CUMBE-2015-191_NOV Holiday Inn Hotel_20171012

ROY COOPER
Governor
MICHAEL S. REGAN
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Secretary
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Energy,Mineral
TRACY DAVIS
and Land Resources Director
ENVIRONMENTAL QUALITY
October 12,2017
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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
7012 3050 0001 9398 5870
Attn: Mr. James Jethwa
Northeast Hospitality,LLC
- 3111 North Main Street
Hope Mills,NC 28348
RE: Project Name: Holiday Inn Hotel
Project ID: CUMBE-2015-191
County: Cumberland
Compliance Deadlines: 20 days from receipt for SPCA violations
20 days from receipt for Construction Stormwater Permit NCG
010000 violations
Dear Sir:
On September 22, 2017, personnel of this office inspected a project located on Two Bale Ln. 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
State of North Carolina I Environmental Quality I Energy,Mineral and laud Resources
225 Green Street,Suite 714 1 Fayetteville,NC 28301
910-433-3300

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Notice of Violations
Northeast Hospitality, LLC
October 12,2017
Page 2 of 7
land-disturbing activity of approximately 8.9 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.
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. The land disturbing activity has not been conducted in accordance with the approved erosion
and sedimentation control plan.
3. 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.
.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.
Inadequate maintenance of measures to retain sediment onsite. Sediment migration was
observed into a utility easement and jurisdictional/wetland area.
5. 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. I I3A-57(2) and(if in
HQW Zone) 15 NCAC 4B .0124(d).
Graded slopes and fills are at an angle which cannot be retained with vegetative cover or
other erosion control devices or structures.
6. Failure within 21 calendar days of completion of any phase of grading,to plant or otherwise
provide exposed graded slopes or fills with temporary or permanent ground cover,devices,
or structures sufficient to restrain erosion. G.S. 113A-57(2).
Adequate ground cover sufficient to restrain erosion and/or measures necessary to prevent
offsite sedimentation have not been installed.
NO V.l2202010

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Notice of Violations
Northeast Hospitality,LLC
October 12,2017
Page 3 of 7
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 .0113.
Adequate erosion and sedimentation control measures have not been installed and/or
maintained.
8. 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.
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)
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 010000 Section II. 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:
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.
`Q0V.12202010

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Notice of Violations
Northeast Hospitality,LLC
October 12,2017
Page 4 of 7
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:,
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i. Extensions of time may be approved by the permitting authority based on weather or
other site-specific conditions that make compliance impracticable.
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.
lii. Any sloped area flatter than 4: I 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.
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.
vu. 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.
3. 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.
Erosion and sediment control measures have not been installed and maintained.
N 0 V 12202010

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Notice of Violations
Northeast Hospitality,LLC
October 12,2017
Page 5 of 7
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.
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2. Reduce the angle of graded/existing slopes to an angle on which vegetative ground cover
may be established. Repair, stabilize and maintain all eroding slopes.
3. Install and maintain all sedimentation and erosion control measures as specified in the
approved plan.
4. Remediate or remove offsite sedimentation from the utility corridor and wetlands area in
accordance with all applicable regulatory requirements and criteria established by the United
States Army Corp of Engineers,.North Carolina Division of Water Resources, etc.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Director of the Division of Energy,
Mineral and Land Resources(Tracy E.Davis,PE)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 ofthe 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 twenty(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 maybe
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.
OV.122-02o.1«

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Notice of Violations
Northeast Hospitality,LLC
October 12, 2017
Page 6 of 7
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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 (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 twenty(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 fifteen(15)calendar days of
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receipt of this Notice by certified mail. Your response should be sent to this regional office at the
letterhead address and include the following:
l. 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 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.
NOV 12202010

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Noticd of Violations
Northeast Hospitality,LLC
October 12,2017
Page 7 of 7
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 Melissa.Joyner or me at your earliest convenience.
Sincerely,
{ r
Timothy L. L unty,PE
Regional Engineer
DEMLR
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
Resources for Technical Assistance—Erosion Control
cc: Toby-Vinson, PE, CPESC,CPM, Chief of Program Operations(via email)
Julie Coco, PE,CPESC, State Sedimentation Specialist(via email)
Jeevan Neupane, PE,Assistant Sediment Engineer(via email)
Annette Lucas,PE,Stormwater Program Supervisor(via email)
Trent Allen,Division of Water Resources,Regional Water Quality Supervisor(via email)
Chad Turlington, Division of Water Resources,Environmental Specialist(via email)
Deborah Reese,Administrative Assistant(via email).
Laura Alexander,Administrative Assistant(via email)
DEMLR Regional Office File
NOV 1221020.10

iSE DIME NTATIONICONSTRUCTION • " . i REPORT
North Carolina Department of Environmental Quality
.I Land Quality Section: 225 Green St, Suite 714 Fayetteville, NG 28301,Phone.[phone]
' COUNTY: Cumberland PROJECT: H©LIDAY INN HOTEL ' . _ RIVER BASIN:CApL PEAR
-PERSON FINANCIALLY RESPONSIBLE: James Jethwa,Ndrthhast'HcsSpitality,LLC PROJECT# CUMBE-2015491
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ADDRESS: 3111 NORTH MAIN ST HOPE MILLS NC 28348 CASE#
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1. PROJECT LOCATION: Two Bale Ln. Seventy-First Twsp NC
Pictures: YES Video: Digital
2. Weather and Soil Conditions: CLEAR,WORKABLE SOIL CONDITIONS, 90 DEGREES. First Inspection.
3. Is site currently under Notice of Violation? NO
4. is the site in compliance with S.P.C.A.and rules? NO
1 5. Violations:
b. Failure to follow approved plan-G.S. 113A-57(5)and Failure to implement the erosion and sedimentation control
plan, NCG 0100D0 Section 111. 3)(a)
d. Failure to provide adequate groundcover-Failure to provide adequate groundcover,G.S. 113A-57(3)and 15A N.C.
j A.C.48.0107(b)or 15A N.C.A.C.48.0124(e)
e. Insufficient measures to retain sediment on site-G.S. 113A-57(3)
f. Failure to take all reasonable measures-15A N.C.A.C.4B.0105
a .
g. Inadequate buffer zone, G.S. 113A-57(1)-G.S. 113A-57(1)
h. Graded slopes and fills too steep-G.S. 113A-57(2)or 15A N.C.A.C. 4B.0124(d)
i. Unprotected exposed slopes-G.S. 113A-57(2)
j. Failure to maintain measures- 15A N.C.A,C.413.0113
6. Is the site in compliance with NPDES Permit NCG 010000?: NO
n. Failure to provide ground stabilization NCG 010000 Section ll. B. (2)
s. Failure to install and maintain BMPs and control measures NCG 010000 Section 111.(4)
t~ Failure to operate and maintain control measures Failure to operate and-maintain control measures, NCG 010000
Section IV, (1)
7. Has Sedimentation Damage occurred since last inpections? YES '
Lake/natural watercourse-on the tract: YES Laketnatural watercourse off the tract: YES Other Property: YES
Description:SEDIMENTATION WAS OBSERVED OUTSIDE APPROVED LIMITS OF DISTURBANCE INCLUDING A UTILITY
EASEMENT AND DELINEATED WETLANDMURISDICTIONAL AREA.
Degree of Darnage; 3)SEVERE
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with(name): MR. JAMES JETHWA Title:
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given/Sent: SEP 26, 2017
Report By: Tim L. LaBounty Others Present: NONE
Date of Inspection: SEP 22 2017 Time Arriving on Site: 2:00 PM Time Leaving Site: 2:45 PM
cc;
Revision Date I Q/16/2015 Page 1 of 2

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S. Corrective Actions Needed:
Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent
' sedimentation damage including the following:
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 or as otherwise required in the approved erosion and sediment control
i plan.
Install all sedimentation and erosion control measures as shown on the approved plan.
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;
' The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other
adequate erosion-control devices or structures. In any event,slopes left exposed will,within 7 calendar days of
completion of any phase of grading,be planted or otherwise provided with.temporary or permanent ground cover,
devices,or structures sufficient to restrain erosion.
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I Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent
sedimentation damage.
10. COMMENTS: 1, Immediately install and/or establish adequate ground cover in accordance with the approved erosion and
sediment control plan.
2 Recapture sediment that has impacted upland areas outside of the limits of disturbance and within utility easement.
Coordination with applicable regulatory authorities(i,e. Corps of Engineers and Division of Water Resources)is required for
imp-acts to wetlands/iurisdictional areas.
3. Install and maintain approved erosion and sediment control measures to retain sediment on site. Should significant additional
measures be required, a revised plan must be submitted for review and approval prior to implementation.
4. Grade slopes to suitable grades necessary to establish adequate ground cover. Stabilize and provide protective measures to
prevent offsite sedimentation from-stockpiles.
Revision Date 1 0/1 61201 5 Page 2 of 2