HOKE-2013-074_Revised NOV Whispering Winds_20190304

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
March 4, 2019
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
AND
GENERAL PERMIT -NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7015 0640 0007 8168 5406
Lumbee Quality Builders, Inc.
Attn: Spencer Locklear, President
3505,Hwy 401 Business, Suite 203
Raeford, NC 28376
RE: Project Name: Whispering Winds Subdivision, Phase 1
Project ID: HOKE-2013-074
County: Hoke
Compliance Deadlines: 20 days from receipt for SPCA violations
20 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Locklear:
On February_ _6,_ 2019,_personnel _of this office inspected_a_project located on Townsend
--—
Road, Raeford, in Hoke 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 1.80 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 SPCA, G.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.
D E Q North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28304
eni�mmniw.mor 910A33.3300

Lumbee Quality Builders, Inc.
March 4, 2019
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
sedimentation and erosion 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).
Sedimentation and erosion control measures sufficient to restrain erosion and retain sediment
within the boundaries of the tract have not been established.
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
Private property has been damaged as the result of failing to take reasonable preventive
measures.
5. Failure to maintain on graded slopes and fill areas, an angle on which vegetative cover or other
adequate erosion control devices or structures. G.S. 113A-57(2) and (if in HQW Zone) 15
NCAC 413.0124(d).
Graded slopes and fill areas are at angle which cannot be retained by vegetated cover, erosion
_.._-_control devices or structures. -_-
6. Failure to install and maintain all erosion and sedimentation control measures as require 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 .0113.
Erosion and sedimentation control measures have not been installed and maintained.
7. Failure to conduct or adequately document self -inspections. G.S.113A-54.1€ and 15A NCAC 413.0131
Self -inspections have not been conducted and documented.

Lumbee Quality Builders, Inc.
March 4, 2019
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)
The land disturbing activity has not been conducted in accordance with the approved erosion
and sedimentation control plan.
2. Failure to manage construction site pollutants. NCG 010000 Section II.B.1)
Building material waste has not been disposed of in an approved containment area.
c. All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statures, Chapter 130A, Article 9 — Solid Waste Management and rules
governing the disposal of solid waste. I SA NCAC 13B
3. Failure to provide ground stabilization. NCG 010000 Section II B.2)
Groundcover sufficient to restrain erosion has not been established.
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: .
i. All perimeter dikes, swales, ditches, perimeter slopes and all slopes steeper than
3 horizontal to 1 vertical (3:1) shall be provided temporary or permanent
stabilization with ground cover as soon as practicable but in any event within 7
calendar days from the last land disturbing activity.
ii. 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.
b. Conditions — In meeting the stabilization requirements above, the following conditions
or exemptions shall apply:
Extentions of time may be approved by the permitting authority based on weather
or other site -specific conditions that make compliance impractical.
ii. All slopes 50' in length or greater shall apply the ground cover within 7 days
except when the slope is flatter than 4:1. 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.

Lumbee Quality Builders, Inc.
March 4, 2019
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.
vi. For portions of projects within the Sediment Control Commission -defined
"High Quality Water Zone" (15A 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.
4. Failure to meet self -inspection and reporting requirements. NCG 010000 Section IL B. 3)
A rain gauge is not on the site and a written record of daily rainfall amounts is not being retained.
Erosion and sediment control measures are not being inspected and inspection records are not
being maintained.
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 -on 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.
d. 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.

Lumbee Quality Builders, Inc.
March 4, 2019
5. Failure to install and maintain BMPs and control measures. 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 the permit.
Erosion and sedimentation control measures have not been installed and maintained.
To correct these violations, you must:
1. Install Swales #1 and#2 according to the approved specifications in the sedimentation and
erosion control plan and provide permanent groundcover for these swales within 7 calendar
days of completion.
2. Provide maintenance for Swale #1 and the associated outfall riprap apron.
3. On off -site property, Lot 5, repair and stabilize with permanent groundcover bare and
eroding slopes in the location which had been impacted from water leaving Swale #1 at an
erosive rate. Also, on Lots 6 and 9, repair all bare and eroding slopes with permanent
groundcover.
4. Install silt fence around the stockpiles on Lot 9.
5. Dispose of the building material waste on Lots 6 and 9 in an approved containment area or
remove the waste from these Lots.
6. Install a rain gauge on the site.
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.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Director of the Division of
Energy, Mineral and Land Resources, S. Daniel Smith, Interim Director, for appropriate
_enforcement_ action,-including.civil penaltyassessments 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 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 20 calendar
days of receipt of this Notice, 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 may

Lumbee Quality Builders, Inc.
March 4, 2019
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 Director of the Division of Energy, Mineral and Land Resources, S. Daniel Smith,
Interim 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 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 20 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 or will be corrected.
2. Rainfall data and self -inspection or self -monitoring records from January 1, 2019 to
February 1, 2019.
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 associated with this project should
not begin until the area presently disturbed is brought into compliance with the SPCA and
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.

Lumbee Quality Builders, Inc.
March 4, 2019
Should you have questions concerning this notice or the requirements of the SPCA and
Construction Stormwater Permit NCG 010000 please contact either Melissa Joyner or me at your
earliest convenience.
Sincerely,
Ximothy L. ounty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
Resources for Technical Assistance - Erosion and Sedimentation Control
cc: Toby Vinson, PE, CPESC, CPM, Section Chief (via email)
Julie Coco, PE, CPESC, State Sedimentation Specialist (via email)
Annette Lucas, PE, State Stormwater Specialist (via email)
Alaina Moorman, Environmental Specialist I, (via email)
Trent Allen, Division of Water Resources, Regional Water Quality Supervisor (via email)
Deborah Reese, Administrative Assistant (via email)
DEMLR Regional Office File

North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Systel Building, 225 Green Street, Suits 714, Fayetteville, NC 28301-5094 [phone]
County: Hoke Project: Whispering Winds Subdivision, Phase 1 River basin: Cape Fear
Person financially responsible: Lumbee Quality Builders, Inc. -Spencer Locklear, ' Project #: HOKE-2013-074
President
Address: 3505 Hwy 401 Business, Suite 203, Raeford, NC
1. Project Location: Townsend Road, McLauchlin
Pictures: Yes - Digital
2. Weather and soil conditions: Dry, workable soils Initial 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 If no, check violations below:
5. Violations:
✓ b. Failure to follow approved plan, G.S.113A-57(5)„
✓ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A NCAC 4B .0107(b)
✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
✓ f. Failure to take all reasonable measures,' 15A NCAC 4B .0105
✓ It. Graded slopes and fills too steep, G.S. 113A-57(2) or 15 NCAC 4B .0124(d)
✓ j. Failure to maintain erosion control measures, 15 NCAC 4B .0113
✓ in. Failure to manage construction site pollutants, NCG 010000 Sec. II, B.1
✓ n. Failure to provide ground stabilization, NCG 010000 Sec.'11, B.2
✓ o. Failure to maintain rain gauge or record daily rainfall,NCG 010000 Sec. II, B.1(a,b)
✓ p. Failure to meet self -inspection and reporting requirements, NCG 010000 Sec. 11, B.1(c-i)
✓ t. Failure to operate and maintain control measures, NCG 010000 Sec. IV,1
6. Is the site in compliance with the NPDES Permit? No
Describe: Failure to follow the approved plan.
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Other Property.
Description: Water is leaving Swale #1 at an erosive rate and impacting off -site property, Lot 5.
Degree of damage: Slight
8. Contact made with (name): No one Title:
Inspection report: Sent Report Date given/sent: February 08, 2019
9. Corrective action needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan.
2. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan.
3. Repair and stabilize all bare and eroding slopes.
4. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.

North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094 [phone]
5. Provide adequate temporary or permanent ground cover on areas where land -disturbing activity
has ceased in 7 or 14 days according to NCG 010000 permit conditions.
6. Properly dispose of building material waste in an approved containment area.
7. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
8. Inspect all erosion and sedimentation control measures and storm discharge outfalls at least
weekly and within 24 hours of a rainfall event of'h inch or greater and complete self -monitoring
reports,
9. Maintain a rain gauge in good working order and record daily rainfall amounts.
10. Comments: *This site was initially inspected on November 14,2018 due a complaint received by this
office.
1. Swale #1 which is located in the drainage easement between Lots 4 and 5 is not installed.
according to the approved specifications (dimensions) in the sedimentation and erosion
control plan. The swale is partially installed and water is leaving the swale at an erosive rate,
impacting off -site property, Lot 5. This Lot will need to be stabilized with groundcover in this
location. Sediment is in the swale in need of removal. The outfall riprap apron has sediment in
it and needs maintenance.
2. Swale # 2 is not installed as shown on the approved erosion control plan. The water is being
piped across Lot 7. Both Swales #1 and #2 will needto be stabilizedwithpermanent
groundcover within 7 calendar days of completion.
3. Swale #3 is stable with no issues.
4. Lots 6 and 9 have bare, inactive, eroding slopes which need stabilization with permanent
groundcover.
5. Lot 9 - There are stockpiles on thisLot. Additional erosion control measures should be
installed to containthesediment in the stockpiles.
6. Construction debris is noted on Lots 6 and 9 which needs to be put in an approved
containment area or removed from these Lots:
7. A permanent rain gauge should be installed on the site and self -inspection forms provided
for the last 4 weeks of the project.
Reported by: Melissa Joyner
Date of inspection: February 06, 2019
cc:
Others present:
Time arriving on site: 2:50 PM
Time leaving site: 3:20 PM

ROY COOPER
Resources for Technical Assistance —Erosion and Sedimentation Control
Erosion and Sedimentation Control Plan Requirements and Submittal Documents:
DEQ Erosion and Sedimentation Program Website: http;//Dortal.ncdenr.org/web/Ir/erosion
On this page, you will find the following information:
• Sedimentation Pollution Control Act and Administrative Code (the Law and Rules)
• Information regarding any upcoming workshops or training events
• Manuals and Publications, including the Erosion and Sedimentation Pollution Control Planning and
Design Manual. A direct link to the design manual may be found here:
htto://Dortal.ncdenr.org/web/Ir/576
• Downloads and Links, which provide several helpful design calculations,spreadsheets for various E&SC
measures
• Forms needed for plan submittal, including the Financial Responsibility/Ownership form (required) and
the Plan Checklist for Designers, which lists all necessary items for complete plan submittal
• Express Plan Review Options, and the corresponding forms
To Locate a Plan Des1kr4r:
The level of design needed for your plan will depend on the specific project conditions. There is no statutory
requirement that erosion and sedimentation control plans be designed by a professional engineer or any other
licensed/certified person. However, persons with these licenses or certifications are often qualified to prepare and
submit adequate erosion and sedimentation control plans.
The following are provided as references. Directories of licensed or certified individuals may be found on these
websitesi
NC Board of Examiners for Engineers & Surveyors: htto://www.ncbels.org/
NC B'oara of ucensea sou scientists naD:uwww.ncDiss.orgy
Certified Professionals in Erosion and Sediment Control: http://www.c6esc.org/
If you have any other questions, or need additional information, please do not hesitate to contact your NC DEQ regional
office (see reverse side of this sheet). We appreciate your cooperation in resolving the violations noted during our
inspection.
North Carollna Department of EnvironmentMillity l DlvlstonofEnergy, Mineral andtandliesourua
Fayetteville Regional Office 1225areen Streatk9ten4l FayetWlle,NorthC&mUna2a30r
910.4333300 .

, , a
Asheville. Regional Office Fayetteville Regional Office
2090 US Highway 70 225 Green Street (Systel Building), Suite 714
Swannanoa, NC 28778Fayetteville, NC 28301-5D94
[phone] {91.0)433-3300`
Regional Engineer: Stan Aiken, PE . Regional Engineer.,: Tim IaBounty, PE.
Mooresville Regional Office 610 Raleigh Regional Office
East Center Avenue 3800 Barrett Drive, Raleigh, NC 27609
Mooresville, NC 28315 Mail:1628 Mail Service Center
[phone] Raleigh, NC 27699 `
Regional Engineer: Zahid Khan, CPESC, CPSWQ: (919) 7914200
Regional Engineer: Bill Denton, PE
Washington Regional Office Wilmington Regional Office
943 Washington Square Mall 127Cardinal Drive Extension
Washington, NC 27889 Wilmington, NC 28405.
[phone] [phone]
Regional Engineer: Samir'Dumpor, PE Regional Engineer: Dan Sams, PE
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
[phone]
Regional Engineer: Matthew Gantt, PE