151014_3097-F_Sediment_NOV

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Davidson County
Attn: Robert Hyatt
PO Box 1067
Lexington, NC 27293
Donald R. van der Vaart
Secretary
October 14, 2015
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
RE: Project Name: Old Salisbury Road Sewer Line
Project ID: DAVID -2015-015
County: Davidson
Compliance Deadline: November 3, 2015
or 20 days from receipt
Dear Mr. Hyatt:
On October 8, 2015, personnel of this office inspected a project located on Old Salisbury Road,
Lexington in Davidson County, North Carolina. This inspection was performed to determine
compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. 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 purpose of this letter is to inform you that this activity was found to be in violation of
the Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If
you feel that you are not responsible for the following violations, please notify this office
immediately.
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: [phone] / Fax: [phone]

Notice of Violations
Project: Old Salisbury Road Sewer Line
October 14, 2015
Page 2 of 4
The violations that were found are:
I. Failure to conduct a land -disturbing activity in accordance with the approved erosion and
sedimentation control plan. G.S. 113A-57(5).
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).
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.
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).
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 Act, and rules adopted
thereunder, during or after the development of a site. 15 NCAC 4B .01 13.
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.
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.

Notice of Violations
Project: Old Salisbury Road Sewer Line
October 14, 2015
Page 3 of 4
The violations cited herein may be referred to the Director of the Division of Land Resources (Tracy
E. Davis, PE, CPM) 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
may be assessed in an amount not to exceed $5,000.00. The Division of Land Resources is not
required to provide a time period for compliance before assessing an initial penalty for the violations
cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations
regardless of whether the violations are corrected within the time period set out below.
In addition, if the violations cited herein are not corrected within 10 days of receipt of this notice or
before November 3, 2015, whichever term is longer, 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 maybe assessed from the date of the violation, pursuant to NCGS
13A -64(a)(1), and for each day of the continuing violation in an amount not to exceed $5,000.00 per
day.
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 Act. When corrective actions
are complete, you should notify this office so that work can be inspected. You should not assume
that the property is in compliance with the Act 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 Act. 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 Act
Please contact me at your earliest convenience.
Sincerely,
Matthew E. Gantt, PE
Regional Engineer
Land Quality Section
Enclosures: Sedimentation Inspection Report

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. 413.0105
g. Inadequate buffer zone, G.S. 113A-57(l)-G.S. 113A-57(1)
j. Failure to maintain measures - 15A N.C.A.C. 4B.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
Title:
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given/Sent: OCT 09, 2015
Report By: Matthew E. Gantt, PE
Date of Inspection: OCT 08, 2015
Others Present:
Time Arriving on Site: 9:30
Time Leaving Site: 10:45
cc; ROBERT. HYATT@DAVIDSO NCO UNTYNC. GOV, [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:
is in follow uo to the
the last inspection date. All corrective actions
crossinas have not been installed oer the aooroved olan. In
Revision Date 09/09/2013 Page 2 o1