GT Properties_NOV_20180503

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MI
Energy, Mineral WILLIAM E (TOBY) VINSON, JR
9Y+ Interim Director
and Land Resources
ENVIRONMENTAL QUALITY
May 3, 2018
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
GT Properties of NC, Incorporated 7016 1370 0000 2595 8662
Attention: James Grady Cook, President and Registered Agent
3841 Willow Grove Lane
Concord, North Carolina 28025
GT Properties of NC, Incorporated 7016 1370 0000 2595 8686
Attention: Todd Eury, Vice President
3841 Willow Grove Lane
Concord, North Carolina 28025
RE: Project Name: GT Properties of NC, Incorporated
Project ID: Not Assigned
County: Cabarrus
Compliance Deadlines: 15 days from receipt by certified mail for SPCA violations
15 days from receipt by certified mail for Construction
Stormwater Permit NCG 010000 violations
Dear Mr. Cook and Mr. Eury:
On May 1, 2018, personnel of this office inspected a project located on 870 Accent Avenue SE,
Concord in Cabarrus 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 3 acres being conducted.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 28115
704 663 1699 T

Notice of Violations
GT Properties of NC, Incorporated
May 3, 2018
Page 2 of 4
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 665 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:
Failure to file an erosion and sedimentation control plan with this office 30 or more days
prior to initiating any land -disturbing activity that will disturb more than one acre on a tract,
failure to secure this office's prior approval of the plan for any land -disturbing activity prior
to beginning the land -disturbing activity. G.S. 113A-54(d)(4), G.S. 113A-57(4) and 15A
NCAC 4B.0107(c).
2. 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 violations of the Construction Stormwater Permit NCG 010000 that were found are:
1. Discharge of stormwater without a permit. Because the land -disturbing activity does not
have an approved erosion and sedimentation control plan it does not have coverage under the
Construction Stormwater Permit NCG 010000 and you are not permitted to discharge
stormwater. G.S. 143-215.1(a) and 15A N.C.A.C. 02H .0126
To correct these violations, you must:
Submit three (3) copies of an approvable sedimentation and erosion control plan and the
appropriate plan review fee to this office. Until the required plan has been approved, no
land -disturbing activity may be conducted, except that which is necessary to bring the site
into compliance. Until an erosion and sedimentation plan has been approved, any land -
disturbing activity, except that which is necessary to bring the site into compliance, will
constitute additional violations of the SPCA and G.S. 143-215.1(a) and 15A N.C.A.C. 02H
.0126 . Following our review of the plan within 30 days of receipt, this office will notify you
that the plan has been approved, approved with modifications or disapproved. Following
approval of the plan, all land -disturbing activity on the site must be conducted in accordance
with the terms of the approved plan, the SPCA and the implementing rules and Construction
Stormwater Permit NCG 010000.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Interim Director of the Division
of Energy, Mineral and Land Resources (William E. (Toby) Vinson, Jr.), 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

Notice of Violations
GT Properties of NC, Incorporated
May 3, 2018
Page 3 of 4
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 fifteen (15)
calendar days of receipt of this Notice, this office may request that the Interim 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 Interim Director of the Division of Energy, Mineral and Land Resources (William E.
(Toby) Vinson, Jr.) 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 fifteen (15) 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 fifteen (15) 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. A plan of action to prevent future violations.
3. 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 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

Notice of Violations
GT Properties of NC, Incorporated
May 3, 2018
Page 4 of 4
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 Mr. Michael L. Peveler or me at your
earliest convenience.
Sincerely,
V--
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
MLP/OS/TE/cys
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
Financial Responsibility Form
Erosion Control Plan Checklist
Resources for Technical Assistance — Erosion and Sediment Control
c: State Sediment Specialist
Supervisor, Regional Water Quality Operations Section

North Carolina Department of Environmental Quality
Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone: [phone]
County: Cabarrus Project: GT Properties of NC, Inc. River basin: Yadkin Pee Dee
Person Financially Responsible: James Grady Cook - Project #: CABAR-2018-502
Address: 3841 Willow Grove Lane, concord, North Carolina 28025
1. Project location:
870 Accent Ave SE Concord, NC 28025
Pictures: No: r_ Yes: 17 Video: r- Digital:
2. Weather & soil conditions:
I Sunny, 72, workable soils
First inspection: Yes: !_' No: f-
3. Is site currently under notice of violation? Yes: r-
No: r7
4. Is the site in compliance with S.P.C.A. and rules? Yes:
No: P If no, check violations below:
5. Violations:
a. No approved plan, G.S. 113A-57 (4) and 15A NCAC 413.0107(c) T7
g. Inadequate buffer zone, G.S. 113A-57(1)
b. Failure to follow approved plan, G.S. I I3A-57(5)
h. Graded slopes and fills too steep,
c. Failure to submit revised plan, G.S. I I3A-54.1(b) and
G.S. 113A-57(2) or 15A NCAC 413.0124(d)
15A NCAC 413.0118(a)
i. Unprotected exposed slopes, G.S. 113A-57(2)
d. Failure to provide adequate groundcover, G.S. 113A-57(3); r
j. Failure to maintain measures, 15A NCAC 413.0113
15A NCAC 413.0107(b) or 15A NCAC 413.0124(e)
k. Failure to self -inspect G.S. 113A-54.1(e) and
e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
15A NCAC 4B.0131
f. Failure to take all reasonable measures, 15A NCAC 413.0105
1. Other describe) I
6. Is the site in compliance with NPDES Permit NCG 010000? Yes: r- No: T_ Not Applicable:
If no, check violations below:
M. Failure to manage construction site pollutants, NCG 010000 Sec. I1, 13.1 F
r. Failure to have approved plan and NPDES
n. Failure to provide ground stabilization, NCO 010000 Sec. I1, B.2
permit on site, NCG 010000 Sec. III, 3(d)
o. Failure to maintain rain gauge or record daily rainfall, F s.
Failure to install and maintain BMP's,
NCG 010000 Sec. II, 13.3(a, b)
NCG 010000 Sec. III, 4
p. Failure to meet self -inspection and reporting requirements,
t. Failure to operate and maintain control
NCG 010000 Sec, II, B.3(c-i)
measures, NCG 010000 Sec. IV, 1
q. Failure to dewater sediment basin from surface,
u. Bypass of stormwater control facilities,
NCO 010000 Sec. 1I, 13.4
NCG 010000, Sec. IV, 3 _
v. Other (describe)
- -
7. Has sedimentation damage occurred: r since last inspection F at I" inspection? Yes: No:
If yes, where? (check all that apply):
Lake/natural watercourse on the tract: r- Lake/natural watercourse off the tract: Other property: 17
Description: _
. .
Stormwater Discharge Outfall with sediment loss:
Degree of damage: slight: r moderate: F severe: l-
8. Contact made with:
Austin Yow Title:
Foreman
Date Inspection report sent to financially responsible party: I
With NOV.
M ichael Peveler
Report by:_ Others present:
5/1/2018 � 11:30am 12:OOpm
Date of inspection: Time arriving on site: Time leaving site:

North Carolina Department of Environmental Quality
Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone: [phone]
cc:
9. Corrective actions needed
Submit three (3) copies of an approvable sedimentation and erosion control plan and the appropriate
plan review fee to this office. Until the required plan has been approved, no land -disturbing activity
may be conducted, except that which is necessary to bring the site into compliance. Until an erosion
and sedimentation plan has been approved, any land -disturbing activity, except that which is
necessary to bring the site into compliance, will constitute additional violations of the SPCA and
G.S. 143-215.1(a) and 15A N.C.A.C. 02H.0126. Following our review of the plan within 30 days
of receipt, this office will notify you that the plan has been approved, approved with modifications or
disapproved. Following approval of the plan, all land -disturbing activity on the site must be
conducted in accordance with the terms of the approved plan, the SPCA and the implementing rules
and Construction Stormwater Permit NCG 010000.
10. Comments:
This inspection was conducted due to a complaint of a land disturbing activity not having a permit.
Upon inspecting the site, we found that more than one acre had been disturbed without an approved
erosion control plan.
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