CUMBE-2012-036_NOV TJR Life Center_20180308

ROY COOPER
Governor
Piz
MICHAEL S. REGAN
Secretary
Energy,Mirtera! WILLIAM E. (TOBY) VINSON, 7R.
and Land Resources Interim Director
i ENVIRONMENTAL QUALITY
i
March 8,2018
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL,ACT
AND
GENERAL PERMIT-NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIM[NATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7012 3050 0001 9398 6082
T.J.Robinson Life Center"Nonprofit"
Attn: Thurston Robinson, Owner
599 Castle Rising Road
Fayetteville,NC 28314
RE: Project Name: T.J.Robinson Life Center"Nonprofit"
.Project ID: CUMBE-2012-036
County: Cumberland
Compliance Deadlines: 20 days from receipt for SPCA violations
20 days from receipt for Construction Stormwater Permit NCG
010000 violations
Dear Mr.Robinson:
On March 2,2018,personnel of this office inspected a proj ect located on Black Bridge Road,Hope
Mills, in Cumberland 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 10.0 acres being conducted.
State of North Cff0h A I Environmental Quality I Energy,Mineral and Land Resources
225 Green Street,Suite 7141 Fayetteville,NC 28301
910-433-3300

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Notice of Violations
a Thurston Robinson
March 8,2018
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,
C.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.
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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 land disturbing activity has not been conducted in accordance with the approved erosion
and sedimentation control plan.
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 sufficient to restrain erosion has not been established.
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).
Approved erosion control measures have not been installed.
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 on-site natural watercourse has the potential to receive additional damage as a result of
measures:------__.__-_____--
5. 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).
A buffer zone of sufficient width to confine siltation by natural or artificial means within the
twenty-five(25)percent of that portion on the buffer zone nearest the land disturbing activity
has not been established near the on-site natural watercourse.
.NOV 12202010

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Notice of Violations
Thurston Robinson
March 8,2018
Page 3 of 8
6. Failure to maintain on graded slopes and fills,an angle which can be retained by vegetative
cover or other adequate erosion control devices or structures. G.S. 113A-57(2) and(if in
HQW Zone) 15 NCAC 4B .0124(d).
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iGraded slopes and fills are at an angle which cannot be retained with vegetative-cover or
i other erosion control devices or structures.
7. 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 .011.3.
Erosion and sedimentation control measures have not been installed and/or maintained.
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 follovrthe erosion and sedimentation control plan. The approved erosion and
sedimentation control plan is considered a condition-of Construction Storrnwater Permit
NCG 010000. NCG 010000 Section 111. 3)(a)
The land disturbing activity has not been conducted in accordance with the approved erosion
and sedimentation control plan.
2. Failure to provide ground stabilization,NCG 0.10000 Section 11.B.2)
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:
L All perimeter dikes, swales, ditches,perimeter slopes and all slopes steeper than 3
--.---------------.--.-------horizontal-tQ-l-vertical_(3:_l-)-sha.11be-pro_vided-temp-mary-oxpermanent-stabilization- ---_.---_._..-_..---
with ground cover as soon as practicable but in any event within 7 calendar days from
the last land-disturbing activity.
I 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.
NOV/2202010

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Notice of Violations
Thurston Robinson
March 8,2018
! Page 4 of 8
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b. Conditions - In meeting the stabilization requirements above,.the following conditions or
exemptions shall apply:
i. Extensions of time may be approved by the permitting authority based on weather or
other site-specific conditions that make compliance impracticable.
U. All slopes 50'in length or greater shall apply the ground cover within 7 days except
when the slope is flatter than 4: I. 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 4:1 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
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.
A. For portions of projects within the Sediment Control Commission-defined "High
Quality Water Zone"(I 5A NCAC 04A.0105),stabilization with ground cover shall
be achieved as soon as practicable but in any event on all areas of the site within 7
calendar days from the last land disturbing act.
vii. Portions of a site that are lower in elevation than adjacent discharge locations and are
not expected to discharge during construction may be exempt from the temporary
ground cover requirements if identified on the approved E&SC Plan or added by the
permitting authority.
Ground cover sufficient to restrain erosion has not been established.
3. Failure to dewater sediment basin from the surface,NCG 010000 Section H. B.4)
Sediment basins that have a drainage area of greater than one acre shall have outlet structures
that withdraw water from the surface.
Outlet structures are not installed for Sediment Basins 1 and 2.
4. Failure to install and maintain BMPs and control measures,NCG 010000 Section UL 4)
The permtttee 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.
Erosion and sediment control measures have not been installed and maintained.
.NOV.1 z1-02010

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Notice of Violations
Thurston Robinson
�I March 8,2018
Page 5 of S
5. Failure to operate and maintain control measures,NCG 010000 Section TV,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.
Erosion and sediment control measures have not been operated and maintained.
6. Bypass of stormwater control facilities,NCG 010000 Section IV 3)
Bypass of stormwater control facilities is prohibited except as allowed by permit.conditions.
Stormwater control facilities are being bypassed.
To correct these violations,you must:
1. Provide adequate permanent and /or temporary ground cover on all disturbed areas in
accordance with the approved erosion and sedimentation control plan.
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.
2. Reduce the angle of graded/existing slopes to an angle on which vegetative ground cover
may be established. Repair,stabilize and maintain all steep,eroding slopes.
_33.-._ Ins_talLand-maintain-a1Lsedimentation-and-erosion.-control_measures-as-specified,in-the-.-------_-------..--.---
approved plan.
4. Discontinue the bypass of the stormwater control. facilities by installing the temporary
diversions for Sediment Basins 1 and 2.
5. Install the outlet structures for the Sediment Basins 1 and 2 to withdraw water from the
surface.

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Notice of Violations
Thurston Robinson
March 8,2018
Page 6of8
6. Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation.
within the 25 % of the buffer nearer the land disturbance using natural or artificial means
including the following areas:Near the on-site natural watercourse.
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(Toby Vinson,PE,CPESC,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 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 violations are corrected within the time period set
out below.
In addition, if the violations of the SPCA cited herein are not corrected within 20 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 1 I3A-64. A penalty may be
assessed.frorn 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;includrn civil penalty ate. s ei�nts o cont�n g - --- ----
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 15 calendar days of receipt of
this Notice by certified mail.
NGV 12202010

Notice of Violations
Thurston Robinson
March 8,2018
Page 7 of 8
Your response should be sent to this regional office at the letterhead address and include the
following:
I. 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 for the project.
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 violations will be considered in any civil penalty assessment process that may
occur.
Please be advised that any new land-disturbing activity assoeiated 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.,
NOV.12'M_0 t o

Notice of Violations
Thurston Robinson
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March 8,2018
Page 8 of 8
Should you have questions concerning this notice or the requirements of the SPCA and Construction
Stormwater Pennit NCG 010000 please contact either Melissa Joyner or me at your earliest
convenience.
Sincerely,
Timothy. L: ounty,PE
Regional Engineer
DEMLR
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TLLB/maj
Enclosures: Sedimentation Inspection Report
cc: Jim Graves,Site Manager,Jim Graves and Associates,Inc. (via email)
Chris Culbreth,Contractor,(via email)
Toby Vinson,PE,CPESC,.CPM,Interim Director and Chief of Program Operations(via email)
Julie Coco,PE,CPESC; State Sediment Specialist(via.email)
Annette Lucas,PE, State Stormwater Specialist.(via.email)
Trent Allen,Regional Supervisor,NC Division of Water Resources(via.email)
Deborah.Reese,Administrative Assistant(via email)
Laura Alexander,Administrative Assistant(via email)
DEMLR Regional Office Fite
NOV 12202010

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N Caro ma epartment o Envu�onmenta Qua ity
Land Quality Section:225 Green Street, Ste. 714,Fayetteville, NC 28301,Phone: [phone]
County: Cumberland Project: T.J.Robinson Life Center"Nonprofit" River basin:Cape Fear
Person financially responsible:Thurston Robinson Project#CUMBE-2012-036
Address:599 Castle Rising Road,Fayetteville,NC 28314 Case
1. Project location:NCSR 1115 Black Bridge Road,Hope Mills
Pictures:No:❑ Yes:X Video:❑ Digital:X
2. Weather and soil conditions:Sunny,workable First inspection:Yes:❑ No:X
3. Is site currently under notice of violation? Yes: ❑ No: X
4. Is the site in compliance with S.P.C.A.and rules? Yes: ❑ No: X If no,check violations below:
i 5. Violations:
❑ a No approved plan,G.S. 113A-57(4)and 15A NCAC 4B.0107(c) X g. Inadequate buffer zone,G.S. 113A-57(1)
X b. Failure to follow approved plan,G.S. 113A-57(5) X h. Graded slopes and fills too steep,
❑ c. Failure to submit revised plan,G.S..113A-54.1(b)and G.S:113A-57(2)or 15A NCAC 4B.0124(d)
15A NCAC 4B.0118(a) ❑ i. Unprotected exposed slopes, G.S.113A-57(2)
j X d. Failure to provide adequate groundcover,G.S. 113A-57(3); X J. Failure to maintain measures,15A NCAC 413.0113
15A NCAC 4B.0107(b)or 15A NCAC 4B.0124(e) ❑ k. Failure to self-inspect G.S. 113A-54.1(e)and
X e. Insufficient measures to retain sediment on site,G.S. 113A-57(3) 15A NCAC 4B.0131
X f. Failure to take all reasonable measures,15A NCAC 4B.0105 ❑ 1. Other describe))
6. Is the site in compliance with NPDES Permit NCG 010000? Yes:❑ No:X Not Applicable:❑ If no,check violations below:
❑ m. Failure to manage construction site pollutants,NCG 010000 Sec.II,B.1 rl r.Failure to have approved plan and NPDES
X n. Failure to provide ground stabilization,NCO 010000 Sec.II,B.2 permit on site,NCG 010000 Sec.III,3(d)
❑ o. Failure to maintain rain gauge or record daily rainfall, X s. Failure to install and maintain BMP's,
NCG 010000 Sec.II,B.3(a,b) NCG 010000 Sec.III,4
❑ p. Failure to meet self-inspection and reporting requirements, X t.Failure to operate and maintain control
NCG 010000 Sec.II,B.3(c-i) measures,NCG 010000 Sec.IV, 1
X q. Failure to dewater sediment basin from surface, X u.Bypass of stomiwater control facilities,
NCG 010000 Sec.II,BA NCG-010000,Sec.1V,3
❑ v. Other(describe)
7. Has sedimentation damage occurred X since last inspection❑ at 1't inspection? Yes: ❑ If yes,where?(check all that apply) No:❑
Lake/natural watercourse on the tract: X Lake/natural watercourse off the tract:❑ Other property:❑
Description:Additional sediment is impacting the on-site natural watercourse.
Stormwater Discharge Outfall with high turbidity or sediment loss:
Degree of damage: slight:❑ moderate:X severe: ❑
8. Contact made with(name):Jim Graves Title:Site Manager
Inspection report given: ❑ or sent:X to person financially responsible. Date given/sent:3/7/2018
9. Corrective actions needed: Please see Corrective Actions Needed Below:
Report by:Melissa Joyner Others present: Jason Gill
Date of inspection: 3/2/2018 Time arriving on site: 1:15 PM Time leaving site: 2:20 PM
cc:Jim.Graves,Chris Culbreth(via email)
9. Corrective actions needed(continued)
❑Submit an adequate sedimentation and erosion control plan for approval,covering all areas disturbed or tobe disturbed.
X Install all sedimentation and erosion control measures as shown on the approved plan,including:1.Sediment Basins(SB)1 and 2
with baffles,Faircloth skimmers and spillway(SB-1);2.Temporary diversions 1-4;3.Silt fence outlets.
❑Submit a revised sedimentation and erosion control plan for approval for the following areas:
Revision Date 09092013 Page 1 of 2

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No o a Department o Envnronmen 'ty
Land Quality Section:225 Green Street, Ste. 714, Fayetteville,NC 28301,Phone: [phone]
X Provide adequate permanent ground cover on all areas where development has been completed according to the time limits in the
approved plan,including the following areas:All inactive,bare and eroding slopes,including diversion ditches,berms and the back
slopes of Sediment Basins 1 and 2.
1 X Install erosion and sediment control devices sufficient to retain sediment on the tract at the following areas:1.The construction
1 entrance and silt fence above the permanent outfall on the northwest side of the site.
X Install temporary sediment traps or basins and associated diversions as.shown on the approved plan,including the following
locations: Sediment Basins 1 and 2 with baffles,Faircloth skimmers and spillway(SB-1);2.Temporary diversions 1-4
❑Install adequate drop inlet protection as shown on the approved plan,including the following locations:
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X Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation within the 25%of the buffer nearer the
land disturbance using natural or artificial means(minimum 25-foot width in Trout Waters)including the following areas:
Near the on-site natural watercourse.
X Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established including the following
locations:All bare and eroding slopes.
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❑For disturbed areas less than one acre,provide adequate temporary or permanent
grading has been completed for 21 calendar days,including the following locations.
X Maintain all sedimentation and erosion control measures as specified in the approved,plan and as required to prevent sedimentation
damage,including the following locations:The silt fence,drop inlet protection and Sediment Basins.1-and 2:
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C.1 Properly handle concrete to avoid contact with surface waters,wetlands or buffers and prevent discharge from site.
❑Relocate soil stockpiles at least 50 feet away from stonn drain inlets or surface waters.
X Provide adequate temporary or permanent ground cover on areas where land-disturbing activity has ceased in 7 or 14 days
according to NCG 01000 permit conditions at the following areas:All inactive,bare and eroding slopes,including diversion ditches,
berms And the back slopes of Sediment Basins 1 and 2.
X Provide Sediment Basins 1 and 2 with a drainage area of one acre or greater with a skimmer or flashboard riser.
❑Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours of a rainfall event
of%inch or greater and complete self-monitoring reports.
❑Maintain a rain gauge in good working order and record daily rainfall amounts.
10.Comments: 1.Erosion control measures are not installed according to the approved plan: 1.Sediment Basins 1 and 2 with baffles,
Faircloth skimmers and spillway(SB-1);2.Temporary diversions 1-4;3.Silt fence outlets.
2.There are steep,bare,inactive and eroding slopes on the site in need of regrading and stabilization with permanent groundcover.
Sediment is overtopping the silt fence and impacting an on-site natural watercourse.;.3.The silt fence is in need of maintenance since it
fs_ eHij over_to_pped With-fed iment-ff is-Uihik undermined-near the permanent ditfaail-f0 iclh aisctierges to the
watercourse.The silt fence is also not trenched in near the Remote Borrow Site Area.;4.The drop inlet protection is in need of
maintenance.;5.The construction entrance needs to be increased in width because it appears that vehicles have been driving adjacent
to the entrance on the bare slopes.;
6.On the north side of the site,additional silt fence is needed upslope of the existing culvert-to prevent sediment from bare slopes from
entering the on-site diversion ditch.
❑ Permanent ground cover sufficient to restrain erosion has been established. No additional self-monitoring or self-inspections are
required. Project is released and coverage under NPDES General Stormwater Permit for Construction Activities is terminated.
Revision Date 09092013 Page 2 of 2