violations, you must:
1. Repair and maintain all damaged silt fence throughout the project limits as shown on the approved
plan dated April 22, 2015.
2. Provide construction entrances to the sewer line alignment off of Park Drive as shown on sheet C2 of
the approved plan. Construction entrances must be installed using 2"-3" coarse aggregate as shown
on the construction detail on sheet C2 of the approved plan. Sediment continues to be tracked onto
Park Drive from construction equipment.
3. Prevent all construction equipment from entering and leaving the project along Old Salisbury Road.
The approved plan does not address entering and exiting the project from these points. In addition,
construction equipment is not approved to enter and exit the project on either side of the concrete
driveway owned by the Heavens Gate Church Trustees.
4. Install all approved sediment control measures at station 17+50, at the stream crossing, per sheet C2
of the approved plan and per the construction detail shown on SD2 of the approved plan. Silt fence
on the west side of the crossing has been damaged. Silt fence on the east side of the stream crossing
has not been installed. Construction equipment is not permitted to cross the stream at this point
without the approved stream crossing in place.

Notice of Violations
Robert Hyatt
October 12, 2015
Page 4 of 5
5. Install the stream crossing at station 27+75 as shown on sheet C3 of the approved plan and per the
construction detail shown on sheet SD2 of the approved plan. Construction equipment is not
permitted to cross the stream at this point without the approved stream crossing in place. No
apparent effort has been made to install the stone dams per the construction detail.
6. Install the construction entrance off of Old Salisbury Road (at the 20' permanent easement) as shown
at station 30+87 on sheet C3 of the approved plan.
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 letter 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. Your response should be sent to this regional office at the letterhead address and include
the following:
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 September 3, 2015 to
October 8, 2015.
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.

Notice of Violations
Robert Hyatt
October 12, 2015
Page 5 of 5
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 me at your earliest convenience.
Sincerely,
Y �/�✓
Matthew E. Gantt, P.E.
Land Quality Section
Enclosures: Sedimentation Inspection Report
cc: State Sedimentation Specialist
Regional Water Quality Supervisor

North Carolina Department of Environment and Natural Resources
Land Quality Section: 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105, Phone: [phone]
COUNTY: Davidson PROJECT: OLD SALISBURY ROAD SEWER RIVER BASIN: YADKIN-PEE DEE
PERSON FINANCIALLY RESPONSIBLE: Robert Hyatt, County of Davidson PROJECT # DAVID -2015-015
ADDRESS: PO Box 1067 Lexington NC 27293 CASE #
1. PROJECT LOCATION: Old Salisbury Rd. Lexington NC 27292
Pictures: YES Video: Digital: X
2. Weather and Soil Conditions: 60'S, CLEAR, SOIL WET 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
g. Inadequate buffer zone, G.S. 113A-57(1) - G.S. 113A-57(1)
j. Failure to maintain measures - 15A N.C.A.C. 46.0113
6. Is the site in compliance with NPDES Permit NCG 010000?: NO
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: INTO STREAMS AT STATIONS 17+50 AND 27+75. TRACKED ON TO PARK DRIVE AND OLD SALISBURY
ROAD.
Degree of Damage: 2) MODERATE
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with (name): NO ONE ON SITE
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE
Report By: Matthew E. Gantt, PE
Others Present:
Title:
Date Given/Sent: OCT 09, 2015
Date of Inspection: OCT 08, 2015 Time Arriving on Site: 9:30 Time Leaving Site: 10:45
cc; [e-mail], [e-mail], [e-mail]
Revision Date 09/09/2013 Page 1 of 2

9. Corrective Actions Needed:
1. Repair and maintain all damaged silt fence throughout the project limits as shown on the approved plan dated April 22,
2015.
2. Provide construction entrances to the sewer line alignment off of Park Drive as shown on sheet C2 of the approved
plan. Construction entrances must be installed using 2"-3" coarse aggregate as shown on the construction detail on sheet
C2 of the approved plan. Sediment continues to be tracked onto Park Drive from construction equipment.
3. Prevent all construction equipment from entering and leaving the project along Old Salisbury Road. The approved plan
does not address entering and exiting the project from these points. In addition, construction equipment is not approved
to enter and exit the project on either side of the concrete driveway owned by the Heavens Gate Church Trustees.
4. Install all approved sediment control measures at station 17+50, at the stream crossing, per sheet C2 of the approved
plan and per the construction detail shown on SD2 of the approved plan. Silt fence on the west side of the crossing has
been damaged. Silt fence on the east side of the stream crossing has not been installed. Construction equipment is not
permitted to cross the stream at this point without the approved stream crossing in place.
5. Install the stream crossing at station 27+75 as shown on sheet C3 of the approved plan and per the construction detail
shown on sheet SD2 of the approved plan. Construction equipment is not permitted to cross the stream at this point
without the approved stream crossing in place. No apparent effort has been made to install the stone dams per the
construction detail.
6. Install the construction entrance off of Old Salisbury Road (at the 20' permanent easement) as shown at station 30+87
on sheet C3 of the approved plan.
10. COMMENTS:
1. This inspection is in follow up to the last inspection performed on September 3 2015. It does not appear that any effort has
been made to bring the site into compliance since the last inspection date. All corrective actions noted above must be taken
immediately to bring the site into compliance.
2. Approved stream crossings have not been installed per the approved plan. In addition silt fence maintenance continues to
be ignored. Equipment entering and exiting the project must cease to prevent further sediment loss on to Old Salisbury Road
Re -Inspection Due to Non -Compliant Sedimentation Inspection.
Revision Date 09/09/2013 Page 2 of 2