HOKE-2016-021_NOV Cliff Point S/D_20190529

PLOY COOPER
Governor
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
fnterim Director
NORTH CAROLINA
Environmental Quality
May 29, 2019
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
WE
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 5482
Southeastern Construction of Rockfish, LLC
Attn: Jeffrey Wright, Manager
771 Bostic Road
Raeford, NC 28376
RE: Project Name: Cliff Point Subdivision
Project ID: HOKE-2016-021
County: HOKE
Compliance Deadlines
Dear Mr. Wright:
20 days from receipt for SPCA violations
20 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
On May 23, 2019, personnel of this office inspected a project located on S. Parker Church 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
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 28301
rvcaP+cneauND 910.433.3300
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Notice of Violations
Southeastern Construction of Rockfish, LLC
May 29, 2019
Page 2 of 7
inspection revealed a land -disturbing activity of approximately 3.5 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).
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.
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.
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.
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. 113A-57(2) and (if in
HQW Zone) 15 NCAC 4B .0124(d).
Graded slopes and fills are at an angle which cannot be retained by vegetated cover, erosion
control devices or structures.

Notice of Violations
Southeastern Construction of Rockfish, LLC
May 29, 2019
Page 3 of 7
6. 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.
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(e) and 15A NCAC
413.0131.
Self -inspections have not been conducted or adequately documented.
The violations of the Construction Stormwater Permit NCG 010000 that were
found are:
Failure to develop and adhere to 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 Part I
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 Part II, Section E
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:
Extensions of time may be approved by the Erosion & Sediment Control (E&SC)
plan authority based on weather or other site -specific conditions that make

Notice of Violations
Southeastern Construction of Rockfish, LLC
May 29, 2019
Page 4 of 7
compliance impracticable.
ii. Slopes equal to or less than 2:1 and 10 ft or less in length allow for ground cover to
be applied up to 14 days from the last land -disturbing activity.
iii. Slopes steeper than 4:1 and greater than 50 ft in length require ground cover within
7 days of the last land -disturbing activity.
Groundcover sufficient to restrain erosion has not been established.
3. Failure to meet self -inspection, reporting, and record -keeping requirements. NCG 010000
Part III
a. A written record of the daily rainfall amounts shall be retained, and all records shall
be made available upon request.
b. Ground stabilization measures shall be inspected and documented after each phase
of the plan or grading.
c. Erosion and sedimentation control measures shall be inspected to ensure that they
are operating correctly. Inspections must also be documented. 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 or under
the direction of the permittee within 24 hours after any storm event of
greater than 1.0 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 1.0 inches of rain per 24-hour period.
Permittees shall report occurrences of visible sedimentation deposition in a stream
or wetland. Permittees shall also report occurrences of oil spills, releases of
hazardous substances in excess of reportable quantities, bypasses of discharges, or
non-compliance with the conditions of this permit that may endanger health or the
environment.
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Notice of Violations
Southeastern Construction of Rockfish, LLC
May 29, 2019
Page 5 of 7
f. An approved erosion and sedimentation control plan, the General Permit
NCGO10000 and records of inspections must be kept current, and either onsite or
readily available and accessible during normal business hours.
Erosion and sedimentation control measures are not being inspected and inspection records
are not being maintained.
4. Failure to install and maintain BMPs and control measures, NCG 010000 Part II, Section
G.2-3
The permittee shall install and maintain all temporary and permanent E&SC measures as
required by this permit and the approved E&SC plan. If self -inspections required by this
permit identify a need for maintenance of control measures, modifications or additions to
control measures, or corrective actions to control sediment or other pollutants, these actions
shall be performed as soon as possible considering adverse weather and site conditions.
Erosion and sedimentation control measures have not been installed and maintained.
To correct these violations, you must
1. Install permanent groundcover on all bare slopes.
2. Address the sediment within the on -site existing pond and install appropriate protective/
stabilization measures next to the pond until permanent ground cover is established on the
adjacent slopes.
3. Provide maintenance to the Permanent Basin.
4. Install Riprap Velocity Dissipator #3 for the Permanent Basin according to the specifications
in the approved sedimentation and erosion control plan.
5. Install appropriate protective/stabilization measures downslope of Temporary Skimmer Basin
#1 until permanent groundcover is established where the Basin is being removed.
6. Conduct and document self -inspections.
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 Interim Director of the Division of
Energy, Mineral and Land Resources, S. Daniel Smith, for appropriate enforcement action,
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Notice of Violations
Southeastern Construction of Rockfish, LLC
May 29, 2019
Page 6 of 7
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 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 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 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 been or will be completed.
2. Rainfall data and self -inspection or self -monitoring records from May 1, 2019 to June 1,
2019.
3. A plan of action to prevent future violations.
4. A plan for restoration of sedimentation damage.
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

Notice of Violations
Southeastern Construction of Rockfish, LLC
May 29, 2019
Page 7 of 7
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 Construction
Stormwater Permit NCG O10000. When corrective actions are complete, you should notify this
office so that work can be inspected. You should not assume that the proj ect 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. 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,
Timothy L. LaBounty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
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, Suite 714, Fayetteville, NC 28301-5094 [phone]
County: Hoke Project: CLIFF POINT SUBDIVISION River basin: Cape Fear
Person financially responsible: Southeastern Construction of Rockfish, Project #: HOKE-2016-021
LLC - Jeffrey Wright
Address: 771 Bostic Road, Raeford, NC 28376
1. Project Location: S. Parker Church Road, McLauchlin Twsp.
Pictures: Yes - Digital
2. Weather and soil conditions: Dry, workable soils
3. Is site currently under notice of violation? No
4. Is the site in compliance with S.P.C.A. and rules? No
5. Violations:
✓ b. Failure to follow approved plan, G.S. 113A-57(5)
Initial inspection: No
If no, check violations below:
✓ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A NCAC 4B .0107(b)
✓ f. Failure to take all reasonable measures, 15A NCAC 4B .0105
✓ g. Inadequate buffer zone, G.S. 113A-57(1)
✓ h. 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
✓ k. Failure to self -inspect, G.S. 113A-54.1(e) and 15AN.C.A.C. 4B.0131
n. Failure to provide ground stabilization, NCG 010000 Part II, E
p. Failure to meet self -inspection, reporting and record -keeping requirements, NCG 010000 Part III
s. Failure to install and maintain BMP's, NCG 010000 Part II, G.2-3
t. Failure to develop and adhere to approved plan, NCG 010000, Part I
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
✓ Lake/Natural watercourse on the tract
Description: Sediment is entering the on -site existing pond.
Degree of damage: Slight
8. Contact made with (name): No one
Inspection report: Sent Report
9. Corrective action needed:
If Yes, where? (check all that apply)
Title:
Date given/sent: May 29, 2019
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. 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.
4. Repair and stabilize all bare, eroding slopes.

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. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
6. Provide adequate temporary or permanent groundcoveron areas where land -disturbing activity
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10. Comments: 2. There are bare slopes on and near the Permanent Basin which need stabilization with permanent
groundcover. Gully erosion is observed on the side slopes of the Basin. Sediment in the Basin needs to
be removed. The baffles are falling down. Riprap Energy Dissipator 43 which is installed for the outfall
of the Basin is not installed according to the specifications in the approved sedimentation and erosion
control plan.
3. The sediment from the prior Basin breach is still in the on -site existing pond and has not been
addressed. Additional sediment from the bare slopes continues to erode into the water in the pond. Silt
fence should be installed adjacent to the pond until the slopes are stabilized with permanent
groundcover.
4. Temporary Skimmer Basin 1 is in the process of being removed. Silt fence is removed down slope of
this Basin and there is potential for sediment to impact to off -site property.
5. Self -inspection forms have not been sent to the Inspector for this site.
Reported by: Melissa Joyner Others present:
Date of inspection: May 23, 2019 Time arriving on site: 3:30 PM Time leaving site: 4:05 PM
cc: David McMillan (via email)