ROWAN-2018-014_NOV_20190517

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
lntenm Director
NORTH CAROLINA
Environment*! Quality
May 17, 2019
NOTICE OF VIOLATIONS OF THE
SEDE IENTATION POLLUTION CONTROL ACT
AND
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELDIRNATION SYSTEM
FOR
CONSTRUCTION ACTIVITIES
CERTIFIED MAIL
Dependable Development, Incorporated
Attention: Michael Foess, Operations Partner
2649 Brekonridge Centre Drive
Monroe, North Carolina 28173
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dependable Development, Incorporated
Attention: David Cuthbertson, President
2627 Brekonridge Centre Drive, Suite 104
Monroe, North Carolina 28110
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dependable Development, Incorporated
Attention: Wesley S. Hinson, Registered Agent
309 Post Office Drive
Indian Trail, North Carolina 28079
7016 1370 0000 2591 9335
MAY 23 2013
STO ENR_LyND QUA,
7016 1370 0000 2591 9342 RMWATEK ftklVll, t 1VG
7016 1370 0000 2591 9359
RE: Project Name: The Falls Subdivision Phases III & IV
Project ID: ROWAN-2018-014
County: Rowan
Compliance Deadlines: 15 days from receipt for SPCA violations
15 days from receipt by certified mail for
Construction Stormwater Permit NCG 010000 violations
Dear Mr. Foess, Mr. Hinson, and Mr. Cuthbertson:
DE QNi North Carolina Department of Environmental Quarty I Division of Energy, Mineral and Land Resources
_ 512 North Salisbury Street 11612 Mall Service Center I Raleigh. North Carolina 27699-1612
ox.�.umd ore wmnwn� dw"'" 919707.9200

Notice of Violations
Dependable Development, Incorporated
May 17, 2019
Page 2 of 5
On May 15, 2019, personnel of this office inspected a project located on West A Street & Chapman Drive,
Kannapolis in Rowan 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 24.6 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. 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 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).
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.
The violations of the Construction Stormwater Permit NCG 010000 that were found are:
1. 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
2. Failure to dewater sediment basin from the surface, NCG 010000 Part II, Section B.8 or GA
Sediment basins that have a drainage area of greater than one acre shall have outlet structures that
withdraw water from the surface. Non -surface withdrawals from sediment basins or traps with a
drainage area of greater than one acre are not allowed without prior approval, reporting, controls

Notice of Violations
Dependable Development, Incorporated
May 17, 2019
Page 3 of 5
used to minimize the discharge of pollutants, controls used to dissipate discharge velocities, and
proper sediment disposal.
3. 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.
4. Bypass of stormwater control facilities, NCG 010000 Part Z Section G.5-6
Bypass of stormwater control facilities is prohibited except as allowed by permit conditions.
To correct these violations, you must:
1. Using non -mechanical methods, remove all accumulated sediment between the Limits of
Disturbance and the creek.
2. Install all sedimentation and erosion control measures as shown on the approved plan, including
but not limited to, installation of the northwest basin.
3. Install silt fencing around Phase IV stockpiles.
4. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
5. 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.
6. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established
including the following locations: Phase V slope by the damaged retaining wall.
7. Address the damaged retaining wall to retain soil on -site.
8. Maintain silt fence as specified in the approved plan and as required to prevent sedimentation
damage at perimeter to prevent off site sediment.
9. Relocate soil stockpiles at least 50 feet away from storm drain inlets or surface waters.
10. Provide sediment basins with a skimmer or flashboard riser to dewater from the surface.
11. Repair and maintain all inlet protection, per the approved plan.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Interim Director of the Division of Energy,

Notice of Violations
Dependable Development, Incorporated
May 17, 2019
Page 4 of 5
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 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 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:
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 from October 15, 2018 to May 15,
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 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

Notice of Violations
Dependable Development, Incorporated
May 17, 2019
Page 5 of 5
inspected. You should not assume that the project is in compliance with the SPCA and Construction
Stonmwater 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 Angela
Lee or me at your earliest convenience.
Sincerely,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
Enclosures: Sedimentation Inspection Report
Construction Stormwater Permit NCG 010000
cc: SILte Sedimentation Specialist
Regional Water Quality Supervisor

Division of Energy, Mineral and Land Resources
610 East Center Avenue, Suite 3011 Mooresville, NC 28115 1 704/663-1699
County: Rowan Project: The Falls Subdivision Phases Ill & IV River Basin: Yadkin-PeeDee
Person financially responsible: Dependable Development, Incorporated Project q ROWAN-2018-014
Address: 2649 Brekonridge Center Drive, Monroe, North Carolina 28173 Case #
1. Project location: West A Street / Chapman Drive
Pictures: No: ❑ Yes: N Video: ❑ Digital: N
2. Weather and soil conditions: Sunny, Dry, 70s, Worktable Soils
3. Is site currently under notice of violation? Yes: ❑ No: N
4. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: N
5. Violations:
❑ a. No approved plan, G.S. 113A-57 (4) and 15A N.C.AC 4B.0107(c)
N b. Failure to follow approved plan, G.S. 113A-57(5)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15A N.C.AC. 413.0118(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A N.C.AC. 413.0107(b) or 15A N.C.AC. 4B.0124(e)
First inspection: Yes: N
If no, check violations below:
1Q/
Ei
■
/:1
11
N e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
N f. Failure to take all reasonable measures, 15A N.C.A.C. 4B.0105 ❑
6. Is the site in compliance with NPDES Permit NCG 010000? Yes: ❑ No: N
No: ❑
g. Inadequate buffer zone, G.S. 113A-57(1)
It. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15AN.C.AC. 4B.0124(d)
L Unprotected exposed slopes, G.S. 113A-57(2)
j. Failure to install and maintain measures,
15AN.C.AC.4B.0113
k. Failure to self -inspect G.S. 113A-54.1(e) and
15AN.C.AC. 4B.0131
1. Other (describe)
Not Applicable: ❑ If no, check violations below:
❑ in. Failure to manage construction site pollutants, NCG 010000 Part II, F ❑ r. Failure to have approved plan and NPDES
❑
n. Failure to provide ground stabilization, NCG 010000 Part II, E
permit on site, NCO 010000 Part III, B.1-2
❑
o. Failure to maintain rain gauge or record daily rainfall,
N
s. Failure to install and maintain BMP's,
NCO 010000 Part III, A
NCO 010000 Part Il, G.2-3
❑
p. Failure to meet self -inspection, reporting and record -keeping
N
t. Failure to develop and adhere to approved plan,
requirements; NCG 010000 Part III
NCG 010000, Part I
N
q. Failure to dewater sediment basin from surface, NCG 010000 Part II,
N
U. Bypass of stortnwater control facilities,
B.8 or GA
NCG 010000, Part II, G.5-6
❑
v. Other (describe):
7. Has sedimentation damage occurred since last inspection or at I" inspection? Yes: N If yes, where? (check all that apply) No: ❑
Lake/natural watercourse on the tract: N Lake/natural watercourse off the tract: ❑ Other property: N
Description:
Impact at silt fence near Phase V: approx. 10ftx2ft and 1-5" deep, avg depth approx. 2 in. from the LOD to edge of creek.
Impact at silt fence outfall near Phase III: approx. 50ftx30ft and 2-12" deep, avg depth approx. 3" to top of creek bank in
buffer.
Stormwater Discharge Outfall with sediment loss: Location 1: Phase III perimeter adjacent to creek; Location 3: perimeter by Phase IV
adjacent to creek
Degree of damage: slight: N moderate: ❑ severe: ❑
S. Contact made with (name): No one was on site.
Inspection report given: ❑ or sent: N to person financially responsible. Date given/sent: With NOV.
9. Corrective actions needed:
1. Using non -mechanical methods, remove all accumulated sediment between the Limits of Disturbance and the creek.
2. Install all sedimentation and erosion control measures as shown on the approved plan, including but not limited to,
installation of the northwest basin.
3. Install silt fencing around Phase IV stockpiles.
4. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
Revised 051J2019

Division of Energy, Mineral and Land Resources
610 East Center Avenue, Suite 3011 Mooresville, NC 28115 1 704/663-1699
5. 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.
6. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established including the following
locations: Phase V slope by the damaged retaining wall.
7. Address the damaged retaining wall to retain soil on -site.
8. Maintain silt fence as specified in the approved plan and as required to prevent sedimentation damage at perimeter and
prevent off -site sediment.
9. Relocate soil stockpiles at least 50 feet away from storm drain inlets or surface waters.
10. Provide sediment basins with a skimmer or flashboard riser to dewater from the surface.
11. Repair and maintain all inlet protection, per the approved plan.
10. Comments:
Provide adequate temporary or permanent groundcover on areas where land -disturbing activity (bare areas) has ceased
within the timeframes listed on your approved plan. This requirement applies to any portion of the project for any period
of inactivity.
Please give all items above your immediate attention.
Report by: Angela Lee
Date of inspection: May 15, 2019
cc:
Others present: Holliday Keen
Time arriving on site: 4:OOpm Time leaving site: 5:20pm
Page 1 of 2
Revised 05132019