NOV-2008-PC-0868 Ver 1_Notice of Violation_20080105

??0F W A T6?Q Michael F. Easley, Governor
CID 1 William G. Ross Jr., Secretary
1- North Carolina Department of Environment and Natural Resources
Q Coleen H. Sullins, Director
Division of Water Quality
January 5, 2008
CERTIFIED MAIL: 7006 2150 0005 2109 8105
RETURN RECEIPT REQUESTED
HCC Investments, LLC
Attn: Jackie Hairr
3077 North Main Street, Suite 201
Hope Mills, NC 28348
Subject: NOTICE OF VIOLATION (NOV-2008-PC-0868)
Construction Stormwater Permit-NCG010000
Potters Ridge (NCR001338)
Hoke County
Dear Mr. Hairr:
The Division of Land Resources, Land Quality Section has informed our office that you are in
violation for failure to follow your approved Erosion and Sedimentation Control Plan and failure to
maintain erosion control measures for the Potters Ridge project located off Posey Farm Road in Hoke
County, North Carolina. Our office would like to remind you that, upon approval of your Erosion and
Sedimentation Control Plan, you were issued a General Stormwater Permit (NCGO10000) to discharge
stormwater under the National Pollutant Discharge Elimination System (NPDES) in accordance with
Title 15A North Carolina Administrative Code 2H.0100. Adherence to the approved Erosion and
Sedimentation Control Plan and providing proper operation and maintenance of stormwater controls
including erosion control measures are enforceable components of the General Stormwater Permit.
Therefore, you are in violation with the Division of Water Quality (DWQ) for failure to adhere to
the approved Plan and failure to maintain stormwater controls.
The General Stormwater Permit not only requires that you follow the specifications of the
approved Plan, but also includes inspection and record keeping requirements for the project site. To
ensure compliance with these additional requirements, Mike Lawyer from the Fayetteville Regional
Office of the Division of Water Quality conducted a site inspection on December 29, 2008. A copy of
the Compliance Inspection Report is enclosed for your review. Accordingly, the following observations
and/or permit conditions violations were noted during the Division of Water Quality inspection and
subsequent file review:
1) Approved Plan (Part I, Section A, Item 2)
During the inspection, a copy of the approved Erosion and Sedimentation Control Plan was on site and
available for review.
?Yes ?No ¦Not Evaluated*
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NorthCarol ina
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North Carolina Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: www.ncwatercluality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
2) Rain Gauge (Part I, Section B, Item 1)
A rain gauge was observed on the site at the time of inspection.
?Yes ?No ¦Not Evaluated*
3) Rain Gauge Data (Part I, Section B, Item 1)
Rain gauge data, measured daily, was recorded and available for review.
?Yes ?No ¦Not Evaluated*
4) Minimum Monitoriny, and Record Keepinp, (Part I, Section B, Item 3)
Inspection records of erosion & sedimentation control measures and stormwater discharges, collected
weekly and after eve half-inch or greater rain event, were recorded and available for review.
?Yes ?No ¦Not Evaluated*
*Project personnel not available during DWQ site inspection/Data collected but records not onsite
Other Observations:
Please refer to the enclosed Compliance Inspection Report for additional comments and observations
made during the inspection.
Requested Response
As listed above, the NCGO10000 stormwater permit requires inspection and record keeping
requirements for the project site. Accordingly, it is requested that the DWQ be provided a copy of all
rain gauge data and weekly inspection/monitoring reports related to your inspections of the approved
erosion and sedimentation control facilities. Copies of all corresponding inspections subsequent to rain
events greater than 0.5 inches are requested as well. Also, please provide inspection information that
was recorded with respect to measures taken to clean up any sediment that has left the disturbed limits of
the site. Failure to provide this information will constitute further violations of the subject NPDES
NCGO10000 stormwater permit.
This information must be mailed to the Fayetteville Regional Office at the letterhead address
within 10 calendar days of receipt of this letter and must include confirmation that a copy of the
approved erosion control plan is maintained onsite, the exact location of a rain gauge, rain gauge data
and monitoring records through to the date of your written response to this letter.
1. Your written response should detail the events that resulted in your non-compliance with the
above-mentioned NPDES NCGO10000 permit conditions.
2. Explain in your response when you anticipate being in full compliance with the Construction
Stormwater Permit and your Erosion and Sedimentation Control Plan.
3. Please provide information detailing your compliance with the minimum monitoring and
reporting requirements as requested above for each phase of the project. Specifically, it is
requested that you provide this Regional Office copies of all monitoring records within 10
calendar days of receipt of this notice. This information must include monitoring records through
to the date of your written response to this letter.
4. Finally, you should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.
i Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be properly resolved. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000 per day for each violation. Should you have any questions
regarding these matters, please contact Mike Lawyer or myself at [phone].
Sincerely,
4Lj,*?140a" 7?
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
BSH: ML/ml
Enclosure
cc: FRO-Surface Water Protection
FRO-Land Quality
NPS-Assistance & Compliance Oversight Unit
DWQ Central Files
Compliance Inspection Report
Permit: NCG010000 Effective: 09/07/05 Expiration: Owner: Hcc Investments LLC
SOC: Effective: Expiration: Facility: Potters Ridge
County: Hoke Posey Farm Rd
Region: Fayetteville
Contact Person: Jackie Hairr
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On-Site Representative(s):
Related Permits:
DWQ Tracking No: NCR001338
Title:
Certification:
Raeford NC 28376
Phone:
Phone:
Inspection Date: 12/29/2008 Entr Time: 10:40 Exit Time: 11:15 AM
Primary Inspector: Mike Lawye Phone: [phone]
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44'11UVU_' Belinda S Henson Phone: [phone] Ex;_Z 6
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Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Construction Stormwater
Facility Status: ? Compliant ¦ Not Compliant
Question Areas:
E Construction
(See attachment summary)
Page: 1
Permit: NCR001338 Owner - Facility: Hcc Investments LLC
Inspection Date: 12/29/2008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection conducted in response to a Land Quality report from December 8, 2008 and Notice of Violation dated
December 16, 2008, which indicated failure to follow approved plan and failure to maintain erosion control measures.
Upon arriving at the site, it was noted that the project is substantially complete, however still considered active as Land
Quality has not closed it out and therefore still subject to the conditions of the NCG010000 general stormwater permit. No
onsite personnel could be located and an onsite rain gauge was not apparent. A copy of the erosion control plan that is
required to be maintained at the site could not be located either. Confirmation of the presence of these items as well as
copies of required documentation of rainfall data and inspections of the erosion control measures are to be provided in
response to the inspection report and Notice of Violation for failure to follow the plan and maintain measures, which are
also conditions of the NCG010000 permit. Although the Land Quality report notes off-site sedimentation to neighboring
property and in a lake, no water quality impacts were observed at the time of this Water Quality inspection.
Page:2
Permit: NCR001338 Owner - Facility: Hcc Investments LLC
Inspection Date: 12/29/2008 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
DLR or Local Program Inspection Yes No NA NE
# Is this inspection related to a DLR / local program inspection? ¦ ?
# If Yes, what was the DLR / local program inspection date? 12/08/2008
E & SC Plan Yes No NA NE
Is the site following its approved Erosion and Sedimentation Control Plan as indicated on DLR/Local Program n ¦ n n
Inspection Report?
Comment: DLR report indicates failure to follow approved plan.
Erosion Control Measures Yes No NA NE
Is the site maintaining their erosion control measures as indicated on DLR/Local Program Inspection Report? n ¦ n n
Comment: DLR report indicates failure to maintain erosion control measures.
Approved E&SC Plan Yes No NA NE
Is a copy of the approved E&SC plan on site? F1 n n ¦
Comment: No onsite contact made to provide location of plan.
Rain Gauge Yes No NA NE
Is a rain gauge present on the site at the time of inspection? n n n ¦
Comment: Although a rain gauge could not be located, there was no onsite personnel
to point out its location.
Rain Gauge Records Yes No NA NE
Is rain gauge data measured and recorded? n n n ¦
Comment: Records not found during inspection and should be provided in response to
inspection report.
Inspection Records Yes No NA NE
Are inspection records of erosion & sedimentation control measures and stormwater discharges complete? n n n ¦
Comment: See comment above.
Other NCGO10000 Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the NCG010000 permit?
Comment:
Other Water Quality Issues
is the site free of any other Water Quality issues as noted during the inspection?
Comment: No apparent water quality impacts were observed at the time of inspection.
¦nnn
¦ n n n
Page: 3