NCC220968_The Hills at Stone Gate NOV_20220221

ROY COOPER
covernor
ELIZABETH S. BISER
Secretary,
BRIAN WPENN
Director
NORTH CAROUNA
EnvironmentalQua1itY
February 21, 2022
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
70201810 00021109 4859
CRA Home Builders, Inc.
Attn: George Armstrong, President
2709 Thorngrove Court
Fayetteville, NC 28303
RE: Project Name: The Hills at Stone Gate
Project ID: CUMBE-2022-007
County: Cumberland
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. Armstrong:
On February 15, 2022, personnel of this office inspected a project located on
Edwinstowe Avenue, Fayetteville, 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).
North Car ainaDepartment of Environmental Quality ( Division of Energy, Mineral and Land Resources
Fayetteville Rcgionai Office 1 225 Green Street, Suree 7141. Fayetteville, North Carolina 28301.
410.433.3300

Notice of Violations
CRA Home Builders, Inc.
2/21/2022
The inspection revealed a land -disturbing activity of approximately 33.85 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 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.
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
Private property has been damaged as the result of failing to take reasonable
preventive measures.
4. 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.
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Notice of Violations
CRA Home Builders, Inc.
2/21/2022 -
5. Failure to install and maintain all erosion and sedimentation control measures as
required 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.
The violations of the Construction Stormwater Permit NCG 010000 that were
found are:
Discharge of stormwater without a permit. To discharge stormwater under the National
Pollutant Discharge Elimination System (NPDES), a Certificate of Coverage (COC)
under General Stormwater Permit NCGO10000 - Construction Activities is required
for construction and development that result in a land disturbance greater than or equal
to one acre, or that are part of a common plan of development of that size or greater,
that are also subject to the North Carolina Sedimentation Pollution Control Act of 1973
to waters of the state. [G.S. 143-215.1(a) and 15A NCAC 2H .0126]
Discharge of stormwater without a permit.
To correct these violations, you must:
1. Install appropriate protective/stabilization measures per the approved
sedimentation and erosion control plan.
2. Address applicable sediment impacts to the off -site residential yard, to
Edwinstowe Avenue and where sediment has left the limits of construction.
3. Reduce the angle of graded/existing slopes to an angle on which vegetation
may be established. Repair and stabilize the bare slopes, outside of the limits
of disturbance, with the excavated holes at the intersection of -Andrews Road
and Stone Mountain Farm Road.
4. Obtain a Certificate of Coverage.
SPCA Violations
The violations of the SPCA cited herein may be referred to the Division of Energy,
Mineral and Land Resources 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
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Notice of Violations
CPA Home Builders, Inc.
2/21/2022 -
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 from receipt of this Notice, this office may request that the Division
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 Division of Energy, Mineral and Land Resources 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 5 calendar days from receipt of this Notice by certified
mail to cease the violations listed above and must 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 action listed above has been or will be corrected.
2. 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 and Construction Stormwater Permit NCG 010000.
The relevant statute and administrative rules can be found at the Division's website
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Notice of Violations
CRA Home Builders, Inc.
2/21/2022
at http://deg.nc.gov/E&SC. The permit can be found at the Division's website at
http://deg.nc.gov/ncg01. Should you have questions concerning this notice or the
requirements of the SPCA and Construction Stormwater Permit NCG 010000
please contact either Ms. Melissa Joyner or me at your earliest convenience.
Sincerely,
Timothy L.1• ounty, PE
Regional Engineer
DEMLR
TLL/maj
Enclosures: Sedimentation Inspection Report
cc: Toby Vinson, PE, CPESC, CPM, Chief of Program Operations (via email)
Brad Cole, PE, Section Chief, Regional Operations (via email)
Julie Coco, PE, CPESC, State Sedimentation Specialist (via email)
Paul Clark, Water Supply Watershed Coordinator (via email)
Alaina Moorman, Environmental Specialist (via email)
Deborah Reese, Administrative Assistant (via email)
DEMLR Regional Office File
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North Carolina Deparhnent of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
10. Comments: *This project was inspected due to a complaint received by this Office.
1. A Certificate of Coverage has not been obtained. As of April 1, 2019, all new construction
activities are required to complete and submit an electronic Notice of Intent (eNOI) form
requesting a Certificate of Coverage (COC) under the NCG010000 Construction General
Permit. After the form is reviewed and found to be complete, you will receive a link with
payment instructions for the $100 annual permit fee. After the fee is processed, you will
receive the COC via email. As the Financially Responsible Party shown on the FRO form
submitted for this project, you MUST obtain the COC prior to commencement of any land
disturbing activity. The form may be accessed at deq.nc.gov/NCG01. Please direct questions
about the eNOI form to the Stmmwater Program staff in the Raleigh central office. If the
owner/operator of this project changes in the future, the new responsible party must obtain a
new COC.
2. There are no sedimentation and erosion control measures installed except for TSSB #1 and
drop inlet protection for one drop inlet. Sediment is observed in Edwinstowe Avenue which
should be removed. There is no drop inlet protection installed for the drop inlet on
Edwinstowe Avenue and sediment is near the drop inlet. Sediment is also going outside of the
limits of disturbance downslope of proposed TSSB #2 and TSSB Pond #2. This sediment
should be returned to the limits of disturbance. There is potential for sediment to impact
off -site property downslope of proposed TSSB Pond #3.
3. TSSB #1 - No diversion berms with turf matting, baffles or skimmer are installed for this
Basin.
4. At the corner of Andrews Road and Stone Mountain Farm Road there are some excavated
holes observed on a side slope outside of the limits of disturbance which should be regraded
and stabilized with permanent groundcover.
5. The backyard of #6312 (Lot 46) has been partially excavated outside of the limits of
disturbance. Restabilization of the backyard is necessary.
Reported by: Melissa Joyner
Date of inspection: February15, 2022
cc:
Others present:
Time arriving on site: 2:35 PM Time leaving site: 4:20 PM

Sedimentation/Construction Stormwater Inspection Report
North Carolina Department of Environmental Quality
Land Resources: Systel Building, 225 Green Street, Suite 714, Fayetteville, NC 28301-5094
[phone]
County: Cumberland _ Project: The Hills at Stone Gate
Person financially responsible: CRA Home Builders, Inc. - George Armstrong, Project #:
President
Address: 2709 Thomgrove Court, Fayetteville, NC 28303
1. Project Location: Edwinstowe Ave., Fayetteville -Manchester
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
Riverbasin: Cape Fear
CLTMBE-2022-007
No Certificate of Coverage
Initial inspection: Yes
If no, check violations below:
5. Violations:
✓ b. Failure to follow approved plan, G.S. 113A-57(5), G.S. 113A-57(5)
✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3), G.S. 113A-57(3)
✓ f Failure to take measures to protect property, 15A N.C.A.C. 413.0105, 15ANCAC 413 .0105
✓ j. Failure to install and maintain measures, 15A N.C.A.C. 4B.0113, 15 NCAC 4B .0113
✓ in. Discharge without a permit, G.S. 143-215.1(a) and 15AN.C.A.C. 02H .0126
6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements?
Describe: Refer to Violation in.
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Other Property
Description: The backyard of 6312 Ellesmere Drive (Lot 46) has been impacted by excavation.
Degree of damage: Slight
8. Contact made with (name): No one Title:
Inspection report: Sent Report Date given/sent: February 21, 2022
9. Corrective action needed:
1. Install all sedimentation and erosion control measures as shown on the approved plan.
2. Install erosion and sediment control devices sufficient to retain sediment on the tract.
3. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
4. Obtain a Certificate of Coverage.
5. Provide and dewater sediment basins with a drainage area of one acre or greater with a skimmer
or flashboard riser.
6. Provide an outlet structure that will withdraw water from the surface.
7. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be
established, on the side slope at the intersection of Andrews Road and Stone Mountain Farm
Road.
8. Install and maintain measures to divert storm run-off through the stormwater control facilities,
such as but not limited to temporary sediment traps or basins.
N/A