MECKL-2018-089_NOV_20190226

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
February 21, 2019
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
0
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Charlotte Douglas International Airport
Attention: Brent Cagle, Airport Director
600 East 4th Street
Charlotte, North Carolina 28202
7016170 0000 2592 0003
RFr,F's r_r)
FEB 26 2013
RE: Project Name: Project Quattro DENR-LAND QUALITY
Project ID: WCKL-2018-089 STOWWATER PEkW I i ING
County: Mecklenburg County
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. Cagle:
On February 14, 2019, personnel of this office inspected a project located on Tuckaseegee Road,
Charlotte in Mecklenburg 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 120.18 acres being
conducted.
State of North Carolina I Environmental Quality I Energy, Mineral and land Resources
Mooresville Regioual Office 1610East Cww Ave SW301 I MoorwAe,NC28115
704 663 1699 T

Notice of Violations
Charlotte Douglas International Airport
February 21, 2019
Page 2 of 5
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. I I3A-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.
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).
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 SPCA, and rules
adopted thereunder, during or after the development of a site. 15 NCAC 4B .0113.
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 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)
2. Failure to meet self -inspection and reporting requirements. NCG 010000 Section II. B. 3) f)
The Permittee shall report to the Division of Water Resources central office or the
appropriate regional office any visible sediment being deposited in any stream. Any
information shall be provided orally or electronically within 24 hours from the time the
permittee became aware of the circumstances.
3. Failure to install and maintain BNTs and control measures, NCG 010000 Section III.4)
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 this permit.

Notice of Violations
Charlotte Douglas International Airport
February 21, 2019
Page 3 of 5
4. Failure to operate and maintain control measures, NCG 010000 Section IV, 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.
To correct these violations, you must:
1. Using non -mechanized equipment, remove all sediment that has been deposited off -site
beyond the perimeter silt fence and in the streambed, and re -stabilize all affected areas.
Contact the Mooresville Regional Division of Water Resources (704-663-1699) as soon as
possible to report sedimentation in waters of the state and request guidance on stream
remediation efforts.
2. 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 means including the
area prepping for the stream crossing.
3. Repair, re -install and maintain all sedimentation and erosion control measures (silt fence, silt
fence outlet, sediment basins) as specified in the approved plan and as required to prevent
sedimentation damage including the following locations: stream crossing outlet, sediment
basins/outfalls, and area adjacent Basin 3.
4. Install silt fence outlet, per the manual specifications, using the appropriate size clean stone
and wire, to allow proper functionality.
5. Take all reasonable measures to prevent off -site sedimentation damage to adjacent properties.
6. Report to the Water Quality Regional Operations Section and Land Quality Section any
future sedimentation in the stream within 24 hours or one business day.
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 [S. Daniel Smith] 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 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

Notice of Violations
Charlotte Douglas International Airport
February 21, 2019
Page 4 of 5
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 [S. Daniel Smith]
for appropriate enforcement action, including civil penalty assessments fora 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. Rainfall data and self -inspection or self -monitoring records from November to February.
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 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
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

Notice of Violations
Charlotte Douglas International Airport
February 21„ 2019
Page 5 of 5
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 Ms. Angela Lee or me at your earliest
convenience.
Sincerely,
3—L-1— 'S' tf,--
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
AL\CG\TE\cys
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
Resources for Technical Assistance — Erosion and Sediment Control
c: State Sediment Specialist
Supervisor, Regional Water Quality Operations Section

Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone:[phone]
County: Mecklenburg Project: Project Quattro River basin: Catawba
Person/Company Financially Responsible: Charlotte Douglas International Airport - Brent D Cagle, Director
Project #: N ECKL-2018-089
Address: 600 East 4th Street, Charlotte, NC 28202
1. Project location: 'Mckaseegee Road, Charlotte
Pictures: No: r Yes: 1✓ Video: r Digital: r
2. Weather & soil conditions: Stmny, Dry, 40s, Workable Soils First inspection:Yes: r No: F
3. Is site currently under notice of violation? Yes: r No: r
4. Is the site in compliance with S.P.C.A. and rules? Yes: r No: r If no, check violations below:
5. Violations:
r a. No approved plan, G.S. 113A-57 (4) and 15A NCAC 4B.0107(c)
b. Failure to follow approved plan, G.S. I I3A-57(5)
r c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15ANCAC 4B.0118(a)
r d. Failure to provide adequate groundcover, G.S. 113A-57(3);
15A NCAC 413.0107(b) or 15A NCAC 4B.0124(e)
h e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
r f. Failure to take all reasonable measures, 15A NCAC 413.0105
g. Inadequate buffer zone, G.S. 113A-57(1)
r h. Graded slopes and fills too steep,
G.S.113A-57(2) or 15A NCAC 4B.0124(d)
r i. Unprotected exposed slopes, G.S. 113A-57(2)
r j. Failure to maintain measures, 15A NCAC 4B.0113
r k. Failure to self -inspect G.S. 113A-54.Ile) and
I SA NCAC 4B.0131
r 1. Other describe) )
6. Is the site in compliance with NPDES Permit NCG 010000? Yes: r No: r Not Applicable: r
If no, check violations below:
r m. Failure to manage construction site pollutants, NCG 010000 Sec. 11, B.1 r
r n. Failure to provide ground stabilization, NCG 010000 Sec. II, B.2
r o. Failure to maintain rain gauge or record daily rainfall, ry
NCG 010000 Sec. B, B.3(a b)
F p. Failure to meet self -inspection and reporting requirements,
NCG 010000 Sec. II, B.3(c-i)
r q. Failure to dewater sediment basin from surface, r
NCG 010000 Sec. II BA
r. Failure to have approved plan and NPDES
permit on site, NCG 010000 Sec. III, 3(d)
s. Failure to install and maintain BMP's,
NCG 010000 Sec. III, 4
t. Failure to operate and maintain control
measures, NCG 010000 Sec, IV, 1
u. Bypass of stormwater control facilities,
NCG 010000, Sec. IV, 3
v. Other: Failure to implement and follow the approved
plan. NCG 010000 Section III.3(a)
7. Has sedimentation damage occurred: r since last inspection r at I" inspection? Yes: r No: r
If yes, where? (check all that apply):
Lake/natural watercourse on the tract: r Lake/natural watercourse off the tract: r Other property:
Description: Stream: approx. 3ftx20ftx6in. Impact near basin 3 outside the perimeter silt fence: approx.
150ftx250ft and 1--8" deep, w/overall avg depth approx. 2 in.
Stormwater Discharge Outfall with sediment loss: Location 1: silt fence near proposed stream crossing:
Location 2: silt fence in area of Sediment Basin 3.
Degree of damage: slight: r moderate : r severe: r
8. Contact made with:
Jeremy Prather Title: Ske Superintendent
Date Inspection report sent to financially responsible party: I with Nov.
Re ort b Angela Lee I-bllida Others present: Y
Keen
P Y�
2/14/2019 10:30 am 12:30 pm
Date of inspection: Time arriving_on site: Time leaving site:
cc:I
Revision Date 00091_0t Page 1 of

Land Quality Section: 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115,
Phone:[phone]
9. Corrective actions needed:
1. Using non -mechanized equipment, remove all sediment that has been deposited off -site beyond the
perimeter silt fence and in the streambed, and re -stabilize all affected areas. Contact the Mooresville
Regional Water Quality Regional Operations Section (704-663-1699) as soon as possible to report
sedimentation in waters of the state and request guidance on stream remediation efforts.
2. 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 means including the area prepping for the
stream crossing.
3. Repair, re -install and maintain all sedimentation and erosion control measures (silt fence, silt fence
outlet, sediment basins) as specified in the approved plan and as required to prevent sedimentation
damage including the following locations: stream crossing outlet, sediment basins/outfalls, and area
adjacent Basin 3.
4. Install silt fence outlet, per the manual specifications, using the appropriate size clean stone and wire,
to allow proper functionality.
5. Take all reasonable measures to prevent off -site sedimentation damage to adjacent properties.
6. Report to the Water Quality Regional Operations Section and Land Quality Section any future
sedimentation in the stream within 24 hours or one business day.
10. Comments:
Deficiencies in the erosion control measures were noted at the site and discussed with Jeremy Prather, who
accompanied us during this inspection. Please immediately address the corrective actions listed above. If you
have any questions or comments, please contact our office at [phone].
Reviskm Date 09092013 1Page 2 of