HomeMy WebLinkAbout20240205_NOV_NCG021016 STA7f o
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ROY COOPER
Governor
ELIZABETH S.BISER
secretory
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
February 14, 2024
CERTIFIED MAIL: 7021 0950 0001 1209 5961
RETURN RECEIPT REQUESTED
L.M. McLamb& Son Construction Company, Inc.
Attn Jimmey Lennon McLamb
800 Calabash Road NW
Calabash,NC 28467
Subject: NOTICE OF VIOLATION
NOV-2022-PC-0292
Site: Ashton Farm Sand Mine
Certificate of Coverage:None(ref NCG0201016 and 10-A04)
Brunswick County
Dear Mr.McLamb:
On February 5,2024, Brian Lambe from North Carolina Department of Environmental Quality,Division of
Energy,Mineral,and Land Resources conducted a site inspection for the facility located at 2850 Longwood Road,
Ash„Brunswick County,North Carolina. A copy of the Compliance Inspection Report is enclosed for your
review. The site inspection and file review revealed that the subject facility is not covered under NPDES
Stormwater General Permit NCG020000. Permit coverage is required to discharge stormwater from the facility to
an unnamed tributary of Wet Ash Swamp designated as C;Sw, s in the Lumber River Basin.
As a result of the site inspection,the following violations are noted:
The site is operating a mining operation without benefit of coverage under North Carolina NPDES General
Permit NCG020000.
Facility is discharging mining wastewater offsite via a pump and dewatering basin.
The methods of dewatering are resulting in offsite sediment damage.
Required Response
• Immediately cease dewatering operations until the site receives a certificate of coverage for NCG020000.
• A written response to this notice for why the violations occurred must be submitted within 10 calendar
days. Include a timeline of compliance with the response.
• Submit a Notice of Intent to this office with section 6 completed. Mine dewatering is defined as
wastewater in NCG020000 part G1(c).
• A Stormwater Pollution Prevention Plan must be completed and emailed to this office for verification
within 30 calendar days.
• Implementation of permit requirements must begin immediately including analytical and qualitative
sampling.
• Installation and implementation of Best Management Practices must begin immediately.
• Clarify the outlet swale and stabilization methods.
• Documentation of best management practices must begin immediately.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Noan+casrouNn Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
o.�a im�vi,o�—bii� /"� 910,796,7215
NCG021016, 10-A04 Ashton Farm Sand Mine
Page 2 of 2
Thank you for your attention to this matter. This office requires that the violations,as detailed above,be properly
resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000 per
day for each violation. Should you have any questions,please contact Brian Lambe or me at(910)796-7215.
Sincerely,
Daniel Sams,ME
Regional Engineer
Enclosures: Compliance Inspection Report
cc: DEMLR Central Office—via email
worth Carolina Department of Environmental Quality 1 Division of Energy,Mineral and Land Resources
NORTH CAROLINA Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
n.n —iwew,n —UlWai\ r 910.796,7215